>Conditions of use
iMAGI SERVICE SUBSCRIPTION CARD
Piscines MAGILINE, an "SAS" under French law having its principal place of business at 7 rue du Général Sarrail, 10000 Troyes, France (RCS Troyes 439.450.933) is the owner of the iMAGI website and of the iMAGI application, which can be download to a mobile telephone.
The address of the website is www.imagi.fr.
A smartphone application will be available from the online boutiques of the various operating system editors.
Piscines MAGILINE is the technical administrator of the iMAGI website and of the accounts opened by Piscines MAGILINE and by its professional distributors in the customer space of the iMAGI website for distributors and end customers who have subscribed to the iMAGI service.
Its email address, as technical administrator, is firstname.lastname@example.org.
PRESENTATION OF THE iMAGI SERVICE
The iMAGI service is a domotic process allowing remote monitoring and management of some of the equipment of a MAGILINE swimming pool. The iMAGI service uses an electrical box, the Imagi box, installed on the Customer's MAGILINE swimming pool and connected using hardware of the customer's choosing. The iMAGI box transmits a number of monitoring signals and commands to the www.imagi.fr website and to the iMAGI smartphone application.
The iMAGI service enables a Customer entitled to access the iMAGI website:
to remotely look up certain information concerning various parameters relevant to the use of the swimming pool,
to remotely command the starting up and the adjustment of devices installed in the swimming pool,
to send messages to the installer of his/her swimming pool who is a member of the Piscines Magiline distributor network.
2- The parameters that can be remotely looked up and/or modified are those appearing on the table(panel?) of the iMAGI box indicating the menu of iMAGI box functions, namely the FX filtration system, the pH, the RedOx, the water temperature, etc. (the Parameters). The parameters are explained in the user guide provided to the Customer.
The swimming pool devices and accessories that can be remotely started up and adjusted are those used for the filtration of the water, the heating, the lighting of the spotlights, and the accessories supplying convenience equipment (the Devices).
It is emphasized that none of the safety devices and equipment of the swimming pool can be remotely controlled, because of the regulations and standards in force.
3- Use of the iMAGI service by the Customer and the performance that can be expected of it require(assume?), in particular:
that all equipment, devices, and accessories of the swimming pool necessary for this performance exist in the swimming pool, are in good working order, and are compatible with and correctly connected to the iMAGI box,
that the box has been installed by an approved MAGILINE distributor who has been given specific training,
that the Customer and the Installer comply strictly with the instructions contained in the directions for use of the iMAGI electrical box, in particular by checking regularly, and at least at the beginning of each season during which the swimming pool is open, that the differential switch of the iMAGI electrical box is in good working order,
that the environment of the swimming pool, including the customer's installations and the geographical configuration, cannot cause electrical or other interference with the swimming pool devices used to gather information or to command operations.
CONDITIONS OF SUBSCRIPTION
1- Only a party having a MAGILINE swimming pool equipped with an iMAGI electrical box (the Customer) installed by a distributor who is a member of the network of Piscines Magiline dealers having received specific training (the Installer) may subscribe to the iMAGI service..
The subscription is free of charge.
The subscription entitles the customer to access a personnel space reserved for him/her within the iMAGI website, and possibly also a smartphone application the Customer may choose to download. This space is intended to enable him/her to perform the operations listed in § 2 of the chapter, "PRESENTATION OF THE iMAGI SERVICE", above (the Account).
It also gives the installer, if authorized by the customer at the time of his/her subscription, and for as long as it authorized, to access the information collected by the Customer in his/her Account (the authorized installer)
The subscription is in any case automatically terminated, without formalities, on 30 April 2016.
2-To subscribe to the iMAGI service, the applicant must :
- have a MAGILINE swimming pool equipped with the iMAGI box, correctly connected,
- submit the request to the installer using the present subscription card with the subscription form below completed, dated, and signed, or accept the conditions of subscription upon first logging in to the iMAGI website.
- be accepted, by confirmation, sent to him/her by email by the technical administrator, of the creation of his/her Account and by the communication of his/her identifier and password for access to this Account.
- upon receiving his/her identifier and password, perform a test of the proper operation of the iMAGI service and achieve satisfactory results.
1.1 These general conditions define the terms and conditions of operation and of use of the iMAGI service provided to the customer who has subscribed to them, as the functions thereof are described in § 2 of the chapter, "PRESENTATION OF THE iMAGI SERVICE", above.
