TERMS OF SERVICE

Please read the following terms carefully before accessing or using: the AIRSTAGE Cloud Light mobile application (“ASCL Mobile App”) and the AIRSTAGE Cloud Light management web application (“ASCL Management Web App”) (the ASCL Mobile App and the ASCL Management Web App together “ASCL”) for our heating, ventilating and air conditioning units (“HVAC Units”). Details about the ASCL are contained in Annex 1 below.

1.1 These Terms of Service (“TOS”) are an agreement between you (“You” or “Your”) and Fujitsu General Limited and its affiliates listed in Section 13 ( “we”, “us”, “our”, “FGL”). BY DOWNLOADING, UPDATING OR OTHERWISE USING ASCL, YOU AGREE TO BE BOUND BY THE TERMS OF THE TOS AND YOU AFFIRM THAT YOU ARE OF LEGAL AGE WHERE YOU LIVE AND HAVE THE LEGAL CAPACITY TO ENTER INTO THE TOS. IF YOU ARE AN INDIVIDUAL ACCESSING OR USING ASCL ON BEHALF OF OR FOR THE BENEFIT OF ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED, THEN BY USING ASCL YOU AGREE TO THE TOS ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU CONFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THE TOS. IF YOU DO NOT AGREE TO THE TERMS OF THE TOS, YOU MAY NOT USE ASCL: if so, please stop installing, copying, updating or otherwise using ASCL immediately.

1.2 The TOS will be updated from time to time, and in such case, we will notify You in advance (a) content of the change, as well as (b) the effective date of such change by e-mail. You should print and keep a copy of the TOS for future reference

1.3 For more information about ASCL’s functionalities, please consult Your copy of the user guide, available below.

2.1 Under data protection legislation, we are required to provide You with certain information including (but not limited to) who we are, how we process Your personal information and for what purposes, and Your rights in relation to Your personal information and how to exercise them. This information is provided in our Privacy Policy and it is important that You read that information.

The following Sections 2.2-2.5 apply only if You are a corporation, partnership or other corporate entity:

2.2 You agree that both You and FGL separately determine the purposes and means of processing of personal information obtained in connection with ASCL and are therefore each separately responsible for such processing (i.e., independent data controllers).

2.3 Both You and FGL will comply with its respective privacy and data protection obligations, as required by applicable law. Such obligations may include but are not limited to: ensuring lawfulness of processing of personal information; responding to individuals’ rights requests; providing adequate notice to the individuals regarding the processing of personal information; compliance with cross-border data transfer obligations; appropriate handling of data security incidents; responding to and cooperation with regulatory requests and investigations; keeping records of data processing activities; and ensuring security of personal information.

(a) Hold personal information in strict confidence, and will not disclose personal information obtained in connection with ASCL to any third party without appropriate contractual safeguards.

(b) Establish, maintain and comply with a written information security program that contains administrative, technical, and physical safeguards to ensure the security, confidentiality and integrity of personal information and to protect against threats or hazards to the integrity and security of, the unauthorized or accidental destruction, loss, alteration or use of, and the unauthorized access to, personal information (the “Data Safeguards”). The Data Safeguards will meet or exceed the requirements of applicable law (including but not limited to applicable data protection law).

(c) Maintain appropriate access controls, including, but not limited to, limiting access to personal information obtained in connection with ASCL to the minimum number of their personnel who require such access, and to the minimum extent necessary, and providing their personnel with appropriate training relating to information security.

(d) Test, assess, review and revise the Data Safeguards from time to time in accordance with prevailing industry standards.

2.5 Both You and FGL shall cooperate in good faith addressing any requests received from individuals, regulators, or other third parties concerning processing of personal information in connection with ASCL.

3.1 You may need to register or otherwise enter a user name, password or other information or credentials with respect to ASCL (collectively, “Access Credentials”) to use all or part of ASCL.

3.2 Access Credentials are for personal use only in accordance with the TOS and You should keep them confidential. We are not responsible for any use or misuse of Your Access Credentials, unless Access Credentials were breached from its controlling system. You must promptly notify us of any actual or suspected confidentiality breach or unauthorised use of Your Access Credentials or Your account.

3.3 You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed for You to use ASCL (including any applicable device data transmission charges).

4.1 We strongly recommend that You turn on automatic updates for ASCL, so that You do not lose access to ASCL. If You choose not to install such updates or if You opt out of automatic updates, You will not be able to continue using ASCL.

