Last Updated: February 17, 2020

TERMS OF SERVICE

Please read these Terms of Service (the "Agreement") carefully. By clicking or tapping "Turn On," "Accept," "OK" or "Agree" (or a similar term) in connection with this Agreement, or by using the Service (as defined below), you agree to be bound by this Agreement. We recommend that you make a local copy this Agreement and store it on your device for future reference.

This Agreement is between you and the Company Contracting Party as described in Section 17, below ("Company Contracting Party" or "we" or "us") concerning your use of (including any access to) the applets, composed of triggers and/or actions offered by Company Contracting Party on the IFTTT platform ("IFTTT Platform") provided by IFTTT Inc. ("IFTTT") which enable you to connect Company Contracting Party’s air conditioners with products and/or services provided by third parties (together with any other content and services provided by Company Contracting Party on the IFTTT Platform, the "Service"). This Agreement incorporates any additional terms and conditions with respect to the Service that are made available by Company Contracting Party through the Service, or otherwise made available to you by Company Contracting Party, in accordance with the terms of this Agreement, including our Privacy Policy (as defined below).

In addition to this Agreement, you shall also agree to the terms and conditions established by IFTTT for your access or use of the IFTTT Platform. If you do not accept the terms and conditions applicable to the IFTTT Platform, you may not use the Service.

BY CLICKING OR TAPPING "TURN ON," "ACCEPT," "OK" OR "AGREE" (OR A SIMILAR TERM) IN CONNECTION WITH THIS AGREEMENT, OR BY USING THE SERVICE, YOU AFFIRM THAT YOU HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT AND ARE OF LEGAL AGE.

IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SERVICE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN "ORGANIZATION"), THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU CONFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. References to "you" and "your" in this Agreement will refer to both the individual using the Service and to any such Organization.

1. Our Right to Make Changes.

We may change this Agreement from time to time, such as to reflect changes in the Services, relevant laws and regulatory requirements, by notifying you of such changes by any reasonable means and by making available a revised Agreement through the Service. Any such changes will not apply to any dispute between you and us arising prior to the date on which we make available the revised Agreement incorporating such changes, or otherwise notified you of such changes.

Your clicking or tapping "Turn On," "Accept," "OK" or "Agree" (or a similar term) in connection with this Agreement, or your use of the Service following any changes to this Agreement will constitute your acceptance of such changes. The "Last Updated" legend above indicates when this Agreement was last changed. We may, at any time and without liability, (a) modify or discontinue all or part of the Service (including access to the Service via any third-party links) for valid reasons (e.g., to reflect changes in relevant laws and regulatory requirements, to protect security or to implement reasonable technical adjustments and improvements); (b) charge, modify or waive any fees required to use the Service where reasonably necessary; or (c) offer opportunities to some or all Service users. We will seek to notify you by any reasonable means of (i) any modifications to the Service that will have a material adverse effect on the use of the Service, taken as a whole; and (ii) any material increase in the fees charged by us to use the Service. We reserve the right to introduce new features or functionality for which the payment of fees may be required and shall notify you of such fees by reasonable means. Such fees will not apply to you unless you accept such new features or functionality.

2. Information Submitted Through the Service.

Your submission of information through the Service is governed by the Service’s Privacy Policy, (the "Privacy Policy"). You confirm that any information you provide in connection with the Service is accurate and complete, and that you will maintain and update such information as needed. You also acknowledge and agree that we will have no liability associated with or arising from your failure to provide accurate registration information.

3. Jurisdictional Issues.

The Service is controlled or operated (or both) by the Company Contracting Party as set forth in Section 17, below, and is not intended to subject Company Contracting Party to any jurisdiction or law except as set forth in Section 17 below. The Service may not be appropriate or available for use in some jurisdictions. You must comply with all applicable laws, rules and regulations in connection with your use of the Service. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose, for valid reasons (e.g., to comply with relevant laws and regulatory requirements, to protect security or to implement reasonable technical adjustments and improvements).

