EULA

End-User License Agreement for Salusfin software, hardware, services, documentation and data

This End-User License Agreement (“EULA”)  is a legal agreement between you (End-user or you) and Salusfin Oy (“Salusfin”) of Finnoonniitynkuja 4, 02270 Espoo, Finland, having business ID of 2543262-7 in the Trade Register of Finland, (“Licensor”, “us” or “we”) for use any software, hardware, firmware, cloud, devices or services of any kind independent of their location or technical form as well as the documentation or data supplied, collected or processed with any of the aforementioned provided by Salusfin (“Salusfin Home Automation”) to you. Anything labelled or marked with Salusfin Home Automation will be part of this EULA, but some parts of Salusfin Home Automation may not carry such label or notification. There may exist an addendum or amendment to this EULA for Salusfin Home Automation.

YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY ACCEPTING IT ON SALUSFIN WEBSITE OR BY INSTALLING, COPYING OR USING ANY PART OF SALUSFIN HOME AUTOMATION, INCLUDING THE HARDWARE YOU MAY HAVE PURCHASED SEPARATELY.

IF YOU DO NOT AGREE, DO NOT INSTALL, COPY OR USE ANY PART OF SALUSFIN HOME AUTOMATION.

IF YOU DO NOT WANT TO GIVE CONSENT TO COLLECTING AND PROCESSING PERSONAL DATA REGARDING YOU OR ANY PERSONS IN THE PREMISES WHERE SALUSFIN HOME AUTOMATION IS INSTALLED IN OR YOU CANNOT OBTAIN CONSENT FOR COLLECTING AND PROCESSING THEIR PERSONAL DATA, DO NOT INSTALL ANY PART OF SALUSFIN HOME AUTOMATION. Salusfin cannot offer the services you may have purchased or subscribed without consent for data collection and processing. Description of personal data collected and processed will be given in this EULA in the separate consent form .

YOUR PURCHASE OR SUBSCRIPTION DOES NOT INCLUDE ANY TITLE, OWNERSHIP OR ANY OTHER RIGHT TO ANY PART OF SALUSFIN HOME AUTOMATION, EVENIF THOSE PARTS ARE NECESSARY FOR OPERATION OF HARDWARE OR OTHER PRODUCTS DELIVERED WITH THE SERVICES. YOU MAY NOT TRANSFER ANY PART OF SALUSFIN HOME AUTOMATION TO A THIRD PARTY.

IF YOU HAVE PURCHASED HARDWARE FOR USE OF SALUSFIN HOME AUTOMATION, YOU HAVE GOT LIMITED TITLE ONLY TO THAT HARDWARE AND YOUR USE OF HARDWARE WILL BE SUBJECT TO THIS EULA. YOUR TITLE TO HARDWARE MAY BE LIMITED BY RIGHTS OF THIRD PARTIES CONNECTED TO THAT HARDWARE.

SALUSFIN RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS EULA.

YOU ARE GRANTED ONLY A LIMITED PERMISSION (LICENSE) TO USE SALUSFIN HOME AUTOMATION ACCORDING TO THIS EU

  1. Acknowledgments

1.1 The terms of this EULA apply to the Salusfin Home Automation or any part of it, including any updates or supplements to any part of it, unless they come with separate terms.

1.2 We may amend this EULA or add content to this EULA at any time in which case the new terms will be available on Salusfin website at address of http://www.salusfin.com . When the new or amended terms have become available on Salusfin website, you will be informed of this through a notification displayed through the Salusfin Home Automation or by other means likely to reach you. It is your responsibility to read the new or amended terms from the Salusfin website and to accept the terms as part of this EULA by a method used in the website. If you do not accept the new or amended terms, you have to immediately cease to use the Salusfin Home Automation and you also have to inform us of your non-acceptance of the new or amended terms by sending us an email to address legal@salusfin.com. If you continue to use Salusfin Home Automation after the notice has been displayed to you or reasonably otherwise brought to your attention, you express your consent to the new or amended terms.

