The company SOMFY ACTIVITES SAS, with a capital of 35,000,000 euros and head office located at 50, avenue du Nouveau Monde, 74300 Cluses, registered on the Annecy trade and companies register under number 303 970 230, declares that it is the publisher and owner of this mobile application.
Intra-community VAT number: FR 25 303 970 230
Phone: 04 50 96 70 60.
The Director of Publication of this application is the Director of the Exterior BusinessLine.
E-mail: somfysolarapp@somfy.com
This application is hosted on the Apple App Store (https://www.apple.com/fr/ios/app-store/) and the Google Play Store (https://play.google.com/store).
This application and all associated content, regardless of its nature (brands, photos, animations, pictograms, etc.), are protected by copyright and associated French, European and international law.
SOMFY ACTIVITES owns and/or holds the licences and authorisations to benefit from the intellectual property rights relating to the application, the embedded software, its documentation and its content.
Any reproduction and/or distribution of the application, its documentation and/or the embedded software, either in part or in full, by any means and on any media whatsoever without the prior written agreement of SOMFY ACTIVITES SAS or other rights holders is strictly prohibited.
The SOMFY brand as well as all brands, either figurative or not, and more generally speaking any other brands, images, illustrations and logos indicated on the present application, regardless of whether they are registered are not, are and will remain the exclusive property of SOMFY ACTIVITES SA or its affiliates around the world or are reproduced with the consent of their owners. In particular, the following brands and logos are the property of the MINES ParisTech :
Any reproduction, either in part or in full, modification or use of the brands, images, names and logos, for whatever reason and on whatever medium whatsoever, without the express prior agreement of SOMFY ACTIVITES SA or any third parties who own the brand is strictly prohibited.
Data and content provided by third parties:
- “MERRA-2” meteorological reanalysis data provided by NASA (https://gmao.gsfc.nasa.gov/reanalysis/MERRA-2/),
- “SkyDetect” image processing library provided by the OIE centre shared by MINES ParisTech and ARMINES.
The free software used in the application and their user licence are listed below:
o “OpenCV” library (https://opencv.org/license.html),
o “NetCDF” library (https://www.unidata.ucar.edu/software/netcdf/copyright.html),
o “Solar Geometry 2” library (http://www.oie.mines-paristech.fr/Valorisation/Outils/Solar-Geometry/#SG2).
Version of 29.11.2018
The Somfy Solar App is designed to help professional installer (the “professional installer”) to determine if solar roller shutters ans exterior screens equipped with SOMFY solar solutions (motor, solar panel and battery) can be installed in a given location according to different criteria, in particular the location, orientation of the window and solar masks.
THIS APPLICATION IS INTENDED FOR PROFESSIONALS TRAINED IN THE SOMFY SOLAR SOLUTIONS. USE OF THIS APPLICATION REQUIRES A CERTAIN LEVEL OF KNOWLEDGE, EXPERTISE AND COMPETENCE IN THE INSTALLING OF ROLLER SHUTTERS AND EXTERIOR SCREENS. ANY PERSON WHO IS NOT A PROFESSIONAL OR WHO DOES NOT HAVE THIS KNOWLEDGE, EXPERTISE AND COMPETENCE SHOULD NOT USE THE APPLICATION; ANY USE IS AT THE PERSON’S OWN RISK.
By installing and/or using the Somfy Solar App, the professional installer declares that they have read and accepted the present general conditions of use (“GCU”) and undertake to comply with them. The present GCU are accepted in full, forming an indivisible whole, and the professional installer cannot choose to apply only a part of the GCU or to formulate any reservations.
PURPOSE
The present GCU define the terms and conditions of use of the Somfy Solar App by the professional installer.
ACCESS TO AND/OR USE OF THE APPLICATION ENTAILS THE UNCONDITIONAL ACCEPTANCE OF THE PRESENT GCU BY THE PROFESSIONAL INSTALLER.
The application can be downloaded free of charge from different applications stores, in particular the App Store (Apple) and the Google Play Store (Android).
The professional installer declares that he complies with the legal provisions of the present GCU, with which the professional installer must be familiar, as well as with any applicable law.
