You agree to this EZPool license and all other applicable terms, policies, and documents (collectively, the "EZ License") when you download or use the applications, software, features , services and others of EZPool designed and developed to operate solely and exclusively with EZ 1 and EZ 2 (the "EZ Services").
EZ Services only cover EZPool branded hardware, available in specialized retail outlets and on its dedicated software and applications to operate with such hardware. In order to use your EZ 1 and / or EZ 2 you need to download the application EZPool available on our website www. ezpool.app and then create your EZPool account. The communication between EZ 1 and / or EZ 2 and our application is via an internet connection that we do not provide. You must have a wireless internet connection in order to benefit from our EZ Services. The quality of the wifi connection that you will use is not part of our services and is not our responsibility.
You must not, whether directly, indirectly or by automated or other means and at any time: (a) use or attempt to use another user's account without the prior consent of that user and EZPool; (b) impersonate or register on behalf of any person or entity, or falsely declare your affiliation to any person or entity, commit fraud, or publish false or misleading statements; (c) collect information from or about other users in an unlawful or unauthorized manner; (d) use our EZ Services for any purpose other than the intended purpose, or harm, disturb, negatively affect or inhibit other users; (e) damage, disable, overburden or damage our EZ Services; (f) publish, upload or share any unlawful, slanderous, obscene, pornographic, indecent, offensive, suggestive, harassing, threatening, infringing privacy or personality rights, abusive, fraudulent, or in our opinion questionable; (g) distribute viruses, corrupted data or other harmful, disruptive or destructive files or content; or (m) expose EZPool to any type of harm or liability for your acts or omissions.
While we have no obligation to filter or monitor Your Content, we may review, remove or delete all or part of Your Content at our discretion and without notice, especially in cases where other users notify us that said Content infringes this EZ license. If we disable or terminate your account for violation of this EZ License, you will not be able to create another EZPool account without our express written permission.
Our EZ Services allow you to create, publish, store, send and receive content, such as text, images, other documents, (collectively, "Your Content"). You grant EZPool and its affiliates and subsidiaries a transferable, non-exclusive, worldwide license that may be sublicensed to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute and publicly display Your Content that you upload, submit, store, send or receive on or through our EZ Services, solely for the purpose of providing, performing, developing, promoting, update and improve our EZ Services, and for the purpose of researching and developing new services, features or uses. You represent and warrant that you have all the necessary rights to grant us the license of Your Content and that our use of such content, as permitted by this EZ License, will not infringe any rights or cause any harm to anyone. whatever it is.
Except for the above mentioned license that you grant to us, you retain all the rights of ownership and other rights relating to Your Content.
Our license to your place. Provided that you comply with this EZ license, we hereby grant you a non-sublicensable, non-transferable, non-exclusive, revocable and limited sublicense to use our EZ Services only in the extent permitted by this EZ license and subject to the condition that you have paid your annual license fee.
EZPool rights. Except for the express grant of this license mentioned in this EZ license, we do not grant you any other license or any other implicit or other right. Unless otherwise stated, we own all copyright and trademark rights, domain names, logos, presentation, trade secrets, patents and other intellectual property rights associated with our EZ Services.
Limitations. Except as otherwise agreed in writing by EZPool, You must not, whether directly, indirectly, or by any automated means or otherwise: (a) distribute, sell, resell or rent our EZ Services to any third party; (b) distribute our EZ Services or make them available on a network used by multiple devices at the same time, except to the extent permitted by tools and configurations that we have expressly provided for your use through our EZ Services; nor (c) copy, reproduce, distribute, publicly perform or display, modify or create derivative works based on any or all of our EZ Services. You must not, whether directly, indirectly or by automated or other means: (d) withdraw any notices relating to markings or exclusive rights; (e) reverse engineer any aspect of our EZ Services or do anything that could reveal a source code; (f) delete or extract data from our EZ Services; (g) develop or use any application (s) that interact with our EZ Services without our prior written consent; nor (h) create any software or API that operates substantially the same as our EZ Services and offer them for use by third parties in an unauthorized manner.
To report claims for copyright, trademark or other intellectual property rights of third parties, please contact us at the notification address provided below. We may take action on your account, including disabling or suspending it, if you infringe the intellectual property rights of third parties or ours.
Your comments and other suggestions for improvements to our products are always welcome. You agree that all questions, comments, suggestions, ideas, original or creative documents or other information about EZPool or our products or services that you publish, submit or that you communicate (collectively, the "Suggestions") are non-confidential and that we have the right to use and distribute these Suggestions for any purpose, commercial or otherwise, without any acknowledgment or compensation to you.
Conformity. You may use our EZ Services only if you have verified that your use of our EZ Services complies with all legal and regulatory requirements. It is your sole responsibility to determine your legal obligations. Our EZ Services are not intended for professional use but only for private pools. We make no warranties or representations that our EZ Services meet the needs of regulated companies with laws and regulations that have high standards of hygiene, public health or confidentiality, having regard to the data personal character. EZPool is not responsible for your actions or omissions that violate applicable laws.