4.3 You agree to receive such updates (and allow FGL to deliver these to You) as part of Your use of ASCL. These updates are designed to enhance ASCL’ features and security protection.

4.4 Such updated versions will be available (as the version of ASCL originally downloaded by You) through a third party digital distribution platform, such as Google® Play or the Apple® App Store. The availability and functionalities of the distribution platform are not our responsibility. If the third party provider provides such functionality and Your device is configured accordingly, updated versions of ASCL may be downloaded and installed automatically; otherwise, You will need to download and install such updated versions manually in accordance with the instructions provided by the third party provider.

4.5 The TOS does not address, and we are not responsible for, the services, products, devices, websites or other practices of any third parties, including any third party (such as an authorized contractor providing installation, maintenance or repair services for the HVAC Units) operating any service, product, device, or website to which ASCL links. If you are providing third party services via ASCL, you agree that we are not responsible for such service, including the quality or suitability of the service. If you are receiving third party services via ASCL, you acknowledge that other terms and conditions may apply to Your use of third party services via ASCL.

The ways in which You can use and update ASCL may also be controlled by the Apple® App Store or Google® Play’s or other third party distribution platform’s rules and policies (as applicable) and, if so, such rules and policies will apply instead of the TOS where there are differences between the two.

6.1 On the condition that You comply with the TOS, FGL hereby grants to You a non-exclusive, non-transferable licence (without the right to sub-license) to use ASCL, and permits You to (i) download a copy of ASCL on to Your mobile phone or device, and (ii) view, use and display ASCL on such device for Your personal purposes only.

6.2 If You download ASCL onto any mobile phone or other device not owned by You, You must have the owner’s permission to do so. You will be responsible for complying with the TOS, whether or not You own the mobile phone or other device.

7.1 Age Restriction: You must be over the age of majority to accept the TOS and use ASCL.

7.2 Sharing Restriction: If You sell any device on which ASCL is installed, You must remove ASCL from it.

7.3 Restrictions on Reverse Engineering, Deconstruction, De-Compilation, and Disassembly: You may not reverse engineer, deconstruct, de-compile, and/or disassemble ASCL in any way or embed ASCL’s parts into other software systems or mobile applications, except where expressly permitted under applicable law.

7.4 Assignment Restriction: Unless FGL provides You with written permission, You may not assign, rent out, lend out, re-permit, provide, or distribute or otherwise make available, ASCL in any form, in whole or in part to any third party.

7.5 Copying Restriction: You may not copy ASCL, except as part of the normal use of ASCL, or where a copy is necessary for the purpose of back-up or operational security.

7.6 Confidentiality: Unless FGL provides You with written permission, You will not reveal ASCL’s performance, evaluation results, testing results, technical secrets or any other confidential information of the same level to any third party.

7.7 Export Restriction: You agree to comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by ASCL. This obligation shall survive termination of the TOS.

8.1 Lawful Use: You may not use ASCL in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into ASCL or any operating system.

8.2 Non-interference: You may not use ASCL in a way that could damage, disable, overburden, impair or compromise FGL’s systems or security or interfere with other users.

8.3 Transmission of Objectionable Information: You must not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of ASCL.

8.4 Restriction on Harvesting Information: You may not collect or harvest any information or data from ASCL or FGL’s systems or attempt to decipher any transmissions to or from the servers running any service.

9.1 All intellectual property rights in ASCL throughout the world belong to us (or our licensors) and the rights in ASCL are licensed (not sold) to You, solely for Your use in accordance with the TOS. You have no intellectual property rights in, or to, ASCL other than the right to use them in accordance with the TOS.

9.2 You may use ASCL according to the TOS only. Unless You have been specifically permitted to do so by FGL, You agree that You will not reproduce, duplicate, copy, sell, trade or resell ASCL for any purpose.

9.3 Right of Trademark: You will not use any trademark, service mark, trade name, logo of FGL in a way that is likely or intended to cause confusion about FGL being the owner or authorized user of such marks, names or logos. Our trade names, trademarks and service marks include, without limitation, FUJITSU, FUJITSU GENERAL, and AIRSTAGE.

9.4 You acknowledge that all intellectual property rights raised by any improvements, modifications, or adjustments of ASCL via Your use of ASCL, directly or indirectly, belong to FGL.

9.5 You agree not to infringe our intellectual property rights or those of any third party in relation to Your use of ASCL, including by the submission of any material (to the extent that such use is not licensed by the TOS).