1.3 If any part of Salusfin Home Automation will be used in location any devices not owned by you, it is your responsibility to obtain permission from the own of the devices, hand held or other, to download and use a copy of the application (“App”) for Salusfin Home Automation on the devices, mobile or otherwise.  App is part of Salusfin Home Automation. The App will not be available for all types of mobile phones nor all types of mobile devices, instead the App will be offered to those mobile platforms and operating systems which are mentioned in either package, manual or Salusfin website at the internet address of http://www.salusfin.com .

1.4 Salusfin Home Automation may contain software, services of require usage of websites that are not controlled by Salusfin, but are still essential part of Salusfin Home Automation, such as configuration tools or configuration website. These software, services or website will have their own terms and conditions in addition to this EULA, which you will need to accept to be able to use Salusfin Home Automation.

1.5 The Privacy Policy of Salusfin (“Privacy Policy”) is incorporated into this EULA by this reference and applies to the Salusfin Home Automation. The prevailing Privacy Policy will be available at Salusfin website at the internet address of http://www.salusfin.com .

1.6 The Return and Refund Policy of Salusfin (” Return Policy”) is incorporated into this EULA by this reference and applies to the Salusfin Home Automation. The prevailing Return and Refund Policy of Salusfin will be available at Salusfin website at the internet address of http://www.salusfin.com .

1.7 You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any data or information sent using the Salusfin Home Automation may be read or intercepted by others, even if encrypted.

1.8 We will monitor the use and functioning of Salusfin Home Automation as part of our license monitoring and normal business intelligence gathering. It is important for us to know how our customers use Salusfin Home Automation.

1.9. You agree to pay the fees and taxes connected to the use of Salusfin Home Automation according to prevailing price list of Salusfin, including any additional late fee. if any additional fee, tax or other payment is legally required by a third party, including any authority, for your usage of Salusfin Home Automation, you will be responsible for those fees, taxes or other payments. There will be no refunds for any payment you have made, unless otherwise stated in this EULA.

1.10 You acknowledge that there will be service breaks in Salusfin Home Automation. You accept that you will not get alarms nor will you be able to use Salusfin Home Automation during those service breaks.

1.11 You acknowledge that an internet connection with quality, speed and transmission capability necessary for this service to operate continuously is fully on your responsibility. You acknowledge that it is on your responsibility to have your electric supply and network in quality condition to the able to use the Salusfin Home Automation and to prevent any fault in the equipments.

1.12 Once you start using the service you will be assigned credentials (User ID, password, PIN etc.) with which you will use to identify yourself in the Salusfin Home Automation. You will keep all credentials strictly confidential and you will not give them to anyone else. YOU WILL BE RESPONSIBLE FOR ANY ACTION OR NEGLIGENCE IN USING SALUSFIN HOME AUTOMATION WITH THESE CREDENTIALS.

 

  1. Grant of license

Salusfin grants you the following rights provided that you comply with all terms and conditions of this EULA.

2.1 Salusfin grants you a non-transferable, non-exclusive license to use the Salusfin Home Automation as they are on any moment, subject to these terms and the Privacy Policy, incorporated into this EULA by reference. Salusfin reserves all other rights.

2.2 You may install and use Salusfin Home Automation at premises you have in your control according to instructions given out in the user’s manual by Salusfin and this agreement.

