General Sales Terms and Conditions

1. Object and Company
2. Product sales
3. Guarantee
4. "Money-back guarantee" - Cooling off period
5. Customer service
6. Secure payment
7. Delivery
8. Confidentiality and privacy
9. Prices and price lists
10. Duties of MYXYTY and the Customer
11. Liabilities
12. Technical, software and service updates
13. Software licence
14. Service suspension - interruption
15. Service offers
16. Intellectual property
17. Disputes

1. Object and Company

These General Sales Terms and Conditions (T&C) are intended to govern the offers available on the web site and those available on the application web portal (collectively referred to as the "Service Offer") made available by MYXYTY.

1240, route des Dolines

Sophia Antipolis

06560 Valbonne

France

Tel: +33 (0) 820 486 999

Registered at the Grasse registration office under N°: B 424763654 SAS

The offers on the website and the application web portal are combined products and services. They make it possible for a customer to use a private space containing a web interface per product to parameter sensors and relays designed to provide real time alerts and make it possible for the customer to remotely control many multimedia or domotics functions using a mobile phone or a remote PC.

The subscription forms and product and service description sheets are an integral part of these general sales terms and conditions.

Texts and photos not contractually binding. The information on this site may be changed without notice or notification.

Any complete or partial reproduction of the site, using any means whatsoever, is illegal and strictly prohibited unless explicitly authorised by MYXYTY.

MYXYTY reserves the right to unilaterally modify these T&Cs at all times. In this case modifications will be mentioned on the site.

The use of the products and the access to the service following these modifications imply the acceptance of the modified T&Cs.

2. Product sales

2.1 Prior pre-sale conditions

Prior to the purchase of Products and subscription to the Services, the Customer must make sure that they meet the necessary technical prerequisites.

In order to install the Products and use the Services, they must especially have available at the system installation location:

- a broadband internet connection,

- a router (either separate or built into a box) with a permanently powered on Ethernet connection,

- a computer and an operating system ( Windows Vista or Mac OS) with the publisher's latest updates,

- a web browser (Internet Explorer, Safari, Firefox, Chrome) … with the publisher's latest updates

- a GSM network of a sufficient quality to use GPRS communications services if this option is selected and the user

wishes to use it.

To install the cameras, the user must have a computer running a Windows or Mac OS operating system at the latest update level. The cameras will then operate via an Ethernet connection or a WIFI access depending on the selected model.

It is the Customer's responsibility to check the compatibility of their personal equipment (computer(s), smartphone(s), router, switch, CPL adapters, wifi access point, internet box and internet connectivity, firewall, antivirus, software, etc.) with the Products and the use of the services. Ordering the Products, installing them and using them, or subscribing to the Services implies that the customer acknowledges that their equipment meets the technical prerequisites. MYXYTY declines all liability in the event of the failure to operate or the malfunction of personal equipment or its incompatibility with the supplied Products and Services. Similarly, no cancellations or terminations of orders due to incompatibility shall be accepted.

The Customer must take all measures for software and network configurations, as well as connections to Internet, telephone and electricity services, or any other required connections to be permanently in normal working order. They must also take all suitable measures to protect their own data and/or software from contamination by viruses circulating on electronic communications networks, and especially the Internet.

The equipment (computer, software, telecommunications resources, etc.) used to access the Services are at the exclusive expense of the customer, as are the communications costs generated by their use.

2.2 Ordering

MYXYTY especially proposes products for sale on its web sites and in its documentation in compliance with article L 111-1 of the French Consumer Code, for which the potential buyer has the possibility of knowing the essential characteristics of the products they wish to acquire from the company before making a final purchase order.

The buyer acknowledges having read and accepted these T&Cs without reserve before paying for their order.

All orders made online or to the customer department are the subject of a confirmation email sent to the address given by the buyer with the purchase order. The email is considered to be a Purchase Order. MYXYTY cannot be held liable for incorrect addresses. In the absence of an email address, MYXYTY reserves the right to reject the order.

MYXYTY reserves the right to cancel or refuse any Customer orders, especially from Customers with which there is a dispute concerning a previous failure to pay.

All sold products explicitly remain the property of MYXYTY until full payment is received both in principal and accessory.