10.1 Except where required otherwise by applicable law, Your use of, and reliance on ASCL, is at Your own risk. To the fullest extent permitted under applicable law, ASCL are provided to You “as is”, without expressed or implied warranties or conditions of any kind concerning e.g. the performance, good or uninterrupted functioning, absence of errors or fitness for purpose. To the fullest extent permitted under applicable law, FGL does not warrant that ASCL will meet Your requirements or expectations.

10.2 FGL has no responsibility and provides no warranty for any accidents, abuses, errors, bugs, and problems arising due to unauthorized modifications of ASCL.

10.3 ASCL has not been developed to meet Your individual requirements. Please check that the facilities and functions of ASCL meet Your requirements. Due to the differences and complexity among operating systems and devices, FGL does not guarantee that ASCL will be compatible with all operating systems and devices, nor that they will operate properly under those conditions or meet Your expectations.

10.4 ASCL relies on network and GPS services, and may be affected by unstable factors, viruses, hacker attacks, system instability, lack of signal, and other factors which may cause ASCL not to perform as marketed or to meet Your expectations. You acknowledge the above conditions at Your own risk.

(a) FGL is not liable for (i) financial or economic losses, loss of anticipated profits or savings, loss of business, loss of data, loss of image nor for any form of indirect or consequential damage, or (ii) any damage arising out or reliance upon, use or inability to use ASCL.

(b) You shall be liable for (i) all unauthorized use of ASCL by any third party, unless You have taken all necessary measures to prevent such use in accordance with the terms of the TOS, and (ii) Your use of ASCL. You shall hold FGL harmless for any claim or action brought by third parties relating to Your use of ASCL (including services You provide to third parties via ASCL).

11.2 Subject to any exclusions in this Section 11, the total aggregate liability of FGL for any cause arising under or related to the TOS shall in any case be limited to the greater of (A) the total amount, if any, paid by You to FGL to use ASCL, or (B) ten United States Dollars (US$10).

11.3 We are not responsible for events outside our control. If we become aware or are notified that our provision or support for ASCL is delayed by an event outside our control then we will contact You as soon as possible to let You know and we will take steps to minimise the effect of the delay where we can. Provided we do this, we will not be liable for delays caused by the event but if there is a risk of substantial delay You may contact us to end Your contract with us.

11.4 We are not liable for business losses under the TOS. If You use ASCL for any commercial, business or resale purpose, we will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.5 The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or we were advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to You.

12.1 If You wish to stop using ASCL, You may do so at any time by deleting and removing ASCL from Your devices.

12.2 FGL may end Your rights to use ASCL (without court order) at any time by contacting You if You have broken these terms in a serious way. If what You have done can be put right, FGL will give You a reasonable opportunity to do so.

12.3 Following the termination of the TOS, You must immediately stop using ASCL, and delete all copied or installed content on ASCL. If required by FGL, You shall provide corresponding written proof. We may remotely access Your devices and remove ASCL from them and cease providing You with access to ASCL.

The list below sets out (a) the FGL contracting entity with which You have entered into the TOS (the “FGL Contracting Entity”), (b) the applicable laws with respect to which this TOS will be governed by and construed (without regard to such law’s principles of conflicts of law), except where any provision of the TOS must be superseded to reflect the law of the country where You are habitually resident, and (c) the courts which have exclusive jurisdiction over disputes between You and the FGL Contracting Entity arising out of or related to ASCL or the TOS, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory and including non-contractual disputes or claims. The determination for each of (a) – (c) is based on your country of residence or principal place of business, as applicable (such country, your “Residence”).

Your Residence	FGL Contracting Entity	Governing Law	Exclusive Jurisdiction
Any country in the European Union (excluding Italy and Republic of Ireland), Norway, Israel, Liechtenstein, Albania, Andorra, Armenia, Belarus, Bosnia and Herzegovina, Faroe Islands, Georgia, Gibraltar, Greenland, Guernsey, Isle of Man, Kosovo, Kazakhstan, 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 the Federal Republic of Germany	Courts of Düsseldorf, Germany
United States of America, Canada, Puerto Rico, Anguilla, Aruba, Cayman Islands, Commonwealth of Dominica, Dominican Republic, Turks and Caicos Islands, Mexico, Bahamas, Barbados, Costa Rica, El Salvador, Grenada, Guatemala, Honduras, Jamaica, Nicaragua, Panama, Saint Martin, Trinidad and Tobago, U.S. Virgin Islands	Fujitsu General America, Inc.	Laws of the State of New Jersey, United States	Federal or state courts in New Jersey
Italy	FUJITSU GENERAL (ITALIA) S.p.A	Italian Law	Courts of Milan
United Kingdom, Bailiwick of Jersey, Iceland, Republic of Ireland	Fujitsu General Air Conditioning (UK) Limited	English Law	Courts of England/Wales
United Arab Emirates	Fujitsu General (Middle East) FZE	Laws of Dubai	Courts of Dubai
India	FUJITSU GENERAL (INDIA) PRIVATE LIMITED	Laws of India	Courts of Chennai, Tamil Nadu

