III. Account creation
IV. Use of the website and restrictions
VI. Use of personal data
Links to websites or applications operated by third parties may be provided by Devialet. Use of these websites or applications is at your own risk as the content available on the linked websites and the applications are not under the control of Devialet. Devialet disclaims all liability regarding your access to and use of such linked websites or applications.
VIII. Intellectual property
IX. Software Updates
Any software proposed by Devialet and which is used by you may be updated or replaced by software updates or system restore software (“Software Updates”). By using the Devialet products or Services, you agree to Devialet making, at its own discretion and at any time, available future Software Updates that may be automatically downloaded and installed onto your Devialet product(s).
X. Disclaimer of warranties
According to the maximum extent permitted by law, the Service is provided on an « as is » and « as available » basis for your use, without warranties of any kind, either express or implied. This includes without limitation the warranties of merchantability, fitness for your particular purpose, title, non-infringement. Devialet does not warrant the accuracy, completeness or reliability of any content available on the site or its performance. Use of Service is at your own risk. Devialet does not guarantee that the Service will be available at the times or place of your choosing, or that the Service will be uninterrupted or free of error. Devialet makes no warranty that the Service are free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of implied warranties in certain circumstances, so the above exclusion may not apply to you. If you are a customer who is a consumer (not a professional client) you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SERVICE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DEVIALET HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DEVIALET DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SERVICE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD-PARTY SERVICES, AS WELL AS DEVIALET PRODUCTS AND SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEVIALET OR A DEVIALET AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
XI. Limitation of Liability
Devialet liability shall not be excluded or limited in case of death or personal injury, fraud, or anything which cannot be excluded or limited by applicable law. Devialet shall not be liable to you whether in contract, tort including negligence or any other theory of liability, and whether or not the possibility of such damage or losses has been notified to Devialet for (i) any indirect, incidental, special or consequential damages, (ii) any loss of income, business, actual or potential profits, goodwill or opportunity, (iii) any damage resulting in loss of data, (iv) any failure to provide Devialet accurate account information or to keep your account details secure and confidential.
XIII. Geographic scope
The Services are operated by Devialet from its office in Paris, France. Other Devialet services may be operated from different territories throughout the world. Devialet reserves the right to limit the provision and/or quantity of any feature, product or service offered on the Services to any person or territory.
XIV. Governing law
The Services are operated by Devialet from its office in Paris, France and you accept that French laws apply to the Services. The fact that certain technical elements used in the operation of the Services may be located elsewhere does not in any way affect the full submission of the Services to French laws.
Last update: 31 October 2019