2.3 You agree not to conduct, cause, and consent or permit others to

(1) sublicense, lease, rent, loan, transfer, or distribute the Salusfin Home Automation, or any portion, extract, selection, arrangement, adaptation, compilation, or derivative thereof, to any third party;

(2) make error corrections, modify, adapt, translate, or prepare derivative works from the Salusfin Home Automation;

(3) decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Salusfin Home Automation or reduce the Salusfin Home Automation to human-readable form, or attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats, or programming or interoperability interfaces of Salusfin Home Automation or of any files contained or generated using Salusfin Home Automation by any means without the prior express written consent of Salusfin or a relevant third party licensor;

(4) decrypt data or extract portions of the Salusfin Home Automation’s files for use in other applications,

(5) remove, obscure or alter Salusfin’s’ or any third party’s product names, trademarks or patent, copyright, or other proprietary rights notices, or ownership attribution statements affixed to or contained within or accessed in conjunction with or through the Salusfin Home Automation;

(6) use or permit the Salusfin Home Automation to be used to perform services for third parties, without the express written authorization of Salusfin;

(7) publicly disseminate data, information or analysis from any source relating to the Salusfin Home Automation;

(8) use the Salusfin Home Automation in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or

(9) collect or harvest any information or data from Salusfin Home Automation or our systems or attempt to decipher any transmissions to or from the servers running Salusfin Home Automation.

2.4 You agree to comply with all restrictive measures of the European Union regarding some countries, companies or individuals (sanctions, embargoes and restrictions), all technology control or export laws, regulations or controls that apply to the technology used or supported by the Salusfin Home Automation. Salusfin Home Automation, including technical data, may include parts or software subject to export controls under the U.S. Export Administration Regulations or export control under laws of Finland or any the country of the end user and may be subject to import or export controls in other countries. You agree to strictly comply with all applicable import and export regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, transfer, or import any part of Salusfin Home Automation. You further represent that you are not, and are not acting on behalf of, any municipal, regional, national, or multinational governmental entity, and that you will not transfer any part of Salusfin Home Automation to any municipal, regional, national, or multinational governmental entity.

2.5 SALUSFIN SHALL HAVE UNILATERAL RIGHT IN ITS SOLE DISCRETION TO DENY USE OF AND ACCESS TO ALL OR ANY PART OF THE SALUSFIN HOME AUTOMATION BY YOU OR OTHER USERS WHO ARE DEEMED OR SUSPECTED BY SALUSFIN TO BE USING THE SALUSFIN HOME AUTOMATION IN A MANNER NOT REASONABLY INTENDED BY SALUSFIN OR IN VIOLATION OF LAW OR THIS AGREEMENT, AND TO ANNUL THE LICENSE TO USE THE SALUSFIN HOME AUTOMATION.

  1. Data protection and consent for collecting and processing personal data

3.1 You acknowledge that an important aspect of functionality of the Salusfin Home Automation requires collection of data, and that such data will include personal data as defined in the European Union Data Protection Directive 46-95-EC and in Regulation (EU) 2016/679, relevant national legislation and any amendments thereto.

3.2 You will need to give us a separate consent for collecting and processing personal data, as required by law. Without consent we cannot offer you the Salusfin Home Automation services and your subscription will not work. The consent is attached to this EULA and is an essential a part of it.

  1. Intellectual property rights

4.1 You acknowledge that rights in the Salusfin Home Automation are licensed (not sold) to you, and that you have no rights in or to the Salusfin Home Automation intellectual property rights other than the right to use each of them in accordance with the terms of this EULA.

4.2 You acknowledge that Salusfin or third parties own all right, title, and interest in and to the Salusfin Home Automation and all associated materials and services, except for those parts clearly marked as Open Source Software as referred in this EULA.

4.3 Except for the license granted in this Agreement, all rights in and to the Salusfin Home Automation are reserved, and no implied licenses are granted by Salusfin except for those parts clearly marked as Open Source Software as referred in this EULA. Salusfin retains sole ownership of all copyrights, patents, trade secrets, and other intellectual property rights throughout the world in and to the original and all copies and portions of the Salusfin Home Automation (including any features and associated services) and all associated documentation and product packaging, except for those parts clearly marked as Open Source Software as referred in this EULA. This Agreement governs all updates, upgrades, releases, or enhancements to the Software that may be provided to you.

