The company SOMFY ACTIVITES SAS, with a capital of 35,000,000 euros, whose registered office is located at 50, avenue du Nouveau Monde, 74300 Cluses, registered with the Annecy Trade and Companies Register under number 303 970 230, declares to be the publisher and owner of this mobile application.
Intra-community VAT number: FR 25 303 970 230
Telephone: 04 50 96 70 60.
The Director of Publication of this application is the Director of the Exterior BusinessLine.
Email : somfysolarapp@somfy.com
This app is hosted on the Apple App Store (https://www.apple.com/ios/app-store/) and Google Play Store (https://play.google.com/store).
The methodology and algorithms used to calculate the results given by the application were developed in cooperation with the OIE (Observation, Impacts, Energie) center, a joint MINES Paris – ARMINES research team, which is an expert in solar resource forecasting and image processing in particular.
This application and all content, whatever its nature (trademarks, photos, animations, pictograms, etc.) relating to it, are protected by copyright and related French, European and international legislation.
SOMFY ACTIVITES holds ownership and/or licenses and authorizations to use the intellectual property rights on 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, in whole or in part, by any means, on any medium, without the prior written consent of SOMFY ACTIVITES SAS or third party rights holders, is strictly prohibited.
The SOMFY trademark as well as all trademarks, figurative or not, and more generally all other trademarks, images, illustrations and logos mentioned on this application, whether registered or 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 trademarks and logos are the property of MINES Paris:
Any total or partial reproduction, modification or use of these trademarks, images, names and logos, for any reason and on any medium whatsoever, without the express prior consent of SOMFY ACTIVITES SA, or third parties who own the trademarks 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 center, shared by MINES Paris and ARMINES.
The free software used in the application and its license of use are listed below:
- « OpenCV » library (https://opencv.org/license.html),
- « NetCDF » library (https://www.unidata.ucar.edu/software/netcdf/copyright.html),
- « Solar Geometry 2 » library (http://www.oie.mines-paristech.fr/Valorisation/Outils/Solar-Geometry/#SG2).
Version of 05.01.2023
The purpose of the Solar by Somfy application is to help the professional installer (the "Professional Installer") to assess whether the installation of SOMFY solar solutions (motor, solar panel and battery) can be done at a given location, based on various criteria including location, façade orientation and solar obstacles.
THIS APPLICATION IS INTENDED FOR AN AUDIENCE OF PROFESSIONALS, TRAINED IN SOMFY SUN SOLUTIONS. THE USE OF THIS APPLICATION REQUIRES A MINIMUM OF KNOWLEDGE, EXPERTISE AND SKILLS IN INSTALLING SOMFY OFFERS. ANYONE WHO IS NOT A PROFESSIONAL, OR DOES NOT HAVE SUCH KNOWLEDGE, EXPERTISE AND SKILLS SHOULD NOT USE THE APP; OTHERWISE, IT DOES SO AT ITS OWN RISK.
By installing and/or using the Solar by Somfy application, the Professional Installer acknowledges that he or she has read and accepted these general terms and conditions of use ("T&Cs") and undertakes to comply with them. The acceptance of these T&Cs is complete and forms an indivisible whole, and the Professional Installer may not choose to have only part of the T&Cs applied or to formulate reservations.
PURPOSE
The purpose of these T&Cs is to define the terms and conditions of use of the Solar by Somfy application by the Professional Installer.
ACCESS TO AND/OR USE OF THE APPLICATION ENTAILS THE UNRESERVED ACCEPTANCE OF THESE T&CS BY THE PROFESSIONAL INSTALLER.
The app can be downloaded for free through different app stores, including the App Store (Apple) and Google Play Store (Android).
The Professional Installer acknowledges that it complies with the provisions of these T&Cs of which the Professional Installer must read, as well as any applicable law.
The Professional Installer agrees to use the Solar by Somfy application in accordance with the instructions and instructions for use, safety and proper operation contained in the documentation and explanations provided to the Professional Installer via the application.
The Solar by Somfy application must be used in accordance with its intended purpose, i.e. to assess whether or not the installation of SOMFY solar motorisation solutions (motor, solar panel and battery) at a defined location is possible for sustainable use (provided that the environment given on the day of the assessment remains the same during the duration of use of the said component).
The evaluation is carried out on the basis of the following elements, on the day of the evaluation:
- Location
- The orientation of the window
- The dimensions of the window
- Solar obstacles that can face the solar panel
- Weather data from previous years at this location
The location and weather data are retrieved automatically by the application, provided that the Professional Installer has set up his phone to allow geolocation. The dimensions of the application, the orientation and the solar obstacles are indicated by the Professional Installer or deduced by the application during the photo stage. It is on the basis of these elements that the application calculates and provides a result: the professional installer must therefore be vigilant in his assessment of these elements, and must be precise in taking the dimensions of the application and the photo, it is his responsibility to fill in the right dimensions and to respect the recommendations for taking the photo. The quality of the result depends mainly on the quality of the elements communicated.
The Solar by Somfy application is only set up to evaluate the interest of installing SOMFY solar motorization solutions (motor, solar panel and battery) and will not be able to work when third-party components are used.
