DotVision Terms and Conditions of Use 

These Terms of Use (TOU) govern the use of DotVision services including the Internet of Things (IoT) platform named BlueForest provided by DotVision. By accessing DotVision platforms and using DotVision services, you agree to the terms and conditions set forth below. Please read these terms and conditions carefully before using our services. 

Acceptance of Terms 

By using our platforms, you acknowledge that you have read, understood and accepted all the terms and conditions of these TOU and, where applicable, our Special Terms of Use. If you do not accept these conditions, please cease all use of our services. 

Authorized Use 

You agree to use the IoT Platform only for lawful purposes and in accordance with these TOU. You agree not to use the platform in any way that could compromise the security, integrity or availability of our services. 

User account 

To use the DotVision services available, you must create a DotVision Connect user account and complete a registration form. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “User Data”) and (b) maintain and promptly update the User Data to keep it accurate and current.  

You agree that DotVision may use your User Data to provide services on the Site and the Applications that correspond to the interests you have communicated to us. If you provide information that is inaccurate or out of date, or DotVision has reasonable grounds to suspect that the information provided is inaccurate or out of date, DotVision has the right to suspend or terminate your account and refuse any and all current or future use of the Application and the Site. With respect to your use of our services, you represent that you are of legal age to form a binding contract and that no applicable law prohibits you from receiving services. 

By creating a DotVision account, you agree to the following information being stored for an unlimited period of time (unless the account is deleted at your request or at DotVision’s discretion): 

– Your last name, first name, gender, date of birth, nationality, telephone number, e-mail address, profile photo, category. 

– Your Google, Facebook and/or Microsoft account ID numbers, if you choose to link your DotVision account to them. 

You are responsible for maintaining the confidentiality of your login information and any activity on your account. In the event of unauthorized use, you must notify us immediately. 

Connected objects 

The use of our connected objects is subject to specific conditions defined in the corresponding purchase or rental contract. You agree to respect these conditions and not to alter, modify or attempt to circumvent the security features of the connected objects. 

When the services are activated, sensor data is sent live or recorded to DotVision servers, provided that a connection is established between the device and these servers. 

You agree that the data can be accessed and viewed in your personal or organizational account. 

This data also includes information about the devices and their status. 

DotVision keeps the data for a minimum of 1 year. This data can be deleted at the explicit request of the user. 

Data protection 

We collect and process data in accordance with our privacy policy, which is available on our website. By using our platforms, you consent to the collection and processing of your data in accordance with this policy. 

User behaviour 

You are personally responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer, phone or tablet while logged on to the Application. You agree that you are responsible for all activities that occur under your account. We endeavor to take reasonable security measures to protect your account from unauthorized access. However, we cannot guarantee the absolute security of your account, your Content or the personal data you provide, and we cannot certify that our security measures will prevent hackers from illegally accessing the Platforms and its Content. You agree to immediately notify DotVision of any unauthorized use of your account or password, or any other breach of security, and you also agree to accept all risks of unauthorized access to User Data and any other information you provide to DotVision. 

You agree that all information, data, text, software, sound, photographs, graphics, video, messages, tags or other materials (“Content”), whether publicly posted or personally transmitted, available through the Platforms is the sole responsibility of the person or organization to which the Content belongs. In other words, you, and not DotVision, are entirely responsible for the Content that you upload, post, transmit or otherwise make available through our services. DotVision does not control or monitor the Content posted on the Site by users and therefore cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using our services, you may be exposed to Content that is offensive, indecent or objectionable. DotVision shall not be liable in any way for any Content, including, but not limited to, any missing or inaccurate Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available on our services. 

You agree not to use our services to: (a) upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, indiscreet, hateful or racially, ethnically or otherwise objectionable; (b) harm any minor in any way; (c) impersonate any person or entity, including, but not limited to, a DotVision representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret or other proprietary right of any party; (f) upload, post, e-mail, transmit or otherwise make available any unauthorized or unsolicited promotional or advertising materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; (g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, programs or files designed to steal data or interrupt, defeat or limit the functionality of any computer software, hardware or communications equipment; (h) interfere with or disrupt DotVision’s platforms, services or servers, or violate any requirements, procedures, policies or regulations of networks connected to the Services; and/or (i) intentionally or unintentionally violate any applicable local, state, national or international law. 

