END-USER LICENSE AGREEMENT
This End-User License Agreement (“Terms”) is an agreement between you (either an individual or a legal entity) and Reynaers Aluminium nv, a company having its offices at Oude Liersebaan 266, 2570 Duffel (Belgium), registered with the Belgian Crossroads Bank for Enterprises under the number 0437.278.077 (“Reynaers”) for the software embedded in the Reynaers connected products (“Software”) and the Reynaers Connectivity Application and Application Programming Interfaces (“App”).
By downloading and installing the App or by making use of the Software, you agree to be bound by the terms and conditions herein. If you agree to these Terms on behalf of your organization, you hereby represent to Reynaers that you are authorized to accept these terms on behalf of your organization.
--
License. Reynaers grants you the following rights, provided that you comply with all terms and conditions in these Terms:
- Reynaers grants you a non-exclusive (so others can also benefit from our services), non-transferable (since you are the end-user), worldwide license (so you can use it anywhere), without rights to sublicense (since you are the end-user), to use the Software and App for operating the Reynaers connected products. You agree that such operation of the Software and App shall only happen in accordance with the permitted uses of the Software as explained in these Terms and the purpose for which the Software and App were designed as set out in the applicable documentation. You are allowed to use the documentation accompanying the Software and App in connection with permitted uses of the Software and App.
-
The Software comes embedded into the Reynaers connected products. You are not allowed to uninstall, remove, overwrite or alter the Software from the Reynaers connected devices without the express permission of Reynaers.
-
You may install, use, access, display and run one copy of the App per device, such as a workstation, mobile phone or tablet (“Device”). The Software may not be used by more than one processor at any one time on any single Device.
Excluded Acts. Except as expressly permitted under these Terms, you will not copy, modify, distribute, sell, or lease any part of the Software or App or reverse engineer or attempt to extract any of the source code unless applicable laws allow you to do so.
You may not reverse engineer, decompile, or disassemble the Software or App by any means whatsoever, or alter, modify, enhance, or create a derivative work of the Software or App. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the software.
Ownership. The Software and App are licensed, and not sold, to you for use only under these Terms. The Software and App are protected by copyright and other intellectual property rights. Reynaers or its suppliers own the title, copyright, and other intellectual property rights in the Software and App. Except as expressly licensed to you herein, Reynaers and its suppliers reserve all right, title and interest in the Software and App, and all associated copyrights, trademarks, and other intellectual property rights therein.
Open-Source Software. Certain items included in the App or Software may be subject to open source or free software licenses (“Open-Source Software”). This Open-Source Software will be owned by third parties and is not subject to these Terms. Instead, each item is licensed under the specific Open-Source Software terms accompanying it. Nothing under these Terms limits your rights under, or grants you rights that extend beyond, the terms and conditions applicable to such items. You can obtain a full list of the Open-Source Software components by sending an e-mail to: smartbuilding.cloud.services.request@reynaers.com .
Duration. These Terms are effective until terminated. Your rights under these Terms will terminate immediately and automatically if you fail to comply with any of the terms and conditions of these Terms.
In addition, please note the App and Software are additional services for the Reynaers connected products and are not a service in and of their own. Reynaers may discontinue the App or Software at any time, or may choose to terminate these Terms at any time (without judicial intervention and without indemnity), providing you with a notice period of thirty (30) calendar days.
Promptly upon termination, whatever the cause, you must cease all use of the Software and App. Reynaers’ termination of these Terms will not limit any of Reynaers’ other rights or remedies.
The previous is without prejudice to your right to stop using the App or Software at any time. However, please be aware that you may have to take additional action if you wish to have your personal data and/or Device Data removed.
Data. You agree that Reynaers, its affiliates and service providers may collect and use technical information gathered during your use of the App or Software, or as part of any support services provided to you, if any (“Device Data”). Device Data relates both to data processed by the use of the App or Software as well as to data that is the result of your use of connected products that you control using the App or Software. In addition, Device Data may also relate to events related to any of the foregoing that are recorded by Reynaers.
To provide you with the services related to the App or Software, Device Data has to be processed continuously and in real-time by Reynaers. In that process, Device Data is generated and stored on servers hosted by a third-party service provider. A full list of the relevant Device Data can be found in Annex I to these Terms.
