Terms and Conditions

When you connect to or access this website, you agree to be bound by the general Terms of Use set out below, as well as by the specific terms mentioned on certain pages of this site, as updated from time to time. If you do not agree to these terms, you should leave this site immediately.

Unless otherwise specified, this website, its content, and its domain name and urls: https:// Shop.se.com/us/en, https://www.apc.com, https://www.schneider-electric.com, https://www.schneiderelectric.com are the sole property of:

Schneider Electric SE

Head office: 35, rue Joseph Monier

92500 Rueil Malmaison - France

Legal form: European Company (joint-stock corporation) with a Board of Directors

Managing Editor:

Chris Leong

Chief Marketing Officer

Schneider Electric Industries SAS

35, rue Joseph Monier

92500 Rueil Malmaison - France

Host:

Schneider Electric SE

35 rue Joseph Monier

92500 Rueil Malmaison - France

Phone: +33 (0) 1 41 29 70 00

Fax: +33 (0) 1 41 29 71 00

1. Purpose of this website:

This website, as well as the contents including all information, text, graphics, images, hyperlinks and other material are for general information purpose about Schneider Electric.

2. Trademark and copyright information

The Schneider Electric brand and any registered trademarks of Schneider Electric Industries SAS referred to on this website are the sole property of Schneider Electric SE and its subsidiaries. They may not be used for any purpose without Schneider Electric’s express permission, given in writing. This website and its content are protected, within the meaning of the French intellectual property code (Code de la propriété intellectuelle français, referred to hereafter as "the Code"), under the laws of copyright covering texts, drawings and models, as well as by trademark law. You agree not to reproduce, other than for your own personal, non-commercial use as defined in the Code, all or part of this website or its content on any medium whatsoever without Schneider Electric's permission, given in writing. You also agree not to establish any hypertext links to this website or its content. Schneider Electric does not grant any right or license for the personal and non-commercial use of the website or its content, except for a non-exclusive license to consult it on an "as is" basis, at your own risk. All other rights are reserved.

Schneider Electric makes no claim or representations regarding third party trademarks, which are the property of their respective owners.

For more information, contact the webmaster at: FR-webmaster-info@fr.schneider-electric.com

3. Links to other websites

This website may contain links to other websites, which are provided solely as convenience to you and not as an endorsement by Schneider Electric of the contents of such other websites. Schneider Electric is not responsible for the content of any other websites and does not make any representations or warranties regarding any other websites or the contents or materials of such websites.

4. Updating of information

Schneider Electric makes all reasonable efforts to ensure that this website is accessible at all times. You may however be prevented from accessing the site or experience access problems due to technical difficulties or during maintenance work or upgrades. In addition, while Schneider Electric takes reasonable care to ensure that the information on this site is kept up to date, it makes no representation or warranty, express or implied, of its accuracy and completeness.

The content of this website and the websites accessible via hypertext links at this site may be corrected, amended or updated at any time without notice.

Schneider Electric does not guarantee and makes no representations or warranties that this website and access thereto are secure, or that this website is free of viruses or bugs that could result in damage to or the loss of data. You are responsible for protecting your data from viruses or other cybersecurity threats.

Schneider Electric accepts no liability for any direct, special, indirect or consequential damages of whatsoever kind and howsoever caused, arising out of your use of or inability to access the website.

5. Financial and share price information

The information provided through this website is not intended to be and shall not be deemed to be an offer, invitation or inducement to invest in or otherwise deal in Schneider Electric SE shares or any other financial instruments whatsoever issued by any Schneider Electric company, nor to provide or constitute any advice or recommendation in connection with any investment decision.

The share price published on the Finance page of this website is supplied by an outside company and Schneider Electric accepts no liability whatsoever in relation to any delay or inaccuracies in the information supplied via this link, over which it has no control. This website may also provide links to other external websites that are not controlled by Schneider Electric. Schneider Electric is not responsible for the content of any such websites.

6. LIMITATION OF LIABILITY

IN NO EVENT WILL SCHNEIDER ELECTRIC BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY WEBSITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE, DOWNLOADING, OR PURCHASING, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF SCHNEIDER ELECTRIC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

7. Confidential or proprietary information

Schneider Electric does not want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to Schneider Electric will be deemed NOT to be confidential. By sending Schneider Electric any information or material, you grant Schneider Electric an unrestricted, irrevocable license to use, reproduce, display, perform, modify transmit and distribute those materials or information, and you also agree that Schneider Electric is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

8. Jurisdictional issues

Unless otherwise specified on this website, the materials in this website are presented solely for the purpose of promoting Schneider Electric products. Schneider Electric makes no representation that materials or products depicted in the site are appropriate or available.

These Terms of Use shall be governed by and construed in accordance with the laws of France without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Last update: October 6, 2021

TERMS OF USE

FOR

SCHNEIDER HOME RECOMMENDATION ENGINE

WEB APPLICATION

COUNTRY: USA

USA - March 11, 2024

PREAMBLE:

THE PRESENT PREAMBLE FORMS AN INTEGRAL PART OF THESE TERMS OF USE.