  1. Disclaimer of Warranties

5.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SALUSFIN HOME AUTOMATION AND ANY THIRD PARTY SOFTWARE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SALUSFIN HOME AUTOMATION ARE PROVIDED “AS IS,” WITH NO WARRANTIES. SALUSFIN AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL EXPRESS, IMPLIED,  STATUTORY OR OTHER WARRANTIES,  INCLUDING,  WITHOUT LIMITATION,  THE WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

5.2 YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR PROPERTY OF ANY KIND UNLESS CAUSED BY GROSS NEGLIGENCE OR DELIBERATE ACTION BY SALUSFIN. SALUSFIN MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE FUNCTIONS CONTAINED IN THE SALUSFIN HOME AUTOMATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SALUSFIN HOME AUTOMATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SALUSFIN HOME AUTOMATION WILL BE CORRECTED.

  1. Limitation of liability and indemnification

UNDER NO CIRCUMSTANCES SHALL SALUSFIN OR ITS AFFILIATES (INCLUDING SUPPLIERS, RESELLERS, OR PARTNERS OR THEIR RESPECTIVE DIRECTORS, EXECUTIVES, EMPLOYEES, SHAREHOLDERS OR CONTRACTORS) BE LIABLE FOR DEATH OR PERSONAL INJURY CAUSED BY OTHER THAT GROSS NEGLIGENCE OR DELIBERATE ACTION, OR ANY INCIDENTAL, SPECIAL, DIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR LOSS OF PROPERTY OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE SALUSFIN HOME AUTOMATION OR ANY NON-FUNCTIONALITY OF SALUSFIN HOME AUTOMATION OR ANY ERROR OF SALUSFIN HOME AUTOMATION OR THIS AGREEMENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, CONTROL OR OTHERWISE) AND EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL SALUSFIN’S, OR IT’S AFFILIATES’, TOTAL LIABILITY TO YOU, FOR ALL DAMAGES EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO SALUSFIN FOR THE SALUSFIN HOME AUTOMATION DURING THE TWELVE MONTHS PRIOR TO THE EVENT WHICH GAVE RISE TO THE DAMAGES IN QUESTION. IF THE SALUSFIN HOME AUTOMATION IS PROVIDED TO YOU WITHOUT CHARGE, THERE SHALL BE NO LIABILITY TO YOU WHATSOEVER. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH. THIS LIMITATION OF LIABILITY FOR PERSONAL INJURY OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, WILL APPLY ONLY TO THE EXTENT PERMITTED UNDER APPLICABLE LAW.

YOU EXPRESSLY AGREE TO INDEMNIFY AND HOLD SALUSFIN OR ITS AFFILIATES AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OR REMEDIES, SUITS, ACTIONS, LIABILITIES AND DAMAGES, WHETHER IN TORT (AND WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF SALUSFIN OR ITS AFFILIATES), IN CONTRACT OR OTHERWISE, INCLUDING COSTS AND EXPENSES AND ATTORNEY’S FEES INCIDENT THERETO, WHICH MAY BE SUFFERED BY, ACCRUED AGAINST, CHARGED TO OR RECOVERABLE FROM SALUSFIN OR ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BY REASON OF:  (1) SALUSFIN’S OR ITS AFFILIATES’  ENFORCEMENT OF THEIR RIGHTS UNDER THIS EULA; (2) INJURY TO OR DEATH OF ANY PERSON OR LOSS OR DAMAGE TO PROPERTY (TANGIBLE OR INTANGIBLE) ARISING FROM (BUT NOT LIMITED TO) USE OF THE SALUSFIN HOME AUTOMATION, OR ANY PRODUCTS OR SERVICES DERIVED THEREFROM.

SALUSFIN HOME AUTOMATION IS NOT DESIGNED FOR USE IN LIFE SUPPORT AND/OR SAFETY EQUIPMENT WHERE MALFUNCTION OF THE PRODUCT CAN RESULT IN PERSONAL INJURY OR DEATH. YOU MUST NOT USE SALUSFIN SERVICES FOR USE IN LIFE SUPPORT AND/OR SAFETY APPLICATIONS.

