User Terms and Privacy Notice For Yale Smart Products

PLEASE READ THESE USER TERMS CAREFULLY.

You must be the legal age of majority or over in the country where you live to download the App and accept these User Terms. If you are under the age of majority, you must have your parent or guardian's permission to use the App and your parent or guardian must accept these User Terms.

BY CLICKING "I AGREE" (OR EQUIVALENT PROMPT) ON THE APP, WEBSITE OR APPLICABLE PLATFORM WHERE THE APP IS ACCESSED, YOU CONFIRM YOU HAVE READ AND UNDERSTOOD AND EXPRESSLY AGREE TO BE BOUND BY THESE USER TERMS. IF YOU DO NOT AGREE TO THESE USER TERMS, DO NOT CLICK "I AGREE" (OR EQUIVALENT PROMPT) AND DO NOT USE THE APP.

If you do not agree to these User Terms you may return the Yale product(s) to be used with the App ("Product") (in its original, unused condition) within thirty (30) days after the date of purchase (or during the returns period offered by the retailer from whom you bought it, whichever is longer) for a refund. Please contact us to arrange the return. In that case, you should also stop using and uninstall the App. This applies in addition to any other rights you have to return the Product under your local law or as set out in the terms and conditions of the retailer from whom you bought it.

• Who we are and what these User Terms do
• Your privacy
• Additional terms
• How you may use the App and the Services
• What you will need to operate your Product using the App
• Creating and using an Account and keeping your Product and Account secure
• Your responsibilities when you invite others to access and use your Product
• Important information about using your Product with other products and services
• We are not responsible for other websites you link to
• Support for the App and how we can contact each other
• Changes to these User Terms and the Services
• Updates to the App and the Licensed Software
• If someone else owns the phone or device you are using
• Licence restrictions
• Acceptable use restrictions
• Intellectual property rights
• Our responsibility for losses or damage suffered by you
• We may end your rights to use the App and the Services if you break these User Terms
• Other important terms

We, Security & Risk Communications Limited (trading as Yale and forming part of the ASSA ABLOY Group of companies), registration number 417550, of Parkway Business Centre, Ballymount, Dublin 24 (contact details available at https://www.yalehome.com/support) license you to use:

• The software that is provided in the form of pre-installed, embedded software on any of the Products used with the App ("Licensed Software") and the services and content we provide to you through it (all together, the "Services");
• The Yale Home mobile application software and any updates or supplements to it ("App"); and
• The related instructions provided by us at the time of purchase and via the App ("Instructions")

as permitted in these User Terms and under applicable law.

We value your privacy. Under data protection legislation, we are required to provide you with certain information including who we are and how we process your personal data collected in connection with your use of your Product, the Services and the App. This information is provided in the Yale Smart Products Privacy Notice (https://www.yalehome.com/global/en/privacy-and-legal-center/user-terms-and-privacy-notice-for-yale-smart-products), and it is important that you also read that information.

You must follow the Instructions for use of your Product, the Services and the App, so please also read these carefully. You can also find other important documents here: Privacy and Legal Center https://www.yalehome.com/global/en/privacy-and-legal-center 

The Licensed Software may contain or be distributed with open-source software which may be covered by a different licence, as set out here. You agree that all open-source software will be subject to the terms and conditions of that licence, and you will be responsible for complying with such terms. 

The ways in which you can use the App and Instructions may also be subject to the rules and policies of the app store from which you downloaded the App. Such rules and policies will apply instead of these User Terms where there are differences between the two.

In return for agreeing to comply with these User Terms you may, only for your personal purposes and in accordance with the Instructions:

• download and run the Licensed Software on a Product or Products that you own or control;
• download a copy of the App onto your mobile or handheld devices and view, use and display the App on such devices;
• use the Instructions to support your permitted use of the App and the Services;
• provided you comply with the Licence restrictions, make a copy of the App and the Instructions for back-up purposes; and
• receive and use any free supplementary software code or update of the App and Licensed Software incorporating "patches" and corrections of errors as we may provide to you.

In order to operate your Product, you must have:

• a working cellular data connection on a supported mobile  or handheld device with the App installed. Please see here for details of which devices are compatible;
• a valid Account as described below Creating and using an Account and keeping your Product and Account secure;
• a working mobile phone number and email address, including to enable you to set up and maintain your Account and to allow us to check your identity when logging in or taking certain actions; and accepted these User Terms.