4. Rules of Conduct.

In connection with the Service, you must not:

  • Post, transmit or otherwise make available through or in connection with the Service any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous or fraudulent; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trade mark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
  • Post, transmit or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a "Virus").
  • Use the Service for any commercial purpose, or for any purpose that is fraudulent or otherwise unlawful.
  • Harvest or collect information about users of the Service.
  • Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service; or violate any requirement, procedure or policy of such servers or networks.
  • Restrict or inhibit any other person from using the Service.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Service except as expressly authorised under this Agreement, without Company Contracting Party’s express prior written consent.
  • Reverse engineer, decompile or disassemble any portion of the Service, except where such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trade mark or other proprietary rights notice from the Service.
  • Incorporate any portion of the Service into any product or service, without Company Contracting Party’s express prior written consent.
  • Systematically download and store Service content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or otherwise gather Service content, or reproduce or circumvent the navigational structure or presentation of the Service, without Company Contracting Party’s express prior written consent.

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed for you to use the Service.

5. Requirements to use the Service; User Names and Passwords.

You will need to register for an account with IFTTT, and Company Contracting Party’s FGLair Application (the "App") in order for you to usethe Service. We may reject, or require that you change, any user name, password or other information that you provide to us in registering, in each case for any valid reason. Your user name and password are for your personal use only and you should keep your user name and password confidential. Company Contracting Party is not responsible for any use or misuse of your user name or password caused by your failure to keep your user name or password confidential. In each case, you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password.

6. Submissions.

Certain Service functionality may provide users with the ability to make available certain data, information or materials (each, a "Submission") through or in connection with the Service. Except as set forth in the Privacy Policy, Company Contracting Party has no control over and is not responsible for Submissions, any use or misuse (including any distribution) by any third party of Submissions or for any of your interactions with any other Service users. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICE, EXCEPT AS SET FORTH IN THE PRIVACY POLICY, YOU DO SO AT YOUR OWN RISK.

7. Our Right to Use Submissions.

For purposes of clarity, you retain ownership of your Submissions. For each Submission that you make available through or in connection with the Service (each, "Your Submission"), you grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) licence, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, store and otherwise use, analyse and exploit Your Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, suggestions or other materials ("Feedback"), whether related to the Service or otherwise, such Feedback will be deemed Your Submission. You agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company Contracting Party under any obligation in respect of such Feedback.

You confirm that (a) you have all rights necessary to grant the licences granted in this section; (b) Your Submissions are complete and accurate; and (c) Your Submissions and your provision thereof to us (whether through and in connection with the Service or otherwise) and are not fraudulent or otherwise in breach of any applicable law or any right of any third party. You further irrevocably waive (and consent to us performing any acts or omissions in relation to Your Submissions and associated materials that may be inconsistent with) any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding Your Submissions that you may have under any applicable law.

8. Monitoring of Submissions and Use of the Service.

We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Service, or analyse your access to or use of the Service. We may disclose information regarding your access to and use of the Service, and the circumstances surrounding the transmission of Submissions, and personal information regarding any users who made Submissions available, in each case in accordance with any requirement under applicable law, or any request by any law enforcement authority, court or other governmental authority, or otherwise in accordance with the Privacy Policy.

9. Your Rights to Use the Service.

Subject to your compliance with this Agreement and for the duration of this Agreement, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to access and use the Service in connection with Company Contracting Party’s air conditioner product that you own or control solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of this Agreement relating to your use of the Service, you must immediately cease using the Service.

10. Company Contracting Party’s Proprietary Rights.

We and our suppliers own the Service, which is protected by proprietary rights and laws. Our trade names, trade marks and service marks include FUJITSU, FUJITSU GENERAL, FUJI, FGLAir and any associated logos. All trade names, trade marks, service marks and logos on the Service not owned by us are the property of their respective owners. You may not use our trade names, trade marks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting any right to use any trade names, trade marks, service marks or logos without the express prior written consent of the owner.

11. Third Party Materials; Links.

Certain Service functionality may make available access to information, products, services and other materials made available by third parties, including Submissions and services provided by IFTTT on the IFTTT Platform ("Third Party Materials"), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.

We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights in such Third Party Materials. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Company Contracting Party with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Service at any time. In addition, the availability of any Third Party Materials through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).