3. Guarantee

The products sold on the website are guaranteed (parts and labour) for 24 months starting from the purchase date. This guarantee does not cover damage resulting from physical damage to the products, their incorrect use, negligence or alterations to the appearance or operation of the equipment in question.

It is the Customer's responsibility to keep the packaging and accessories supplied with the product, as well as the labels placed on the product and/or its packaging. The customer must return defective equipment at their own expense (transport + insurance) in suitable packaging with all the original accessories (equipment damaged during transport is not covered by the guarantee)

In compliance with the French order 2005-136 of 17 February 2005, and with article R211-4 of the French Consumer Code, these measures cannot release MYXYTY from the statutory guarantee it is subject to for hidden defects. This clause is only applicable if the order has been fully paid for.

In the event of a claim, especially for theft with or without breaking and entering, the purchaser cannot make a claim to MYXYTY under the guarantee

for liability for direct or indirect damages suffered for any reason whatsoever.

All items are covered by the statutory guarantee of conformity (L 211-1 and following of the French Consumer Code) and by a hidden defect guarantee (articles 1641 and following of the French Civil Code) which allow the consumer to return delivered defective items.

This guarantee covers part replacement, part guarantee, labour, part transport, replacement or refund of the equipment (if the seller or manufacturer recognises that the repair is not possible, or if the repair is too expensive, replacement by the same model or a similar model). It should be noted that this guarantee does not cover the replacement of normal wear parts (batteries, read heads, etc.) or parts of which the wear has been caused by abnormal use of the equipment (professional use, use by a collectivity) It also excludes failures caused by an incorrect connection of the equipment or the failure to follow the user instructions, an impact, incorrect use or incorrect maintenance, causes external to the equipment (lightning, water damage, etc.) or caused by a change in the Wifi or local network configuration that was originally defined

by the manufacturer of the broadband box or router supplied by the Internet Service Provider (ISP)

-Article L211-4 of the French consumer code

The seller has a duty to deliver goods that are compliant with the contract and is liable for compliance defects existing at the time of delivery. They are also liable for compliance defects resulting from the packaging and installation instructions.

-Article L211-5 of the French consumer code

To be compliant with the contract, the product must:

Be fit for the use usually expected from similar goods and, where applicable:

- correspond to the seller's description and have the properties the seller put forward to the buyer,

- have the qualities that a buyer can reasonably expect following the public statements made by the seller, especially in advertising or on labels;

Or have the properties mutually agreed by the parties or be fit for all special purposes sought for by the buyer, made known to

and accepted by the vendor.

-Article L211-12 of the French consumer code

The statute of limitation for compliance defect actions is two years starting from the delivery of the goods.

-Article 1641 of the French Civil code

The vendor is bound by the guarantee due to the hidden defects in the sold item which render it unfit for the purpose for which it was designed or which reduce this usage to such an extent that the buyer would not have purchased it, or would have paid a lower price, if they had known.

-Article 1648 section 1 of the French Civil code

The proceedings for redhibitory defects must be undertaken by the buyer within two years of the discovery of the said defects.

4. "Money-back guarantee" - Cooling off period

MYXYTY does everything in its power to provide quality service.

We propose a simple and clear approach.

If you are not satisfied with a product or a service (corresponding to the paying service) that you have ordered, in compliance with applicable legislation, you have the right to withdraw from this contract without giving any reason within a period of fourteen days.

In the event of product orders, the withdrawal period expires fourteen days following the date on which you, or a third party other than the transporter, physically take possession of the goods.

In the case of an order for services, the deadline expires fourteen days after the date you made the purchase, since the services become available immediately following the purchase. To exercise this right of withdrawal you must notify us [Giving your name, address, telephone number and email] of your decision to withdraw from this contract by means of a clear and unambiguous statement (for example a letter sent by post or an email)

You can use the withdrawal form template available in the appendix(N.B this withdrawal form is not a return voucher) or you can contact us by email or telephone and we will indicate the procedure to follow. As soon as your request is received we shall immediately send you an acknowledgement of the receipt of your withdrawal by email or by letter.

In the case of a withdrawal following a product order, the refund amount shall be calculated using the value of the item on the date it was purchased and the shipping costs incurred by the purchase (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery mode we propose). The refund shall be made without excessive delay and, in all cases, at the latest fourteen days from the date we are informed of your decision to withdraw from this contract.