You agree that DotVision may choose whether or not to pre-screen or monitor Content and that DotVision and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content made available through our services. Without limiting the foregoing, DotVision and its designees shall have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable. You agree that you must exercise your own judgment and bear all risks in connection with the use of any Content available through our services, including your reliance on the accuracy, completeness or usefulness of such Content. 

You understand and agree that DotVision may access, preserve and disclose your User Data and other Content if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that the Content violates the rights of third parties; (d) respond to customer service inquiries; or (e) protect the rights, property, or safety of DotVision, its users, or the public. Subject to the foregoing, DotVision will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information. 

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer or sell for any commercial purpose any portion of our services, use of our services or access to our services. You are also prohibited from creating derivative works from any part of our site or applications. 

Content posted on the Platforms 

DotVision does not claim ownership of the Content you may post or make available on the Platforms.  

The Platforms may allow you to make certain types of Content that you post private, or to restrict access to certain users. When posting Content on the Site and the Applications, if you choose at the outset to make the Content private or to limit access to a group of users, DotVision will guarantee the confidentiality of the Content in accordance with your choice. However, if you do not choose to make the Content private or limit access to a group of users, or if you later decide that the Content may become accessible to the public, DotVision cannot guarantee the confidentiality of such Content. 

Links 

The DotVision Service may provide links to other Web sites or resources. DotVision has no control over such sites and resources and you agree that DotVision is not responsible for the availability of such external sites or resources, and DotVision does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. 

Proprietary Rights 

You agree that the DotVision Services and the Content available on the DotVision Platforms contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted under applicable law or as authorized by DotVision or third-party service providers or applicable advertisers, you agree not to modify, rent, lease, sell, distribute or create derivative works based on the services and the Application or the Content available (other than Content you may submit), in whole or in part. 

DotVision grants you a personal, non-transferable and non-exclusive right to access and use the Services provided that you refrain from and prevent any third party from copying, modifying, creating a derivative work of, reverse engineering, reverse assembling or otherwise attempting to discover any source code, selling, assigning, sublicensing, granting a security right or otherwise transferring any right in the Platforms. 

The terms DotVision, BlueForest, BluePanda, BlueLeaf, DotVision Connect, DotVision Motion, DotVision MyMotion, Spoony, Aloha, Pumba, Holi, the DotVision logo and other DotVision product names, services and logos are proprietary trademarks of DotVision and are owned by DotVision. You may not use these trademarks in any manner without DotVision’s prior written consent. Any third-party trademarks or service marks displayed on the Platforms are the property of their respective owners. 

Limitation of liability and warranty 

The information, software, products, services and content available on our services are provided to you “as is” without warranties of any kind (except as expressly provided herein). DotVision and its subsidiaries, affiliates, officers, employees, agents, partners and licensors hereby disclaim all warranties with respect to such information, software, products, services and content, including, but not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. DotVision and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no representations that (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, error-free or secure; (c) the results that may be obtained from the use of the Service are accurate or reliable; (d) the quality of any products, services, information or other materials purchased or obtained by you through the Service will meet your expectations; and (e) any errors on the Platform will be corrected. 

DotVision cannot guarantee the accuracy and quality of sensor data, which depends on the environment in which the device is installed. 

Nor can DotVision guarantee live data transmission. Poor network reception, or the limitation or impossibility of data transmission on the device, are all factors beyond DotVision’s control. 

Finally, DotVision cannot guarantee the service life of stand-alone (battery-powered) devices. This depends on the capacity of the battery used by the device and its consumption, which in turn depends on a number of parameters. The times of use announced are estimates and must not be considered as guaranteed times of use. 

Modifications to the GCU 

We reserve the right to modify these TOU at any time. The modifications will take effect as soon as they are published on the platform. It is your responsibility to consult the T&Cs regularly to stay informed of any changes. 

Applicable laws 

The Platforms are controlled by DotVision from its offices in France. Any action related to our services, the Content or the General and Special Terms is governed by the laws of France. You hereby agree to submit to the exclusive jurisdiction of the state courts for any legal action related to DotVision services or the General and Special Terms and Conditions. 

General terms and conditions of sale 

The general and special conditions of sale are available on the Site at the following address: 

CGV – DotVision

CPV – DotVision

By using our platforms, you accept these Terms of Use.