YOU MUST NOT RELY ON SALUSFIN HOME AUTOMATION ALONE FOR ANYTHING, AND YOU MUST NOT USE IT AS PART OF AUTOMATED DECISION MAKING OR ALARMING OF ANY KIND.

THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE IN THIS AGREEMENT WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE SALUSFIN HOME AUTOMATION, SOFTWARE, UPDATES OR UPGRADES.

  1. Termination

7.1 We may terminate this EULA immediately and permanently by written notice to you:

(a) if you commit a breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or

(b) if you commit a material or persistent breach of this EULA any or any of the license restrictions possibly attached to Salusfin Home Automation;

(c) if you inform us by any means that you do not accept this EULA or any amendments to it or a new EULA given by us regarding Salusfin Home Automation; or

(d) if for any reason and at any phase of your license period of Salusfin Home Automation we at Salusfin or at its affiliates at our discretion come to conclusion that we cannot offer you hardware or service a way which would be satisfactory for you and us.

Salusfin reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Salusfin Home Automation.

7.2 We may terminate this EULA immediately without a written notice to you if you fail to pay for Salusfin Home Automation as invoiced at latest on the due date of the invoice or your prepaid period of using Salusfin Home Automation ends.

7.3 On termination for any reason:

(a) all rights granted to you under this EULA shall cease;

(b) you must immediately cease all activities authorized by this EULA, including your use of any Salusfin Home Automation; and

(c) you must immediately delete or remove all parts of the Salusfin Home Automation from all devices and computers, uninstall devices containing remaining parts of Salusfin Home Automation, and immediately destroy all software copies of the Salusfin Home Automation then in your possession, custody or control and certify to us that you have done so.

7.4 A LICENSE GRANTED IN PILOT PHASE, BETA TESTING OR ANY OTHER DEVELOPMENT OR EVALUATION PERIOD WILL CEASE WITHOUT NOTICE AT THE END OF PILOT PHASE, BETA TESTING OR ANY OTHER DEVELOPMENT OR EVALUATION PERIOD.

  1. Communication between us

8.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by prepaid post to Salusfin at Finnoonniitynkuja 4, 02270 Espoo or by e-mail to legal@salusfin.com. We will confirm receipt of this by contacting you in writing by e-mail or through the services website.

8.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by prepaid post to the address you provide to us in your request for the Salusfin Home Automation.

  1. Other important terms

9.1 We may transfer our rights and obligations under this EULA to another organization, but this will not affect your rights or our obligations under this EULA.

9.2 You may not transfer your rights or obligations under this EULA to another person unless we agree in writing.

9.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

9.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

9.5. Even though this EULA may have been translated into a language other than English, that has been done only for convenience purposes to the user. You acknowledge, that due to several reasons, for example secondary meanings of single expressions, the texts may not be fully identical. In case of conflict, the English language version prevails.

9.6 Please note that this EULA, its subject matter and its formation, are governed by laws of Finland and without regard to the United Nations Convention on Contracts for the International Sale of Goods, and any suit under this Agreement shall exclusively be brought in a court in Espoo, Finland, or in case of intellectual property, at the Market Court in Helsinki, Finland, if appropriate.

10 Special clauses for the App

In addition to what is stated above, the following applies to the App:

The delivery channel of the App will not be a party to this EULA.

The App is licensed, not sold, to You personally for use only under the terms of this license and by these End User License Agreement of Salusfin Home Automation (“EULA”) subject to Your prior acceptance of this agreement and the End User License Agreement of Salusfin Home Automation. Salusfin reserves all rights not expressly granted to You. This license is non-transferable. If you are using this App on a mobile device, you may use this App on any device that you own or control and as permitted by the license of the device or its operating system.

