TERMS OF USE (ONE CONNECTED SERVICES)

If you click the “I accept” button:

• you accept the Terms of Use and agree to be legally bound by its terms; and
• you represent and warrant that you have the right and capacity to enter into the Terms of Use, and that you are duly authorized as a User by the Customer.

1.1 These Terms of Use (the “Terms of Use”) set forth the terms and conditions to be accepted by users (“Users”) of either the Connected Services (as defined in the Agreement) as provided by the Electrolux Professional Group, a global provider of appliances and equipment for professional use within the food, beverage and laundry segments. The “Supplier” as used herein shall mean the relevant Electrolux Professional Group entity providing the Connected Services (Electrolux Professional S.p.A., Italy, or any other entity with Electrolux Professional Group). The Connected Services are available for use with selected professional smart appliances from the Supplier (“Smart Appliances”).

1.2 In order to use the Connected Services, the User shall (a) be duly authorized as a User by the respective company it represents (below the “Customer”), (b) be properly registered as an User in the Connected Services platform interface, and (c) accept these Terms of Use in the Connected Services platform interface.

1.3 The Customer’s rights, and thereby also the User’s rights, to use the Connected Services follows from separate terms and conditions agreed between the Customer and the Supplier (the “Agreement”).

1.4 By accepting these Terms of Use, the User (a) agrees to comply with its terms at all times when using the Connected Services, and (b) acknowledges that any breach thereof by the User will be considered a breach by the Customer of the Agreement.

1.5 These Terms of Use are supplemented by the terms of the Supplier’s at each time applicable terms of use on website and/or the App (as defined in the Agreement), and (where applicable) the applicable terms of use of the third-party platforms from which the Customer downloads the App for use with the Connected Services, such as Apple App Store or Google Play.

2.1 The User shall register a personal User account, with a unique, named user identity and a related password), unless the Supplier exceptionally has permitted the Customer to use generic User identities for certain identified purposes, e.g. product service and maintenance.

2.2 The User shall (a) ensure that his/her login credentials are only used by him/her only when logging in and using the Connected Services (unless, as set forth above, the Supplier has permitted the Customer to use generic User identities for certain defined purposes), and (b) keep confidential all login credentials, security measures and other information provided by the Supplier for access to the Connected Services.

3.1 The User shall:

(a) follow all instructions for use by the Connected Services as communicated by the Supplier from time to time,
(b) not grant access to or otherwise make the Connected Services available to any unauthorized party,
(c) not use the Connected Services in any manner that may lead to failure in the Connected Services, security risks or risks of damage to the Connected Services, the Customer or the Smart Appliance, or other customers or other third parties,
(d) not perform any unauthorized copying or distribution of software, documentation or other materials owned by the Supplier,
(e) interfere with or interrupt, or attempt to interfere with or interrupt the Connected Services or the operation thereof in any way,
(f) impersonate any person, business, entity, or IP address,
(g) not circumvent or break the Supplier’s security measures for the Connected Services, or access (or attempt to access) the Connected Services or any Smart Appliance by any means other than through the interface provided by the Supplier, or otherwise gain or attempt to gain unauthorized access to the Connected Services, including by reverse engineering or installing firmware not approved by the Supplier,
(h) frame or mirror any portion of the Connected Services, or incorporate any portion of the Connected Services into any other product or service without the Supplier’s express prior written consent,
(i) access the Connected Services in order to build a similar or competitive service or product,
(j) except as follows from mandatory legislation, reproduce or in any other way multiply, reverse-engineer or decompile the software included in the Connected Services,
(k) use any robots, spider, applications or other automatic device or process to systematically retrieve, index, “scrape,” “data mine” or otherwise gather data or content from the Connected Services,
(l) change, damage, or delete any content provided by the Supplier,
(m) reproduce the Connected Services, its structure or presentation, without the Supplier’s prior written consent, or
(n) use the Connected Services for uploading or distributing any content, which may risk infringing any third party intellectual property rights, or which includes any viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs, or otherwise is a security risk, or which is in violation of applicable laws.

3.2 The User acknowledges and agree that the Supplier may temporarily suspend or restrict the User’s access to the Connected Services, (a) in case of the User’s breach of these Terms of Use, or the Customer’s breach of the Agreement, (b) in case of security risks or if the supply of the Connected Services may imply risks of damage to the Connected Services, the Customer or the Smart Appliance, or other customers or other third parties, or (c) in case of the Customer’s failure to timely pay the agreed fees for the Connected Services.

The Supplier will, acting as a controller under applicable data privacy legislation, process certain personal data in relation to the User for the purpose of supplying the Connected Services according to the Agreement and for the administration of the contractual relationship with the Customer. The Supplier will process all such personal data in accordance with applicable data privacy legislation, and in accordance with the Supplier’s data privacy statement and cookie policy, as available from time to time at https://www.electroluxprofessional.com/data-privacy-statement/ and https:// www.-electroluxprofessional.com/cookie-policy/.

The Supplier and/or its licensors are the owners of all right, title and ownership to the Connected Services and the Smart Appliances, including all materials contained therein such as texts, images, graphic designs, software code, inventions, content and other materials, and all thereto related trademarks and other intellectual property rights.

These Terms of Use shall be valid as long as the User is registered for use of the Connected Services and will in any event expire upon the termination or expiry of the Agreement. Terms in these Terms of Use which obviously are intended to apply also after the termination or expiry of the Agreement, shall survive the termination or expiry of the Agreement irrespective of cause.

7.1 The Supplier hereby disclaims, to the maximum extent permitted by applicable mandatory law, all liability for any cost, loss or damage incurred by the User through use of the Connected Services, whether direct or incidental, special, indirect or consequential, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to the User’s use of or inability to use the Connected Services. The Supplier’s liability for the Connected Services is exclusively regulated in the Agreement with the Customer.

7.2 The User specifically acknowledges and agrees that even though the Connected Services may include functionality for monitoring of Smart Appliances, the Customer must not rely on the Connected Services (or any information, alerts, warnings or other communications that may be displayed by the Smart Appliances or the Customer user interface for the Connected Services or otherwise generated from the Connected Services) to prevent accidents, damage, fire, injury, or other hazards or damage to the Smart Appliances, their surroundings where they are installed and operated, Users or other third parties. The Customer is liable for operating the Smart Appliances safely and to maintain its Smart Appliances in good working order. Failure to do so may result in damage to the Smart Appliances or property, bodily harm, and/or serious injury or death. The Supplier expressly disclaims any cost, loss or damage caused by any failure by the Customer to operate the Smart Appliances safely and to maintain its Smart Appliances in good working order.

The Supplier may, at any time and at its sole discretion, update these Terms of Use. Any such update of these Terms of Use will be published on the Supplier’s website https://www.electroluxprofessional.com/ and will enter into force immediately upon such publication without need for prior notification to the User.

These Terms of Use shall be governed and construed in all respects in accordance with the substantive laws of Sweden without regard to its principles governing conflicts of laws. Any dispute, controversy or claim arising out of or in connection with these Terms of Use shall be referred to Swedish general courts with Stockholm District Court as first instance.