Security. If you authorize anyone other than you to use your account, login information or the information contained therein, you are solely responsible for it. You are responsible for all activities related to your account. You must: (a) maintain the security of the identifiers of your account; (b) maintain the security of your devices and your EZPool account; (c) prevent unauthorized access or use of our EZ Services; and (d) notify us immediately if you discover or suspect any breach of the security of our EZ Services.
Enabling EZ Services requires that you have paid the annual subscription fee, unless you have an offer to get your first year free.
The monthly subscription fee is listed on our www.ezpool.app website. It is payable in one installment and covers a period of twelve (12) months. Early cancellations are not refundable.
EZ services are provided for a period of twelve months from the anniversary date of the EZ License. One month before the expiry of your EZ License you will receive a notification confirming that the date on which your subscription will be charged for the coming year. You will also receive this notification one week and two days before collection.
In the event of payment default, EZ Services will be suspended until payment of your subscription. After a period of three (3) months suspension, if no payment is made despite requests from EZPool, your account will be deleted.
During maintenance, repair, update or especially in the event of a network or equipment failure, our EZ Services may be temporarily interrupted. We may cease all or part of our EZ Services, including certain features, at any time. Events of force majeure or beyond our control may prevent the completion of our EZ Services, in which case we are not responsible and will do the best to restore our Services.
You understand and agree that EZPool collects, retains, and uses: (a) information from your account and registration; (b) functional, usage and connection information generated by your use of our EZ Services; (c) information on the performance, diagnostics and analyzes recorded in our application as a result of your use; and (d) information relating to your technical requests or other requests for assistance. We may share this information with our affiliates, affiliates, resellers (including pools or sales areas) and will use any information we have to develop, execute, provide, improve, understand, customize, support and market our EZ Services. br />
You agree to the transfer and processing of the information we collect, retain and use under this EZ License, in other countries in the world where we have or use premises, service providers or partners, regardless of the where you use our EZ Services. You acknowledge that the laws, regulations and standards of the country in which your information is stored or processed may differ from that of your country.
You agree that EZPool shares your information, especially if, in good faith and at our discretion, it appears to us to be reasonably necessary in the context of: (a) judicial, administrative or governmental proceedings, (b ) technical or security issues; or (c) the protection of our intellectual property rights.
You have the right to access and rectify your personal data stored in our application and / or software by notifying us of your request to the address indicated below for notifications or on our website www.ezpool.app .
Use. You represent and warrant that you will (a) use our EZ Services solely for the purpose of pool management and swimming pool optimization; (b) provide only accurate information and you (c) are authorized to sign this EZ license and are 18 years of age or over (or the age of majority in your country of residence ).
Recording. You must create an EZPool account by providing accurate, up-to-date and complete information, including your valid phone number, your name, and other information we request. You will need to keep your account information up-to-date. The creation of your account must not result in providing information: (a) false, misleading, deceptive or defamatory; or (b) parody a third party or include character symbols, excessive punctuation or trade-mark designations; and (c) infringing any trademark, violating advertising rights or the rights of any person. We reserve the right to claim the names of accounts on behalf of any holder legally holding these names.
Communication. As part of your relationship with us, you authorize EZPool to use your information to send you electronic communications (such as messages, emails, phone calls, or other) from us or from us. our suppliers or resellers from whom you have purchased EZ 1 and / or EZ 2, including: (a) account notices, password changes, payment authorizations and other transactional information ; and (b) information about products, services, surveys, events, news and promotions offered by EZPool or its partners where permitted by applicable law. If you do not want EZPool to contact you about the information in paragraph (b) above, you may choose not to receive future communications by notifying us at the indicated address. below for notifications, or by clicking on the "unsubscribe" link in any of these communications. Please note, you will not be able to unsubscribe if payment of your license is due.
Equipment. To use our EZ Services, you must provide certain devices, software and data connections that we do not provide. You agree to download and install manually or automatically the updates of our EZ Services according to the notifications you will receive.
Fees and taxes. You are responsible for all subscriber fees for your operator's data service, WiFi connection and internet connection fees and other taxes and fees associated with your use of our EZ Services.
Third party services. Our EZ Services may allow you to access, use or interact with websites, applications, content or other products and services not provided by EZPool. For example, you may choose to use third-party data backup services (such as cloud services) that can be used with some of our EZ Services. We draw your attention to the fact that when you use these other services, their own terms and privacy policies will govern your use of such services. EZPool is not and will not be liable for your use of these services and the consequences of such use.
