TERMS OF SERVICE

Please read the following terms carefully before accessing or using: the Airstage Cloud Account Manager Application (“ACAM”), the Airstage Edge Controller (“ASEC”) and the Airstage Cloud web application (“ASC Web App”) (ACAM, ASEC and the ASC Web App together “ASC”); and 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”) (ASC and ASCL together the “Platforms”) for our heating, ventilating and air conditioning units (“HVAC Units”). Details about the Platforms 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 (“FGL”, “we”, “us”, “ our”). BY DOWNLOADING, UPDATING OR OTHERWISE USING THE PLATFORMS, 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 THE PLATFORMS ON BEHALF OF OR FOR THE BENEFIT OF ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED, THEN BY USING THE PLATFORMS 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 THE PLATFORMS : if so, please stop installing, copying, updating or otherwise using the Platforms 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 the Platforms’ functionalities, please consult Your copy of theee 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 corporatation, 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 the Platforms 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 the Platforms 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 the Platforms 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 the Platforms.

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

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 the Platforms (including any applicable device data transmission charges).

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

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

4.4 Such updated versions will be available (as the version of the Platforms 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 the Platforms 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.

The ways in which You can use and update the Platforms 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 the Platforms, and permits You to (i) download a copy of the Platforms on to Your mobile phone or device, and (ii) view, use and display the Platforms on such device for Your personal purposes only.

6.2 If You download the Platforms 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 18 or over to accept the TOS and use the Platforms.

7.2 Sharing Restriction: If You sell any device on which the Platforms are installed, You must remove the Platforms from it.

7.3 Restrictions on Reverse Engineering, Deconstruction, De-Compilation, and Disassembly: You may not reverse engineer, deconstruct, de-compile, and/or disassemble the Platforms in any way or embed the Platforms’ 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, the Platforms in any form, in whole or in part to any third party.

7.5 Copying Restriction: You may not copy the Platforms, except as part of the normal use of the Platforms, 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 the Platforms’ 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 the Platforms. This obligation shall survive termination of the TOS.

8.1 Lawful Use: You may not use the Platforms 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 the Platforms or any operating system.

8.2 Non-interference: You may not use the Platforms 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 the Platforms.

8.4 Restriction on Harvesting Information: You may not collect or harvest any information or data from the Platforms 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 the Platforms throughout the world belong to us (or our licensors) and the rights in the Platforms are licensed (not sold) to You, solely for Your use in accordance with the TOS. You have no intellectual property rights in, or to, the Platforms other than the right to use them in accordance with the TOS.

9.2 You may use the Platforms 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 the Platforms 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 the Platforms via Your use of the Platforms, 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 the Platforms, 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 the Platforms, is at Your own risk. To the fullest extent permitted under applicable law, the Platforms 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 the Platforms will meet Your requirements or expectations.

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

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

10.4 The Platforms rely 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 the Platforms 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 the Platforms .

(b) You shall be liable for (i) all unauthorized use of the Platforms 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 the Platforms. You shall hold FGL harmless for any claim or action brought by third parties relating to Your use of the Platforms (including services You provide to third parties via the Platforms).

(c) Nothing in the TOS shall have the effect of excluding or limiting the liability of either party for: (i) death or personal injury to the extent it results from negligence, or that of either party’s employees or agent in the course of their engagement thereunder, (ii) fraud or fraudulent misrepresentation, or (iii) anything else that cannot be excluded or limited under applicable law.

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 the Platforms, 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 the Platforms 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 the Platforms 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 the Platforms, You may do so at any time by deleting and removing the Platforms from Your devices.

12.2 FGL may end Your rights to use the Platforms 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 the Platforms, and delete all copied or installed content on the Platforms. If required by FGL, You shall provide corresponding written proof. We may remotely access Your devices and remove the Platforms from them and cease providing You with access to the Platforms.

The TOS are governed by English law, except where any provision of the TOS must be superseded to reflect the law of the country where You are habitually resident. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the TOS or its subject matter or formation.

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), and (c) the courts which have exclusive jurisdiction over disputes between You and the FGL Contracting Entity arising out of or related to the Platforms 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 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, Federative Republic of Brazil, Oriental Republic of Uruguay, Puerto Rico, Anguilla, Aruba, Cayman Islands, Dominica, 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
United Kingdom, Bailiwick of Jersey, Iceland, Republic of Ireland	Fujitsu General Air Conditioning (UK) Limited	English Law	Courts of England/Wales

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 the Platforms. If You do not accept the new TOS, please immediately stop using the Platforms , 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 the Platforms, or for any questions or complaints about the TOS or the Platforms, You may contact FGL for assistance by using the contact details relevant to Your jurisdiction/Residence in the list below.

Your Residence	Contact Point	Contact Information
Any country in the European Union (excluding 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, Anguilla, Aruba, Cayman Islands, Dominica, Turks and Caicos Islands, Mexico, Bahamas, Barbados, Federative Republic of Brazil, Canada, Costa Rica, El Salvador, Grenada, Guatemala, Honduras, Jamaica, Nicaragua, Panama, Oriental Republic of Uruguay, Puerto Rico, Saint Martin, Trinidad and Tobago, U.S. Virgin Islands	Fujitsu General America, Inc.	E-MAIL: servicehvac@fujitsugeneral.com ADDRESS: 340 Changebridge Road, Building 200, Suite 300, Pine Brook, NJ 07058, U.S.A TEL: +1-973-575-0381
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

· For use with high-capacity, large-scale, ductless HVAC Units , specifically, Variable Refrigerant Flow units.

· Primarily used in large private residences, multi-family dwellings, commercial buildings, office buildings, and other residential and light commercial properties (e.g., offices, small medical clinics and restaurants) of 2000m² or less.

· Accessible via the ASC Web App and ASEC . Both applications allow end-users to:

· ACAM also helps FGL distributors and partners to set up and manage clients’ end-user accounts on the ASC Web App.

· For use with split type air conditioner units, specifically Precision Air Conditioning units (designed for cooling data centers and server room environments) and Refrigeration Air Conditioning units (designed for single room use only).

· Accessible via the ASCL Mobile App (a mobile application). ASCL Mobile App allows end-users to:

o Remotely control the HVAC Units in their property (e.g., to adjust the cooling/heating level, the air speed, air direction, timers), and