For a withdrawal following an order for services, the refund amount shall be calculated using the value of the service offer at the time of purchase minus the amount corresponding to the pro-rated cost of the use of the services until the date of withdrawal. The refund shall be made without excessive delay and, in all cases, at the latest fourteen days from the date we are informed of your decision to withdraw from this contract.

We make the refund using the same method of payment that you used for the initial transaction unless youexplicitly agree to another means of payment; in all cases the refund shall not lead to any costs for you.

We may defer the refund until we have received the goods, or until you have supplied proof that the goods have been sent,the applicable date being the first of these in time.

You must send back or return the goods to us at the following address: MYXYTY, 1240 route des Dolines, Sophia Antipolis, 06560 Valbonne, France , without excessive delay and in all cases, at the latest fourteen days after having informed us of your decision to withdraw from this contract. The deadline is considered to have been respected if you send the goods before the fourteen day deadline has expired

Returned products :

- They must not have been used

- They must be in their original packaging

- They must not be damaged

You are only liable for the loss in value of the goods resulting from handling other than that required to establish thenature, characteristics and correct operation of the goods.

If you requested that the services be provided during the cooling off period, you must pay us an amount that is proportional to what you have received until the moment you informed us of your withdrawal from this contract, for all the services defined in the Contract.

References:

Articles L121-16 to L121-23 of the French consumer code in their version resulting from the 17th March 2014 Consumer Act applicable since 13th June 2014

5. Customer service

To contact the Customer service, technical support or the complaints department the Customer can:

- Send an email to:

contact@MYXYTY-support.com

- Contact the hotline from Monday to Friday from 9:00 to 12:00 and from 14:00 to 18:00 (UTC+1)

+33 (0)492383529

To be valid and to be taken into account, all correspondence must include documentary evidence and the Customer must provide their customer references (login, email address and mobile phone number given when the service was subscribed to).

6. Payment

The purchase of a product or the subscription to a service are reserved to persons of legal age or to legal entities (hereafter referred to as the Customer). The Customercertifies having the power, the authority and the capacity to enter into and perform the duties defined in this document.

The Customer undertakes to follow the steps of the process to create their account. They must fill in all the fields making it possible to identify them.

During the order process or the process to subscribe to a service, the Customer accepts the general sales terms and conditions by ticking the box provided for this purpose. This validation and electronic signature is considered to be the acceptance of the T&Cs applicable at the time the product is purchased or the services subscribed to.

6.1. Method of payment

The payment of the order for a product or a service shall be one of those proposed by the site. Payment of subscriptions or of bespoke services are only possible by means of a bank card.

In the event of payment by bank card, MYXYTY cannot be held liable if it has not been informed of a change in the customer'scircumstances. In the event of the death of the Customer, it is the executors' responsibility to terminate the subscription under the conditions defined in article 5.5.

Early payments do not entitle to a discount. All started months are fully payable if the subscription is interrupted for any reason.

6.2 Payment using a secure web site

logo-cb-cgv_1.jpg

All our transactions are secured using the PayBox system which uses the PCI DSS standard, which is currently the strictest in terms of security. All payment phases between the customer and PAYBOX are fully encrypted and protected. Your bank card details are encrypted at your end and then directly sent to the bank site which decrypts them and manages direct debit authorisations. Encryption codes are changed frequently.

- your bank card number does not transit over the internet without being encrypted,

- the web site does not receive your bank details, this is why they are requested each time you order on the site.

- the transaction is fully secured using latest generation SSL (Secure Socket Layer) data encryption technology.

6.3 payment defaults

In the event of a failure to pay an invoice, and for any reason whatsoever, the invoice amount shall be legally surcharged by the payment rejection processing costs (bank charges and additional management fees such as debt collection follow-up and chase-up phone call costs, costs due when re-processing rejected direct debits) and may also generate late payment penalties equal to 1.5 times the legal interest rate.

On failure to pay the full amount on its due date, and 15 days after notice to pay without result, Paying services shall be suspended and the contract terminated, all amounts already paid shall remain with MYXYTY, which further reserves the right to suspend access until the full payment of the amounts due by the Customer. The Customer shall remain liable for all outstanding invoices on the termination date.

