1. INTRODUCTION AND DEFINITIONS

These General Terms and Conditions govern the use of the application named HOME GATEWAY APP between Gewiss S.p.A. and the User.

Before proceeding with registration, the User is obliged to carefully read these General Terms and Conditions, together with the privacy policy and any other documentation provided by Gewiss S.p.A. related to the use of the HOME GATEWAY APP and related services.

In these General Terms and Conditions the terms below shall have the meaning specified below:

a) "Gewiss": Gewiss S.p.A., a single-member company, with registered offices in via A. Volta, 1 - 24069 Cenate Sotto (BG), Tax Code, VAT No. and Bergamo Company Register No. 00385040167.

b) "User": the person who, following registration, uses the Service as defined below.

c) "HOME GATEWAY APP": the software application for mobile devices used by the User to access the Service.

d) "Smart Home": the system composed of sensors and actuators that communicate with each other via various wired or radio communication protocols (KNX, Zigbee, others) and form part of a home and building automation application.

e) "Home Gateway": the device that interfaces with the Smart Home, enabling communication between the Smart Home and the HOME GATEWAY APP.

f) "Service": the service for managing, controlling, configuring, parameterising and supervising the functions of the Smart Home and the Home Gateway implemented through the use of the HOME GATEWAY APP.

g) "Installer": indicates the profile of the User who commissions and configures the Home Gateway and the HOME GATEWAY APP.

h) "Administrator": indicates the profile of the User who manages and administers the installation (e.g. the owner of the home to whom the Installer delivers the system).

i) "Other Users": indicates End User profiles other than the Installer and Administrator.

j) "General Terms and Conditions": these general terms and conditions of use as set out below.

k) "Contract": the set of General Terms and Conditions, Privacy Policy and any documentation provided by Gewiss for the use of the HOME GATEWAY APP.

2. PURPOSE OF THE SERVICE

2.1 Functionality of the Service

2.1.1 By registering with the HOME GATEWAY APP, the User obtains access to the Service, which includes the following functions, available according to the actual composition of the specific Smart Home system and the User’s rights of use, associated with their role:

a) Registration and management of User access.

b) Modification of the User’s personal data within their account.

c) Association to the accounts of the Smart Home systems to which they may have access.

d) Display of the list of Smart Home systems associated with their account.

e) Selection of Smart Home systems from the list of those associated with their account.

f) Monitoring of the operation of the Smart Home system connected via Home Gateway.

g) Management of the actuating devices of the Smart Home system (e.g. devices controlling lights, blinds, electrical outlets, etc.).

h) Management (execution and storage) of scenes.

i) Execution of multiple commands.

j) Control and setting of heating/cooling devices.

k) Display of daily, monthly and annual graphical trends of electrical data measured by the Smart Home system sensors.

l) Programming and configuration of schedules (timers) implemented by Home Gateway.

m) Programming and configuration of thermoregulation profiles executed and managed by Home Gateway.

n) Creation and configuration of logical functions executed by Home Gateway.

o) Programming of irrigation functions performed by Home Gateway.

p) Customisation of the user interface (changing icons, device names, background images).

q) Sending push notifications.

2.2 Enabling and using the Service

2.2.1 Users may access and use the Service on the basis of different roles or profiles to each of which are assigned rights of use, command, visibility, parameterisation and access to functions, determined according to the type of role and during configuration of the HOME GATEWAY APP.

2.2.2 The various profiles are enabled as follows:

- the Installer profile is automatically assigned to the person who is responsible for commissioning and configuring the Home Gateway and the HOME GATEWAY APP.

- the Administrator profile is enabled by the Installer and attributed to the person who, after commissioning, takes over the management of the Smart Home (e.g. the homeowner to whom the Installer delivers the system).

- Other User profiles and their relative authorisations are defined by the Installer or Administrator.

2.2.3 The Administrator may deactivate Installer profiles or delete Other User profiles at any time.

2.2.4 Each User may only use the Service via a Home Gateway.

2.2.5 It is forbidden for Users to resell or charge other fees for the use of or access to the Service, or to engage in any other use that is incompatible with these General Terms and Conditions.

2.3 Duration of, and possible modification, suspension or interruption to, the Service

2.3.1 The Service is provided free of charge to all registered Users.

2.3.2 Gewiss may modify, suspend or discontinue the Service at any time and without prior notice. Gewiss shall not in any case be held liable to the User or to third parties if it decides to exercise this right. The Service may also be interrupted or blocked for individual Users through the blocking of the associated IP account if Gewiss detects or even suspects use that is improper, unlawful or contrary to the Contract.

2.4 Withdrawal

2.4.1 Without prejudice to art. 2.2.3, the User may exercise their right of withdrawal at any time and without being charged any additional cost, by uninstalling the HOME GATEWAY APP from their device.

3. HOME GATEWAY APP TERMS AND CONDITIONS OF USE

3.1 Registration and activation

3.1.1 The use of HOME GATEWAY APP is subject to the acceptance of the General Terms and Conditions available on the website or within the application, through the "Point&Click" mode. Therefore, by clicking on the "I accept" buttons, the User acknowledges and declares to have read, understood and accepted the General Terms and Conditions.

3.1.2 In order to access the Service, the User must register by providing the required data, including personal data and email address, which will serve as the username for their account; and generate an access password according to the instructions provided during registration.

3.1.3 Once registration has been completed, the User will receive an email with instructions on how to proceed with the activation of their personal user account.

