MOBILE APPLICATION TERMS AND CONDITIONS

1. These terms and conditions determine the general conditions, rules and provision methods of electronic services by AZZARDO Sp. z o.o. located in Poznań via AzzardoWifi mobile application (further referred to as: ‘Mobile Application’).

Article 2 - Definitions

1. Mobile Application – means a computer software installed on the User’s mobile device, through which the Service Provider provides electronic services.

2. Password – means a sequence of letters, digits and other characters selected by the User during Registration with the Mobile Application, used to secure access to the User Account in the Mobile Application.

3. Consumer – means a physical person carrying out a legal action which is not directly related to their economic or professional activity.

4. User Account – means an individual panel for each User, launched in favour of him by the Service Provider following the User’s Registration.

5. Terms and conditions – mean these terms and conditions of the Mobile Application.

6. Registration – means a factual activity carried out in the manner specified in the Terms and Conditions, required for the User to use all of the Mobile Application’s functionalities.

7. AZzardoWifi Device - the SMART device manufactured by the Service Provider and which can be run (controlled) via the Mobile Application.

8. Service Provider – means AZZARDO Sp. z o.o. with its registered seat in Poznań (61-302), ul. Klenowska 7, NIP (Tax ID. No.): 9291857507, REGON (National Business Registry No.): 081176240, entered in the Register of Entrepreneurs kept by the District Court for the Sąd Rejonowy Poznań - Nowe Miasto i Wilda w Poznaniu, VIII Commercial Division of the National Court Register under the KRS number 0000487708, with share capital in the amount of 5.000 PLN; e-mail: office@smartazzardo.com, and at the same time the owner of the Mobile Application.

9. User - means a physical person carrying out a legal action which is not directly related to their economic or professional activity.

Article 3 - General provisions and using Mobile Application

1. All rights to the Mobile Application, including proprietary copyrights, intellectual property rights to its name, internet domain, as well as designs, forms and logotypes belong to the Service Provider, whilst they may only be used in the manner specified by and in accordance with the Terms and Conditions and with the Service Provider’s written consent.

2. Minimum technical requirements for using the Mobile Application are as follows:

a) device equipped with Android operating system in the version of at least 4.4 or newer, an active user account with www.google.com and wireless internet connection (WiFi) with frequency of 2.4 GHz and bandwidth of at least 512 kbit/s;

b) device equipped with iOS operating system in the version of at least 7.0 or newer, an active user account with www.appstore.com and wireless internet connection (WiFi) with frequency of 2.4 GHz and bandwidth of at least 512 kbit/s, depending on the system selected by the User to run the Mobile Application.

3. In order to set up a User Account in the Mobile Application, the User has to have an active e-mail account.

4. In order to use the free services: ‘Adding Device’ and ‘Device Control’, the User has to have the AZzardo Wifi Device.

5. The User is forbidden from providing content which is illegal and using the Mobile Application or the free services provided by the Service Provider in the manner which is contrary to the law, decency or breach third parties’ personal rights.

6. The Service Provider declares that the public character of the Internet and using electronic services may be associated with the threat of obtaining and modifying the Users’ details by unauthorized persons. Hence, the Users shall use appropriate technical measures which would minimize the aforementioned threats, especially anti- virus software and software protecting the Internet users’ identity. The Service Provider never requests the User to share his Password in any form.

7. The User is entitled to use the resources of the Mobile Application for his own use. The User is not allowed to use resources and functions of the Mobile Application for commercial activities or in the manner which would breach the Service Provider’s interests, i.e. advertising activity of another enterprise or product; activity constituting posting content not related to the Seller’s activity; activity constituting posting untrue or misleading content.

Article 4 - Registration

1. In order to create a User Account, the User is obliged to carry out Registration. Registration is necessary to use the services specified in §4.

2. In order to register, the User shall fill out the registration form shared by the Service Provider in the Mobile Application and send the filled-out registration form electronically to the Service Provider by selecting the relevant function in the registration form. During Registration, the User specifies an individual Password,

3. Whilst filling out the registration form, the User has an opportunity to familiarize himself with the Terms and Conditions, accepting their provisions by marking the relevant box in the form.

