USE TERMS AND CONDITIONS FOR “TECNOSYSTEMI” APP

Date: February 2023

Tecnosystemi App (” APP ”) is managed by Tecnosystemi, with registered office in Via dell’Industria, 2/4  in Vittorio Veneto, VAT N° 02535780247 (“ Tecnosystemi ”, “ we ”, “ us ”).

PLEASE CAREFULLY READ THE USE TERMS AND CONDITIONS OF THE APP BELOW (“ T&Cs ”)   BEFORE USING.

These T&Cs shall apply once you (hereinafter “ User ”) you log into the App after registration, so as  to use the App and the relevant Services, as defined below.

Therefore, when registering in the App you will be required to accept these T&Cs (“ Acceptance ”).  Failure to Accept means you will not be able to use the App and the Services. We reserve the right to fully or partially periodically change or update these T&Cs at our own  discretion. We will always publish the updated version of these T&Cs in the App and we will  indicate the date of “Latest update” so that it reflects the date of changes. Please read these T&Cs  periodically to take note of any changes made by us, which are binding for you. At your first  access, after a significant change has been made to the T&Cs, you will be once again requested  to Accept an updated version of the T&Cs. Failure to accept the reviewed T&Cs, means you will  not be able to use the App and the Services.

1. Accessing the App, registration and subscription to Services

1.1 The App is a versatile interface designed to offer complete control of the PROAIR MULTIZONE  system and Tecnosystemi's PICO devices installed inside a building. The App is compatible with  ProAIR systems equipped with POLARIS 3X - 4X - 5X control unit and with the PICO family BASIC,  PRO and PRO + models, which can be viewed at www.tecnosystemi.com

The App will allow you, after registering your specific account, to manage your air ducting,  heating and air conditioning system from anywhere at any time.  

Through the PROAIR MULTIZONE system control services (hereinafter referred to as the  " Services "), you will be able to:

- Switch the temperature control system on/off.

- Set the system's operating mode.

- Monitor the room temperature of each zone.

- Define desired temperatures for each zone.

- Switch individual zones on/off.

- Adjust the air flow of individual vents per zone.

- Adjust the fancoil speeds per zone.

- Adjust the opening/closing of valves for the floor system.

- Define time bands for each zone (up to 4 per day) and their desired temperatures.
- Rename devices and controlled zones.

- Carry out guided installation and device updates.

- Implement remote or local control.

- Monitor the operational status of the system and receive notifications in the event of faults.

Through the PICO system control services you will be able to:

- Switch PICO devices on/off

- Set the operating mode of the associated devices.

- Configure operating modes

- Rename controlled devices and zones.

- Carry out guided installation and device updates.

- Implement remote or local control.

- Monitor the operational status of the system and receive notifications in the event of faults.

1.2. You are compelled to take all measures required to allow you to download the App. You must  register in the App for you to be able to access the Services, using an email address and a  password (“ Account information ”). You must maintain the confidentiality and security of your  account information. In addition, you accept exclusively take the risk for all activities carried out  relating thereto (including the activities of people who access the App using your account

information). Please notify us should you suspect or be aware of any unauthorised use of your  account information. Any information and data submitted by you to us must be accurate, true  and up to date.

1.3. Services are generally not intended for underage users or adults under guardianship. If you  are still underage or under guardianship, please do not use the App, do not register, and do not  use the Services. Should we learn that you do not meet the age requirements (or that you  submitted a false statement on your age when registering), we will delete your registration and  cease providing the Services in question with immediate effect. We would like to notify parents  and guardians of children or adults under guardianship using the App that it is important that  they inform the minors or adults under guardianship in question, depending on the case, of the  online security requirements and of the potential risks.

2. Privacy notice and cookie policy

2.1 Our privacy notice governs the use and processing of personal data that we collect or that is  submitted to us by you through the App. Before uploading or submitting any personal data in  this App, please carefully read the Privacy notice available on our website.

2.2 The App does not use cookies to monitor browsing preferences.

3. Using the App

3.1 By using the App you undertake not to:

- submit false or otherwise misleading information or use another person’s identity;
- use the account of any other person without the account owner's permission;
- use the App in any way that could disable or damage the App, jeopardising the availability or  accessibility of the App or reducing the efficiency of the App;

- circumvent or try to circumvent the security measures of the App and tamper with the  technology on which the App is based;

- acquire or try to acquire any information, material or document not intentionally provided by  the App through any means (such as personal data, financial information, confidential  information or sensitive information of another type);

- breach any applicable law;

- use the App for unlawful purposes or in ways that could result in breaching third party rights;
- upload, publish or submit in another manner through the App any content that:
o is misleading, harmful, threatening, improper, harassing, defamatory, offensive, violent,  obscene, pornographic, vulgar, calumnious, inappropriate from a racial, ethical, religious point of  view or other points of view;

o creates grounds for unauthorised disclosure of personal data or confidential information; o breaches intellectual property rights of any individual;

o contains viruses or other forms of malware.

