“Agreement” refers to the conditions of use of the Site. “Content” means audio-visual information, documents, software, products, and services available during the use of the Service. “User Data” is any data, information, or material sent or provided by the user or by the user’s service provider, or sent from home or business devices that are electronically linked to the Service; “S&C” means Sensing & Control Systems S.L., with address at C/.Aragón 208, 5-1, 08011 Barcelona (España); “S&C Technology” is any technological property of S&C (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs, and other tangible or intangible material or information) accessible to the user as a result of the Service; “Service” is the online service known as ‘enControl,’ developed, operated, and maintained by S&C and accessible at http://encontrol.io (or the subdomain https://*.encontrol.io or the web or IP address expressly related to the Service) expressly designed by S&C; “User(s)” means the person(s) authorized to use the Service, who have been provided with user identification and a password.

2 Purpose

The purpose of this document is to describe the conditions for the use of enControl, and the description of its privacy and security policy.<0}

One of the important objectives of the enControl Service (the “Service”) is the protection of users’ privacy; this includes personal information (“Personal Inf.”) and installation information (“Installation Inf.”). This document has been prepared in order to provide you with information regarding the privacy and security aspects included in the Service. In this document, we inform you of the reasons why we save this information and how we use it.

Whenever you use the Service (be it through payment or during a trial period) you automatically accept the terms included in this privacy and security document as well as its terms of service (specified in another document).

If you accept this agreement on behalf of a legal entity or company, you hereby declare that you have the authority to obligate the said entity or company and all the users belonging thereto.

All references to “us,” “our,” “enControl,” and “S&C” in this document shall refer to S&C and to its affiliated entities. All references to “you,” “the user,” “he or she,” and “user” in this document refer to the service provider. All references to “the user,” “user,” “subscriber,” and “end user” in this document refer to the subscriber of the service (be it though payment or a trial period).

S&C may periodically make changes to these conditions of use, which will be accessible through the Service. It is your responsibility to frequently review this document and to be aware of any changes; we encourage you to do so. If S&C makes any changes to this terms and conditions document that we believe will affect the user, we will notify the user of the change by e-mail.

3 Service Terms

3.1 Welcome

S&C will allow the use of the Service, which includes an interface based on a standard web browser, data encryption, secure transmission, and safe access and data storage. Whenever any user uses the Service (be it through payment or a trial period), the user automatically accept the terms of this conditions of use document as well as the privacy and security policy.

3.2 enControl User License

Unless you have obtained written consent from S&C, these terms grant you a non-exclusive, non-transferable license, as well as the right to use the Service in any part of the world, only for your personal use and subject to the terms and conditions of this Contract.

All rights that are not expressly granted to the user are reserved for S&C. The use of the service shall only be permitted for the user and its user in possession of a valid password. The user shall not disclose the password to third parties or allow third parties to access the service.

The user may not access the service if the user is a direct competitor of enControl, unless he or she has obtained prior written consent from S&C.

The user may not access the Service for the purpose of monitoring availability, for performance or functionality studies, or for any other activity used to compete with S&C.

Unless you have obtained written permission from S&C, this license does not allow you to (i) sell, transfer, assign, distribute or commercially operate the services or the content, or to make them available to third parties in any way, (ii) create “links” for the Service, (iii) modify or create derived works based on the Service or the Content, or (iv) conduct reverse engineering or to access the Service for the purpose of (a) creating a competing product or service, (b) creating a product using ideas that are similar to the service, characteristics, functions or images from the Service, or (c) copying ideas, characteristics, functions, or images from the Service, unless you have obtained prior written consent from S&C.

The user may use the Service only for their own purposes and may not: (i) send “junk e-mail” or duplicate e-mails or non-solicited e-mails in violation of applicable laws, (ii) send or store obscene, threatening, defamatory, or any other unlawful material, including material that is inappropriate for minors or that might infringe upon the right to privacy of third parties, (iii) send or store material containing viruses, worms, Trojan horses or other malicious code in files, scripts, agents, or programs; (iv) interfere with the integrity or the operation of the Service or of the data included therein, or (v) attempt to obtain unauthorized access to the Service or its related systems or networks.

The rights granted to the user in accordance with the provisions of this Terms of Service Agreement extend to any update or new version that should replace and/or complement the Service, unless the said update or new version includes its own Terms of Service.