12. Promotions.

Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, "Promotions") which may be made available through the Service may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will take precedence.

13. DISCLAIMER OF WARRANTIES.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICE IS MADE AVAILABLE TO YOU ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

COMPANY CONTRACTING PARTY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AND SUBJECT TO ANY APPLICABLE TERMS AND CONDITIONS OR POLICIES APPLICABLE TO THE USE OF THIRD PARTY MATERIALS AS SET OUT IN SECTION 11, THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. COMPANY CONTRACTING PARTY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE THIRD PARTY MATERIALS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY CONTRACTING PARTY MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE SECURE, THAT ANY USER NAME, PASSWORD OR OTHER SECURITY MEASURE THAT YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICE WILL PREVENT UNAUTHORIZED ACCESS TO YOUR SERVICE ACCOUNT OR RELATED INFORMATION, OR THAT YOUR SERVICE ACCOUNT OR RELATED INFORMATION WILL NOT BE ACCESSED OR MISUSED BY ANY THIRD PARTY.

ALL DISCLAIMERS OF ANY KIND IN THIS AGREEMENT (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY CONTRACTING PARTY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "COMPANY PARTIES").

While we will seek to undertake reasonable steps to maintain the timeliness, integrity and security of the Service, we cannot guarantee that the Service is or will remain updated, complete, correct or secure, or that access to the Service will be uninterrupted. The Service may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Service. If you become aware of any such alteration, please contact us at servicehvac@fujitsugeneral.com with a description of such alteration and its location on the Service.

14. LIMITATION OF LIABILITY.

NOTHING IN THIS AGREEMENT RESTRICTS, EXCLUDES OR MODIFIES OR PURPORTS TO RESTRICT, EXCLUDE OR MODIFY ANY MANDATORY STATUTORY CONSUMER RIGHTS UNDER APPLICABLE LAW.

IN RESPECT OF ANY CONDITIONS, WARRANTIES OR GUARANTEES THAT CANNOT BE EXCLUDED UNDER APPLICABLE STATUTES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY IS LIMITED (AT OUR OPTION) TO THE RESUPPLY OR REFUND OF THE COST OF THE RELEVANT PORTION OF THE SERVICE.

COMPANY CONTRACTING PARTY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, OR LOSSES THAT WERE NOT FORESEEABLE TO YOU OR COMPANY CONTRACTING PARTY AT THE TIME YOU AGREED TO THIS AGREEMENT, IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT, AND UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY (COLLECTIVELY, "INDIRECT LOSSES"). LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT HAPPEN.

WITHOUT LIMITING THE FOREGOING, COMPANY CONTRACTING PARTY WILL NOT BE LIABLE FOR INDIRECT LOSSES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY THIRD PARTY MATERIALS OR PRODUCTS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED VIA THE SERVICE OR ANY PRODUCTS OR THIRD PARTY MATERIALS.

THE COMPANY PARTIES DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY COMPANY CONTRACTING PARTY’S NEGLIGENCE OR THE NEGLIGENCE OF ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

THE AGGREGATE LIABILITY OF COMPANY CONTRACTING PARTY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY CONTRACTING PARTY TO USE THE SERVICE; AND (B) TEN UNITED STATES DOLLARS ($10).

ALL LIMITATIONS OF LIABILITY OF ANY KIND IN THIS AGREEMENT (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY CONTRACTING PARTY AND THE OTHER COMPANY PARTIES.

IN RESPECT OF ANY CONDITIONS, WARRANTIES OR GUARANTEES THAT CANNOT BE EXCLUDED UNDER STATUTE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, OUR LIABILITY IS LIMITED (AT OUR OPTION) TO THE RESUPPLY OR REFUND OF THE COST OF RELEVANT SERVICES.

15. Third Party Claims.

If we are sued by a third party as a result of your breach of this Agreement or your infringement of any third-party right (including any intellectual property or data privacy right), you will be responsible for all liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable attorneys’ fees) incurred by the Company Parties.