The Solar by Somfy application must be used by the Professional Installer or by its employees as soon as they are trained in SOMFY solar motorization solutions. The Solar by Somfy application is not intended to be used by a consumer.
The entire Solar by Somfy application is protected by French, European and international legislation relating to intellectual property. All rights of reproduction and representation are reserved. All texts, graphics, icons, photographs, plans, logos, trademarks, videos, sounds, software, patents, utility certificates, discoveries, know-how, copyrights, related rights, software, their documentation and preparatory work, databases, database producer rights, designs and models, company names, trade names, signs and/or domain names, and more generally all the elements making up the application and its documentation, do not apply to the application and its documentation. may be the subject of any representation, reproduction, disclosure, dissemination, distribution, adaptation, translation, modification, creation of a derivative work, concession, integration, commercialization, exploitation, rental, assignment or loan, even free of charge or extraction, in whole or in part, on any medium whatsoever, without the express prior authorization of SOMFY or the holder of the rights concerned.
The Professional Installer is also prohibited from reverse engineering, disassembling or decompiling the application, or attempting to do so or assisting anyone else in doing so, except where the right to decompile is permitted by law and to the extent permitted by such law.
The Professional Installer is not authorized to derive the source code, nor to reproduce, modify, adapt, translate, use or distribute the source code.
Failure to comply with the commitments referred to above would constitute an act of infringement that could incur the liability of its author. SOMFY reserves the right to take legal action against any person who has not complied with these commitments.
As long as the Professional Installer complies with the T&Cs, SOMFY grants him a personal, limited, non-exclusive, non-transferable, non-assignable and revocable license at any time of use, for the sole purpose of enabling him to evaluate whether or not the installation of a SOMFY solar motor solution at a defined location is possible for sustainable use, according to various criteria and in particular the location, the orientation of the façade, the dimensions of the application, the solar obstacles and the weather data of previous years at this location.
These T&Cs do not grant any intellectual property rights relating to the Solar by Somfy application or to any third-party components that SOMFY licenses and that are provided with the Solar by Somfy App. In this sense, the right of use granted by SOMFY by the T&Cs does not entail any transfer or license of intellectual property to the benefit of the Professional Installer.
To the extent that certain components of the Application may be offered under an Open Source license, SOMFY makes such license available to the Professional Installer. The Professional Installer undertakes to comply with the terms and conditions of these licenses, which may take precedence over these T&Cs.
The Professional Installer undertakes not to infringe SOMFY's intellectual property rights on the Solar by Somfy application. As such, it will maintain in good condition all the proprietary or copyright notices that may be made on the constituent elements of the application and the documentation. Similarly, he will include these mentions on any reproduction, in whole or in part, that is authorised.
The installer also undertakes not to use the Software for the purpose of infringing the intellectual property rights or privacy of third parties.
The creation of a hypertext link to the application requires the prior written authorization of SOMFY.
The Professional Installer acknowledges that the Application is a product in constant evolution. SOMFY may ask the User to accept updates to the Application, and may automatically update the Application at any time, with or without prior notification. By using the Application, the Professional Installer consents to these automatic updates. The Professional Installer may sometimes need to update third-party software in order to use the Application.
The Solar by Somfy application can be used by the Professional Installer to store and/or generate content.
The Professional Installer declares that it is the owner of the intellectual property rights relating to the content and/or that it has all the rights and authorisations relating to this content, necessary for the use that the Professional Installer will make of it.
The Professional Installer declares and acknowledges that it is solely responsible for the content and more generally for any data that it 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 its customers ("Customer Personal Data"), then the Professional Installer will be responsible for the processing of such Personal Data and must inform its customers of the processing carried out on the Personal Data and obtain their consent and authorization where applicable. More generally, the Professional Installer undertakes to comply with the legislation in force regarding the processing of personal data, and in particular the European Regulation (EU) 2016/679 of the European Parliament on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
The T&Cs come into force from the installation of the Solar by Somfy application on the Professional Installer's terminal and for an indefinite period.
The Professional Installer may stop using the Solar by Somfy application at any time.
SOMFY reserves the right to suspend or terminate access to and use of the Application by operation of law, without formality and without notice if:
- The Professional Installer does not comply with these T&Cs and/or the license granted on the application and/or in general does not comply with applicable law;
- The Professional Installer uses the application in a way that is likely to cause any harm to SOMFY;
- The Professional Installer uses the application in a manner that does not comply with European Regulation (EU) 2016/679;
- The Professional Installer infringes the intellectual property rights of SOMFY or third parties that have granted licenses to SOMFY.
SOMFY may also decide to remove the Solar by Somfy application from the application stores and terminals of its end users, subject to informing its users via said application stores and/or the application itself.