SCHNEIDER ELECTRIC USA, INC., A COMPANY INCORPORATED IN THE STATE OF DELAWARE, USA, WITH A PRINCIPAL PLACE OF BUSINESS LOCATED AT 201 WASHINGTON STREET, ONE BOSTON PLACE, SUITE 2700, BOSTON, MA 02108 USA

EMAIL: SEHOMESUPPORT@SE.COM

THESE TERMS OF USE GOVERN YOUR USE OF THE WEB APPLICATION DEFINED BELOW (HEREINAFTER, THE “WEB APPLICATION”) MADE AVAILABLE FOR YOUR USE IN THE USA BY SCHNEIDER ELECTRIC (AS HEREINAFTER DEFINED).

NAME OF THE WEB APPLICATION: SCHNEIDER HOME RECOMMENDATION ENGINE

The Web Application is intended to gather users' personal information concerning their residential properties, energy consumption, and requirements, along with contact particulars and essential home photographs. This information is then shared with Qmerit to facilitate the provision of tailored installation quotations for Schneider Home solutions. The primary functionalities of the Web Application include:

SUMMARY DESCRIPTION OF THE WEB APPLICATIONS FUNCTIONALITIES

Collection of residential address and contact information
Gathering of electric vehicle data
Compilation of household appliance details
Capture of backup energy requirements
Collection of main electrical panel and subpanel photos, as well as desired installation sites
Provision of initial product recommendations based on the acquired information
Transmission of collected data to Qmerit.

INTEROPERABILITY OF THE WEB APPLICATION

The Web Application is generally interoperable with desktop and mobile devices.

An internet connection, not supplied by Schneider Electric, is necessary for and the responsibility of the User to enable such interoperability.

1. ACCEPTANCE OF TERMS

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY USING THE WEB APPLICATION, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF USE.

BEFORE ACCESSING AND USING THE WEB APPLICATION, PLEASE READ CAREFULLY THESE TERMS OF USE AND CONFIRM YOUR ACCEPTANCE OF THESE TERMS OF USE AND YOUR AGREEMENT TO BE BOUND BY THEM BY CLICKING ON THE “ACCEPT” OR “AGREE” BUTTON BELOW.

IF YOU DO NOT AGREE WITH THESE TERMS OF USE AND TO BE BOUND BY THEM, CLICK THE APPROPRIATE BUTTON APPEARING ON YOUR SCREEN WITHIN THE WEB APPLICATION AND EXIT THE PAGE THAT MAKES THE WEB APPLICATION AVAILABLE TO YOU. THIS WILL AUTOMATICALLY DENY YOUR ACCESS TO THE WEB APPLICATION.

BY USING THE WEB APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THESE TERMS OF USE AND THAT YOU AGREE TO BE BOUND BY THEM.

THESE TERMS OF USE FORM A LEGAL AGREEMENT BETWEEN YOU AND SCHNEIDER ELECTRIC. YOU WARRANT, REPRESENT AND AGREE THAT YOU HAVE THE LEGAL AUTHORITY TO ENTER INTO THESE TERMS OF USE AND CONFIRM YOUR ACCEPTANCE OF THESE TERMS OF USE

THE LEGAL AGREEMENT FORMED BETWEEN YOU AND SCHNEIDER ELECTRIC PURSUANT TO THESE TERMS OF USE, SHALL BE CONCLUDED AND ENTER INTO FORCE UPON YOUR ACCEPTANCE OF THESE TERMS OF USE.

THESE TERMS OF USE CAN BE CONSULTED AT ANY TIME IN THE SETTINGS FOR THE WEB APPLICATION.

2. DEFINITIONS

For the purposes of these Terms of Use, the capitalized terms below shall have the meaning defined herein below:

“Affiliates”: means, with respect to Schneider Electric, any corporation, company or other legal entity that is directly or indirectly (i) controlling Schneider Electric, or (ii) controlled by Schneider Electric, or (iii) under common control with, respectively, Schneider Electric, and the term “control” shall, for the purpose of this definition, mean the direct or indirect control of at least 50% of the stock capital and/or of the voting rights.

“Authorized Users”: means You and/or any other person You authorize to access and make use of the Web Application on Your behalf.

“Contents”: means, this list not being limitative, the structure of the Web Application, its editorial contents, the drawings, the illustrations, the images, the photos, the trademarks, the logos, the initials, the company names, the audiovisual or multimedia works, the visual, audio or sound contents, as well as any other file or element present within the Web Application or otherwise forming part thereof.

“Intellectual Property Rights”: means any and all rights of any kind and any type arising under statute, regulation, ordinance, treaty, convention or otherwise, and including, without limitation any patents, utility models, moral rights, copyright and neighbouring rights, trademarks and trade dress rights, mask work rights, service marks, right in domain names, designs rights, rights in computer software, database rights, rights in confidential information (including but not limited to all rights in know-how and trade secrets) and any other intellectual property rights, in each case whether registered or not, including but not limited to applications and renewals, and all rights and forms of protection having equivalent or similar effect, recognized under the laws of each and every jurisdiction throughout the world.