16. Termination.

This Agreement is effective until terminated. Company Contracting Party may terminate or suspend your right to use the Service and/or terminate this Agreement if you do not comply with the terms contained in this Agreement. Where reasonable under the circumstances, we will provide you with at least twenty-four (24) hours’ prior notice of any suspension or termination of your right to use the Service, provided that if we reasonably believe that you have materially breached this Agreement, we can immediately suspend or terminate your right to use the Service. You can stop using the Service at any time.

Following the effective time of any such termination or suspension, your right to use the Service will immediately cease, and Company Contracting Party may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. The Preamble and Sections 2–8 and 10–23 shall survive any expiration or termination of this Agreement.

17. Company Contracting Party; Governing Law; Jurisdiction.

The list below sets forth (a) the entity with which you have entered into this Agreement (i.e., the "Company Contracting Party"), (b) the applicable laws with respect to which this Agreement will be governed by and construed (without regard to such laws' principles of conflicts of law), and (c) courts which have exclusive jurisdiction over disputes between you and Company Contracting Party arising out of or related to the Service or this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory and including non-contractual disputes or claims, which determination in each case is based on your country of residence or principal place of business, as applicable (such country, your "Residence"):

Your Residence Company Contracting Party Governing Law Exclusive Jurisdiction
Any country in the European Union (except for the United Kingdom), Norway, Iceland, Israel, Liechtenstein, Albania, Andorra, Armenia, Belarus, Bosnia and Herzegovina, Faroe Islands, Georgia, Gibraltar, Greenland, Guernsey, Isle of Man, Kosovo, Kyrgyzstan, Moldova, Monaco, San Marino, Serbia, Svalbard and Jan Mayen, Switzerland, Tajikistan, Turkey, Ukraine, Vatican, Russia, Macedonia, and Montenegro Fujitsu General (EURO) GmbH Laws of Germany Courts of Düsseldorf
United Kingdom, Bailiwick of Jersey Fujitsu General Air Conditioning (UK) Limited English Laws English Courts
Australia Fujitsu General (Aust.) Pty Ltd. Laws of the state of New South Wales Courts of New South Wales
New Zealand, Cook Islands, Fiji, Micronesia, Niue, Northern Mariana Islands, Papua New Guinea, Pitcairn, Samoa, Solomon Islands, Tokelau, Tonga, Vanuatu Fujitsu General New Zealand Limited Laws of New Zealand Courts of New Zealand
People’s Republic of China Fujitsu General Orient International Sales Electronics (Shanghai) Co., Ltd Laws of the People’s Republic of China Courts of Shanghai
Bahrain, Egypt, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, United Arab Emirates, Yemen, Jordan, Kazakhstan, Lebanon, Algeria, Djibouti, Ethiopia, Kenya, Morocco, Nigeria, Reunion, Seychelles, South Africa, Tunisia Fujitsu General Middle East FZE Laws of Dubai Courts of Dubai
Pakistan, New Caledonia, Bangladesh, Brunei, Cambodia, East Timor, Hong Kong, India, Indonesia, Malaysia, Myanmar, Singapore, Vietnam Fujitsu General (Asia) PTE LTD Laws of the Republic of Singapore Courts of Singapore
Kingdom of Thailand Fujitsu General Thailand, Co. Ltd. Laws of the Kingdom of Thailand Courts of Bangkok
United States of America, Anguilla, Aruba, Bermuda, Cayman Islands, Chile, Dominica, Turks and Caicos Islands, Brazil, Mexico, Bahamas, Barbados, Canada, Costa Rica, El Salvador, Grenada, Guatemala, Honduras, Jamaica, Nicaragua, Panama, Puerto Rico, Saint Martin, Trinidad and Tobago, U.S. Virgin Islands Fujitsu General America, Inc. Laws of the State of New Jersey Courts of New Jersey
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18. Filtering.

We notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Company Contracting Party does not endorse any of the products or services listed on such site.

19. Information or Complaints.

If you have a question or complaint regarding the Service, please send an e-mail to servicehvac@fujitsugeneral.com. You may also contact us by writing to 353 Route 46 West Fairfield, NJ, 07004, or by calling us at (973) 575-0381 Option 1. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

The Service is operated by: FUJITSU GENERAL AMERICA, INC.