3.3 Responsibilities

The user is responsible for all activity that is carried out using the user’s account and must comply with all local, state, national, and foreign laws, as well as the treaties and regulations applicable to the use of the Service, including those related to data protection, international communications, and the transmission of technical or personal data. The user shall (i) immediately notify S&C of any unauthorized use of his or her password or account or any other known or suspected compromise in security, (ii) immediately notify S&C and use reasonable means to immediately stop any illegal copying or distribution of the content, and (iii) not impersonate another user or provide false identity information in order to obtain access to or use the Service.

3.4 User Account Information and Data

S&C does not own any data, information, or material that the user uploads to the service while using it (“User Data”). The user, not S&C, is responsible for the accuracy, quality, integrity, legality, reliability, convenience, and the intellectual property or rights of use of all his or her data; S&C is not liable for the blocking, correction, destruction, damage, or loss of, or failure to store the user’s data. S&C reserves the right to retain, eliminate, and/or discard your data without prior notice in the event of non-compliance with the conditions of use, including but not limited to default on payment. In the event of termination of the service, your right to access or use the data will cease immediately; S&C shall not have any obligation to preserve user data or to send it to the user.

3.5 Intellectual Property

S&C (and its subsidiaries, if applicable) is the owner of all rights, titles, and interests, including all Intellectual Property rights related to, or regarding S&C technology, the Content, and the Service, as well as any suggestion, idea, request for improvement, comment, recommendation, or other information provided by the user or any other party related to the Service. This Agreement is not a sale and does not grant any property right of or related to the Service, S&C technology, or the intellectual property rights corresponding to S&C. The name S&C, the S&C logo, and the names of products related to the Service are commercial brands of S&C or of third parties and no right or license is granted for the use thereof unless written permission has been granted by S&C. It is strictly prohibited to in any way exploit, reproduce, distribute, modify, publicly communicate, assign or transform, or any other way disseminate the information or elements contained in the Service mentioned in this section by any means or medium that has not been previously and expressly authorized by their respective right holders. The content of the web page of the Service may only be downloaded to the user’s terminal provided that it be for his or her private use and not have any commercial purpose.

3.6 Third Parties

While using the Service, the user may contract services offered by third parties through the specific channels offered by the Service. Any of these activities and all terms, conditions, guarantees, or representations associated with the said activities is exclusively between the user and the said third parties. S&C shall not have any responsibility or obligation regarding any correspondence, purchase, or promotion between the user and the said third parties. S&C is not responsible for any Internet site linked through the Service. S&C provides these links only as a matter of convenience, and in no case shall S&C be responsible for any content, product, or other material on or available through the said sites. S&C offers the Service in accordance with the terms and conditions of this Contract. The user acknowledges that third party providers of software, hardware, or services may require acceptance of licenses additional to or different from this one, or other conditions of use before granting the user access to the said software, hardware, or services.

3.7 International Use

In acknowledgement of the global nature of the Internet, the user agrees to comply with local laws regarding conduct and content. Please keep in mind that the information published on the Site may make reference to products, programs, or services that are not available in your country. Please contact S&C directly through sales@sensingcontrol.com to obtain information relating to the products, programs, and services that may be available to users in your country.

This site is controlled, operated, and administrated by S&C from its facilities and through its contractors within the EU.

3.8 Compensation

The user shall compensate S&C, its organizations, subsidiaries, affiliates, officials, directors, employees, attorneys, and agents for and against any and all claims, costs, damages, losses, responsibilities, and expenses (including attorneys’ fees) that should arise from or in connection with: (i) a claim alleging that the use of data by the user infringes upon the rights of, or has caused damages to third parties, (ii) a claim, that, being true, would constitute a violation by the user of its rights and protections, or (iii) a claim arising from non-compliance with this Agreement by the user or its users, provided that S&C: (a) immediately notify the user of the accusation in writing, (b) grant the user control of the defense against the accusation (as long as the user does not settle or initiate any claim, unless he or she unconditionally releases S&C, its businesses, and its services of any and all responsibility), (c) provide the user with all available information and its assistance, and (d) has not modified or finalized the accusation.