“Web Application”: means the Web Application defined in the preamble hereof, that provides the functions described or referred to in these Terms of Use, as published and made available by Schneider Electric or its Affiliates for Your use. A reference to the Web Application in these Terms of Use will be deemed to include a reference to the Contents, the software programs, the programming and navigation tools, the data bases, and any other structural components of the Web Application, as well as any updates and upgrades thereto that may be made or provided by Schneider Electric.

“Personal Information”: means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Schneider Electric”: means Schneider Electric USA, Inc. as designated hereinabove in these Terms of Use.

“The User”: means You who is a consumer under applicable law who makes use of the Web Application.

3. UPDATES TO THE WEB APPLICATION

Schneider Electric may, at any time, update or upgrade the then current version of the Web Application to enhance current functionalities or to add new functionalities to the Web Application.

4. REGISTRATION REQUIREMENTS

4.1. To create Your user account, you agree you shall click on the “Sign Up” button or equivalent interface displayed on the screen that appears in the Web Application after you download it and you shall provide information required thereon with at least Your name and email address or any other individual person You authorize to use the Web Application (“the Authorized Users”), it being understood that, depending upon the jurisdiction, such information You provided to create Your user account may be considered as Personal Information.

When creating Your user account, You agree (i) to create a unique password that You do not use with any other online product or service; (ii) to provide accurate, truthful, current and complete information; (iii) to promptly update upon any change the information provided to create Your user account; (iv) maintain the confidentiality and security of Your user account by protecting Your identification information and password and restricting access to Your user account; (v) promptly notify Schneider Electric if You discover or otherwise suspect any security breach related to Your user account or any misuse thereof; and (vi) in the case the Web Application is connected to a Smart Device, to delete Your User account when the Smart Device is no longer in Your possession or under Your control thereby allowing such Smart Device to be associated with a different user account.

4.2. You may authorize Your Authorized Users to access to Your user account and make use of the Web Application for Your benefit and only for the purposes described in these Terms of Use, under your sole responsibility and to the extent permitted by law. You shall therefor be responsible to ensure these Terms of Use are made available in a legible manner to each of Your Authorized Users before any of them can log and make use of the Mobile Application. You shall be fully responsible to the extent permitted by law for the acts and omissions of Your Authorized Users or any other third party to whom You provide Your identification information and password, including for all activities that are made through the use of Your user account, and their compliance with these Terms of Use. Schneider Electric will have the right to rely upon any information received from Your user account.

5. FINANCIAL CONDITIONS

The Web Application is free for download by the Users; this means that no license or other fee is payable by You to Schneider Electric in order to download, access or use the Mobile Application.

Users shall solely bear the cost and expense of any toll charges related to or arising from such Users’ access and use of the Web Application through the use of internet or telephone services, including but not limited to any costs and expenses related to subscribing to any third-party service that allows access to mobile telecommunications and the internet and any cost and expense related to the upload or download of any data in or from the Mobile Application.

6. GRANT OF LICENSE

6.1. Subject to Your compliance with all of the terms and conditions contained in these Terms of Use, Schneider Electric grants to You a non-exclusive, non-transferable, revocable, limited and non-assignable license right to use the Web Application in object code form (machine-readable) only, without the right to grant any sub-license thereof, for the purpose for which it is intended to be used to the exclusion of any other purpose, and subject to the terms and conditions contained in these Terms of Use.

6.2. The license to use the Web Application is granted to Users for the duration and in the geographies, which are made accessible or indicated on the mobile applications online stores’ webpage(s) that make the Web Application available for download. In the absence of restrictions set forth in these Terms of Use or on the mobile applications online store’s webpage(s) with respect to accessibility, duration or geographic territory, the license right to use the Web Application is granted to Users on perpetual (but subject to revocation as set forth herein) and worldwide basis.

6.3. The Web Application is available to the Users in object code (machine-readable) form only and under no circumstances is Schneider Electric obligated to disclose or make available to Users the source code of the Web Application unless required by mandatory provisions of applicable law.

6.4. You may download and use the Web Application on more than one single mobile device if the Web Application is used on each of said devices under the same user account under which the Web Application is first downloaded.

6.5. These Terms of Use only give you some rights to use the Web Application and Schneider Electric and its licensors reserve all other rights. You do not acquire any rights other than those expressly granted in these Terms of Use. You agree that You will use the Web Application only as expressly permitted in these Terms of Use. You agree that You will comply with any and all technical limitations in the Web Application that only allow You to use the Web Application in certain ways and that You will not, nor will You permit others to, circumvent such limitations.

6.6. If technological measures are designed to prevent unlicensed or illegal use of the Mobile Application, You agree that Schneider Electric may use those measures to prevent unlicensed or illegal use of for any other legal business purpose and You agree to comply with any requirements regarding such technological measures. Such measures do not constitute a defect in the Mobile Application, nor do they entitle You to any warranty rights.