Registered Address: 353 Route 46 West Fairfield, NJ, 07004

Place of Business: 353 Route 46 West Fairfield, NJ, 07004

Email Address: servicehvac@fujitsugeneral.com

20. Copyright Infringement Claims.

If you believe in good faith that materials available from the Service infringe your copyright, you may send to Company Contracting Party a written notice by mail to 353 Route 46 West Fairfield, NJ, 07004, by e-mail to servicehvac@fujitsugeneral.com, requesting that Company Contracting Party remove such material or block access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through the Service, you may send to Company Contracting Party a counter-notice.

21. Export Controls.

The Service is subject to United States export controls restrictions, including any United States embargoes or other federal rules and regulations restricting exports. We will not knowingly make the Service available to you if you are, and you confirm that you are not, (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or trade sanction (currently Cuba, Iran, Sudan, Syria, and the Crimea region of Ukraine) (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx for more information on U.S. sanctions); or (b) on any of the U.S. government lists of restricted end users (for example, including the "Specially Designated Nationals" list available at http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx ).

22. Other Important Terms.

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company Contracting Party. Except as set forth in Sections 13, 14 and 23, nobody else has any rights under this Agreement (except someone you pass your guarantee on to). This Agreement is between you and us. Except as set forth in Sections 13, 14 and 23, no other person shall have any rights to enforce any of the terms of this Agreement. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicence any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations of such terms in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated in this Agreement, is the entire agreement between you and Company Contracting Party relating to the subject matter of this Agreement, and in the absence of fraud, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company Contracting Party relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made through the Service or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Neither party will be responsible for any failure to fulfill any obligation due to any cause beyond its control.

23. Terms Required by Apple.

n addition to Sections 1 to 22 above, and notwithstanding anything to the contrary in this Agreement, the following provisions in this Section 23 apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Company Contracting Party in accordance with the “Information or Complaints” section above. The license you have been granted in this Agreement is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set out in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, 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. Notwithstanding these rights of Apple and Apple’s subsidiaries, Company Contracting Party’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

Service © 2016–2017 Fujitsu General Limited unless otherwise noted. All rights reserved.


Last Updated: February 5, 2020

Privacy Policy

FUJITSU GENERAL AMERICA, INC. ("we" or "us") offers the Service to allow you to connect Company Contracting Party’s air conditioners with products and/or services provided by third parties.. We are concerned about privacy issues and want you to be familiar with how we collect, use and disclose information in connection with the Service.

This Privacy Policy describes our practices in connection with information that we collect through the App and the embedded software installed in FGL's air conditioners, as well as through the services and content provided by FGL in relation to the App and software (collectively, including the App, the "Services"). By providing Personal Information to us or using the Services, you agree to this Privacy Policy.

PERSONAL INFORMATION

Personal Information We May Collect

"Personal Information" is information that identifies you as an individual or relates to an identifiable person, including:

  • Name
  • Email address
  • Address
  • Telephone number
  • Username and password for the App

If you submit any Personal Information relating to other people to us or to our service providers in connection with the Service, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

How We May Collect Personal Information

We and our service providers may collect Personal Information through the Service, such as when you create an account, register your air conditioner, or sign up for a newsletter.

How We May Use Personal Information

We and our service providers may use Personal Information:

  • To enable you to use the Service and provide you with related customer service.
  • To provide you with updates to the Service.
  • To respond to your inquiries and fulfill your requests, such as to create an account or send you newsletters.
  • To provide maintenance support for your air conditioner(s).
  • To send notices and administrative information to you, such as information regarding the Service and changes to our terms, conditions and policies.
  • For our business purposes, such as data analysis, sales analysis, audits, fraud monitoring and prevention, addressing issues with our Service, developing new products, enhancing, improving or modifying our Service, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.