4. After sending the filled-out registration form, the User immediately receives electronically to his e-mail address indicated in the registration form, a verification code in order to confirm the User Account’s Registration and its activation. User Account’s activation takes place by entering the verification code in the registration form and at this point the agreement on the provision of electronic service of the User Account shall be concluded whilst the User has the possibility of electronic access to the User Account and the services shared as part of the User Account, and to make changes to the details provided during the Registration.

Article 5 - Services

1. The Service Provider provides electronic services in favour of Users who have registered for free services. The services are provided 24 hours a day, 7 days a week.

2. The Service Provider reserves the possibility to select and change the type, form, time and method of sharing access to selected specified services and shall inform Users about that in the manner appropriate for the change to the Terms and Conditions.

3. The Service Provider provides the following free services electronically to the Users:

1. Running User Account;

2. Add a house;

3. Add another room;

4. Add members;

5. Add a device;

6. Device Control;

7. Posting an opinion.

4. The service of Running User Account is available following Registration, in accordance with the rules specified in the Terms and Conditions and constitutes the Service Provider allowing the User to use the User Account and other free services shared as part of the User Account.

5. A User who has registered may request the Service Provider to remove the User Account. The request for User Account removal is tantamount to termination of the agreement on the provision of the User Account electronic service, in accordance with §10 of the Terms and Conditions.

6. The ‘Add a house’ service constitutes adding a house, as part of the User Account, in which the Device or the Device is located, and specifying the house name. In order to use the service, the User selects the ‘Done’ service.

7. Withdrawal from the ‘Add a house’ service is possible at any time by stopping the use of the service and the possibility of removing the house added as part of the service.

8. The ‘Add another room’ service constitutes adding a room, as part of the User Account, in which the Device or the Device is located, and specifying the room name. In order to use the service, the User selects the ‘Done’ service.

9. Withdrawal from the ‘Add another room’ service is possible at any time by stopping the use of the service and the possibility of removing the room added as part of the service.

10. The ‘Add members’ service constitutes adding subsequent users (creating sub-accounts for members), as part of the User Account. As part of the sub-account’s functionalities, the added user will have the possibility to select his own Password, change it and use the ‘Device Control’ service. In order to use the service, the User fills out the form available as part of the User Account by selecting the relevant option in the form, whilst the User for whom the sub-account shall be established, immediately receives electronically to his e-mail address indicated in the ‘add a member’ form, a verification code in order to confirm the Sub-Account’s Registration and its activation. Sub- Account’s activation takes place by entering the verification code in the registration form.

11. Withdrawal from the ‘Add members’ service is possible at any time by stopping the use of the service and the possibility of removing the sub-account (member) added as part of the service.

12. The ‘Add a device’ service constitutes adding an AZzardo Device, as part of the User Account, via a wireless Internet network (WiFi). In order to add an AZzardo Wifi Device, it must be located within the range of the same WiFi network as the Mobile Application. As part of the User Account’s functionalities, a detailed instruction was included on pairing (connecting) the Mobile Application installed on the User’s mobile device with the AZzardo Wifi Device, via the WiFi network. In particular, the Mobile Application will automatically detect the AZzardo Wifi Device located within the range of the WiFi network and adding it will be possible. Every AZzardo Wifi Device will have a unique, dedicated number which shall prevent actions by unauthorized persons. As part of ‘Add a device’ service, the ‘Scan QR Code’ functionality is available which facilitates faster adding of the AZzardo Wifi Device to the Mobile Application. The QR Code is read from the packaging of AZzardo Wifi Device in order to facilitate the process of adding it to the Mobile Application.

13. Withdrawal from the ‘Add a service’ service is possible at any time by stopping the use of the service and the possibility of removing the AZzardo Wifi Device added as part of the service.

