Last Updated: May 27, 2019

Please read these Terms of Service (the “Agreement”) carefully before using the software. By using the Service (as defined below), you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not use the Service. 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) (i) the Company Contracting Party’s FGLair Smart Home Skill (the “Skill”) on the Alexa voice services (together with any software, app, website and other content providing access to such services, “Amazon Alexa”) provided by Amazon Digital Services LLC (together with its affiliates, “Amazon”), and (ii) the Company Contracting Party’s FGLair Smart Home Action (the “Action”) on the Google Assistant services (together with any software, app, website and other content providing access to such services, “Google Assistant”) provided by Google Inc, (together with its affiliates, “Google”).

The Skill and Action, which enable you to connect and interact with Company Contracting Party’s air conditioner via voice using either (a) Amazon’s Amazon Alexa-enabled devices (e.g., Amazon Echo), or (b) Google’s Google Assistant-enabled devices (e.g., Google Home and Google Home Mini), are referred to collectively in this Agreement as 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 Amazon and Google for your access or use of (i) Amazon Alexa and/or (ii) Google Assistant (collectively, “Voice Services”). If you do not accept the terms applicable to the Voice Services, you may not use the Service.

By clicking or tapping “ENABLE,” “ADD,” “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 Service, 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 “Enable,” “Add,” “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 (e.g., your air conditioner, Amazon Echo, Google Home).

5. Requirements to use the Service; User Names and Passwords. You will need to register for an account with (i) Amazon and/or Google, and (ii) Company Contracting Party’s FGLair Application (the “App”) in order for you to use the 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 Smart Home 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 Voice Services (“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 10–22 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, 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
Brazil	Fujitsu General Do Brasil Ltda.	Laws of Brazil	Courts in the State of São Paulo

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 and 14, 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 and 14, 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.