6.7. These Terms of Use describe and govern Your right to download, install and use the Mobile Application.

6.8. These Terms of Use will also apply to You and shall remain fully enforceable between Schneider Electric and You even if You obtained the right to access and use the Web Application from an authorized Schneider Electric distributor or reseller or a certified Schneider Electric partner.

7. TITLE AND TRADEMARKS

7.1. The Mobile Application, as well as all rights, title, interest, technology and know-how, whether patented or not, embodied in the Mobile Application, as well as all Intellectual Property Rights contained in, associated with or attached to the Mobile Application, including but not limited to copyrights, shall remain the sole property of Schneider Electric Industries SAS or any other Schneider Electric Affiliate, to the exclusion of any third-party software embedded in or bundled with the Web Application or otherwise provided to You with the Mobile Application.

7.2. Nothing in these Terms of Use shall be deemed to convey to You any of Schneider Electric’s or its Affiliate(s)’ Intellectual Property Rights or other proprietary rights in the Mobile Application; all rights not specifically granted in these Terms of Use are reserved by Schneider Electric and, as applicable, its Affiliate(s) owning such rights. Schneider Electric does not sell the Web Application to You but only grants You the license rights defined in these Terms of Use.

7.3. All Intellectual Property Rights or other proprietary rights pertaining to any third-party software or technology embedded in the Web Application or otherwise provided to You with the Mobile Application, shall remain vested in the relevant third-party and there will be no implied transfer of ownership to You of such third-party’s Intellectual Property Rights or other proprietary rights.

7.4. Should You become aware of any infringement to Schneider Electric’s or its Affiliate(s)’ Intellectual Property Rights or other proprietary rights in the Mobile Application, You shall immediately inform Schneider Electric of such infringement and provide all relevant information and reasonable cooperation requested by Schneider Electric to defend its own interests and/or those of its Affiliate(s).

Schneider Electric and other trademarks contained in the Web Application or otherwise used for the distribution or publication of the Mobile Application, are registered trademarks of Schneider Electric or its relevant Affiliate(s). Except as otherwise expressly prescribed by mandatory provisions of applicable law, You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Mobile Application. These Terms of Use do not authorise You to use any names or trademarks of Schneider Electric, its Affiliates or their third-party licensors or authorised resellers.

8. RESTRICTIONS ON USE

8.1. You may only download, install, access, use and display the Web Application on the type of mobile devices and operating systems on which the Web Application is compatible for use as referred to in these Terms of Use, strictly in accordance with these Terms of Use and only for the specific purposes stated in these Terms of Use.

8.2. Furthermore, unless otherwise expressly required or authorized by statute, You will not nor will You permit others to:

(i) copy the Web Application except for backup purposes only in support of Your permitted use of the Mobile Application. Any such copy must include all copyright notices and any other proprietary legends present on the original Mobile Application. You may not sell, lease, license, rent or in other ways transfer any copy of the Mobile Application. If this Web Application contains a documentation that is provided only in electronic form or online, You may print one copy of such electronic documentation for each license acquired to the Mobile Application. If this Web Application contains documentation that is provided in printed form, You may make one copy of such printed documentation for each license acquired for the Mobile Application;

(ii) modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise seek to reconstitute the source code of the Mobile Application, nor create derivative works from the Mobile Application. Further, in case of errors, bugs or defects of the Mobile Application, Schneider Electric expressly reserves the right to correct such errors, bugs or defects to the extent permitted by law but is not obligated to make such correction;

(iii) sub-license, lease, outsource or rent the Mobile Application, or permit a third-party to use the Web Application for its or anyone else’s benefit;

(iv) other than as expressly permitted in these Terms of Use, distribute in whole or part, modify, or create derivatives of, the Web Application or distribute applications created with the Mobile Application; or

(v) directly or indirectly, export, re-export, download, or ship the Web Application in violation of the laws and regulations of the jurisdiction in which You use or are downloading the Mobile Application.

8.3. The use of the Web Application is intended only for use with contents owned by You, public domain contents or properly licensed content. You may need a patent, copyright, or other license from a third-party to create, copy, download, record or save content files for use with the Web Application or to serve or distribute such files to be used with the Mobile Application; in such case, it is Your sole responsibility to obtain such license and you shall solely bear the cost and expense of obtaining such license.

8.4. You may not use the Web Application in an attempt to, or in conjunction with any device, program or service designed to, circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright or other laws of any jurisdiction.

8.5. You agree that You shall only use the Web Application in a manner that complies with all applicable laws in the jurisdictions in which You use or are downloading the Mobile Application, including, but not limited to, applicable restrictions concerning copyright and other Intellectual Property Rights.

9. PERSONAL INFORMATION PROTECTION

You are advised to check the privacy notices and privacy policies made available to you by Schneider Electric in relation to the Mobile Application.

You are responsible for any third-party Personal Information that you upload, store, create, use, share, modify, delete or otherwise process during your use of the Mobile Application. You must comply with all applicable laws and regulations, obtain all required consents and make all required notifications in this respect.