The App will collect and process personal data and possible transfer it to another country (which may not have data protection on level of your country or at all), to which you give your consent by agreeing to this EULA.

Furthermore you agree, that You are responsible for any use of any kind of Salusfin Home Automation through this App. You agree not to give this or any other unit, where the App is installed, to any third party even temporarily, unless You can show with evidence to Salusfin that the App cannot be used by a third party because of relevant protection by a password or otherwise on that unit and that protection has been on the unit and active as long as the App has been installed on the unit.

Salusfin is solely responsible for the App and the content thereof, and will be the sole party responsible for providing any maintenance and support services or addressing any product claims with respect to the App, as specified in this EULA, or as required under applicable law, claims including but not limited to (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

There are no parties except Salusfin having any obligation whatsoever to furnish any maintenance and support services with respect to the App. Salusfin has all the necessary intellectual property rights for this application, and the provider of this App (whether Apple, Google or any other third party) has no responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

You represent and warrant that (i) you are not located in a country that is subject to any kind of a U.S. Government or the European Union embargo, or that has been designated by the U.S. Government or the European Union as a “terrorist supporting” country; and (ii) you are are not listed on any U.S. Government or the European Union list of prohibited or restricted parties.

You acknowledge and agree, that the third party or its subsidiary providing this App on their services (Apple, Google or any third party) are third party beneficiaries of this agreement and the EULA, and that, upon your acceptance of this agreement and the EULA,  the third party or its subsidiary will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.

On our discretion, we may offer advertisements to you through App, which may be targeted geographically or otherwise by third parties. We may share data with advertisers for these purposes. The operating system or other software in your device may send them data from your device which these third parties may use in their advertising.

Salusfin may update or modify this agreement or the App, or terminate usage of the App without any prior notice to you at its will.

You acknowledge that there will be service breaks in Salusfin Home Automation. You accept that you will not get alarms nor will you be able to use Salusfin Home Automation during those service breaks.

NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT SOLELY YOUR RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY IT (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SALUSFIN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SALUSFIN DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SALUSFIN OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SALUSFIN BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, CONTROL OR OTHERWISE) AND EVEN IF SALUSFIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Salusfin’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty euro (50.00 €).

In the event of any failure of the App to conform to any applicable warranty, the end-user may notify the provider of the App (Apple, Google or a third party) and the provider may refund the purchase price for the App to that end-user; and that, to the maximum extent permitted by applicable law, the provider will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be addressed as stated in this agreement and the EULA.

Even though this agreement may have been translated into a language other than English, that has been done only for convenience purposes to the user. You acknowledge, that due to several reasons, for example secondary meanings of single expressions, the texts may not be fully identical. In case of conflict, the English language version prevails.

The laws of Finland, excluding its conflicts of law rules, govern this license and your use of the App. Your use of the App may also be subject to other local, state, national, or international laws.

Except where otherwise specified, the contents of the App are copyright (c) 2014 Salusfin Oy. All rights reserved.

  1. Licenses.

Parts of the software included in Salusfin Home Automation has been developed under the Android Software Development Kit License Agreement, the terms and conditions of which can be found at

https://developer.android.com/sdk/terms.html

These parts will be marked in the Salusfin Home Automation software.

Parts of the software included in Salusfin Home Automation has been developed under the Apache License, Version 2.0 (the “License”); you may not use those parts except in compliance with the License.

You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

For Unless required by applicable law or agreed to in writing, software distributed under the Apache License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the Apache License for the specific language governing permissions and limitations under the Apache License.

Copyright 2014 Salusfin Oy

Salusfin Oy has copyright and all other rights to all work and material, including any modified original and derivative work in Salusfin Home Automation which in original form has been licenced under licenses stated in this section Licenses.