The professional installer agrees to use the Somfy Solar App in accordance with the provisions and instructions governing the use, safety and correct operation contained in the documentation as well as the explanations provided to the professional installer via the application.
The Somfy Solar App must be used in accordance with its purpose, i.e. to help determine if roller shutters or exterior screens fitted with SOMFY solar solutions (motor, solar panel and battery) can be installed in a given location for long-lasting use (subject to the given environment on the day of evaluation remaining identical for the duration of use of the said shutter).
The evaluation is conducted using the following elements on the day of evaluation:
- The location
- The orientation of the window
- The dimensions of the window
- The obstructions the solar panel might encounter
- The meteorological data from previous years in this same location
The location and meteorological data are automatically retrieved by the application, on condition that the professional installer has configured his telephone to authorise geopositioning. The dimensions of the window, the orientation and any elements blocking the sun are entered by the professional installer or deduced by the application when the photographs are taken. Based on these elements, the application calculates and provides a result: the professional installer must be meticulous in evaluating these elements, and must be precise in measuring the dimensions of the window and the photo with the responsibility of entering the correct dimensions and complying with the recommendations for taking photographs. The quality of the result primarily depends on the quality of the elements communicated.
The Somfy Solar App is only configured to evaluate the utility of installing a motorised roller shutter or exterior screen with a complete SOMFY solar solution (motor, solar panel and battery) and cannot be used in conjunction with components from other brands.
The professional installer or his employees must be trained in the products of the SOMFY solar solutions in order to use the Somfy Solar App. The Somfy Solar App is not designed to be used by a consumer.
The Somfy Solar App as a whole is protected by French, European and international law relating to intellectual property. All reproduction and representation rights are reserved. All texts, graphics, icons, photographs, plans, logos, brands, videos, sounds, software, patents, certificates of utility, discoveries, know-how, copyright, ancillary rights, software, its documentation and preparatory work, databases, database production rights, drawings and models, company names, commercial names, signs and/or domain names and, more generally speaking, all elements comprising the application and its documentation may not in any way be represented, reproduced, divulged, disseminated, distributed, adapted, translated, modified, be the source of a derivative work, be franchised, integrated, commercialised, used, rented, transferred or loaned, even free of charge or for retrieval purposes, in part or in full via any media whatsoever without the express prior authorisation of SOMFY or the rights holders concerned.
The professional installer is also prohibited from performing any retro-engineering, disassembly or decompilation of the application or from attempting to do this or from helping anyone to do this, except when the decompilation right is authorised by the law, and within the limits stipulated by this law.
The professional installer is not authorised to derive the source code or to reproduce, modify, adapt, translate, use or distribute the source code.
Non-compliance with the commitments stipulated above would constitute an act of infringement that might cause the author to be liable. SOMFY reserves the right to institute legal proceedings against any person who fails to comply with these commitments.
As long as the professional installer complies with the GCU, SOMFY grants him a personal limited, non-exclusive, non-transferable and non-assignable licence which may be withdrawn at any point of use with the sole aim of enabling him to determine if a roller shutter or exterior screen equiped with SOMFY solar solutions can be installed in a given location for long-term use according to different criteria, in particular those of the location, the orientation of the window, the dimensions of the window, the obstacles which may block the sun and the meteorological data from previous years relating to this location. The present GCU do not grant any intellectual property rights relating to the Somfy Solar App or to the components of a third party to which SOMFY holds a licence and which are provided with the Somfy Solar App. Accordingly, the right of use granted by SOMFY via the GCU does not give rise to any transfer or licensing of intellectual property to the benefit of the professional installer.
insofar as certain components of the application may be provided under open source licence, SOMFY makes said licence available to the professional installer. The professional installer undertakes to comply with the terms and conditions of these licences, which may take precedence over the present GCU.
The professional installer undertakes not to infringe upon the intellectual property rights of SOMFY with regard to the Somfy Solar App. To this end, the user will keep all indications of property or copyright in good condition which may be found on the constituent elements of the application and the documentation. Similarly, he will include these indications on any partial or total reproduction which may be authorised.
The installer also undertakes not to use the software with a view to infringing upon the intellectual property rights or private life of third parties.
Creation of a hypertext link to the application requires prior written authorisation from SOMFY.
