Société par actions simplifiée with a share capital of €12,575, registered at the Paris trade register (RCS Paris), under the number 817 860 083 RCS, having its registered office at 9, Rue d’Enghien – 75010 Paris
1. WHAT THE CONTRACT COVERS
2. SERVICE ACCOUNT, PASSWORD, AND SECURITY
You may be required to create a separate account for your use of the service, your (“Service Account.”) You agree to keep all of your passwords and accounts secret. Furthermore, you are entirely responsible for any and all activities that occur under your Service Account. Only you may use your service account. Elum will not be liable for any loss that you may incur as a result of someone else using your passwords or accounts, either with or without your knowledge. However, you will be held liable for losses incurred by Elum or another party due to someone else using your accounts or passwords. You may not use anyone else’s Service Account at any time without the permission of the Service Account holder.
3. WHEN YOU MAY USE THE SERVICE
You may start using the service as soon as you have finished the installation or sign-up process. No withdrawal right or other “cooling off” period applies to the service and you waive any applicable “cooling off” period, except if the law requires a “cooling off” period despite your waiver and even when a service starts right away.
4. HOW YOU MAY USE THE SERVICE
In using the service, you will:
o obey any applicable laws and regulations;
o obey any codes of conduct or other notices we provide; and
o promptly notify us if you learn of any unauthorized use of any of your accounts or any security breach related to the service.
5. CODE OF CONDUCT
In using the service, you may not:
o engage in, plan, facilitate or further unlawful conduct;
o use the service in a way that harms us or, affiliates, resellers, distributors and/or vendors, or any customer of ours or our affiliates, resellers, distributors and/or vendors;
o use any unauthorized third party software or service to access any Elum web site, systems providing services or equipment;
o use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by Elum, or “meta-searching”);
o use any unauthorized means to copy, store, archive, create a database of results from, modify or reroute, or attempt to modify or reroute, the service;
o damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone’s use and enjoyment of the service; or
o resell or redistribute the service, or any part of the software and service. Further, you will not upload, post, transmit, transfer, distribute or facilitate distribution of any content (including text, images, sound, video, data, information or software) or otherwise use the service in a way that:
o provide or creates links to external sites that violate these terms.
o include content that is protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
o intent to harm or exploit minors in any way.
o designed to solicit, or collect personally identifiable information of any minor (as defined in your jurisdiction), including, but not limited to: name, email address, home address, phone number, or the name of their school.
o invade anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their knowledge and willing consent.
o threaten, stalk, defame, defraud, degrade, victimize or intimidate an individual or group of individuals for any reason; including on the basis of age, gender, disability, ethnicity, sexual orientation, race or religion; or incites or encourages anyone else to do so.
o harm or disrupt, or intends to harm or disrupt, another user’s computer or would allow you or others to illegally access software or bypass security on the public electric power grid, Web sites, or servers, including but not limited to spamming.
o attempt to impersonate a Elum employee, agent, manager, host, administrator, moderator, another user or any other person through any means.
o promote or otherwise facilitates the purchase and sale of ammunition or firearms.
o contain or could be considered ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, ‘affiliate marketing’ or unsolicited commercial advertisement.
o mischaracterizes content you post or upload or contains the same or similar content to other content you have already posted.
o attempts to manipulate the services, including ranking and reputation systems in the services, by violating any of the provisions of these terms, colluding with others on voting or using multiple profiles.
You will not use any form of automated device or computer program that enables the submission of postings without the express written consent of Elum SAS.
Elum reserves the right, at its sole discretion, and without any obligation to do so, to review and remove user-created services and content at will and without notice, and delete content and accounts. Elum reserves the right, at its sole discretion, to ban participants or terminate access to services.
We encourage you to not share information that others could use to harm you. Elum is not responsible for the content of any user-created posting, listing or message. The decision to view content or engage with others is yours. We advise you to use your judgment.
You are responsible for protecting your computer against interference, spyware or viruses that may be encountered for downloaded items from the service. We recommend you install a virus protection program on your computer and keep it up to date.
If you provide feedback to Elum, you give to Elum, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Elum software or service that includes the feedback. You will not give feedback that is subject to a license that requires Elum to grant any rights or make any payments to third parties because the feedback was incorporated into our software, documentation or other products. These rights survive this agreement.
In order to operate and provide our services, we collect certain information about you. We use and protect that information as described in the Elum Online Privacy Statement, http://www.Elum.com/privacy.In particular, we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Elum or our customers, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Elum employees, customers or the public. Personal information collected through our services may be stored and processed in the France or any other country in which Elum or its affiliates, subsidiaries or service providers maintain facilities. By using a service, you consent to any such transfer of information outside of your country.