SOMFY MAKES EVERY EFFORT TO PROVIDE A HIGH-PERFORMANCE APPLICATION AND RELIABLE RESULTS, BUT ITS GUARANTEES ARE LIMITED. THUS, SOMFY DOES NOT OFFER ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE APPLICATION OFFERED, THE USE THAT MAY BE MADE OF IT AND THE RESULTS IT PROVIDES. THE APP AND ITS RESULTS ARE PROVIDED AS IS. THE RESULTS PROVIDED BY THE APPLICATION ARE GIVEN FOR INFORMATION PURPOSES ONLY AND ACCORDING TO CRITERIA AND INFORMATION PROVIDED BY THE PROFESSIONAL INSTALLER AND WHICH ARE LIKELY TO CHANGE: THEY CAN IN NO WAY ENGAGE THE RESPONSIBILITY OF SOMFY.
SOMFY DOES NOT GUARANTEE THAT THE APPLICATION IS FREE OF ANOMALIES, ERRORS OR BUGS AND THAT ITS OPERATION WILL BE UNINTERRUPTED. THE PROFESSIONAL INSTALLER IS REMINDED THAT IT IS HIS RESPONSIBILITY TO TAKE ALL APPROPRIATE MEASURES TO MINIMIZE THE HARMFUL CONSEQUENCES RELATED IN PARTICULAR TO A POSSIBLE INTERRUPTION OF OPERATION OR A POSSIBLE LOSS OF DATA GENERATED BY THE APPLICATION AS A RESULT OF ITS USE.
SOMFY ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE APPLICATION AND ITS RESULTS.
THE PROFESSIONAL INSTALLER SPECIFICALLY ACKNOWLEDGES THAT SOMFY IS NOT LIABLE, AND THE PROFESSIONAL INSTALLER AGREES NOT TO SEEK SOMFY'S LIABILITY FOR:
- ANY INDIRECT AND/OR UNFORESEEABLE DAMAGE.
- THE MISUSE OF THE APPLICATION BY THE PROFESSIONAL INSTALLER OR A USE THAT DOES NOT COMPLY WITH THESE TERMS OF USE AND/OR THE INDICATIONS GIVEN IN THE APPLICATION.
- ANY LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION OR LOSS OF PROFITS, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY REGARDLESS OF THE LEGAL ARGUMENT ADVANCED.
- ANY DAMAGE THAT MAY RESULT FROM ACCESSING THE APPLICATION, ITS USE, ITS CONTENT OR THE USE OF THE RESULTS.
- THE NATURE, CONTENT, QUALITY OF USER CONTENT, AND THE PROCESSING OF CUSTOMERS' PERSONAL DATA.
- ANY DAMAGE RESULTING FROM EXCEPTIONAL CIRCUMSTANCES OR FORCE MAJEURE.
The professional installer will also ensure that they have a terminal and an operating system that is compatible with the technical specifications mentioned in the application documentation. The operating system will also need to be up to date. The professional installer will ensure the protection and security of the application and more generally of its terminal, in particular through the use of anti-virus software
It will be the exclusive responsibility of the professional installer to protect himself against the risks of destruction or damage to files or programs. As such, it is his responsibility to take charge of the backups, to determine their periodicity, and to organize their archiving.
THE PROFESSIONAL INSTALLER GUARANTEES, INDEMNIFIES AND FULLY INDEMNIFIES SOMFY FOR ANY DIRECT DAMAGE THAT SOMFY MAY SUFFER IF IT IS HELD LIABLE BY A THIRD PARTY AS A RESULT OF A CLAIM, ACTION OR COMPLAINT RELATED TO THE CONTENT OR PERSONAL DATA OF THE PROFESSIONAL INSTALLER'S CUSTOMERS, OR AS A RESULT OF A USE OF THE APPLICATION IN VIOLATION OF THE T&CS OR THE LAWS AND REGULATIONS IN FORCE.
NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY TERMS, WARRANTIES, RIGHTS OR LIABILITIES THAT CANNOT BE LEGALLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR TERMS OR THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. THEREFORE, ONLY THE ABOVE MENTIONED LIMITATIONS THAT ARE LEGALLY PERMITTED IN THE INSTALLER'S JURISDICTION WILL BE APPLICABLE TO IT AND SOMFY'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
These T&Cs may not under any circumstances be transferred in whole or in part, for a fee or free of charge, by the Professional Installer. Any attempted assignment in violation hereof shall be null and void. SOMFY reserves the right to assign these T&Cs or any right or obligation thereunder to any of its affiliates without the consent of the Professional Installer.
The professional installer is informed that SOMFY may make changes to the application and/or its content related to the addition of functionalities or technical, aesthetic, regulatory or legal developments. As a result, SOMFY may change its application as well as its T&Cs in order to adapt them to the modifications that have been made to the application and/or to the applicable laws and regulations.
Any changes to the T&Cs and/or the application will be notified to the Professional Installer through the application or the application store.
Any use by the Professional Installer of the application after the notification of the modified T&Cs will constitute unreserved acceptance of the said modifications.
Nothing in these T&Cs may be construed as creating an employer/employee relationship, partnership or joint venture with SOMFY.
If any provision hereof is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect without being affected or invalidated in any way. SOMFY and The Professional Installer agree to replace any invalid stipulation with a valid stipulation that comes as close as possible to the intent and economic purpose of the invalid provision.
In the event of a dispute resulting from access to or use of the application, French law alone is applicable, and the Courts of Annecy (74000, France) alone have jurisdiction, unless otherwise stipulated.