DEVIALETUser Terms and Conditions

The websites accessible at www.devialet.com and www.devialet.cn and the Devialet mobile applications are published by Devialet (“Devialet” and/or “we”), a simplified joint-stock company registered with the Paris Trade and Companies Register under number 502 155 682, whose registered office is located at 10 place Vendôme, 75001 Paris, France, represented by Mr. Jacques Demont, acting as President.

Our intra-community VAT number is FR 22502155682.

You can reach our customer service team through the Help Center tab in the Support section of our website (“Customer Service”).

Our websites are hosted by Bearstech, located at 122 rue Amelot, 75011 Paris, France (Phone: +33 1 70 61 40 30).

Our mobile applications are available on the Apple App Store and Google Play.

For convenience, our Terms of Use are available in several languages. In case of any difference in interpretation, the French version shall prevail.

I. Purpose and Scope

These Terms of Use (“Terms” or “Terms of Use”) are intended to define the conditions under which Devialet (“Devialet”, including its subsidiaries) provides you with access to all Devialet services (the “Services”), available through:

• The websites accessible at www.devialet.com and www.devialet.cn (the “Websites”),
• The Devialet and Gemini mobile applications (the “Devialet Apps”).

These Services include user account management, access to product information, configuration and control of Devialet products (speakers, amplifiers, accessories), as well as access to associated features.

By accessing the Services, you acknowledge that you have read and unreservedly accepted these Terms. If you do not accept these Terms, please do not use the Services.

Devialet reserves the right to amend these Terms at any time to reflect legal, regulatory, technical, and/or editorial developments. Devialet will notify you of any such changes by any reasonable means.

The effective date indicated at the top of this document reflects the date of the latest update. Continued or repeated use of the Services after changes are published constitutes acceptance of the revised Terms. If you do not agree with the modifications, please stop using the Services.

II. Account Creation and Management

Access to certain features of the Services requires the creation of a user account. To do so, you agree to provide accurate, complete, and up-to-date information.

You are solely responsible for maintaining the confidentiality of your login credentials and for all activities carried out through your account. Any access, use of the Services, or data transmission made from your credentials will be deemed to have been performed by you. Devialet cannot be held responsible for any fraudulent use of your account.

Any loss, misappropriation, or unauthorized use of your credentials, and any consequences thereof, are your sole responsibility. If your credentials are lost or stolen, you must inform Devialet without delay via the contact feature built into the Devialet Apps or via the contact forms on the Websites. Devialet will then cancel or update the relevant credentials.

You may delete your account or modify your preferences at any time by accessing the dedicated section within the Services.

By creating an account, you declare that you are of legal age and have the legal capacity to enter into a contract. If you authorize a minor to use your account, you assume full responsibility for their actions.

III. Personal Data

The use of the Services involves the collection and processing of certain personal data, in accordance with the Devialet Privacy Policy, available at any time on the Websites or through the Devialet Apps.

IV. Intellectual Property

You acknowledge that all content, software, interfaces, graphics, logos, videos, texts, scripts, and other elements used as part of the Services are protected by intellectual property rights owned by Devialet or its partners.

No part of the Services may be reproduced, modified, rented, lent, sold, distributed, or exploited in any way without the prior written consent of Devialet, beyond what is expressly permitted under these Terms.

You agree not to circumvent or attempt to circumvent any technical protection measures implemented by Devialet.

V. Updates

Devialet may, at its sole discretion, carry out updates of:

• The Websites,
• The Devialet Apps,
• Devialet connected products (software or firmware updates).

These updates may include patches, improvements, or functional changes, without prior notice.

VI. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Services are provided "as is" and "as available", without any warranty of any kind, express, implied, or statutory.
This includes, without limitation, implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, compliance, or non-infringement.

Devialet does not guarantee that:

• The use of the Services will be uninterrupted or error-free,
• The results obtained from the use of the Services will be accurate or reliable,
• Any defects will be corrected,
• The Services will be compatible with all third-party hardware or software.

Use of the Services may affect the availability or compatibility of certain third-party software or services.

No information or advice, whether oral or written, obtained from Devialet or through the Services shall create any warranty not expressly set forth in these Terms.

If you are a consumer in a country where the law provides for specific rights that cannot be limited by contract, these limitations will not apply to the extent prohibited by such laws.

VII. Limitation of Liability

To the fullest extent permitted by law, Devialet shall not be liable for:

• Indirect, incidental, special, or consequential damages,
• Any loss of profit, revenue, data, business, or opportunity,
• Any damage resulting from the use or inability to use the Services,
• Any interaction with third-party services enabled through the Services,
• Any defects or errors in the configuration of connected products,
• Losses related to interruptions or temporary unavailability due to maintenance or any other cause beyond Devialet’s reasonable control.