7. Delivery

Product orders shall only be processed after confirmation by the banking partner that the payment is effective, or after the effective receipt of the amounts by bank transfer.

Your order is shipped in a solid packing box in which the products are protected.

In the event of a stock shortage, MYXYTY reserves the right to fulfil the order in several shipments without the Customer having the right to cancel the order or to claim any compensation other than the right to withdraw during the cooling-off period defined in the T&Cs.

Delivery shall be made by a transporter (Colissimo) within an average time of 48 working hours in Metropolitan France; within 5 to 7 working days for French overseas territories (1); within 4 to 8 working days for foreign countries (1). (delivery times indicated by the transporter in working days) not including unforeseeable events Delivery times do not include order processing times which are usually 24 hours.

Orders made on Saturdays or Sundays are processed on the Monday morning.

The Customer can request the order to be delivered to the nearest post office to their address, in one of the transporter's partner drop-off points

or directly to their address indicated on the order.

If you are not at home when the delivery is made, you will find a notice in your letterbox notifying that you can collect your parcel from the nearest Post Office.

If, for any reason, MYXYTY is unable to fulfil an order, the Customer shall be informed immediately and

MYXYTY shall refund the order using the method of payment used by the Customer to pay the order.

The products sold on the site can only be delivered in Metropolitan France, Germany, Italy and the United Kingdom.

8. Confidentiality and privacy

MYXYTY undertakes to fully respect your privacy.

MYXYTY undertakes never to communicate, sell or lease your data (postal address, email address, telephone number) to any other party.

In compliance with the French Data Privacy Act of 5th January 1978, you have a right to access and rectify your personal data. To do so, contact us (giving your last name; first name and email address).

Either using our Support page

Or by sending a letter to the following address: MYXYTY

1240, route des Dolines

Buropolis 3

Sophia Antipolis

06560 Valbonne

France

9. Prices and price lists

Prices are given in Euros including VAT: € incl. VAT.

All taxes, levies, customs duties or other dues that may apply to the order are to be paid by the Customer. MYXYTY reserves the right to

change its prices at all times without notice. The price applicable to the Customer is the price indicated in the price list document that was used or mentioned on the site by the customer when purchasing the product or the service.

In application of European tax law, the place the services are provided is France. This is why the 20% VAT rate applicable in

France is applied to invoices for services.

These prices do not include fixed processing costs (postage and packing costs according to applicable prices).

They include the VAT applicable on the order date. Any changes in the applicable rate may be carried over to product prices.

However, prices cannot be changed once customer orders have been confirmed.

Similarly, if one or more taxes or contributions, especially environmental, were to be created or amended, either by an increase or a decrease, this change may be carried over to the purchase price for the items presented on the MYXYTY web site and on the sale documents. The prices indicated on the web site are guaranteed while they are online.

The user must furthermore pay a fixed amount corresponding to a participation in order processing costs (unless they benefit from a special offer in which these costs are waived), the amount of which shall be indicated on the order form before it is validated. This participation depends on the ordered items.

Paying service offers, which may be subscribed to by the Customer, are payable in advance for a period of 1 (one) year and only by bank card.

10. Duties

10.1 MYXYTY's duties

The service is available 24 hours per day and seven days per week, except for interruptions, scheduled or not, for maintenance or force majeure. As part of its duty to provide resources, MYXYTY cannot be held liable for any damage of any type resulting from the unavailability of the service.

MYXYTY cannot be held liable for:

- eventual malfunctions in mobile phone operator networks or I.S.P. (Internet Service Provider) networks of which you are the user leading to

a malfunction in the solution proposed by MYXYTY.

- constraints linked to the place of use that may restrict or hinder radio transmissions, as well as the failure to follow installation and usage instructions.

10.2 Duties of the customer

The Customer undertakes to the use offer they have subscribed to in the manner for which it was designed and sold. To this effectit is reminded that the services proposed by MYXYTY are not security or closed circuit surveillance systems as defined by the 12th July 1983 Act.

The service is neither designed, manufactured nor intended to be used or sold to control dangerous equipment requiring safety procedures in the event of a breakdown, systems for which the failure of the software could lead to death, injury, financial losses, loss of reputation or deterioration of the environment or "High risk activities'. MYXYTY declines any liability in the event of a claim for damages resulting from the use of the Service in such situations.