Certain Products used with the App also require a Wi-Fi network connection with an always-on broadband internet connection and that is positioned to communicate reliably with your Product. It is your responsibility to ensure that you have all required system elements and that they are compatible, up-to-date and properly configured.

We strongly recommend that you do not use the App on a mobile device that has a "jail broken" or "rooted" operating system, as this can potentially allow other applications to circumvent security features on your device. Any use of such devices is at your own risk and we will not be liable for any loss of functionality due to using this type of operating system.

Your Product may not work as described if the above requirements have not been met.

You are responsible for all charges and fees payable to your product and service providers, including internet service providers and mobile device carriers, and for complying with their terms of use/service and other policies.

If defective digital content that we have supplied damages a device or digital content belonging to you, to the extent allowed by applicable law we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge within a reasonable time after we have informed you of the update, or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us, provided that you failing to (correctly) install an update was not caused by us providing defective installation instructions.

After downloading the App, you must create an account with us in order to operate your Product and to access the App and Services ("Account"). You must keep your Account information accurate and up-to-date at all times.

Without affecting any of the rights you have under applicable law:

• All use of your Product, the Services and the App through your Account, by you or others, is your responsibility.
• You are responsible for maintaining the security of your Product, Services, App and Account, and you must take reasonable steps to protect your Account information and access to the App. This includes through using strong passwords (e.g. that contain upper and lower case letters, numbers and symbols) and maintaining the confidentiality of the login name and password that you create for your Account.

You must notify us as soon as possible of any unauthorised use of your Account, login information or password, and you should immediately change your password to prevent further unauthorised use.

In cases where our Customer Support team requires access to your Product, you could be prompted to temporarily change your password. Please ensure you immediately change the password back after the issue requiring support has been resolved in order to protect the security of your Product.

As owner or controller of your Product you may authorise others to use the Product and Services, such as family members, guests or service providers like gardeners, house cleaners and/or others ("Invitees"). Please be careful to only invite those you trust to be an Invitee because you are giving them the ability to access and operate your Product. You are responsible for all use of your Product by an Invitee and any damages that they may cause.

These User Terms (including our Privacy Notice (https://www.yalehome.com/global/en/privacy-and-legal-center/user-terms-and-privacy-notice-for-yale-smart-products)) apply to all use of your Product by Invitees. We may share your and your Invitees' information with our partners to facilitate operation of the Product. In addition, Invitees should be aware that you may see information about their use of and access to the Product and that you may revoke or limit their access rights in your discretion without notice to them. For more details, including information on processing of your personal data, please see our Privacy Notice (https://www.yalehome.com/global/en/privacy-and-legal-center/user-terms-and-privacy-notice-for-yale-smart-products).

Invitees: If you do not want to access the Product or do not want your information to be used or shared, please decline the invitation and do not use the Product or App.

The Product, Services and App may be used in connection with other products and services, and may contain links and interfaces to, as well as content and data from, third-party websites, products and services ("Other Services").

Your decision to use such Other Services means that you will have to comply with separate terms and conditions provided by the providers of such Other Services. You should review and ensure you agree with the terms of use and privacy policies of such Other Services before using them. If you do not agree with those terms of use and privacy policies, it is your decision as to whether you wish to use the Other Services or not.

By accessing or using these Other Services, you are agreeing to the creation of an interface between your Product and such Other Services. You are also agreeing that for the purposes of creating such interface and enabling the functionality of these Other Services, we may exchange information with the Other Services regarding you, your Invitees and Products, and your use of the Products, Services and App, including your and your Invitees' personal data. Please also see our Privacy Notice (https://www.yalehome.com/global/en/privacy-and-legal-center/user-terms-and-privacy-notice-for-yale-smart-products) for more information. Once you and your Invitees' personal data is shared with the Other Services, its use will be governed by the third party's privacy policy and not by our Privacy Notice.

We do not exercise any control over such Other Services. We do not endorse the materials contained on Other Services, and are not responsible for and make no guarantees about the performance or safety of any Other Services.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so (such as for gross negligence or our wilful misconduct). Subject to this, and to the maximum extent allowed by applicable law, we are not responsible for:

• your use of any Other Services, or
• any personal injury, death, property damage (including to your home) or other harm or losses arising from or relating to your use of any Other Services.

In addition, the App or Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy or use any products or services offered by them.

Support. If you want to learn more about your Product, Services or the App, or you have any problems using any of them, please take a look at our support resources at https://www.yalehome.com/support.