NOTWITHSTANDING ANY OTHER CLAUSE, YOU ARE USING OUR SERVICES AT YOUR OWN RISK AND PERILS AND SUBJECT TO THE FOLLOWING EXCLUSIONS OF LIABILITY. WE PROVIDE OUR EZ SERVICES "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NON-INFRINGEMENT. ABSENCE OF COMPUTER VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT THE INFORMATION PROVIDED BY OUR CARE IS ACCURATE, COMPLETE OR USEFUL, THAT OUR EZ SERVICES OR ANY OTHER SERVICE WILL BE OPERATIONAL, ERROR-FREE, SECURE OR SAFE, OR THAT OUR EZ OR OTHER SERVICE WILL OPERATE WITHOUT INTERRUPTION, DELAY OR IMPERFECTION. WE ARE NOT OBLIGED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF THE PERSONS WHO USE OUR SERVICES OR OTHER THIRD PARTIES AND ARE NOT RESPONSIBLE FOR IT.
NOTWITHSTANDING ANY OTHER CLAUSE, WE SHALL IN NO EVENT BE LIABLE FOR LOST PROFITS OR FOR ANY CONSEQUENTIAL, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER ARISING OUT OF OUR LICENSE EZ, OUR FACT OR OUR EZ OR RELATED SERVICES IN ANY OTHER WAY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FROM OUR EZ LICENSE, OUR FACT OR OUR EZ SERVICES, OR WHICH IS RELATED IN ANY WAY, WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE LICENSE YEAR PREVIOUS YEAR USE OF OUR SERVICES EZ. THE PRECEDING EXCLUSION OF CERTAIN DAMAGES AND THE LIMIT OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; THEREFORE, IT MAY NOT ALL OR ANY OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE APPLY TO YOU. NOTWITHSTANDING ANY OTHER PROVISION IN THIS EZ LICENSE, IN SUCH CASES THE RESPONSIBILITY OF EZPool OF ITS DIRECTORS, OFFICERS, EMPLOYEES, ASSOCIATES AND AGENTS (THE "EZ PARTIES") WILL BE REDUCED IN MINIMUM DEFINED BY APPLICABLE LAW.
We may modify, suspend or terminate access to or use of our EZ Services, at any time and for any reason, including determining, in our sole discretion, that you (i) violate this EZ License or (ii) create a prosecution risk for us, our users or others. You may terminate the contract for EZ Services at any time for any reason by giving us written notice at the address indicated for the notices below. This termination will take effect the day before the anniversary date of the EZ License and the EZ Services will be effective until the end of the twelve month period for which the subscription has been paid. At the end of this period you will have, without delay, uninstall all copies of applications and software provided by EZPool.
Our communications with You may contain confidential EZ information. EZ's confidential information includes all documents, communications and information we provide to you except information that is or becomes public without your knowledge. You may not disclose our confidential information to any third party and under no circumstances except as required by law by informing us immediately.
THIS LICENSE EZ IS SUBJECT TO FRENCH LAW, AS WELL AS ANY DISPUTE (SET FORTH BELOW) THAT MIGHT ARISE OUT BETWEEN EZPool AND YOU, WITH THE EXCEPTION OF ITS PROVISIONS ON CONFLICT OF LAWS . YOU EXPRESSLY AGREE TO GIVE ANY EXCLUSIVE JURISDICTION FOR ANY CLAIM RELATING TO, RELATING TO OR RELATING IN ANY WAY WITH THIS EZ LICENSE, TO US, OUR EZ SERVICES, OR OUR OTHER PRODUCTS AND SERVICES THAT WE MAY MAKE AVAILABLE ( "CLAIM (S)"), AT THE COURT OF GREAT INSTANCE OF AIX-EN-PROVENCE, INCLUDING ANY REFERRAL PROCEEDINGS OR OTHER INJUNCTIONS OR EMERGENCY PROCEDURES.
We may modify or update our EZ License, including any embedded documents and policies. Changes to the EZ License will take effect on the date these changes are posted. Your continued use of our EZ Services or the payment of your annual subscription confirms your acceptance of the EZ License as modified. If you do not accept the EZ License as modified, you must stop using our EZ Services and delete your account. The EZ License incorporates by reference the policies and documents that could be adopted by EZPool including the data processing conditions.
We may freely assign all of our rights and obligations under our EZ License to any third party in connection with, among other things, a merger, acquisition, reorganization or sale of assets, or by operation of law or otherwise.
If any provision of the EZ License is deemed unlawful, void or unenforceable for any reason, that provision will be deemed severed and severed from the EZ License and will not affect the validity and enforceability of the remaining provisions.
The titles of articles and sub-articles are provided for information only and have no binding effect. Terms such as "including" should be interpreted as meaning "without limitation". This EZ License does not create a mandate, partnership or joint venture between EZPool and you. This EZ License does not confer any rights on third party beneficiaries. Any failure on our part to enforce the EZ License will not be considered a waiver.
Written notices or notices should be addressed to EZPool at the following address:
219 Avenue de Provence
13 730 Saint Victoret