The professional installer acknowledges that the application is a constantly changing product. Somfy may ask him to accept application updates and can automatically update the application at any time, with or without prior notification. By using the application, the professional installer agrees to these automatic updates. The professional installer may sometimes need to update a third-party software to be able to use the application.
The Somfy Solar App can be used by the professional installer to store and/or generate content.
The professional installer declares that he is the holder of the intellectual property rights relating to the content and/or be granted all rights and authorisations associated with this content necessary to the use the professional installer will make of it.
The professional installer declares and acknowledges that he is solely responsible for the content and, more generally speaking, for all data that he creates, modifies and/or hosts via the application.
If the content created and/or processed and/or hosted by the professional installer is personal data relating to one of his customers (“personal customer data”), the professional installer will be responsible for processing these personal data and must inform his customers of how their personal data are processed while obtaining their consent and, if necessary, authorisation. More generally speaking, the professional installer undertakes to comply with the legislation in force with regard to personal data processing, and in particular European Regulation (EU) 2016/679 of the European Parliament relating to the protection of natural people with respect to personal data processing and the free circulation of these data.
The GCU will take effect from the moment the Somfy Solar App is installed on the professional installer’s terminal for an indefinite period.
The professional installer can stop using the Somfy Solar App at any time.
SOMFY reserves the right to suspend or terminate access to and use of the application by law, without any formalities or notice if:
- The professional installer does not comply with the present GCU and/or the licence granted for the application and/or, generally speaking, does not comply with the applicable law;
- The professional installer uses the application in a manner likely to cause any prejudice to SOMFY;
- The professional installer uses the application in a manner non-compliant with European Regulation (EU) 2016/679;
- The professional installer infringes on the intellectual property rights of SOMFY or any third parties which have granted licences to SOMFY.
SOMFY can also decide to withdraw the Somfy Solar App from the app stores and its end users’ terminals, subject to informing its users via said app stores and/or the application itself.
SOMFY MAKES EVERY EFFORT TO PROVIDE A HIGH-PERFORMANCE APPLICATION AND RELIABLE RESULTS, BUT ITS WARRANTIES ARE LIMITED. SOMFY THEREFORE OFFERS NO WARRANTY, EITHER EXPRESS OR IMPLICIT, CONCERNING THE APPLICATION PROVIDED, THE USE THAT CAN BE MADE THEREOF OR THE RESULTS IT PROVIDES. THE APPLICATION AND ITS RESULTS ARE PROVIDED AS IS. THE RESULTS PROVIDED BY THE APPLICATION ARE PROVIDED FOR INFORMATION PURPOSES AND ACCORDING TO CRITERIA AND INFORMATION PROVIDED BY THE PROFESSIONAL INSTALLER, WHICH MAY CHANGE: THEY CAN IN NO EVENT LEAD TO SOMFY BEING HELD LIABLE.
SOMFY DOES NOT GUARANTEE THAT THE APPLICATION IS EXEMPT OF ANOMALIES, ERRORS OR GLITCHES OR THAT IT WILL OPERATE WITHOUT INTERRUPTION. THE PROFESSIONAL INSTALLER IS REMINDED THAT HE IS REQUIRED TO TAKE ANY APPROPRIATE MEASURE TO MINIMISE THE DAMAGING CONSEQUENCES LINKED IN PARTICULAR TO A POSSIBLE INTERRUPTION IN OPERATIONS OR A POSSIBLE LOSS OF DATA GENERATED BY THE APPLICATION AS A RESULT OF ITS USE.
SOMFY ALSO DECLINES ALL LIABILITY WITH REGARD TO THE MARKET QUALITY, THE SUITABILITY FOR A SPECIFIC USE AND THE ABSENCE OF FORGERY OF THE APPLICATION AND ITS RESULTS.
THE PROFESSIONAL INSTALLER SPECIFICALLY ACKNOWLEDGES THAT SOMFY IS NOT LIABLE AND THE PROFESSIONAL INSTALLER AGREES NOT TO ATTEMPT TO HOLD SOMFY LIABLE FOR:
- ANY INDIRECT AND/OR UNFORESEEABLE DAMAGE.