10. WARRANTIES AND DISCLAIMERS OF WARRANTIES

10.1 Schneider Electric warrants that it is entitled to license and otherwise make available THE WEB APPLICATION to You in accordance with the terms and conditions set out in THESE TERMS OF USE.

10.2 SCHNEIDER ELECTRIC PROVIDES A LIMITED WARRANTY UNDER WHICH Schneider Electric’s sole obligation and Your sole remedy with respect to the WEB APPLICATION shall be, at Schneider Electric's option, SCHNEIDER ELECTRIC SHALL fix or provide a work-around to, ANY defect or non-compliance of THE WEB APPLICATION without chargING ANY AMOUNT to You, provided that (a) You give notice of the defect to Schneider Electric WITHIN a period of ninety (90) days from the date when you first downloadED the mobile application, and (b) the defect does not fall under the exclusions set forth in Section 10.3 below.

10.3 Schneider Electric’s warranty shall be excluded and schneider electric shall have no warranty obligations to the extent THE WEB APPLICATION IS altered or fails to perform in any way as the result of A FAULTY OR NON-CONFORMING use, configuration or installation of the Web Application BY YOU, ANY PERSON UNDER YOUR CONTROL OR ANY AUTHORIZED USER, including but not limited to the use of THE WEB APPLICATION with any hardware, SOFTWARE, FIRMWARE, OPERATING SYSTEM OR SOLUTION NOT SUPPLIED, NOT RECOMMENDED OR NOT APPROVED BY SCHNEIDER ELECTRIC TO BE useD with THE MOBILE APPLICATION, or the unauthorized maintenance of THE MOBILE APPLICATION.

10.4 Schneider Electric’s warranty shall also be excluded in case of defect or non-compliance of THE MOBILE APPLICATION, to the extent such defect or non-compliance could have been prevented by making use of an update or upgrade to THE WEB APPLICATION that Schneider Electric maDe available to You IN ANY MANNER WHATSOEVER.

10.5 WITHOUT PREJUDICE TO ANY STATUTORY WARRANTIES WHICH, AS THE CASE MAY BE, BENEFIT YOU UNDER THE LAW APPLICABLE TO THESE TERMS OF USE OR OTHER MANDATORY OR PUBLIC ORDER LAWS OR REGULATIONS (SUCH AS BUT NOT LIMITED TO THOSE LAWS AND REGULATIONS RELATED TO CONSUMERS’ RIGHTS) THAT ARE APPLICABLE, ON BOTH FEDERAL AND STATE LEVELS AS THE CASE MAY APPLY, IN ANY COUNTRY WHERE YOU HAVE YOUR RESIDENCE AS A CONSUMER, SCHNEIDER ELECTRIC MAKES NO OTHER WARRANTY THAN THOSE CONTAINED IN THIS SECTION 10 AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE MOBILE APPLICATION, THEIR UPDATES AND UPGRADES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WHILE SCHNEIDER ELECTRIC HAS TAKEN REASONABLE STEPS TO ENSURE THE ACCURACY OF THE INFORMATION CONTAINED IN OR SHOWN BY THE MOBILE APPLICATION, SCHNEIDER ELECTRIC MAKES NO WARRANTY AS TO WHETHER THE WEB APPLICATION OR ANY INFORMATION CONTAINED IN OR SHOWN BY THE WEB APPLICATION WILL MEET YOUR REQUIREMENTS, EXPECTATIONS OR PURPOSES OR THAT THE OPERATION OF THE WEB APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE WEB APPLICATION WILL BE PROTECTED AGAINST ALL POSSIBLE SECURITY THREATS, INTERNET THREATS OR OTHER THREATS OR INTERRUPTIONS.

10.6 EXCEPT FOR THE WARRANTIES STATED UNDER THIS SECTION 10, SCHNEIDER ELECTRIC SHALL NOT HAVE ANY OBLIGATION TO PROVIDE YOU WITH ANY MAINTENANCE, SUPPORT OR CORRECTION SERVICES IN CONNECTION WITH THE WEB APPLICATION OTHER THAN THOSE YOU AND SCHNEIDER ELECTRIC MAY HAVE AGREED UPON BY WAY OF A SEPARATE WRITTEN AGREEMENT.

10.7 THE WARRANTIES FOUND IN THIS SECTION 10 ARE WITHOUT PREJUDICE TO ANY STATUTORY WARRANTIES AND IN ADDITION TO ANY OTHER RIGHTS AND REMEDIES YOU MAY HAVE UNDER APPLICABLE CONSUMER LAWS to the extent such rights and remedies cannot LEGALLY be disclaimed or excluded.

11. LIABILITIES

11.1 THE USE OF THE WEB APPLICATION SHALL BE UNDER YOUR SOLE RESPONSIBILITY AND AT YOUR SOLE RISK.

11.2 YOUR DOWNLOAD OR UPLOAD OF ANY DATA FROM OR TO THE MOBILE APPLICATION, YOUR CREATION OR MODIFICATION OF ANY DATA IN CONNECTION WITH THE USE OF THE WEB APPLICATION SHALL BE YOUR SOLE RESPONSIBILITY, AS WELL AS ANY USE OF SUCH DATA BY YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF.