3.1.4 The User undertakes to implement and maintain all appropriate measures for the protection of their access codes and the prevention of any involuntary disclosure; in any case, the User is exclusively responsible for any authorised or unauthorised, lawful or unlawful use of HOME GATEWAY APP. Gewiss declines all responsibility in relation to direct or indirect damage to persons or things as a direct or indirect consequence of the improper and unauthorised use of the HOME GATEWAY APP and/or the User’s personal profile.

3.1.5 In the event of the loss of the password or access credentials, the User is obliged to follow the "recovery procedure" from the HOME GATEWAY APP.

3.2 Privacy

3.2.1 Gewiss undertakes to collect and process the personal data provided by the User or collected during the use of HOME GATEWAY APP in accordance with the regulations in force regarding privacy and in respect of the privacy policy contained in HOME GATEWAY APP. The User, in any case, remains responsible for ensuring that the data provided is truthful, correct and up to date.

3.2.2 For further information, the User may send an e-mail to the following address: privacy@gewiss.com.

3.3 Intellectual property

3.3.1 All intellectual property rights and all copyrights relating to HOME GATEWAY APP, including but not limited to rights relating to know-how, source code, software, projects, applications, patents, industrial secrets, formulas, algorithms, models, graphics and databases, are and shall remain the property of Gewiss and of the subjects of which it is the legitimate licensee.

3.3.2 HOME GATEWAY APP is the property of Gewiss, and is protected by the laws and regulations on intellectual property and copyright, as well as by relative EU regulations and international treaties as applicable.

3.3.3 The granting of a licence to use the HOME GATEWAY APP by Gewiss to the User does not imply the transfer or recognition of any rights in favour of the user or any other subject, except for what is expressly stipulated herein. It is therefore understood that the User may not copy, modify, sell, assign, license, grant, transfer to third parties or create derivative works from any of Gewiss’ rights, nor allow third parties to do so through the User.

3.4 Limitation of Liability

3.4.1 HOME GATEWAY APP is provided "as is" and "as available", without any express or implied warranty. For example, Gewiss offers no guarantee that HOME GATEWAY APP corresponds to the requirements requested and/or expected by the User or that HOME GATEWAY APP will always function without interruption, delay or imperfection, or that HOME GATEWAY APP is convenient, secure or error-free. Furthermore, Gewiss offers no guarantee as to the results expected, hoped for or obtained through use of the HOME GATEWAY APP.

3.4.2 The User is aware that they use the Service at their own risk. Gewiss declines all responsibility for any claims made by the User relating to the impossibility to use HOME GATEWAY APP for whatever reason. Gewiss also accepts no responsibility for damages, claims or losses, whether direct or indirect, deriving from the failure and/or defective operation of either HOME GATEWAY APP or the electronic equipment belonging to the User or to third parties, including Internet Service Providers and/or telephone and/or telematic connections not directly managed by Gewiss or by persons for whom it is responsible.

3.4.3 Gewiss shall not be held in breach of its obligations, nor shall it be liable for damages resulting from the failure to access the Service, the interruption, even permanent, of the same, or for any interruption caused by the malfunction or failure of the electronic means of communication due to causes beyond its control.

3.4.4 Gewiss shall not, in any event, be liable for any direct or indirect damage caused to the User or third parties due to: (i) the use of, or the impossibility to use, HOME GATEWAY APP; (ii) any interruption, even permanent, of HOME GATEWAY APP; (iii) unauthorised access or alteration in the transmission of User data caused by HOME GATEWAY APP.

3.4.5 Gewiss shall not be held responsible for any non-compatibility of HOME GATEWAY APP with any device or for any problems or inability to proceed with the download of HOME GATEWAY APP. With regard to these applications, Gewiss expressly declares that it has not carried out and, in any case, does not carry out any activity to control or certify operation.

3.4.6 Gewiss assumes no obligation to continue to develop, produce, support, repair or rectify any defects or other; to offer or continue in any other way to develop HOME GATEWAY APP, or to carry out any activity in relation to HOME GATEWAY APP.

3.4.7 Gewiss assumes no obligation to provide technical or other support with regard to the use of HOME GATEWAY APP.

3.5 Indemnity

3.5.1 The User is obliged to use HOME GATEWAY APP in accordance with the purpose for which it was created, and to indemnify, hold harmless and reimburse Gewiss, the subjects connected to or controlled by the same, as well as any representatives, employees or collaborators, from any claim, dispute or compensation, however intended, which, either directly or indirectly, arises from the Contract and which depends on the actions or behaviour of the User or third parties authorised by the User.

4. FINAL PROVISIONS

4.1 Contacts

4.1.1 HOME GATEWAY APP is owned and operated by:

GEWISS S.p.A., a single-member company, with registered offices in via A. Volta, 1 - 24069 Cenate Sotto (BG), Tax Code, VAT No. and Bergamo Company Register No. 00385040167, website www.gewiss.com.

4.1.2 Without prejudice to the provisions of Art. 3.4 of these General Terms and Conditions, in the event of problems relating to the use of the HOME GATEWAY APP, the User may contact Customer Service via the following link Global Service & After Sales GEWISS (GSS).

4.2 Amendments to the General Terms and Conditions

4.2.1 The General Terms and Conditions have been drawn up in Italian. Gewiss may amend the terms and conditions of the documents referring to the Contract at any time, without prior notice. Gewiss will give notice of any such amendments via the HOME GATEWAY APP; continued use of the HOME GATEWAY APP will constitute acceptance of the amended terms and conditions.

4.3 Applicable law and final provisions

4.3.1 The Contract is governed by Italian law.

4.3.2 Should any of the provisions of these General Terms and Conditions be invalid, ineffective or unenforceable for any reason whatsoever, this shall not affect the validity of the other provisions, in particular those concerning trademark and intellectual property protection.