Devialet shall not be held liable for any bodily injury or material damage resulting from improper use of the products or associated services.

Devialet’s liability shall not be excluded or limited in the event of death or bodily injury caused by its negligence, or for any liability that cannot legally be excluded.

VIII. Core Features of the Services

The Services allow you, among other things, to:

• Manage and control Devialet products linked to your account,
• Adjust volume, audio modes, equalizer (EQ), and night mode,
• Configure multiroom and stereo pairing settings,
• Select audio sources (Bluetooth, AirPlay, Spotify Connect, etc.),
• Activate or deactivate third-party services (Alexa, Google Cast, etc.),
• Access software updates for products,
• View product information (firmware, serial number, network, etc.),
• Make online purchases in accordance with the applicable Terms and Conditions of Sale,
• Access tutorials or links to third-party applications.

IX. Product Locking

Devialet reserves the right to remotely disable a product (“locking”) in the following cases:

• At the request of a customer in the event of loss or theft;
• Upon a duly documented report by an authorized third party (such as a distributor, carrier, or logistics service provider mandated by Devialet) when an incident occurs before delivery to the end customer, including in cases of theft, loss, misappropriation, or confirmed non-delivery of the product.

In such cases, Devialet may temporarily lock the product, rendering it partially or completely unusable, in order to prevent fraudulent use.

This locking is strictly reversible and may be lifted:

• Upon return of the product or confirmed delivery to the end customer;
• Upon Devialet’s decision, after verification.

The locking process is implemented in compliance with applicable personal data protection and property laws.

X. Suspension or Termination of Services

Devialet reserves the right to suspend or terminate your access to all or certain features of the Services if you violate these Terms or engage in actions that could cause harm to Devialet or a third party.

XI. Embedded Software

Some Devialet products contain software, firmware, or software components developed by Devialet or third parties (“Embedded Software”).

Use of Embedded Software is subject to these Terms and any specific license or usage terms applicable to the relevant software, which you agree to comply with.

a. License of Use

The end user is granted a personal, non-exclusive, non-transferable, and limited right to use the Embedded Software solely within the Devialet product on which it is preinstalled or downloaded.

This license does not transfer any intellectual property rights over the Embedded Software.

The Embedded Software is linked to the corresponding Devialet product and may not be transferred, copied, or installed on another device, even in the event of resale, transfer, or replacement of the original product.

b. Restrictions 

Unless otherwise required by law, the end user may not:

• Modify, reproduce, decompile, disassemble, or reverse-engineer the Embedded Software;
• Extract its source code or software components;
• Circumvent or alter any technical protection or security measures implemented by Devialet or its partners.

c. Warranties and Liability 

To the fullest extent permitted by law, the Embedded Software is provided “as is” and “as available,” without any warranty, express or implied, including satisfactory quality, fitness for purpose, or non-infringement.

Neither Devialet nor its partners guarantee uninterrupted or error-free operation or compatibility with any other hardware, software, or service.

To the extent permitted by law, Devialet and its partners shall not be liable for any direct or indirect damages arising from the use or inability to use Embedded Software, except in cases of gross negligence or willful misconduct.

d. Third-Party Services and Licenses

Some Embedded Software may provide access to services or features provided by third parties (e.g., Chromecast built-in, Alexa, Spotify Connect).

Use of these services is subject to the terms of use of the respective developers, which you agree to accept and comply with.

These third-party providers may revoke or suspend licenses, activation keys, or access at any time without involvement or liability from Devialet. Devialet shall not be liable for any interruption, limitation, or removal of such third-party services.

e. Third-Party Rights

Holders of intellectual property rights in Embedded Software are expressly recognized as third-party beneficiaries of these provisions and are entitled to enforce them directly against any end user.

XII. Notifications and Alerts

The Services may send you notifications relating to your products or your Devialet account.
Some notifications are subject to your prior consent.

XIII. Incident Reports

You can report an incident or malfunction through the bug report feature integrated in the Devialet Apps or via the contact forms on the Websites.

XIV. Bloctel

Devialet informs you that you have the right to object to any telephone solicitation by registering on the official French “Bloctel” list at www.bloctel.gouv.fr.

XV. Governing Law and Jurisdiction

These Terms of Use are governed by French law.

In the event of a dispute, an attempt at amicable resolution will be preferred before any legal action is taken.

If no amicable agreement can be reached, the competent courts shall have jurisdiction in accordance with the applicable rules of jurisdiction.