Thanks for choosing ImperiHome (“ImperiHome”, “we”, “us”, “our”). By signing up or otherwise using the ImperiHome service, websites, and software applications (together, the “ImperiHome Service” or “Service”), or accessing any content or material that is made available by ImperiHome through the Service (the “Content”) you are entering into a binding contract with ImperiHome.
The use of ImperiHome is requesting technical specifications:
- For devices (tablet or Smartphone) under Android operating system : Android 4.03 version or more,
- For devices (tablet or Smartphone) under iOS operating system: iOS 7.1 or more.
In order to use the ImperiHome Service and access the Content, you need to (1) be 18 or older (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where ImperiHome is available. You also promise that any registration information that you submit to ImperiHome is true, accurate, and complete, and you agree to keep it that way at all times.
2 Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements according section 12.
3 Enjoying ImperiHome
ImperiHome offers a catalogue of data from referenced connected objects, Open Data data or Smart City services integrated within the ImperiHome platform/application. ImperiHome allows you to control your connected objects by connecting with your authorization to the manufacturer’s API.
3.1 ImperiHome Free :
The ImperiHome service that does not require payment is currently referred to as the “Free Service”.
You can access a limited amount of free data from connected objects, open data or services using the free version of the application. The services are limited and ImperiHome reserves the right to modify at any time the content of its service and in particular its application. Advertisements may appear.
3.2 ImperiHome Premium:
Unlimited integration of objects, data or services requires payment. Unlimited access after payment is currently referred to as “Premium Service” (or collectively, the “Paid Subscriptions” or “Paid Plans”).
In addition, ImperiHome may offer you optional services that do not fall within the scope of the Free Service or the Premium Service. These services will be the subject of a separate contract.
If you have purchased or received a code, gift card or offer provided or sold by or on behalf of ImperiHome to access the ImperiHome Service (“Code” or “ID Code”), terms and conditions separate from those presented to you with the Code may also apply to your access to the Service and you agree to comply with these terms and conditions.
From time to time, we or others on our behalf may offer trials of Premium Srevice for a specified period without payment or at a reduced rate (a “Trial”). ImperiHome reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some Trials, we’ll require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR IMPERIHOME ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR IMPERIHOME ACCOUNT BEFORE THE END OF THE TRIAL. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR IMPERIHOME ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR IMPERIHOME ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, IMPERIHOME WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
4 Rights we grant you
The ImperiHome Service and the Content are the property of ImperiHome or ImperiHome’s licensors. We grant you a limited, non-exclusive, revocable license to make use of the ImperiHome Service, and a limited, non-exclusive, revocable license to make personal, non-commercial, entertainment use of the Content (the “License”). This License shall remain in effect until and unless terminated by you or ImperiHome. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the ImperiHome Service or the Content.
The ImperiHome software applications and the Content are licensed, not sold, to you, and ImperiHome and its licensors retain ownership of all copies of the ImperiHome software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
All ImperiHome trademarks, service marks, trade names, logos, domain names, and any other features of the ImperiHome brand (“ImperiHome Brand Features”) are the sole property of ImperiHome or its licensors. The Agreements do not grant you any rights to use any ImperiHome Brand Features whether for commercial or non-commercial use.
5 Third Party Applications
The ImperiHome Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that ImperiHome does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
6 User-Generated Content
ImperiHome users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, playlist compilations, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the ImperiHome Support Community as well as any other part of the ImperiHome Service.
You promise that, with respect to any User Content you post on ImperiHome, (1) you have the right to post such User Content, and (2) such User Content, or its use by ImperiHome as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by ImperiHome or any artist, band, label, entity or individual without express written consent from such individual or entity.
ImperiHome may, but has no obligation to, monitor, review, or edit User Content. In all cases, ImperiHome reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in ImperiHome’s sole discretion, violates the Agreements. ImperiHome may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. ImperiHome is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST IMPERIHOME RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD IMPERIHOME HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
7 Rights you grant us
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the ImperiHome Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the ImperiHome Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed, provided to or otherwise made available by ImperiHome (e.g. podcasts) may contain advertising as part of the Content. In such cases, ImperiHome will make such Content available to you unmodified.
If you provide feedback, ideas or suggestions to ImperiHome in connection with the ImperiHome Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize ImperiHome to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant ImperiHome a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
8 User guidelines
ImperiHome respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure ImperiHome stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the ImperiHome Service or the Content, or otherwise making any use of the ImperiHome Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the ImperiHome Service or the Content or any part of it;
- using the ImperiHome Service to import or copy any local files you do not have the legal right to import or copy in this way;
- transferring copies of cached Content from an authorized Device to any other Device via any means;
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the ImperiHome Service, Content or any part thereof unless permitted by applicable law;
- circumventing any technology used by ImperiHome, its licensors, or any third party to protect the Content or the Service;
- selling, renting, sublicensing or leasing of any part of the ImperiHome Service or the Content;
- circumventing any territorial restrictions applied by ImperiHome or it licensors;
- artificially increasing play count or otherwise manipulating the Services by using a script or other automated process;
- removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the ImperiHome Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- providing your password to any other person or using any other person’s username and password;
- “crawling” the ImperiHome Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from ImperiHome; or
- selling a user account
Please respect ImperiHome, the owners of the Content, and other users of the ImperiHome Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of ImperiHome or a third party;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- uses automated means to artificially promote content;
- involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the ImperiHome inbox;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by ImperiHome;
- links to, references, or otherwise promotes commercial products or services, except as expressly authorized by ImperiHome;
- interferes with or in any way disrupts the ImperiHome Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or ImperiHome’s computer systems, network, usage rules, or any of ImperiHome’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- conflicts with the Agreements, as determined by ImperiHome.