Contacting us (including with complaints). If you think the App or Services are faulty or misdescribed or wish to contact us for any other reason please contact Customer Support using the contact details available at https://www.yalehome.com/support.

If there is a problem with your Product, we recommend contacting the retailer from whom you bought it in the first instance as they are likely to be best able to help you. You should also check the terms and conditions of sale under which you bought your Product.

How we will communicate with you. If we have to contact you we will do so by email or SMS, using the contact details you provided to us when creating your Account (or as subsequently updated by you), or via the App and/or your Account. Please ensure we have your correct email address and mobile number so we can send you notifications and other Account-related communications.

We may need to change these User Terms and the Services to reflect changes in law or best practice, because of changes or restrictions caused by third parties who we rely on to provide the App or the Services, or to deal with additional features or new products which we introduce.

We will give you at least thirty (30) days' notice of any changes by sending you an email with details of the change and/or notifying you of a change via your Account. When giving you notice of the changes, we will tell you what you can do if you do not accept the changes, including how to exercise your right to end this agreement between us for use of the App and Services.

From time to time we may automatically update the App and/or the Licensed Software (and/or other Services) to improve performance, enhance functionality, maintain the conformity of the Services or App, reflect changes to the operating system or address security issues. Alternatively we may ask you to update them for these reasons.

If you choose not to install such updates or if you opt out of automatic updates, this may expose you to security risks, limit the functionality of your Product, the Services or the App, or prevent you from using them altogether. The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and the App and Licensed Software will always match the description provided to you when you obtained them.

Before we apply an update, we will tell you why the update is needed and when the update will be applied. For example, when you choose to accept an update through the relevant App store, details of what the update is for will be set out for you to read. If your use of or access to the App and/or the Licensed Software is negatively affected by the update and you have correctly followed the instructions, please contact us using the details at Who we are and what these User Terms do.

These User Terms will apply to any future release, update or other addition to functionality of the App or Licensed Software, unless we expressly state otherwise.

If you download the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these User Terms, whether or not you own the phone or other device.

Without affecting any of the rights you have under applicable law, you agree that you will:

• not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form (except by downloading the App onto any phone or other device not owned by you, as set out above), in whole or in part to any person without prior written consent from us;
• not copy the App, Instructions or Licensed Software, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Instructions or Licensed Software nor permit the App or the Licensed Software or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices and the Licensed Software on your Product as permitted in these
• User Terms;
• not disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the App or the Licensed Software nor attempt to do any such things, except and only to the extent as required to be permitted by law;
• not attempt to probe, scan or test the vulnerability of the Product, Services or any software, system or network, or breach any security or authentication measures;
• not avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us, any of our service providers or any other third party (including another user) to protect the Services or any Product;
• not use or access the Services for benchmarking or competitive analysis, or in order to build a similar or competitive product or service;
• not let anyone tamper with your Product in a way that may impact the functionality or security of your Product or the Services; and
  comply with all applicable laws including building codes and regulations, and technology control or export laws and regulations that apply to the technology used or supported by the App or the Services.

You must not:

• use the App or Services in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these User Terms, to invade anyone's privacy or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses or harmful data, into the App, any Licensed Software or any operating system;
• infringe our intellectual property rights or those of any third party in relation to your use of the App or Services (to the extent that such use is not licensed by these User Terms);
• transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or Services;
• use the App or Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users or their use of our products and services; and
• collect or harvest any information or data from the Licensed Software or our systems or attempt to decipher any transmissions to or from the servers running the Licensed Software.

All intellectual property rights in the App, the Instructions and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Licensed Software are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Instructions or the Services other than the right to use them in accordance with these User Terms.

To the extent allowed by applicable law:

• You are solely responsible for all content that you upload or otherwise contribute in any manner to the App or Services, such as photos and videos of yourself or your property. You confirm that you have all rights necessary to do so, in the manner in which you contribute it.
• You grant to us, for the period of time allowed by law, a non-exclusive, royalty-free, worldwide, sub-licensable, transferable licence to such content for storing, hosting, use and publication on the App or Services in accordance with these User Terms

We appreciate it when users send us feedback, but please only provide feedback, comments, or suggestions that you agree we may use without limitation. To the extent that you are allowed to do so by applicable law, you grant us an unrestricted, transferable licence to use any feedback, comments or suggestions that you provide.