How Personal Information May Be Disclosed

Your Personal Information may be disclosed:

  • To our parent company, Fujitsu General Limited, for the purposes described in this Privacy Policy. We are the party responsible for the management of the jointly-used Personal Information.
  • To our third-party service providers who provide services such as app design, development, interoperability and maintenance; data hosting; data analysis; information technology and related infrastructure provision; customer service; email delivery; auditing and other services.
  • To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

Other Uses and Disclosures

We also may use and disclose your Personal Information as we believe to be necessary or appropriate: (a) under applicable law, which may include laws outside your country of residence; (b) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include such authorities outside your country of residence; (c) to enforce our terms and conditions, including our Terms of Service; and (d) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.

OTHER INFORMATION

Other Information We May Collect

"Other Information" is any information that does not reveal your specific identity or does not directly relate to an identifiable individual, such as:

  • Device information
  • App usage data
  • Air conditioner usage data
  • IP address
  • Physical location of your air conditioner
  • Demographic information and other information provided by you
  • Aggregated information

If we are required to treat Other Information as Personal Information under applicable law, then we may use it for the purposes for which we use and disclose Personal Information as detailed in this Privacy Policy.

How We May Collect Other Information

We and our third party service providers may collect Other Information in a variety of ways, including:

  • Through your device: Certain information is collected through your device or software, such as your Media Access Control (MAC) address, screen resolution, operating system name and version, device manufacturer and model, language, software type and version and the name and version of the Services (such as the App) you are using. We use this information to ensure that the Services function properly.
  • Through your use of the App: When you download and use the App, we and our service providers may track and collect usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.
  • Through your use of your air conditioner: When you use the Services, we and our service providers may collect information about your air conditioner, such as its model and serial number. In addition, we may collect usage data, such as when and for how long the air conditioner is on or off, heating or cooling mode, room temperature, fan speed and air direction. We also collect information that lets us know whether you are using the air conditioner’s special functions, such as modes for low noise, human sensor or energy savings.
  • IP Address: Your IP address is a number that is automatically assigned to the device that you are using by your Internet Service Provider. An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems and administering the Services. We may also derive your approximate location from your IP address.
  • Physical Location: We may collect the physical location of your air conditioner(s) by, for example, using WiFi signals. We may use the information to improve our products and services and provide you with personalized location-based services and content.
  • From you: Information such as your company name or country of residence is collected when you voluntarily provide it.
  • By aggregating information: Aggregated Personal Information does not personally identify you or any other user of the Services (for example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code).

How We May Use and Disclose Other Information

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine Other Information with Personal Information (such as combining your name with your location). If we do, we will treat the combined information as Personal Information as long as it is combined.

THIRD PARTY SERVICES

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.

In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Apple, Google, Microsoft or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Services.

SECURITY

We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the "Contacting Us" section below.

CHOICES AND ACCESS

Your choices regarding our disclosure of your Personal Information

If you would prefer that we not share your Personal Information on a going-forward basis with our affiliates, you may opt-out of this sharing by contacting us at servicehvac@fujitsugeneral.com . We will try to comply with your request as soon as reasonably practicable.

How you can access, change or suppress your Personal Information

If you would like to review, correct, update, suppress or delete Personal Information that you have previously provided to us, you may do so by editing your user account or by contacting us as set out at the end of this Privacy Policy. In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Please note that we may need to retain certain information for recordkeeping purposes. There may also be residual information that will remain within our databases and other records, which will not be removed.

RETENTION PERIOD

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

USE OF THE SERVICES BY MINORS

The Services are not directed to individuals under the age of eighteen (18), and we request that they not provide Personal Information through the Services.

CROSS-BORDER TRANSFER

The Services are controlled and operated by us from United Kingdom and are not intended to subject us to the laws or jurisdiction of any other jurisdiction. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, including Japan, and, by using the Services, you consent to the transfer of information to countries outside of your country of residence, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information.

SENSITIVE INFORMATION

We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background) on or through the Services or otherwise to us.

UPDATES TO THIS PRIVACY POLICY

We may change this Privacy Policy. The "LAST UPDATED" legend at the top of this page indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services. Your use of the Services following these changes means that you accept the revised Privacy Policy.

CONTACTING US

If you have any questions about this Privacy Policy, please contact us at servicehvac@fujitsugeneral.com or: 53 Route 46 West Fairfield, NJ, 07004.

Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.



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