AGREEMENT ON DATA PROTECTION AND YOUR CONSENT FOR COLLECTING AND PROCESSING PERSONAL DATA

1 Salusfin Home Automation requires collection of data, and such data will include personal data. You will need to give us this separate consent for collecting and processing personal data required by law. Without consent we cannot offer you the Salusfin Home Automation services and your subscription will not work. This consent is a part of End-User License Agreement, and you are bound by it by using the Salusfin Home Automation services or hardware devices.

IF YOU DO NOT WANT TO GIVE CONSENT TO COLLECTING AND PROCESSING PERSONAL DATA REGARDING YOU OR ANY PERSONS IN THE PREMISES WHERE SALUSFIN HOME AUTOMATION IS INSTALLED IN OR YOU CANNOT OBTAIN CONSENT FOR COLLECTING AND PROCESSING THEIR PERSONAL DATA, DO NOT INSTALL ANY PART OF SALUSFIN HOME AUTOMATION. Salusfin cannot offer the services you may have purchased or subscribed without consent for data collection and processing and in such a case the non-working of your subscribed service is a choice of yours of which Salusfin is not responsible. Description of personal data collected and processed will be given in this document.

2 By using the Salusfin Home Automation, you consent to us collecting, using, processing, storing and transferring (“Processing”) any data the devices collect or process connected to Salusfin Home Automation, even if any of the aforementioned takes place in another country than where the data originated from and includes one or several cross border transfers into a country, where data protection is not on the level of the country where the data originated from. Salusfin uses third parties to store data for Processing. Naturally, Processing which is necessary for performance of the Salusfin Home Automation for which you have acquired a license to use will take place. You also consent to delivery of data to third parties in a form where you or any person you legally or presumably represent cannot be identified, i.e. where data has been rendered anonymous. Because by nature Salusfin Home Automation collects data to provide you the services, YOU CANNOT USE SALUSFIN HOME AUTOMATION WITHOUT GIVING US CONSENTS AS EXPLAINED IN THIS DOCUMENT.

  1. Purpose for Processing data is to provide you the services of Salusfin Home Automation, and any derivative uses of the data Processed. Processing may also include processing data for statistical or other derived business purposes, and the data may be transferred to a third party for its necessary Processing of data. Personal data will be Processed where it cannot be avoided, for example in connection to surveillance cameras or authorization of tasks through Salusfin Home Automation.

4 Processing may take place on technical equipment and using software which is in control of a third party based on agreements which Salusfin has made with this third party, which may reside in European Economic Area (“EEA”) or in any other country. One data storing party is NorthQ, Bryggervangen 19, 2100 København ,Denmark, which has their facilities in Denmark, but there may be others. You hereby give your consent for transferring and processing your data to and in any country, also outside of EEA, even if that country has not its data protection laws at the level of the EEA

5 Salusfin may deliver anonymized or pseudonomized data to third parties for their services. Data will be anonymized/ pseudonomized by discarding any identifiers and combined with data of other data subjects in such a way that the be anonymized/ pseudonomized data cannot be traced back any (individual) data subject. Such anonymized/ pseudonomized data may be given for example to a housing company for use of heating or electricity consumption statistics of the building, and as stated, this information will be delivered in such a form that it cannot be traced back to individual flats nor persons residing in the building. Data which cannot be rendered unidentifiable, such as video or images from cameras, will not be given to third party for their services, but may be stored by a third parties (as Salusfin uses third party services for storing data in Salusfin Home Automation services) who will be bound by agreements safeguarding strict confidentiality.

6 Salusfin Home Automation collects technical and personal data by various detectors and devices.

The following data will be collected and processed: Basic data and subscription information (e.g. first name, last name, mobile number etc.),Address data (e.g. postal code, email address),Social networking related data (e.g. metadata of pictures uploaded, site activity information), Location data (e.g. GPS coordinates or mobile networking positioning information),Identifiers (e.g. IMEI, device identifiers (Google ID and Device ID), IP address), Information on how individual users are accessing the system (log files), Video and images from surveillance cameras and possibly other data as Salusfin Home Automation is developed further for the benefit of the user.