14. The ‘Device Control’ service constitutes facilitation of remote support of the AZzardo Wifi Device previously added to the Mobile Application as part of the ‘Add a device’ service, within the full scope of the added device’s functions. As part of the ‘Device Control’ service, a functionality of voice control is available which enables support of the AZzardo Wifi Device previously added to the Mobile Application as part of the ‘Add a device’ service, within the full scope of the added device’s functions, as part of the ‘Device Control’ service. In order to use this service, it is necessary to use Google Assistant’s or Alex’s Amazon Assistant voice recognition option.

15. Withdrawal from the ‘Device Control’ service is possible at any time by stopping the use of the service.

16. The free ‘Posting an opinion’ service constitutes the Service Provider enabling the User to post individual publications and subjective statements made by the User, in particular concerning the operation and functionalities of the Mobile Application.

17. Withdrawal from the ‘Posting an opinion’ service is possible at any time by the User ceasing to post the content.

18. The Service Provider is entitles to block access to the User Account and services where the User acts against the Service Provider, i.e. advertising activity of another enterprise or product; activity constituting posting content not related to the Seller’s activity; activity constituting posting untrue or misleading content, as well as where the User acts against other Users, breaches the provisions of law or the Terms and Conditions and where blocking access to the User Account and services is justified by safety concerns – in particular: the User breaching the Mobile Application’s security features or other hacking actions. Blocking access to the User Account and services for the aforementioned reasons shall last for a period necessary to solve the issue which is the basis for blocking access to the User Account and services. The Service Provider shall notify the User about his intention to block access to the User Account and electronic services, using the address provided by the User in the registration form.

Article 6 - Complaints

1. The User may submit a complaint to the Service Provider elated to using the services provided electronically by the Service Provider. A complaint may be submitted in an electronic form and sent to the Service Provider’s e-mail address: office@smartazzardo.com In the complaint submission, the User shall include a description of the problem. The Service Provider shall consider complaints immediately, but no later than within 14 days, and provide a reply to the User’s e-mail address, provided in the complaint submission.

2. The Service Provider does not take advantage of amicable dispute settlement described in the act of September 23, 2016 on the amicable settlement of consumer disputes.

Article 7 - Withdrawal from the agreement

1. A User who is a Consumer who concluded the agreement on the provision of electronic services, may, within 14 days, withdraw from it without stating a reason.

2. A User may withdraw from the agreement by submitting a withdrawal declaration to the Service Provider. The Declarations may be submitted in the form a specimen of which has been included by the Service Provider on the Service’s Website at the following address: Rescission form. In order to stay within the deadline, it is sufficient to send the declaration before the deadline.

3. The withdrawal deadline starts on the conclusion date of the agreement on the provision of electronic services.

4. In case of withdrawal from the agreement on the provision of electronic services, it shall be considered unconcluded.

Article 8 - User’s responsibility for the content posted by him

1. By posting content and sharing it, the Use disseminates it voluntarily. The posted content does not express the Service Provider’s views and shall not be identified with its activity. The Service Provider is not the content provider, only a subject which provides appropriate IT resources for this purpose.

2. The User declares that:

a) he is entitled to use the proprietary rights, industrial property

rights and/or related rights to – accordingly – works, subjects of industrial property rights (e.g. trademarks) and/or subjects of related rights which constitute the content;

b) posting and sharing, as part of the services described in §4 of the Terms and Conditions, of personal details, image and information concerning third parties has taken place in the manner which was legal, voluntary and with consent of the people they concern;

c) he consents to the published content being viewed by other Users and the Service Provider;

d) he consents to a formulation of works within the meaning of the Act on copyrights and related rights.

3. The User shall not be authorized to:

a) as part of using the services described in §4 of the Terms and

Conditions, post personal details of third parties and disseminate the image of third parties without the approval required by law or the third party’s consent;

b) as part of using the services described in §4 of the Terms and Conditions, post advertising and/or promotional content.

4. The Service Provider shall be responsible for the content posted by Users providing a notification has been previously received by him in accordance with §8 of the Terms and Conditions.