3.9 Disclaimer of warranties

THE SERVICE OBTAINS, STORES, DISPLAYS AND PROVIDES NOTIFICATIONS TO THE USER THE DATA OBTAINED FROM THE SENSORS INSTALLED IN YOUR HOME / BUSINESS. CHECK THE CONDITIONS AND WARRANTIES OF THE MANUFACTURERS OF SUCH PRODUCTS, AND THE FITNESS, RELIABILITY AND QUALITY OF THE PRODUCTS FOR YOUR INSTALLATION. S&C IS NOT BE RESPONSIBLE FOR SUCH WARRANTIES OR CONDITIONS OF USE.

S&C DOES NOT WARRANT THE ACCURACY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. S&C DOES NOT DECLARE OR WARRANTY THAT: (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE BY ITSELF OR IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE OR DATA SYSTEM, (B) THE SERVICE WILL MEET YOUR NEEDS OR EXPECTATIONS, (C) THE STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVERS THAT OFFER THE SERVICE ARE AVAILABLE AT ALL TIMES AND ARE FREE OF ERRORS AND OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED STRICTLY "AS IS". ALL CONDITIONS, DECLARATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW APPLICABLE TO S&C.

3.10 Internet and electronic communications

THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF INTERNET AND ELECTRONIC COMMUNICATIONS. S&C IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR ANY OTHER RESULT RELATED TO THE USE OF INTERNET AND ELECTRONIC COMMUNICATIONS.

3.11 Disclaimer

UNDER NO CIRCUMSTANCES WILL S&C BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER TYPE (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING FROM OR IN ANY WAY CONNECTED WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR ANY CONTENT OBTAINED THROUGH THE SERVICE, ANY INTERRUPTIONS, INACCURACIES, ERRORS OR OMISSION, REGARDLESS OF CAUSE, EVEN IF S&C HAS BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY OCCUR.

3.12 Notices

In the event that S&C should need to communicate with the user it will do so by means of the contact information that S&C possesses or through the Service.

The user may contact S&C at any time by sending a letter addressed to enControl at C/ Aragón 208, 5-1, 08011 Barcelona (España) or by sending an e-mail to support@sensingcontrol.com

3.13 Modifications of the Conditions of Use

S&C reserves the right to modify the Terms of Service contained in this Agreement, or the policy for use of the Service at any time, such changes becoming effective at the moment this document is updated. The user is responsible for regularly reviewing this document. The continued use of the Service constitutes the acceptance of the new conditions of use.

3.14 General

These Terms of Service are subject to Spanish law. For the resolution of any conflict that may arise in connection with access to the service, the user and S&C expressly agree to submit to the courts of Barcelona and waive their right to any general or special jurisdiction to which they might otherwise be entitled.

4 Privacy and Security Policy

Under the regulations of Protection of Personal Data, hereby authorizes that the personal data provided be incorporated into a file called CONTACTS responsibility of SENSING AND CONTROL SYSTEMS S.L. located in C / ARAGO 208, 5E 1A, 08011 BARCELONA (BARCELONA).

4.1 Storage of Information

enControl collects and saves Personal Inf. (as defined below) and automatically receives and stores information on the servers of the web browsers, including but not limited to the IP address from which you connect, information regarding cookies, the page you are viewing on the Site, the use of the Site, and events regarding the devices linked to enControl.

When you use the Service, the enControl servers generate and store Site activity information: the IP from which you connect, the time spent, the date and time of access, pages visited, and the type of web browser.

Personal Inf. is required in order to create an account for access to enControl and is comprised of: a user ID number, a HW identifier and an e-mail address. Also stored is another type of information related to the installation of sensors and actuators installed in your home or business (the number and types of sensors, name and location of the sensors, the names of the installation areas, and a floor plan showing the location of the sensors) (“Installation Inf.”).

The username for access to the Service and the password will be provided by the Service Provider although you may change the password at any time. If you should forget your password, a new one may be obtained through the Site.