It is also reminded that the Service cannot be set up to film or capture images in public places governed by articles 10 and following of the French 21st January 1995 Act N° 95-73 which notably subjects closed circuit television surveillance systems to authorisation from French Prefectures.

It is also the Customer's responsibility to collect the explicit authorisation from all persons the images of which are captured by the cameras installed on private premises, and to comply with the rules applicable to employer/employee relationships in compliance with articles L 1121-1 and following and L.

2313-2 and following of the French labour Code. MYXYTY cannot be held liable for damaging consequences suffered in this respect by third parties,

the user guarantees MYXYTY against all claims or proceedings of this type.

Furthermore, the Customer accepts not to use the service to transmit any content that might be shocking, unacceptable, illegal or contrary to the privacy of third parties, copyright or other property rights. For confidentiality reasons, MYXYTY cannot preview content, but has the right to delete any content, camera or account that is in breach of these usage conditions.

Furthermore, the Customer is solely liable for the payment of all amounts due for the supply of the Service and for the performance of all the duties subscribed to by this contract.

The Services are supplied in consideration of the Customer's person. The latter undertakes not to sell or send to a third party, in any form whatsoever, the benefit of the use of their MYXYTY account unless the Customer Department has given prior explicit permission.

11. Liabilities

MYXYTY has set up all the resources required for the Service to operate correctly, for its security, for installation redundancies and takes all necessary steps to guarantee the continuity and quality of the Service.

MYXYTY's liability cannot be claimed in the following cases:

- actions or omissions of other Service providers (including but not limited to Internet Service Providers and Mobile phone

Operators);

- the incorrect use of the Service or of any equipment since they are not under MYXYTY's control;

- in the event of contamination by viruses and/or intrusions into the Customer's information systems by third parties vie the or via the application portal

- malfunctions caused by the sole acts of the Customer;

- force majeure;

- in the event of a use of the Service by the Customer that is not compliant with the present conditions;

- in the event of legal proceedings against the Customer due to their illegal use of the Service provided by MYXYTY.

- if the Customer supplies incorrect data about themselves or if the data becomes obsolete.

MYXYTY neither declares nor guarantees that the Products cannot be compromised or suffer a bypass of protective measures, nor that the Products will prevent any bodily damage or damage to property, burglary, theft, fire or other event, nor that the products will provide suitable warning or protection in all cases. The Products are not a guarantee against the risk of burglary or fire.

In all events, MYXYTY cannot be held liable for direct, indirect, special or ancillary damages or damages resulting from the use of the Service, the delay or the incapacity of using the service. This includes, but is not limited to, damages for the loss of property, the loss of data, sick leave, failure or malfunctions, or any other commercial damages or losses.

12. Technical, software and service updates

For the purpose of improving quality of service, MYXYTY may make technical modifications, or update software and Services. These updates can, in the interests of the Customer, be of a mandatory nature.

The Customer will be informed of any scheduled or imposed modifications and of the procedure to follow for mandatory software updates.

13. Software licence

MYXYTY grants the Customer a non exclusive and non transferable usage licence for the downloadable software, for private and non commercial use, which licence shall be terminated when the service contract is terminated or the service discontinued. The Customer is explicitly prohibited from making copies or carrying out any decompiling, de-assembling, retro-technical operations, or any techniques that are comparable in their methods and effects.

MYXYTY remains the exclusive owner of the software and reserves itself the authorship in compliance with the terms of the French Intellectual Property Code and international treaties, within the limits of the same rights that may belong to third parties.

14. Service suspension - interruption

Access to the Service may be legally suspended without notice without the Customer having the right to any compensation in the following cases:

- Absence of, or false declaration by the Customer as to their identity when subscribing to or purchasing the Service,

- Force majeure as defined by the French courts,

- Fraud or attempted fraud by the Customer,

- Partial or total failure to pay an invoice on the due date featured on the invoice and, after reminders, remaining unpaid for the indicated period,

After having contacted the Customer, MYXYTY reserves the right to limit access to the Service without the Customer having any rights to claim compensation:

- In the case of abnormal use of the Service,

- In the case of a change of address not indicated on the web account.