Without prejudice to any of your rights in relation to the Device Data, you provide us with the necessary rights to host, reproduce, distribute, modify, communicate, and use the Device Data, including without limitation for
-
installing and setting up the Software and App;
-
operating and improving the Software and App, as well as the connected devices;
-
ensuring the safety and security of the Software and App, as well as the connected devices;
-
complying with our legal obligations as well as any legitimate order or request from competent law enforcement or other governmental agencies or bodies;
-
preparing and mounting our defense in legal or similar disputes and proceedings; and
-
developing new technologies and services.
Personal Data. By making use of the Software and App Reynaers will process personal data. The Device Data may include such personal data. We process your personal data in accordance with our Privacy Notice, the latest version of which can be accessed on our website.
Device Data Rights. You have the right to request Reynaers to share Device Data, either with you or a third party of your choice. You may also request from us to have the Device Data removed without undue delay. Such requests can be exercised by sending us an e-mail via smartbuilding.cloud.services.request@reynaers.com. In your request, you will have to provide the serial number of one of your connected devices and your e-mail account that is used to log-in to the App or Software.
Please consider that your rights in regard to the Device Data can be limited in the following instances, or as otherwise permitted under applicable law:
-
to the extent that sharing such Device Data could undermine security requirements of the Products;
-
to the extent that sharing the Device Data could undermine the trade secret protection; or
-
if the end-customer refuses or fails to implement technical and organizational measures contractually agreed, including for the purpose of ensuring confidentiality.
You shall not, and shall not allow any other third party to, use the Device Data to develop a product or service that competes with the services provided by Reynaers.
Porting and switching. The Software and App offered by Reynaers qualify as data processing services, to the extent that part of such services is offered via the cloud. You are allowed to switch to another data processing service offered by a different data processing service provider, or to have your data removed. Such request can be exercised by sending us an e-mail via smartbuilding.cloud.services.request@reynaers.com . In your request you will have to provide the serial number of one of your connected devices and your e-mail account that is used to log-in to the App or Software.
Please consider that your rights in regard to the Device Data can be limited in the following instances, or as otherwise permitted under applicable law:
-
to the extent that sharing such Device Data could undermine security requirements of the Products;
-
to the extent that sharing the Device Data could undermine the trade secret protection; or
-
if the end-customer refuses or fails to implement technical and organizational measures contractually agreed, including for the purpose of ensuring confidentiality.
You shall not, and shall not allow any other third party to, use the Device Data to develop a product or service that competes with the services provided by Reynaers.
Porting and switching. The Software and App offered by Reynaers qualify as data processing services, to the extent that part of such services is offered via the cloud. You are allowed to switch to another data processing service offered by a different data processing service provider, or to have your data removed. Such request can be exercised by sending us an e-mail via smartbuilding.cloud.services.request@reynaers.com . In your request you will have to provide the serial number of one of your connected devices and your e-mail account that is used to log-in to the App or Software.
Reynaers shall reasonably and in good faith assist you in the switching process, acting without undue delay. During the switching process, we shall continue to provide the services via the Software or App, with due care. Furthermore, we will provide you with clear and relevant information enabling you to switch and inform you on any known risks. We shall ensure that the same level of security as that ensured under these Terms is maintained during the switching process.
The data that can be shared with a new data processing service provider is the Device Data mentioned in Annex I to these Terms. The services under the App or Software shall automatically terminate, and we will inform you thereon, when:
-
the switching process is completed, and in any case three (3) months after your request asking to be assisted in the switching process; or
-
two (2) months after a request for deletion of the Device Data.
Please note that the switching process may be subject to specific requirements and technical limitations. These requirements and technical limitations will be assessed by Reynaers on a case-by-case basis and will be communicated to you at the moment you voice your request.
Changes to the Software and App. Reynaers may from time to time develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Software or App. These may be installed without providing any additional notice or receiving additional consent.
These Terms apply to patches, bug fixes, updates, upgrades, and other modifications of the Software or App that Reynaers may provide to you or make available to you after the date you obtain your initial copy of the Software or App. However, please note that Reynaers may also decide to provide other terms along with updates, supplement, or add-on component, deviating from these Terms. Reynaers reserves the right to discontinue any services provided to you or made available to you through the use of the Software or App.
Support and subscription. Reynaers will not provide any support services under these Terms. These Terms do not give you any rights to any updates or upgrades to the Software or App or to any extensions or enhancements to the Software or App developed by Reynaers at any time in the future. Reynaers may offer support services separately. Any supplemental software code or related materials that Reynaers provides to you as part of any support services are to be considered part of the Software or App and are subject to these Terms.