The iMAGI site, the iMAGI service and its functions, including the smartphone/tablet application the Customer may download, and the process of access to the Account may evolve in the course of the customer's subscription, just as links may be created.
The subscription to the iMAGI service is governed by its own rules and provides a service to the customer that is distinct from and independent of the other services the customer may also have contracted for with the installer of his/her swimming pool or other professional party.
The technical administrator may at any time decide to perform a maintenance operation that makes the IMAGI service unavailable for a period of time. All active customer accounts will be so informed.
1.2 The iMAGI service comprises and is limited to giving the customer access to a personal Account within the iMAGI website, the customer logging in using the hardware of his/her choosing via the Internet communication channel.
The customer may also, if he/she so requests at the time of subscription, download an application to his/her mobile telephone enabling him/her to access his/her Account directly (the Application)
The iMAGI service is in particular neither intended to nor can enable the customer to remotely :
- control the safety equipment of his/her swimming pool,
- directly monitor the proper operation of the equipment, devices, and accessories of the swimming pool,
- directly detect anomalies or malfunctions of the said equipment, devices, and accessories,
- directly detect errors or anomalies in the information obtained in the Account
The iMAGI service can neither constitute nor generate, even implicitly, any service complementary to or in addition to the right to access the Account.
The technical administrator and the authorized Installer, even if they may acquaint themselves with the information and the operations performed by the customer in his/her Account, exert no control of the operation of the equipment, devices, and accessories of the customer's swimming pool, nor do they exert control of the information the customer obtains by looking up his/her Account and/or of the use the customer makes of this information.
The iMAGI service in no way replaces insurance, a maintenance or surveillance service, or an advice, consulting, or information service.
2 - Access to the iMAGI service
2.1 The customer is responsible for renting, adapting, or installing the hardware he/she has chosen to log in to his/her Account and for the right to use the software he/she uses for this purpose. He/she is responsible for the compatibility of his/her hardware with the iMAGI service. No guarantee, even implied, is provided concerning the operation of the iMAGI service with all existing terminals.
Piscines Magiline is in consequence not a party to any dispute that may arise between the customer and the supplier of his/her hardware, nor to any disputes concerning the use of the fixed or wireless communication networks of the customer and of his/her Internet service providers.
Piscines Magiline is not liable for any damage, direct or indirect, that may result from the customer logging in to the iMAGI site or his/her Account.
2.2 Access to the iMAGI service and to the Account is protected by personalized security arrangements comprising an identifier and a confidential personal code issued by the technical administrator when the customer's subscription is accepted. Access to the iMAGI service and to the Account is impossible without the confidential code.
These personalized security arrangements are in the keeping of the Customer, who takes sole responsibility for them. Their use is considered strictly personal and entails the Customer's sole responsibility.
In the event of loss of his/her confidential code, the Customer may have a new one created by the www.imagi.fr website. His/her account will be blocked upon receipt of the information and a new code will be issued only if the customer requests one.
2.3 The customer may change his/her password at any time, and must do so in particular if his/her personal security arrangements are lost or are used by or suspected of being used by an unauthorized third party.
The technical administrator may block the iMAGI service for reasons linked to the security of the iMAGI site, to fraudulent use or the suspicion of fraudulent use of the Account, or to the maintenance of the iMAGI site. He/she shall immediately so notify the Customer, stating the reasons for the blocking if the security conditions allow. The technical administrator shall restore access to the iMAGI service as soon as the reasons justifying the blocking no longer exist.
3- Look-up of the information collected by the Customer in his/her Account and effects thereof
3.1 Only the customer, or where applicable a third party temporarily authorized by him/her to act in his/her name, may act in his/her Account to generate information about the Parameters, delete it, replace it, order maintenance or modification of the Parameters, and start up and adjust the Devices.
The customer alone is and remains responsible for the actions or failures to act of this third party thus temporarily authorized by the customer to access the customer's account.
3.2 On the other hand, the mere fact of the customer's subscription and the opening of the account authorizes the technical administrator, at any time during the entire duration of the customer's subscription, to acquaint him/herself with the information in the customer's account that the customer has acquired remotely on his/her own initiative. He/she may preserve a history of this information.
In addition, the installer of the swimming pool may be expressly authorized by the customer at the time of his/her subscription to acquaint him/herself with the information contained in the customer's account and to preserve a history thereof. The customer may at any time terminate this authorization without having to justify so doing. Withdrawal of the authorization prohibits the installer from acquainting him/herself with the information in the customer's Account.