11.3 THE EXCLUSION AND LIMITATIONS OF LIABILITY STATED IN THESE TERMS OF USE SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW APPLICABLE TO THESE TERMS OF USE AND DO NOT AFFECT OR PREJUDICE STATUTORY RIGHTS WHICH, AS THE CASE MAY BE, BENEFIT YOU UNDER MANDATORY OR PUBLIC ORDER LAWS OR REGULATIONS (SUCH AS BUT NOT LIMITED TO THOSE LAWS AND REGULATIONS RELATED TO CONSUMERS’ RIGHTS) APPLICABLE IN ANY COUNTRY WHERE YOU WILL DOWNLOAD, INSTALL OR USE THE WEB APPLICATION OR IN THE COUNTRY WHERE YOU HAVE YOUR RESIDENCE AS A CONSUMER.

11.4 LIABILITY LIMITATION.

(A) EXCEPT AS SET FORTH IN SUBSECTION (C) BELOW, IN NO CASE SHALL SCHNEIDER ELECTRIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR CORRUPTION OR LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEB APPLICATION OR RELATED SERVICES OR ANY THIRD PARTY SOFTWARE OR SERVICES IN CONNECTION WITH THE WEB APPLICATION OR RELATED SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SCHNEIDER ELECTRIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN KINDS OF DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

(B) EXCEPT AS SET FORTH IN SUBSECTION (C) BELOW, IN NO CASE SHALL SCHNEIDER ELECTRIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR LICENSORS TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED FIVE DOLLARS ($5 USD). THE FOREGOING LIMITATIOMN SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

(C) THE EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY SET FORTH IN SUBSECTIONS (A) AND (B) ABOVE SHALL NOT APPLY TO:

(i) DAMAGES OR CLAIMS WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW;

(ii) DAMAGES OR CLAIMS ARISING FROM BODILY INJURY OR DEATH; OR

(iii) DAMAGES OR CLAIMS CAUSED BY FRAUD OR INTENTIONAL MISCONDUCT.

12. INDEMNIFICATION

12.1 You guarantee that You shall indemnify Schneider Electric, its Affiliates and each of their respective officers, directors, employees, licensors, contractors, successors and assigns against any and all damages arising from or related to any of the following circumstances: (i) any breach by You of any of Your obligations under these Terms of Use; (ii) any failure by You to comply with any applicable law and/or regulation in connection with Your use of the Mobile Application, (iii) any use of the Web Application with any hardware, software, firmware, operating system or solution not supplied, not recommended or otherwise not approved by Schneider Electric to be used with the Mobile Application; and/or (iv) any modification, alteration or maintenance of the Web Application by anyone other than Schneider Electric without written approval of Schneider Electric.

12.2 Subject to the provisions of Section 11, Schneider Electric will defend and indemnify You against a third-party claim that the Web Application infringes any copyright enforceable in the jurisdiction where Schneider Electric has its registered office or principal place of business, or misappropriates any trade secret protected under the laws of such jurisdiction (the “Included Jurisdiction”), provided that: (i) You notify Schneider Electric of the claim in writing immediately upon the Your awareness of such claim; (ii) Schneider Electric has sole authority and control of the defence of the claim and all related settlement negotiations; and (iii) You provide Schneider Electric with the assistance, information and authority necessary in order for Schneider Electric to handle the defense and settlement of such claim and perform its obligations under this Section 12.2. If the Web Application is held or believed by Schneider Electric to constitute an infringement or misappropriation as per this Section 12.2, then Schneider Electric will have the option, at its expense, to: (i) obtain for You a license to continue using the Mobile Application; (ii) replace or modify the Web Application to make it non-infringing; or (iii) if in Schneider Electric’s sole discretion, it is not economically or commercially reasonable to perform either (i) or (ii) above then Schneider Electric may terminate the license for the infringing Web Application and refund to You the license or other fee (if any) You paid to Schneider Electric for the infringing Mobile Application. Without prejudice to mandatory or public order laws or regulations in the country where You have Your residence as a consumer and to the extent permitted under such laws or regulations, this Section 12.2 states Your sole and exclusive remedy and Schneider Electric’s and its Affiliates’ sole liability for any claim under this Section 12.2.

12.3 To the extent permitted by law including the law of the country where You have Your residence as a consumer, Schneider Electric will not bear or owe You the warranty defined under Section 12.2. of these Terms of Use for any claim that arises out of or relates to: (i) any circumstance defined under Section 12.1, or (ii) Your use of the Web Application after You received the information from Schneider Electric or any competent authority that the Web Application infringes any third-party’s Intellectual Property Right; or (iii) Your failure to use corrections or enhancements made available by Schneider Electric.