Losses and damage we are not responsible for. Provided that we have acted with professional diligence, and to the extent allowed by applicable law, we do not take responsibility to you for losses or damage unless they are:

• caused by our failure to comply with these User Terms, our gross negligence or our wilful misconduct, or
• reasonably foreseeable at the time you accepted these User Terms.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so and nothing in these User Terms affects any legal rights which you always have as a consumer or you cannot contractually agree to alter or give up.

We are not liable for business losses. The Product, the Services and the App are for domestic and private use. If you use the Product, the Services or the App for any commercial, business or resale purpose, to the extent the law permits, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

We are not responsible for events outside our reasonable control. Our aim is to make the App and the Services highly reliable and available; however, they may not be available all the time. The App and the Services are subject to sporadic interruptions and failures for a variety of reasons beyond our control, including your Wi-Fi and mobile network failures and coverage limitations, service provider uptime and acts of God. They also rely on or interoperate with a number of third-party products and services, including third-party service providers that we use for networking and storage, as well as Other Services to which you may choose to connect your product as described under Important information about using your Product with other products and services above. These third-party products and services are beyond our control, but their operation may impact the use and reliability of the App and the Services, including by causing the failure or delay of the App and the Services to reflect current status or notifications. 

To the extent allowed by law, we are not responsible for losses or damage caused by events beyond our reasonable control, including losses or damage caused by any such third-party products and services (including Other Services).

Other Limitations to the App and the Services. In addition, the App and the Services are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Services. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up-to-date.

Please back-up content and data used with the App and the Services. We recommend that you back up any content and data used in connection with the App and the Services, to protect yourself in case of problems with the App or the Services.

Check that the Product, Services and App are suitable for you. The Product, Services and App have not been developed to meet your individual requirements. Please check that their facilities and functions (as described on the app store site and in the Instructions) meet your requirements. Further, your Product, the Services, the App and these User Terms are only designed and intended for use in certain countries. We cannot take responsibility for any use of the Product, Services or App outside the country from where you bought your Product.

We may end your rights to use the App and the Services at any time by contacting you if you have broken these User Terms in a serious way, such as repeatedly or consistently doing any of the things we have instructed you not to do in the Licence Restrictions or the Acceptable Use Restrictions. We will tell you how you have broken these User Terms and if what you have done can be put right, we will give you a reasonable opportunity to do so, and we may suspend your access to the App and the Services during this time.

If we end your rights to use the App and the Services:

• You must stop all activities authorised by these User Terms, including your use of the App and the Services (and, if your Product cannot be used without them, your use of your Product); and
• You must delete or remove the App from all devices in your possession.

When you may transfer the App and the Licensed Software to someone else

We are giving you personally the right to use the App and the Licensed Software as set out under "HOW YOU MAY USE THE APP AND THE SERVICES”.

You may transfer all of your licence rights to the Licensed Software to another person in connection with you transferring ownership of your Product (including the Licensed Software embedded in it), provided the person receiving the Product agrees to these User Terms. If they do not, the transfer will be null and void.

If you do transfer your Product to a new owner, please note that your Account is not transferable, and the new owner will have to register for a separate account in order to use the Product.

Except as described above, you may not otherwise transfer the App or the Licensed Software to anyone else. If you sell any device on which the App is installed, you must remove the App from it.

We may transfer these User Terms to someone else. We may transfer our rights and obligations under these User Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these User Terms. We will tell you about the transfer and, if you wish to do so, you will be entitled to end this agreement between us for use of the App and Services, but please note that this will prevent you from using your Product.

Even if we delay in enforcing these User Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these User Terms, or if we delay in taking steps against you in respect of you breaking these User Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date, provided that we are allowed to do so under applicable law.

If a court finds part of these User Terms illegal, the rest will continue in force. Each of the paragraphs of these User Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

No rights for third parties. These User Terms do not give rise to any other person to enforce any term of these User Terms.

Which laws apply to these User Terms and where you may bring legal proceedings. These User Terms are governed by the laws of the country where you live and you can bring legal proceedings in the courts of the country where you live.

If you have a problem, we encourage you to contact Customer Support in the first instance using the contact details available at https://www.yalehome.com/support. Depending where you live, you may also be able to resolve your complaint via a local consumer dispute resolution mechanism. Please visit https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint_en for more information.

Additionally, if you live in the European Economic Area, the European Commission provides a website for online dispute resolution, dedicated to helping consumers and traders resolve their disputes out-of-court, available at http://ec.europa.eu/consumers/odr/.

Version 1.0 May 2023