3.3 The sole purpose of authorizing look-up of the said information as indicated in § 3.2 is :
- to enable the technical administrator to do his/her job as technical administrator,
- to enable the installer to make suggestions or recommendations, provide advice, and/or make commercial offers to the customer.
The information with which the technical administrator and the authorized installer have acquainted themselves may be used only in the context of the stated purpose of this possibility of look-up by them. This information is and remains confidential for them, except that it may be disclosed for Account administration or subcontracting purposes.
This possibility of acquainting him/herself with this information in no way :
- creates a duty, much less an obligation, on the technical administrator or the authorized installer to do so,
-nor, when he/she has done so, requires him/her to analyze this information,
- nor, more generally, even if the installer analyzes the information collected, authorizes the customer to claim, even implicitly or indirectly, a right to be informed of any anomalies or malfunctions found in the Devices, or to be alerted or advised concerning ways to correct these anomalies or malfunctions.
It is up to the customer, and to the customer alone, to take the initiative of interpreting the information he/she collects in his/her Account and of checking whether the information obtained actually reflects the reality.
In the context of the respective functions of the technical administrator and of the authorized installer, any help the customer may receive from the authorized installer concerning the Devices and/or the analysis and interpretation of the information collected by the customer shall be limited to what the authorized installer wishes to provide, there being no obligation on him/her arising from the customer's subscription.
The customer may require such help from the authorized installer only under a specific contract entered into with the authorized installer, distinct from and independent of the customer's subscription to the iMAGI service.
4.1 The customer accepts the system set in place as is in terms of its operation and performance. The customer accordingly accepts the risk resulting from the limitations of the Internet tool and its use, and from deficiencies in the reliability of the network.
4.2 The iMAGI service is limited to enabling the customer to access his/her Account.The customer alone is accordingly responsible for the information collected in his/her Account and for its interpretation and use. He/she alone is also responsible for the commands he/she executes on his/her Devices and for the proper execution by the Devices of the commands given to them.
It is recalled that the fact that the technical administrator and the authorized installer are in all cases able to acquaint themselves with the information remotely obtained by the customer in no way alters the customer's responsibility as mentioned in this article 4.2.
The accuracy, consistency, and reliability of the information collected and the proper execution of the commands given to the Devices also depend on and are subordinate to strict compliance with the requirements stated in § 3 of the chapter, PRESENTATION OF THE iMAGI SERVICE, above, and the customer is therefore strongly advised to make sure, regularly, on site, where his/her swimming pool is located, that his/her equipment and Devices are in perfect working order, to see to the strict observance of the instructions for the use of the iMAGI electrical box, and to check that the configuration of the place where the swimming pool is located does not interfere with the transmission and reception of the information and remote commands.
It is up to him/her to correct any anomaly or malfunction found in the equipment and Devices, to make all useful repairs, to execute any necessary modification or replacement of equipment or Devices with the help of the specialized company of his/her choosing.
It is also up to him/her to invoke where appropriate the manufacturer's warranty on any equipment or Device that proves to be defective.
It is up to the customer, if he/she judges it necessary, to enter into any maintenance contract with the specialized company of his/her choosing and to take out such insurance as he/she considers appropriate.
4.3 Piscines Magiline cannot be held liable for the consequences of interruption of the iMAGI service for maintenance of the iMAGI site, of circumstances beyond the control of the technical administrator that prevent the proper operation of the iMAGI service, of the accidental transmission of a virus, of technical problems arising from poor operation of the equipment and Devices of the swimming pool, or of a failure affecting the telephone or electrical network.
5- Absence of guarantees
Given what is stated in article 4 above, Piscines Magiline provides no guarantee of any type concerning the iMAGI service.
In particular, Piscines Magiline :
- does not guarantee that the customer will have continuous, uninterrupted, secure access to the iMAGI service.
- offers the customer no guarantee, even implicit, concerning the consistency, the accuracy, the reliability, the exhaustiveness, the pertinence, or the effectiveness of the information collected by the customer or the result obtained by him/her of the commands transmitted to the Devices, whether or not based on the information obtained in his/her Account.
6- Change of owner of the swimming pool - departure of the authorized installer from the Magiline network.
6.1 In the event of transfer of the customer's swimming pool to a third party, the customer may not transfer the benefit his/her subscription to the assignee. He/she must block his/her Account and immediately so inform the technical administrator.