13. THIRD-PARTY WEBSITES AND CONTENTS

In case the Web Application enables the User to indicate the web address of, to access to or to create a link providing access to, any third party’s website or third-party’s contents, products, services or information, the User shall, to the extent permitted by law, be responsible and bear all risks associated with the access and use of such third parties’ websites and /or contents, products, services and information. Schneider Electric does not control and is not responsible for such third-parties’ websites or any such third-parties’ contents, products, services and information accessible from or provided through such third-parties’ websites. Any access by the User to third parties’ websites or any use it makes of third parties’ contents, products, services or information through the User’s access and/or use of the Web Application shall be subject to said third parties’ own terms of use or other legal document governing said third-party’s websites, contents, products, services or information.

14. ASSIGNMENT

Your rights and obligations under these Terms of Use may not be sold, sub-licensed, rented, assigned, delegated, transferred or otherwise conveyed by You or Your representatives without Schneider Electric’s prior express written consent. The license granted to You under these Terms of Use is granted in consideration of Your person (“intuitu personae”). Schneider Electric may assign its rights and obligations under these Terms of Use to any Affiliate or to any company Schneider Electric may acquire control of or merge with. Subject to the foregoing, these Terms of Use shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

15. TERM OF CONTRACT - TERMINATION

15.1 The legal agreement formed between You and Schneider Electric pursuant to these Terms of Use, is a contract of indefinite duration which can be terminated by the parties as indicated in Section 15.

15.2 You may at any time uninstall the Mobile Application, without prior notice; such uninstallation will automatically and by right cause the termination of the legal agreement formed under these Terms of Use.

15.3 Either party may terminate the legal agreement formed under these Terms of Use in case the other party fails or breaches any of its contractual, legal or regulatory obligations in the frame of the performance of said legal agreement, or in case the other party infringes any Intellectual Property Rights when accessing or using the Mobile Application.

15.4 You undertake to cease using the Web Application immediately and by right upon the effective date of expiration or termination of the legal agreement formed under these Terms of Use, and to remove the Web Application from any device or medium on which You will have downloaded it. Upon Schneider Electric’s demand, You will provide a written statement that You have taken the measures stated in this Section 15.4.

15.5 Termination by either party of the legal agreement formed under these Terms of Use shall not affect any right or claim that either party acquired before said termination.

16. MISCELLANEOUS

16.1 Schneider Electric is an independent contractor. Each of You and Schneider Electric agree that no partnership, joint venture, or agency relationship exists or is created by these Terms of Use between You and Schneider Electric. Neither You nor Schneider Electric is granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of one another.

16.2 No third-party beneficiary relationship is created by these Terms of Use. These Terms of Use shall not be construed to confer any rights or remedies to any third-party.

16.3 These Terms of Use constitute the entire agreement between You and Schneider Electric in relation to Your right to use the Web Application and replaces any previous agreement or understanding, whether oral, electronic or written, in relation to the same subject matter.

16.4 Should any provision of these Terms of Use be declared invalid or unenforceable by any competent jurisdiction and provided said invalidity or unenforceability does not void the legal agreement formed under these Terms of Use, all other provisions of these Terms of Use shall remain valid and in full force and effect.

16.5 Failure by either party to these Terms of Use to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by such party of any right to enforce these Terms of Use, nor shall any course of conduct between the parties or with any third-party be deemed to modify any provision of these Terms of Use.

16.6 All notices sent in pursuance of these Terms of Use shall be in writing. Notices of a general purpose related to the Web Application shall be given by Schneider Electric on Schneider Electric’s website, the online Web Application stores’ webpage(s) that make the Web Application available for download and/or through the Web Application itself. Notices specifically addressed to You shall be given by Schneider Electric by electronic mail to the electronic address on record in the information You provided when downloading the Web Application or, when applicable, when creating Your user account. Any notice by the User to Schneider Electric shall be in writing and sent by electronic mail to the electronic address or by registered letter to the address of Schneider Electric’s registered office as respectively indicated on the first page of these Terms of Use.

16.7 Headings in these Terms of Use are just for ease of reference and will not affect its interpretation.

16.8 Words expressed in the singular include the plural and vice versa.

16.9 Section 7 “Title and trademarks”, Section 10 “Warranties and disclaimers of warranties”, Section 11 “Liabilities”, Section 12 “Indemnification”, Section 15 “Term of Contract - Termination”, Section 16 “Miscellaneous” and Section 19 “Applicable Law and Disputes Resolution” of these Terms of Use shall survive termination of the contract formed between You and Schneider Electric by these Terms of Use. Furthermore, provisions which by their nature are intended to survive termination of these Terms of Use, shall continue to produce their effects notwithstanding termination of these Terms of Use.

17. AMENDMENT TO THESE TERMS OF USE

Schneider Electric may at any time update these Terms of Use to appropriately reflect our services and practices. Unless provided to the contrary by law, Schneider Electric shall inform You through the Web Application before revising these Terms of Use and shall give you the opportunity to review and, as you may decide, to refuse the revised Terms of Use before it enters into force. Subject to the foregoing, You shall be bound by the revised Terms of Use by effect of your continued use of the Web Application after the revised Terms of Use enter into force.

18. COMPLAINTS BY THE USER

Any complaint from the User to Schneider Electric in relation to the Web Application shall be sent to Schneider Electric by electronic mail to the electronic address indicated on the first page of these Terms of Use. Such complaints shall be processed by Schneider Electric as soon as possible.