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your ImperiHome account. You also agree that ImperiHome may also reclaim your username for any reason.
Please be thoughtful about how you use the ImperiHome Service and what you share. Remember that shared or publicly available information may be used and re-shared by other users on ImperiHome or across the web, so please use ImperiHome carefully and be mindful of your account settings. ImperiHome has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
9 Service limitations and modifications
ImperiHome will make reasonable efforts to keep the ImperiHome Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, ImperiHome reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the ImperiHome Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the ImperiHome Service or any function or feature thereof. You understand, agree, and accept that ImperiHome has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. ImperiHome and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
10 Customer support
For customer support with account-related and payment-related questions (“Customer Support Queries”), you can access to our technical support on line dbase https://imperihome.zendesk.com/hc/en-us
You can also submit a ticket to our Customer Service department using the Customer Service https://imperihome.zendesk.com/hc/en-us/requests/new or send a Email firstname.lastname@example.org
We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
The Premium customers will get an answer within 72h by Email.
11 Export control
ImperiHome’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from ImperiHome under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreements.
12 Payments and cancellations
The Premium Service can be purchased directly from ImperiHome or through a third party, such as applications store Google Play (Android) or Apple Store (iOS), either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the ImperiHome Service for a specific time period (“Pre-Paid Period”).
If you have purchased a Premium Service using a Code, your Premium Service will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service. When you register for a Paid Subscription, Trial, or Code online, you consent to get access to ImperiHome Premium immediately.
Unless your Premium Service has been purchased as a Pre-Paid Period, your payment to ImperiHome will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements before the end of the current subscription period, we will not refund any subscription fees already paid to us. The refund method will depend upon the payment method.
If you have purchased your Premium Service through a third party, your subscription is also subject to the terms of your agreement with that third party (in addition to these Terms). To cancel your subscription, you must cancel directly with that third party.
For Apple Store :
English : https://support.apple.com/en-us/HT202039
For Google Play :
If you have purchased your Premium Service directly from ImperiHome, you can cancel your subscription in your online account:
ImperiHome uses the secure payment platform Stripe, www.stripe.com
ImperiHome may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the ImperiHome Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the ImperiHome Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
13 Term and termination
The Agreements will continue to apply to you until terminated by either you or ImperiHome. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason.
Subscription to a Package commits you to the period of the Package and you cannot terminate the contract during the period of the Package.
In the case of Subscriptions, you may terminate the Contracts at any time for no reason. In such a case you will not be reimbursed for the current month.
ImperiHome may terminate the Agreements or suspend your access to the ImperiHome Service at any time, including in the event of your actual or suspected unauthorised use of the ImperiHome Service and/or Content, or non-compliance with the Agreements. If you or ImperiHome terminate the Agreements, or if ImperiHome suspends your access to the ImperiHome Service, you agree that ImperiHome shall have no liability or responsibility to you, and ImperiHome will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your ImperiHome account :
For Apple Store :
English : https://support.apple.com/en-us/HT202039
For Google Play :
To cancel your ImperiHome account following a purchase made from ImperiHome, you must log into your online account:
This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
Any sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
14 Warranty and disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE IMPERIHOME SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE IMPERIHOME SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IMPERIHOME AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER IMPERIHOME NOR ANY OWNER OF CONTENT WARRANTS THAT THE IMPERIHOME SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, IMPERIHOME MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE IMPERIHOME SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT IMPERIHOME IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE IMPERIHOME SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM IMPERIHOME SHALL CREATE ANY WARRANTY ON BEHALF OF IMPERIHOME IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
15 Limitation and time for filing
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE IMPERIHOME SERVICE IS TO UNINSTALL ANY IMPERIHOME SOFTWARE AND TO STOP USING THE IMPERIHOME SERVICE. WHILE IMPERIHOME ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO IMPERIHOME, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL IMPERIHOME, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE IMPERIHOME SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER IMPERIHOME HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE IMPERIHOME SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO IMPERIHOME DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits ImperiHome’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST IMPERIHOME MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION (24.2.1) OR FILING AN INDIVIDUAL ACTION UNDER SECTION (24.2.2) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
16 Third party rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and ImperiHome, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and ImperiHome only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
17 Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and ImperiHome, the Agreements constitute all the terms and conditions agreed upon between you and ImperiHome and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the ImperiHome Service may be governed by additional agreements. That could include, for example, access to the ImperiHome Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on ImperiHome’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
18 Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by ImperiHome or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive ImperiHome’s or the applicable third party beneficiary’s right to do so.
ImperiHome may assign the Agreements or any part of them, and ImperiHome may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold ImperiHome harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the ImperiHome Service; and (4) your violation of any law or the rights of a third party.
21 Choice of law, mandatory arbitration and venue
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of France.
22 Contact us
If you have any questions concerning the ImperiHome Service or the Agreements, please contact ImperiHome Customer Service at https://imperihome.zendesk.com/hc/en-us/requests/new
1047 Route des Dolines
Allée P Ziller