- INCORRECT USE OF THE APPLICATION BY THE PROFESSIONAL INSTALLER OR USE THAT IS NON-COMPLIANT WITH THE PRESENT GCU AND/OR THE INDICATIONS PROVIDED IN THE APPLICATION.
- ANY LOSS OF USE, LOSS OF DATA, INTERRUPTION OF ACTIVITY OR LOSS OF EARNINGS, COMMERCIAL LOSS OR LOSS OF OPPORTUNITY, REGARDLESS OF THE LEGAL ARGUMENT PUT FORWARD.
- ANY DAMAGE WHICH MIGHT RESULT FROM ACCESS TO THE APPLICATION, ITS USE, ITS CONTENT OR USE OF THE RESULTS.
- THE NATURE, THE CONTENT, THE QUALITY OF THE USER CONTENT AND PERSONAL CUSTOMER DATA PROCESSING.
- ANY DAMAGE RESULTING FROM EXCEPTIONAL CIRCUMSTANCES OR AN ACT OF GOD.
The professional installer will also ensure that he has a terminal and operating system compatible with the technical particularities indicated in the application documentation. The operating system shall also be updated. The professional installer will ensure the protection and security of the application and, more generally, his terminal, in particular by using an anti-virus
The professional installer will be solely responsible for protecting himself against the risks of destruction or deterioration of files or programs. In light of this, the professional installer is responsible for making back-ups, determining their frequency and organising their archiving.
THE PROFESSIONAL INSTALLER GUARANTEES, INDEMNIFIES AND COMPENSATES SOMFY IN FULL FOR ANY DIRECT DAMAGE THAT SOMFY MAY SUFFER IF IT WERE HELD LIABLE BY A THIRD PARTY AS THE RESULT OF A CLAIM? ACTION OR COMPLAINT RELATING TO THE CONTENT OR PERSONAL DATA OF THE PROFESSIONAL INSTALLER’S CUSTOMERS OR SUBSEQUENT TO USE OF THE APPLICATION IN BREACH OF THE GCU OR THE LAWS AND REGULATIONS IN FORCE.
NO PROVISION OF THE PRESENT GCU SERVES TO EXCLUDE OR LIMIT THE TERMS, WARRANTIES, RIGHTS OR LIABILITIES WHICH CANNOT BE LEGALLY EXCLUDED OR LIMITED. CERTAIN JURISDICTIONS DO NOT ACCEPT THE EXCLUSION OF CERTAIN WARRANTIES OR TERMS OR THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN SCENARIOS. CONSEQUENTLY, ONLY THE LIMITATIONS INDICATED ABOVE WHICH ARE LEGALLY AUTHORISED IN THE JURISDICTION OF THE INSTALLER WILL APPLY TO HIM AND THE LIABILITY OF SOMFY WILL BE LIMITED TO THE FULL EXTENT PERMITTED BY THE APPLICABLE LEGISLATION.
The present GCU can in no event be the object of a total or partial transfer, either in return for payment or free of charge, by the professional installer. Any attempted transfer in breach of the present GcU will be null and void. SOMFY reserves the right to transfer the present GCU or any right or obligation under the terms of the GcU to its affiliates without the consent of the professional installer.
The professional installer is informed that SOMFY can make changes to the application and/or its content linked to the addition of functions or technical, aesthetic, regulatory or legal developments. Consequently, SOMFY can alter its application and the associated GCU in order to adapt them to the modifications made to the application and/or the laws and regulations applicable.
The professional installer will be notified of any modification to the GCU and/or the application via the application itself or the app store.
Any use of the application made by the professional installer subsequent to notification of the modified GCU constitutes unconditional acceptance of said modifications.
Nothing in the present GCU can be interpreted as creating an employer/employee relationship, partnership or joint enterprise with SOMFY.
If any provision in the present GCU is deemed invalid or inapplicable for any reason whatsoever, the other provisions shall remain in full force without being affected or invalidated in any way whatsoever. SOMFY and the professional installer agree to replace any invalid provision by a valid stipulation which is as close as possible to the intention and economic aim of the invalid provision.
In the event of a dispute resulting from access to or use of the application, French legislation is the sole law applicable, and the Courts of Annecy (74000, France) have sole jurisdiction, except in the event of contrary and mandatory provisions of the law.