5. As part of using the services described in §4 of the Terms and Conditions above, it is forbidden to post content which could be, in particular:

a) posted in bad faith, e.g. with intention of breaching personal

interests of third parties;

b) breaching any rights of third parties, including the rights

associated with protection of copyrights and related rights, protection of industrial ownership, company secrets or associated with confidentiality obligations;

c) of offensive nature or constitute a threat directed at other people, containing terminology breaching decency (e.g. by using vulgar words or words commonly regarded as offensive);

d) contrary to the Service Provider’s interest, i.e. content constituting advertising materials of another entrepreneur or product; content not related to the Service Provider’s activity; content which is untrue or misleading;

e) breaching in other way the provisions of the Terms and Conditions, decency, the legal regulations in place and social and customary norms.

6. In case of receiving a notification in accordance with §8 of the Terms and Conditions, the Service Provider reserves the right to modify or remove content posted by Users as part of their use of the services described in §4 of the Terms and Conditions, especially with reference to content with regards to which, on the basis of reports made by third parties or relevant authorities, it was determined that they may be in breach of these Terms and Conditions or the legal provisions in place. The Service Provider does not carry out on-going control of the posted content.

7. The User consents to free usage of the content posted by him by the Service Provider, only within the scope of services provided by the Service Provider as part of the Mobile Application, especially publication of content in the Mobile Application.

Article 9 - Reporting threats or breach of rights

1. In case where the User or another person or entity considers that the content published in the Mobile Application breaches their rights, personal interests, feelings, morality, beliefs, rules of fair competition, know-how, and secret protected by law or on the basis of an obligation, they shall notify the Service Provider about a potential breach.

2. The Service Provider notified about a potential breach shall take immediate steps aimed at removing the content being the reason for the breach from the Mobile Application.

Article 10 - Personal data protection

1. The rules of Personal Data Protection are described in the Privacy Policy.

Article 11 - Agreement termination

1. Both the User and the Service Provider may terminate the agreement on the provision of electronic services at any time and without providing a reason, with a reservation of the rights acquired by the other party prior to the termination of the aforementioned agreement and the provisions below.

2. The parties may terminate the agreement on the provision of electronic services by submitting an appropriate statement of will, especially using any means of remote communication, in the manner which makes it possible for the other party to familiarize themselves with it.

Article 12 - Final provisions and changes to the Terms and Conditions

1. The contents of these Terms and Conditions may be recorded by printing, saving on a medium or downloading at any point from the Mobile Application.

2. The Service Provider informs the User who is a Consumer about the possibility of using out-of-court methods of complaint settlement and claim pursuit. The rules of access to these procedures are available at branches or on websites of the entities authorized to conduct out- of-court dispute settlement. They may be, in particular, consumer rights ombudsmen representatives or Provincial Inspectorates of Trade Inspection the list of which is available on the Office for Competition and Consumer Protection website. The Service Provider informs that on http://ec.europa.eu/consumers/odr/ there is an online platform for settling disputes between consumers and entrepreneurs at EU level (ODR platform).

3. Should a dispute arise on the basis of the concluded Agreement, the parties shall seek out-of-court settlement. The applicable law for the settlement of any disputes arising on the basis of these Terms and Conditions is the Polish law.

4. The Service Provider reserves to right to change these Terms and Conditions. Any agreements concluded prior to the new Terms and Conditions entering into force shall be performed on the basis of the Terms and Conditions which were in force on the date of agreement conclusion. Changes to the Terms and Conditions enter into force within 7 days from the date of publishing them in the Mobile Application. The Service Provider shall inform the User about changes to the Terms and Conditions 7 days before the new Terms and Conditions entering into force via a message sent electronically, containing a link to the changed Terms and Conditions. In case where the User does not accept the new content of the Terms and Conditions, he is obliged to communicate it to the Service Provider, as a result of the agreement shall be terminated in accordance with §10.

5. Agreements with the Service Provider are concluded in the English language.

6. The Terms and Conditions enter into force on 14.12.2018.