If you receive software from us as part of the service, your use of that software is under the terms of the license that is presented to you for acceptance for that software. If there is no license presented to you, or unless otherwise stated in this contract, then we grant you the right to use the software only for the authorized use of the service on that number of devices stated in your service offer. We reserve all other rights to the software. You will not disassemble, decompile, reverse engineer, or work around any technical limitations in any software included in the service, except and only to the extent that the law expressly permits this activity. Unless we notify you otherwise, your license to use the software will end on the date your service ends, and you must promptly uninstall the software. We may disable the software after the date the service ends.The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
At Elum’ request, you will defend, hold harmless, and indemnify Elum and its directors, officers, employees, agents, subsidiaries, affiliates and each of their successors from and against all third-party claims, actions, demands, proceedings, damages, costs and liabilities of any kind (collectively, “Claims”) to the extent that the Claims arise out of or relate your use of the service, your materials, your violation of laws or applicable regulations in the use of the service, or your breach of your warranties or obligations under these terms.
10. WE MAKE NO WARRANTY
We provide the service “as-is,” “with all faults” and “as available.” We do not guarantee the accuracy or timeliness of information available from the service. We and our affiliates, resellers, distributors and vendors (collectively, the “Elum parties”) give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
11. LIABILITY LIMITATION
Not all features of the service are available to all users in all regions. We accept no liability for energy usage data provided to you by the service, including, but not limited to, the accuracy, latency, granularity or availability of the energy usage data. Further, we are not responsible for any recommendations that the service may give to you, any actions you take as a result of recommendations that we give to you, or any costs incurred or associated with any actions you take as a result of any recommendations we give you. Finally, we are not liable, under any circumstances, for your energy bill or any fluctuations in the amount of your energy bill. You can recover from the Elum parties only direct damages up to an amount equal to your service fee for one month. You cannot recover any other damages that arise from the use of the software or service, including consequential, lost profits, special, indirect, incidental or punitive damages. This limitation applies to anything related to:
• the service,
• content (including code) on third party Internet sites, third party programs or third party conduct,
• the loss of any portion, or the entirety, of your data or electric service
• viruses or other disabling features that affect your access to or use of the service,
• incompatibility between the service and other services, software and hardware,
• delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.
It also applies even if:
o this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
o Elum knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.
We may offer support for the service. Please see the product specific supplemental service agreement or the other materials we publish in connection with a particular service for more information.
13. THIRD PARTY PRODUCTS AND SERVICES
The service may enable you to connect to and make use of certain third-party products and services, content, and sites not within Elum’ control. You agree that your use of such third-party products, services and sites is at your own risk, and that the use of such third-party products, services or sites is subject to applicable licenses, privacy policies and terms of service between you and the third party. We are in no way responsible for any third party products, sites, applications, software or content made available on or through the service. Provision of third party products, services, content, or sites does not imply Elum endorsement thereof.
14. CHANGES TO THE SERVICE; CANCELLATION OF THE SERVICE
We may change the service or delete features at any time and for any reason. We may cancel or suspend your use of the service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops right away.
Upon termination or cancellation of the service by you or us for any reason, Elum may delete your data permanently from our servers. You are responsible for taking all necessary steps to back up your data and ensuring that you maintain your primary means of business. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later. Note that the specific detailed measurements of electricity and associated analysis or data surrounding them remain the property of Elum, Inc.
16. ACCOUNT AND DATA STORAGE
Your profile and related data feeds from your energy provider(s) are specific to a given physical address and a given utility meter or account. If you move to another address, you may be required to set up a new profile and establish new data feeds (if available in your new area).
17. ADDITIONAL DATA USE
The data collected will be used anonymously and in aggregate for a variety of purposes. For instance, we will use this data and feedback from the users to refine and improve the accuracy and relevancy of recommendations, estimated savings, and calculating local and national averages. Anonymous aggregated data may also be provided to utilities or regulatory bodies to help improve or measure the effectiveness of various conservation programs. Personally identifiable information on your energy usage or home profile is not shared with others without your consent. Please refer to the Elum Online Privacy Statement at http://www.Elum.com/privacy and to this TOU.
18. HOW WE MAY CHANGE THIS CONTRACT
We may change this TOU in our discretion by posting new applicable terms and conditions. If you do not agree to the changes, then you must stop using the service. If you do not stop using the service, then your use of the service will continue under the changed TOU.
19. INTERPRETING THE CONTRACT
All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.
We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.
21. NO THIRD PARTY BENEFICIARIES
This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.
22. CLAIMS MUST BE FILED WITHIN ONE YEAR
Any claim related to this contract or the service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed in time, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.
We may provide notices to you through posting them on our primary website or by e-mailing your primary account email. This contract is in electronic form. We have promised to send you certain information in connection with the service and have the right to send you certain additional information. There may be other information regarding the service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service. We may provide required information to you:
o by e-mail at the e-mail address you specified when you signed up for your service;
o by access to a Elum web site that will be designated in an e-mail notice sent to you at the time the information is available; or
o by access to a Elum web site that will be generally designated in advance for this purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the service.
24. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
25. COPYRIGHT AND TRADEMARK NOTICES
All contents of the service are Copyright (c) 2018 Elum SAS and/or its suppliers, 9, Rue d’Enghien, 75010 Paris, France All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service.