He/she may inform the assignee of the existence of the iMAGI service. If the assignee so informed wishes to benefit from the iMAGI service, he/she must apply in the same way as the assignor customer did to subscribe to the iMAGI service. Piscines Magiline cannot deny this new subscription without a valid reason.
6.2 Should the authorized installer leave the Magiline network, for whatever reason, the date of departure of this installer from the Magiline network shall automatically and as of right, without formalities, terminate the authorization granted by the Customer to him/her to acquaint him/herself with the information appearing in the Customer's Account.
The Customer, and only the customer, may, if he/she wishes, communicate the information collected in his/her Account to this Installer after his/her departure from the Magiline network.
Piscines Magiline may inform the customer of the contact data of the installer who replaces the installer of the swimming pool in the Magiline network. The customer may then inform the technical administrator if he/she wishes to authorize the new installer to acquaint him/herself with the information appearing in his/her Account.
If so, the technical administrator will be able to transmit to the new authorized installer the history of the information that has appeared in the customer's Account.
Piscines Magiline is the owner of the iMAGI site and of the Application. The site, its contents, and the Application are protected by copyright.
The customer does not become the owner of the software. He/she is entitled to use the software, non-exclusively, for his/her personal use and as stipulated by the documentation provided.
The customer may not lease, loan, nor otherwise transfer rights to the software to a third party.
The customer may not modify, reproduce, adapt, distribute, publish, or translate the software. Nor may he/she disassemble, decompile, or attempt to recreate one of the source codes of the software.
8 - Modification of these general conditions
Piscines Magiline may at any time delete, modify, or add clauses to these general conditions, but must give the customer one month's notice. The customer may accept the modification(s) of which notice is given or refuse them by blocking his/her Account before the end of the period of notice. If this is not done in the course of this period of notice, the customer shall be deemed to have accepted the modifications.
9- Duration and suspension of the iMAGI service - Elimination of option
9.1 The customer's subscription takes effect on the date when the conditions indicated in § 2 of the chapter, CONDITIONS OF SUBSCRIPTION, above, are satisfied
9.2 The duration of the customer's subscription to the iMAGI service may not extend beyond 30 April 2016. On that date, the subscription shall be terminated in any case, automatically and as of right, without any formalities.
Before that date, Piscines Magiline may offer the customer a similar service or a service more complete than the iMAGI service in the form of a fee-paying subscription or other fee-paying contract
9.3 The customer may close his/her Account at any time and cancel his/her subscription by logging in to his/her Account and submitting the request to the technical administrator.
Piscines Magiline can cancel the Customer's subscription only in cases of abnormal behaviour of the customer in the access rights granted to him/her, irregularities, abuses, or grave faults in the use of the iMAGI service, malfunctions, deterioration, or repeated errors in the manipulation of the (system of?) use of the iMAGI service by the customer. The customer is notified of this termination, which is reflected in the deletion of his/her Account and the withdrawal of his/her right of access to the iMAGI site.
The technical administrator can also, without for all that terminating the customer's subscription, but after giving the customer notice, suspend the iMAGI service for security reasons by blocking the customer's account for as long as it takes to eliminate the security problems.
9.4 Assignment of the subscription, for any reason, entails termination of the right of access to the iMAGI site and/or to the smartphone/tablet application.
Following the elimination of one or the other of the options or of termination of the subscription, whichever party takes the initiative and whatever the reason, or on the date on which the subscription ends automatically, the parties are required to make all arrangements necessary to avoid damage because of the elimination of an option or the end of the subscription.
10 - Roles of the technical administrator and of the installer with respect to the customer - Communication
Piscines Magiline alone is the technical administrator of the iMAGI site and of the customer's Account, via his/her Internet service provider, and manager of the legal relations with the customer arising from the continuation or the termination of the customer's subscription.
All other relations generated by the customer's subscription, commercial, technical, or otherwise, are the responsibility of the installer of the swimming pool with respect to the customer and vice versa.
All queries, notifications, and more generally all exchanges between the technical administrator and the customer and between the authorized installer and the customer in connection with the customer's subscription shall be by email except as otherwise stipulated in these general conditions.
11- Personal data
Piscines Magiline agrees to use the nominative personal information gathered in connection with the customer's subscription and the iMAGI service only for management purposes and to satisfy legal and regulatory requirements. These data will be preserved in compliance with French law no. 78-17 of 6 January 1978, as modified, on computing, files, and freedoms.
This information may give rise to exercise of the right of access to and rectification of the customer's personal account created by the above-mentioned law, through the technical administrator.