3.2 We reserve the right to delete your registration, and/or block your account and/or decline,  limit, suspend or revoke your access to the App and to the Services at any time, without notice  and without responsibilities towards you, if by using the App you breach any of its obligations  pursuant to these T&Cs or any other provision under these T&Cs, without prejudice to any other  remedy at our disposal pursuant to the applicable law and these T&Cs.

4. Intellectual property rights

4.1 The App and all the information and the materials included in the latter, including design,  layout, look, appearance, graphics, organisation of the content of the App, photographs, images,  illustrations, text, font, videos, music, sound, audio clip, logos, trademarks - registered or not registered , figurative or not figurative - all other marks, service marks, trade names, business or  company names, domain names and URLs, software (“ Content ”) are owned by us and are  protected by applicable copyright, trademarks, patent laws or other intellectual property laws  worldwide. We reserve all the rights listed above.

4.2 Any use not explicitly permitted under these T&Cs is forbidden. Unauthorised use of the App  or its content could result in breach of applicable intellectual property laws or other laws.

5. “AS IS” and “AS AVAILABLE” disclaimer

5.1 The App and the Services are provided as they are, without any guarantee of good operation.  Therefore, Tecnosystemi is not obliged to issue any update and is not compelled to remove any  programming defects relating to the App or the Service.  

Tecnosystemi undertakes to take any reasonable measures to maintain the accessibility and  functionalities of the App and of the Services, without guaranteeing constant, ceaseless and  secure access thereto. Therefore, Tecnosystemi shall not be held liable for any delay or  dysfunction in accessing or using the App and/or the Service.  

5.2 The user acknowledges that access to the App and use of the Services may be occasionally  impeded for operations relating to repair, maintenance or introduction of new tools,  functionalities or services. In these cases, Tecnosystemi undertakes to restore access to the App  and to the Service as soon as this is reasonably possible.  

5.3 To the extent allowed by the applicable law, Tecnosystemi does not offer any guarantee or  commitment, and does not issue any statement to the effect that the App and/or Services will  meet the User’s expectations, achieve the results expected by the User, will be compatible or will  operate with any other software, application, system or service, will work ceaselessly, will meet  any performance or reliability standard or will be error-free or that any error or defect may or will  be corrected or that the App, its servers and the Services are free of viruses, scripts, trojan horses,  worms, malware, timebombs or other harmful components.

6. Limitation of liability

6.1 By accepting, the User:  

(i) states and guarantees that all the data submitted by him/her are correct, accurate and  appropriate to prove the identity of the User;  

(ii) understands that he/she cannot use data belonging to another person with the aim of using  the identity thereof;  

(iii) takes responsibility for the correctness and truthfulness of the personal information  submitted when registering for and using the Services and undertakes to hold Tecnosystemi  harmless and indemnified from any claim for damages, payment for compensation and/or  penalties stemming from and/or in any manner related to breach the obligation of truthfulness  and completeness of the submitted information by the User;  

(Iv) also takes the responsibility for any action taken through the Services, both directly and  through third parties authorised by the User;  

(v) understands that he/she can use the Services solely and exclusively for lawful purposes.  Therefore, breach, or attempted breach of the security of the App and of the Services by the User  is prohibited;  

(vi) takes responsibility for improper use of the Services and that, in this case, Tecnosystemi has  the right to suspend it at any time and without notice should the aforementioned use result in  damage or disruption to third parties or breach these T&Cs.  

7. Applicable law and Jurisdiction

7.1 These T&Cs are governed under the laws of Italy.  

7.2 Any dispute arising from the interpretation, conclusion, application, implementation of the  Service and/or of the T&Cs shall be exclusively brought before the court of the consumer, pursuant  to the Italian Legislative Decree n° 206 dated 6 September 2005.

8. General provisions  

Any invalidity or non-applicability of any of the clauses contained in the T&Cs shall not invalidate  others, which will remain fully valid and effective; the provision declared invalid or not applicable  shall be deemed unenforced. Should Tecnosystemi delay in exercising or fail to exercise its due  rights, this shall not be deemed as waiver of these rights. In addition, partially exercising the right  shall not preclude the full exercise thereof or the exercise of any other right in future.  

9. Contacts

For any queries relating to these T&Cs, App and Services, please contact using one of the methods  below:

- By mail: Tecnosystemi S.p.A. Società Benefit Via dell’Industria, 2/4 – 31029 Vittorio Veneto TV - By calling 0438 500044

- By email to info@tecnosystemi.com