When the cause of the suspension or restriction has not been removed after fifteen (15) days following the said service suspension or restriction, the Service shall be legally terminated without the Customer having any right to compensation.

15. Service offers

 

Following the purchase of their equipment, the Customer can use and configure their solution using the home.intwo.biz. application portal

They can thus benefit from the full Myxyty service and subscribe to the different proposed offers or options depending on their needs, directly from their user account.

The available offers accessible to the Customer are:

 

 

"First" offer

This offer includes the following services:

-       Remote access to their solution 24*7 using the home.intwo.biz/ web portal

-       Elimination of a doubt by viewing videos and/or images taken by the camera(s) in real time,

-       Regular programming of their solution and unlimited scenario use,

-       Unlimited use of  email and IOS push notification alerts,,

-       Video recording on secure servers1

 

 

"Secure" offer

This offer includes the following services:

-       Remote access to their solution 24*7 using the home.intwo.biz/ web portal

-       Elimination of a doubt by viewing videos and/or images taken by the camera(s) in real time,

-       Regular programming of their solution and unlimited scenario use,

-       Unlimited use of text, phone call, email and IOS push notification alerts,,

-       Video recording on secure servers1

-       The switch of the solution to GSM network in the event of an internet network failure (broadband) (on condition that SFR network coverage is available)2

 

"Full" offer

This offer includes the following services:

-       Remote access to their solution 24*7 using the home.intwo.biz/ web portal

-       Elimination of a doubt by viewing videos and/or images taken by the camera(s) in real time,

-       Regular programming of their solution and unlimited scenario use,

-       Unlimited use of text, phone call, email and IOS push notification alerts,,

-       Video recording on secure servers1

-       Permanent operation of the solution on the GSM network (on condition that the SFR network is available)2

 

Customers who have subscribed to a paying offer or the Free offer may, at all times:

-       Upgrade their service: Switch from a "Secure" offer to a "Full" offer".

-       The switch is effective immediately, as soon as the Customer's payment is validated. This switch will generate

updated invoicing taking into account the periods covered by each subscribed offer and pro-rated ccordingly.

Paying offers are subscribed to for one firm calendar year, tacitly renewable for identical periods unless terminated with two (2) calendar months notice prior to the expiry of the current period. During the notice period, the Customer is liable for the payment of the Subscription until its effective expiry.

 

For any termination of a paying offer ( "Secure" or "Full") the Customer must send a letter to Myxyty indicating the reasons for the termination (non renewal of the offer or special cases such as described below), the solution serial number, their name, first name and the documentary proof of special cases where applicable.

 

Special cases:

-       Case of force majeure: events or unforeseeable cases that are outside of the Customer's control and usually considered as such

by French case law (natural disaster, etc.),

-       The removal of the Customer to a country not covered by the solution

-       A physical disability rendering the use of the service impossible, or death.

-

The deadline for the termination to be taken into account will be fifteen (15) working days from the date the termination request and all the documentary

evidence, where applicable, is received.

 

In the event of an effective technical impossibility of assuming the Service, or in the case of the failure to fulfil the Customer's contractual duties, Myxyty may unilaterally and legally decide to terminate or modify the Service without any other formality than a notification to the Customer by registered letter with acknowledgement of receipt.  The Customer shall remain liable for the payment of previously issued invoices and cannot make any claims for compensation following this termination.

 

The backup of video data is subject to different regulations in each country. Thus, the backup on our servers will be thirty (30)

days for France, the United Kingdom and Germany and 24 (twenty four) hours for Italy.

2 When the solution is running on the GSM network, only an upload of images (JPEG) can be achieved.

 

 

 

16. Intellectual property

 

All the elements featured on this Intwo.biz or home.into.biz web site (logos, photos, texts, graphic charter, etc.) are protected by the French intellectual property code and by the French civil code and are the property of MYXYTY. Consequently, none of these elements may be represented, downloaded, copied, sent, translated, sold, or operated commercially or free of charge or reused in any way without the prior permission of MYXYTY.

 

 

 

17. Disputes

 

This contract is governed by French law. All disputes relative to the interpretation or performance of this contract shall be taken to the competent courts.

 

Claims processing / Mediation
To resolve a dispute following a purchase on www.intwo.biz, consumers can also use mediation platform of the European Union at the following address: www.ec.europa.eu/odr