The Site offers a communications channel through which the enControl Service Provider may send personalized information to the user. This channel will not be used by the Provider, and the Provider shall not be responsible for the content therein, which shall always comply with currently effective legislation at all times and for each country from which the service is used. The Provider shall under no circumstance be responsible for the said information. In the event that the communications channel is discovered to be used illegally, the channel will be deactivated unilaterally and/or as required by the government.

enControl stores the information/images sent from the devices installed in your home/business. The objective is to provide real-time and historical information regarding key resources inside your home/business. These devices include but are not limited to: meters or sensors to measure electricity, gas flow and water flow; sensors to measure temperature, relative humidity, luminosity, movement, CO₂, flooding, smoke; cameras; electronic control relays for devices; electrical circuits and; gas or water valves. Your home/business can have any number and variation of these types of devices installed, depending on your needs. When your home/business has presence sensors installed, please keep in mind that these devices do not allow for the identification of any person. All images are stored in encrypted form in our servers to maintain privacy. Only the user is enabled to request images from their devices.

4.2 Use and Disclosure of Information

Your Personal Inf. or your Installation Inf. will not be sold, transferred, shared, or used except in the cases listed in this privacy and security policy document. Your Personal Inf. or your Installation Inf. may be used by the Provider (and/or shared for exclusively technical purposes and for improvement of the Service) in the following manner: The Provider may use the information regarding the use of the Service for promotion or other similar purposes. DData that does not identify a home or business are used for administration of the Service and the Site, and the monitoring of its use and improvements. All information that does not identify your home or business may be used by third parties in order to offer improvements in the Service to users. The connection IPs are monitored and stored only as a measure to increase the security of the Site and the Service. We are committed not to use your Personal Inf. to contact you for commercial purposes; we will only contact you for the purpose of improving the services and the functions of the Site.

In the event that the Provider should be purchased, absorbed, or in any way related to another company, or should we declare bankruptcy, it is possible that we may have to relinquish your Personal Inf. and/or Installation Inf. In the event that we should be obligated to share the said information and/or any other information related to the Service with the newly incorporated company, the new company shall be governed by this Privacy and Security document.

4.3 Protection of Information Related to Your Home or Business

The Service includes the reception of information regarding consumption and time values, and environmental aspects of your facility, originating both from the measurement and control devices installed in your home/business as well as from external sources and; the reception of information of events from security/safety devices installed in your home/business. Events may contain sensitive information in the form of photographs/videos, which is stored in an encrypted format. All communications through a public communications channel that is dependent on the Service will be carried out in a secure manner (in other words, encrypted).

In order to provide you with support, Service Provider employees as well as those from third-party companies may need to access the said information.

The Service Provider stores the values and events of the sensors and actuators connected to enControl for a limited time. At the end of this period, all the information is deleted from our servers. Please keep in mind that once it is deleted, the information cannot be recovered.

4.4 Security

enControl uses standardized secure technologies for communications, including SSL (Secure Sockets Layer) technology and encryption of web pages (https). These measures are designed to safeguard your confidential information during electronic communications thus minimizing the possibility of the information being captured and your identity or security compromised. You can verify that the communication through your browser is secure since the browser itself will notify you.

All personal information is stored on servers protected against unauthorized access by using firewalls or other technological means. The servers are located in secure locations and only Service Provider employees and related agents have access, in cases of strict necessity, to the Personal Inf. and Installation Inf.

4.5 Contacting You

Occasionally, we may need to send you information regarding important enControl updates; in these cases or in other necessary situations, we will notify you by e-mail (or by means of another electronic channel of the Service).

4.6 Geofencing

A virtual perimeter (geofence) is a circular geographic area centred on a given location. This default location is the location of the home installation. IOS and Android applications will notify the service when a user (their mobile) is crossing the boundaries of a perimeter.

The iOS and Android applications configure the geofence service offered by the operating system, by registering a specific latitude and longitude (which should coincide with the one of the installation) and radius. The number of geofences that can be used is restricted by the service offered by the Android or iOS operating system.

The operating system (phone) will notify the application when the (phone) enters or leaves the perimeter. The application does not obtain phone positioning points, it will only receive an "entering perimeter X" or "leaving perimeter Y", and therefore the exact location is never being sent to the Service.

The service does not maintain a history of perimeter entries and departures. Only the last notification sent.

The number of geofences is determined by the service offered by the Android and iOS operating system.

Notice that Android may provide generic information about the APP in which the user is informed that the APP is accessing precise phone’s positioning (NETWORK and GPS). As stated before, our APPs do not access nor capture nor store GPS locations, just notify the Service when user crosses a given perimeter.