14.1 FGL may make changes to the TOS from time to time and will try to give reasonable notice where possible. When any changes are made, FGL will make a new copy of the TOS available through ASCL. If You do not accept the new TOS, please immediately stop using ASCL, otherwise, FGL will treat Your use as acceptance of the updated TOS.

14.2 We may transfer our rights and obligations under the TOS to another organisation. We will take reasonable steps to inform You in writing if this happens and we will try to ensure that the transfer will not affect Your rights under the TOS.

14.3 The TOS do not affect Your statutory rights where such statutory rights may not be waived.

14.4 If any one or more of the provisions of the TOS be invalid, (i) such provision(s) shall be deemed deleted, but shall not effect the validity and enforceability of the rest of the TOS, and (ii) the parties shall agree on a replacement provision(s) that comes as closely as possible to the commercial meaning and purpose of the invalid provision(s).

For any doubts or problems arising during installation and/or use of ASCL, or for any questions or complaints about the TOS or ASCL, You may contact FGL for assistance by using the contact details relevant to your Residence in the list below.

Your Residence	Contact Point	Contact Information
Any country in the European Union (excluding Italy and Republic of Ireland), Norway, Israel, Liechtenstein, Albania, Andorra, Armenia, Belarus, Bosnia and Herzegovina, Faroe Islands, Georgia, Gibraltar, Greenland, Guernsey, Isle of Man, Kosovo, Kazakhstan, Kyrgyzstan, Moldova, Monaco, San Marino, Serbia, Svalbard and Jan Mayen, Switzerland, Tajikistan, Turkey, Ukraine, Vatican, Russia, Macedonia, and Montenegro	Fujitsu General (EURO) GmbH	E-MAIL: info@fujitsu-general.de ADDRESS: Fritz-Vomfelde-Strasse 26-32, 40547 Dusseldorf, Germany TEL: +49-211-500980
United States of America, Canada, Puerto Rico, Anguilla, Aruba, Cayman Islands, Commonwealth of Dominica, Dominican Republic, Turks and Caicos Islands, Mexico, Bahamas, Barbados, Costa Rica, El Salvador, Grenada, Guatemala, Honduras, Jamaica, Nicaragua, Panama, Saint Martin, Trinidad and Tobago, U.S. Virgin Islands	Fujitsu General America, Inc.	E-MAIL: servicehvac@fujitsugeneral.com ADDRESS: 342 Changebridge Road, Building 200, Suite 300, Pine Brook, NJ 07058, U.S.A TEL: +1-973-575-0381
Italy	FUJITSU GENERAL (ITALIA) S.p.A	E-MAIL: info@fgit.fujitsu-general.com ADDRESS: Via Galileo Galilei 40, 20092 Cinisello Balsamo (MI), Italy TEL: +39-02-91572030
United Kingdom, Bailiwick of Jersey, Iceland, Republic of Ireland	Fujitsu General Air Conditioning (UK) Limited	E-MAIL: technical@fgac.fujitsu-general.com ADDRESS: Unit 150, Centennial Park, Centennial Avenue Elstree, Hertfordshire WD6 3SG U.K. TEL: +44-20-8731-3450
United Arab Emirates	Fujitsu General (Middle East) FZE	E-MAIL: info@fujitsugeneralme.ae ADDRESS: P.O.BOX 17547, S/R S3B4SR06, Jebel Ali FZE South, Dubai, U.A.E. TEL: +971-4-8834008
India	FUJITSU GENERAL (INDIA) PRIVATE LIMITED	E-MAIL: customercare.india@fujitsu-general.com ADDRESS: Prestige Cosmopolitan, No.36, 8th Floor, Sardar Patel Road, Guindy, Chennai - 600032 Tamil Nadu, India TEL: 1 860 2081 007

The user types that can use ASCL and the HVAC Units vary depending on the individual or entity contracting with FGL for the use of ASCL (the “Customer”) and the relevant Platform.