As the technology is constantly developed and new detectors and devices are added, combined or left out of services, Salusfin cannot give you a full list of data collection devices and methods they use. As an example only, we may use Gateways, IP Cameras (live stream and recordings), Motion detectors, Smoke detectors, Magnetic switches, Wall plugs, Sirens, Smoke or CO detect

Some components will gather data through multiple sensors. There may be more components with more technical methods of data collection added to the Salusfin Home Automation as it will be developed further for the benefit of you, the user.

Additionally technical and device identification data from computers, hand-held devices and other equipment used to connect to services will be collected and Processed, according to what the equipment and its software record and send to recipient at the time of usage. As an example of this the internet browsers or other software installed on any computer send data to recipient about computer and environment of it, and hand held devices may send other data to the data recipient, etc. Collection and Processing of device identification data is necessary for the correct and protected operation of Salusfin Home Automation.

A full listing of methods collecting your personal data will be based on your subscription, and the methods and data by subscription can be seen in your subscription details. If you need more detailed information about data collected and Processed, this  can be acquired from the data protection officer of Salusfin by writing to legal@salusfin.com  or addressing a letter to Data Protection Officer to Salusfin mail address below in this document or obtainable from contact information on Salusfin website http://salusfin.com .

6 You agree to notify any person by clearly visible or otherwise appropriate means before they arrive to the premises, that their personal data may be part of Processing by Salusfin Home Automation from the premises you control (for example with a camera sign and reference to Salusfin Home Automation in that sign, where appropriate). You acknowledge that also other information besides video and images are legally regarded as personal data. Due to nature of Salusfin Home Automation, any person arriving to premises where Salusfin Home Automation is in use will be presumed as a having given their consent for Processing data by arrival. It is on your responsibility to install and use Salusfin Home Automation in legally acceptable manner and to ensure that the persons whose personal data will be Processed have given their consent to Processing.

7 You further acknowledge that we are reliant on you for direction as to the extent to which we are entitled to use and Process the third party personal data collected via the Salusfin Home Automation. You therefore confirm that unless you notify us in writing to the contrary at legal@salusfin.com, you have obtained the specific consent of all third party data subjects to the processing of their personal data in connection with the operation of the Salusfin Home AutomationYou have obligation to be able to demonstrate and provide evidence to Salusfin at request that any person whose data has been Processed has consented to Processing, as required in the Article 7 of the Regulation (EU) 2016/679. Neglect of this may have legal consequences to you.

Salusfin Home Automation services. Salusfin as listing of data concerning you or a person you legally represent. Inquiries regarding this should be addressed to Data Protection Officer in writing to address of legal@salusfin.com .

Salusfin rectification of any errors orSalusfin writing to legal@salusfin.com that you wish to remove your consent. If you have your residence in  the EU, you also have a right to lodge a complaint with a supervisory authority in the member state of your residence, if you see it necessary.

10 For avoidance of doubt, we agree to comply with the Data Protection Act 1999 in Finland, which is based on the European Union Data Protection Directive 46-95-EC until May 24, 2017 and from May 25, 2017 onward the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, when processing personal data in connection with the operation of the Salusfin Home Automation. You can obtain more detailed information regarding Processing and how to use your legal rights as data subject by contacting us at legal@salusfin.com

11 You acknowledge, that the data collected and Processed will at the time of collection become property of Salusfin, which has full and exclusive title to data.

12 This Agreement On Data Protection And Your Consent For Collecting And Processing Personal Data is part of Salusfin Home Automation End User License Agreement. All references undefined here (words starting with capital letters) are to the Salusfin Home Automation End User License Agreement.

13 The mail address of Salusfin is

Salusfin Oy

Finnoonniitynkuja 4

02270 Espoo

Finland

Any inquires regarding data protection may be also acquired through email address legal@salusfin.com .