4.7 Cookies and Related Technology

The so-called “Persistent Cookies” are small data files that are stored by the web browser on the personal computer used to access the Site. Personal information such as an access code is never stored. You can configure your web browser with different options related to cookies. If you choose not to use all the cookies, you will not be able to access all the pages of the Site. The so-called “Secure Session Cookies” are cookies that are only stored in temporary memory instead of on the hard drive and are deleted when the web browser is closed. In order to offer secure access to the site, a unique session identifier is created. This session identifier expires when you exit the Service or when a certain inactivity period is exceeded. We may use other types of technology and monitoring of navigation in order to collect anonymous information regarding access to the Service; we do this to help us offer you a continuous improvement of the Service and of the user’s experience. Other third-party companies may use cookies or another technology to help us manage our marketing efforts more efficiently (for example, e-mail servers, analytical tools, etc.). We select these service providers and enter into agreements with them to the effect that the said service providers not monitor or store any personal information; they may only share the acquired anonymous information with us.

You can obtain more information regarding third-party cookies at www.networkadvertising.org and other related pages.

4.8 Legal Compliance

We may be required by the authorities to disclose your Personal Inf. and/or your Installation Inf.; in this case we are obligated by law to access this information. In general, we will also access your Personal Inf. and/or your Installation Inf. if we think that such access is in favor of a necessary action: (1) to comply with the law or for a legal proceeding in which the Service Provider, the Site, or the Service is involved, (2) to defend and protect the rights or property of the Service Provider; or (3) to protect the personal security of the users of the Service and/or the Site. Given that it is possible to use the Service in a negligent manner, the Service Provider reserves the right to provide the relevant authorities with all information related to the said abuse, including all illegal activity that is carried out through your user account.

4.9 Access and Correction

Sensing & Control in compliance with the data protection regulations and with the intention to treat only the essential and proportional data for the provision of services, recommends that the user only include in the incidents of the system the data essential and necessary for the Review of the fault or error detected; Without it being necessary in any case to provide images where a person can be identified. In the event that an image of an identifiable natural person is included, Sensing & Control declares that it will not carry out any additional treatment to the resolution of the detected incidence, but the user must have the relevant authorizations of the identifiable person to send images, in any case exempting Sensing & Control from any liability that may be derived for lack thereof.

In any case, you can indicate the revocation of the consent of the processing of personal information, as well as exercise the rights of access, rectification or deletion, the limitation of the treatment or oppose, as well as the right to the portability of the data. These requests must be made in C / ARAGO 208, 5E 1A, 08011 BARCELONA (BARCELONA) by letter or sending an email to support@sensingcontrol.com.

It is reported that you can also submit any claim to the Spanish Agency for Data Protection.

4.10 Transfer of Information

All information of the Site or the Service may be stored and processed in any country in Europe. By using the Service and the Site, you are acknowledging awareness of the fact that secure transmissions of information may occur outside your country .

4.11 Third-Party Practices

All information that you may send to a third-party website linked from or to the Site, or any other information stored by that website, is not subject to the privacy and security policy described in this document, but rather to the privacy and security policy of the said website if applicable.

The Service Provider does not assume any responsibility for the practices, actions, or polices of the said companies and is not responsible for the content or privacy practices of the said websites.

4.12 Termination

If you stop using the Service or end your subscription, we will keep your information only for the time necessary in order to comply with our commercial purposes and with the legislation currently effective at that time.

Your personal information included in the “live” database as well as the security copies will be deleted once the holding and retention period legally established in each country has elapsed.

4.13 Contact the Service Provider

We will do everything possible to keep your information updated whenever you provide it to us, and we will protect your privacy through the continuous evaluation of the application and the nature of our policies. If your information changes or if you identify an error in our records, please send us an e-mail to support@sensingcontrol.com; we will update the incorrect data as soon as possible. If you have any questions, comments, or complaints regarding the enControl Privacy Policy, please contact us at support@sensingcontrol.com . The Service Provider is not responsible for the non-intentional or accidental disclosure of any personal information or installation information.<0}

5 Additional Information

For any question regarding this agreement or any additional clarification please send an e-mail to support@sensingcontrol.com