19. APPLICABLE LAW AND DISPUTE RESOLUTION

19.1 These Terms of Use shall be governed by the laws of the State of Massachusetts, USA, to the exclusion of its conflict of law rules. To the extent possible, Schneider Electric and You agree that the United Nations Convention on the International Sale of Goods shall not apply to these Terms of Use.

As a consumer, you additionally enjoy the protection afforded to You by mandatory or public order provisions of any law or regulation of Your country of residence for the protection of Your consumer rights.

19.2 DISPUTE RESOLUTION AND BINDING ARBITRATION

(A) YOU AND SCHNEIDER ELECTRIC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND SCHNEIDER ELECTRIC ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF OR INABILITY TO USE THE WEB APPLICATION OR RELATED SERVICES OR THESE TERMS OF USE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH THE CONSUMER ARBITRATION RULES (THE "AAA RULES") THEN IN EFFECT, EXCEPT AS MODIFIED BY THIS SECTION 19.2 (THE AAA RULES ARE AVAILABLE AT ADR.ORG OR BY CALLING THE AAA AT 1-800-778-7879.) THE UNITED STATES FEDERAL ARBITRATION ACT WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS SECTION.

THE ARBITRATOR WILL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO ARBITRABILITY AND/OR ENFORCEABILITY OF THIS ARBITRATION PROVISION, INCLUDING ANY UNCONSCIONABILITY CHALLENGE OR ANY OTHER CHALLENGE THAT THE ARBITRATION PROVISION OR THE AGREEMENT IS VOID, VOIDABLE OR OTHERWISE INVALID. THE ARBITRATOR WILL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN COURT UNDER LAW OR IN EQUITY. ANY AWARD OF THE ARBITRATOR(S) WILL BE FINAL AND BINDING ON EACH OF THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

(B) SCHNEIDER ELECTRIC WILL BE RESPONSIBLE FOR PAYING ANY INDIVIDUAL CONSUMER'S ARBITRATOR FEES. IF YOU PREVAIL ON ANY CLAIM THAT AFFORDS THE PREVAILING PARTY ATTORNEYS' FEES, THE ARBITRATOR MAY AWARD REASONABLE FEES TO YOU UNDER THE STANDARDS FOR FEE SHIFTING PROVIDED BY LAW.

(C) YOU MAY ELECT TO PURSUE YOUR CLAIM IN SMALL-CLAIMS COURT RATHER THAN ARBITRATION IF YOU PROVIDE SCHNEIDER ELECTRIC WITH WRITTEN NOTICE OF YOUR INTENTION DO SO WITHIN 60 DAYS OF YOUR DOWLOADING OR USE OF THE WEB APPLICATION OR RELATED SERVICES WHICHEVER OCCURS FIRST. THE ARBITRATION OR SMALL-CLAIMS COURT PROCEEDING WILL BE LIMITED SOLELY TO YOUR INDIVIDUAL DISPUTE OR CONTROVERSY.

(D) YOU AGREE TO AN ARBITRATION ON AN INDIVIDUAL BASIS. IN ANY DISPUTE, NEITHER YOU NOR SCHNEIDER ELECTRIC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRAL TRIBUNAL HAS NO POWER TO CONSIDER THE ENFORCEABILITY OF THIS CLASS ARBITRATION WAIVER AND ANY CHALLENGE TO THE CLASS ARBITRATION WAIVER MAY ONLY BE RAISED IN A COURT OF COMPETENT JURISDICTION.

(E) IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION WILL BE SEVERED AND THE REMAINING ARBITRATION TERMS WILL BE ENFORCED.

If you are a consumer having Your residence in the European Union or in the United Kingdom, you may bring a claim against Schneider Electric to enforce Your consumer rights in connection with these Terms of Use and/or the Mobile Application, in either of the courts of the country where Schneider Electric has its registered office or the courts of Your country of residence.

If you are a consumer having Your residence in the European Union, the European Commission provides for an online and out-of-court consumers disputes resolution platform, which You can access under the following link: https://ec.europa.eu/consumers/odr.

19.3 To the extent permitted by applicable law at both federal and state levels when applicable, in the country where Schneider Electric has its registered office or principal place of business and/or, as relevant in the context, in the country where you have Your residence as a consumer, You acknowledge and accept that Schneider Electric will be irreparably damaged (and damages at law may be an inadequate remedy) if You breach any provision of these Terms of Use and such provision is not specifically enforced. Therefore, in the event of a breach or threatened breach by You of these Terms of Use, Schneider Electric shall be entitled, in addition to all other rights or remedies, to (i) an injunction or other injunctive relief restraining such breach, without being required to show any actual damage or to post an injunction or other bond; and/or (ii) a decree for specific performance of the applicable provision of these Terms of Use, to the extent permitted by applicable law in the country where Schneider Electric has its registered office or principal place of business and/or, as relevant in the context, where You will access and/or use the Mobile Application, on both federal and state levels when applicable.