Liability. The proper functioning of the Software and App relies on the transmission of data through third-party devices and service providers, including wi-fi networks, third-party devices (such as smartphones and tablets), third-party software, and/or physical ethernet connections. Reynaers does not have control over and is not responsible for any of those third-party devices and services, compatibility, and/or the proper functioning thereof with the Software or App. Reynaers is not responsible for any charges of those third-party devices and services.
The Software or App may be connected to a network of any kind that may not be secure. This means that it may be hacked or exploited by viruses and/or malware. These vulnerabilities may provide a gateway to malicious actors to abuse the Software, App or connected products. Reynaers does not provide any guarantee that the Software, App or connected products are secure and/or that they do not have, or are not susceptible to vulnerabilities, other than as provided in the technical documentation.
Please be aware that the App and Software are only provided to you on an “as-is” and “as available” basis and that we do not make any warranties, guarantees, or commitments about the App and Software (including regarding the content of the App and Software, specific functionalities of the App and Software, their availability, reliability, or ability to meet your needs).
Without prejudice to the applicable law, Reynaers can never be held responsible for any indirect, consequential, punitive, special, or incidental damages, including but not limited to any loss of opportunity, profits, revenue, turnover or any other financial or commercial losses, whether this loss or damage arises from a breach of contract or duty in tort. Our total liability arising out of or relating to the Smart Services is limited to EUR 50,00.
Indemnification. Reynaers shall have no liability for, and shall not indemnify you against, any infringement claim resulting from
-
any unapproved modification of the Software of App;
-
the combination of the Software and/or App with hardware, software or other intellectual property provided by anyone other than Reynaers;
-
use of a superseded or altered release of some or all of the Software or App or any modification thereof furnished under these Terms including, but not limited to, your failure to use corrections, fixes, or enhancements made available by Reynaers; or
-
use of any Software in any manner not expressly contemplated under these Terms.
External Services. The Software and App may enable or require access to third-party services, products, and/or websites (“External Services”). You agree to use those External Services at your sole risk. Reynaers is not responsible for examining or evaluating the content or accuracy of any External Service and shall not be liable for any such External Service. Reynaers makes no representation or warranties and provides no indemnification of any kind with respect to the any External Service.
In order to enable interactions with External Services, it may be required to exchange Device Data with the relevant third parties. Connections with External Services will only be established by you or at your request.
Please consider that our Software and App may use various open and commonly available standards or means to communicate and work with smart or connected devices that are also similarly used by other products, systems, or services, not manufactured by us. Such products, systems or services that are not designated by us or certified as compatible with the App or Software may not work with the App or Software, even where it is specified that they operate using the same or similar standards or means of communications.
Confidential Information. You acknowledge and agree that the Software and App, as well as all information emanating from the Software and App contain valuable confidential information of Reynaers. You agree that you will not, during or after the term of these Terms, permit the duplication, use, or disclosure of any such confidential information to any person (other than your employees, agents, or representatives), unless such duplication, use or disclosure is specifically authorized by Reynaers in writing prior to any disclosure.
You shall use reasonable diligence, and in no event less than that degree of care that you use in respect to your own confidential information of like nature, to prevent the unauthorized disclosure or reproduction of the confidential information. Without limiting the generality of the foregoing, to the extent that these Terms permit the copying of confidential information, all such copies shall bear the same confidentiality notices, legends, and intellectual property rights designations that appear in the original versions and party shall keep detailed records of the location of all confidential information.
Governing Law and Jurisdiction. These Terms shall exclusively be governed by the laws of Belgium and shall bind executors, administrators, successors, and assignees of the Parties. No effect shall be given to any other choice-of-law or conflict-of-law rules or provisions which would cause the laws of another jurisdiction to apply (Belgian, foreign, or international).
All disputes concerning the validity, interpretation, enforcement, performance, and termination of these Terms shall be submitted to the exclusive jurisdiction of the competent courts of Antwerp (Belgium).
|
Type |
Volume |
Retention |
|---|---|---|
|
User Data
|
Each API call, (i.e., each time the software or app makes a connection with our servers. The API call also servers to communicate the machine data to our servers) |
3 months from logging the data |
|
Machine Data (level 1)
|
Checked every second and synched with the cloud |
5 years from logging the data |
|
Machine Data (level 2)
|
Checked every six (6) hours and synched with the cloud |
5 years from logging the data |
All Device Data is exportable in a CSV-file format.
[1] Calibrated Flag refer to the status where: Motor has been commissioned in order to know: end points, energy consumption profile and its actual position