JCM CLOUD CONDITIONS

The proprietor of the CloudAssistant web application (hereafter referred to as CloudAssistant or the App, without distinction), is JCM Technologies, S.A., with Tax Id no. ES. A-08.827.974 and registered office at Calle Costa d'en Paratge, 6 B, Pol. Ind. Sot dels Pradals, 08500 Vic, Barcelona, Spain and entered in Barcelona Mercantile Registry at Tome 20.824, Folio 36, Sheet B-12.779 (hereafter referred to as the Proprietor).

Depending on the functionality required by the CloudAssistant user, this can include the use of programmes that the user has to download and install in the devices from which he wishes to access CloudAssistant.

The Proprietor makes CloudAssistant available to any user who, in compliance with the conditions of the CloudAssistant licence of use, accesses CloudAssistant with the main purpose of:

1. Managing installations and the devices where they are installed.
2. Programming the devices for installations.
3. Add/remove emitters to or from the programmed equipment.
4. Enquiring about events.
5. Programming access hours.
6. Managing groups of emitters allocated to maintenance.
7. Transferring the changes made in CloudAssistant to the physical devices.

hereafter referred to as CloudAssistant Functionalities.

General Conditions and Licence of Use

1. Identification of the parties

1.1. The General Conditions and Licence of Use set out here are signed, on the one hand by JCM Technologies, S.A. (hereafter referred to as the Proprietor), as proprietor of the CloudAssistant application (hereafter referred to as CloudAssistant or the App, without distinction), a web application which permits the CloudAssistant Functionalities described above through a web browser, and on the other by the user, understood as the physical or legal person that, freely and voluntarily, accesses CloudAssistant, independently of whether or not using the services and tools offered in CloudAssistant at any time. The use of CloudAssistant may also require the download and installation of a programme to allow the transfer of data introduced by the user in CloudAssistant to the physical devices.

1.2. The user, on accessing CloudAssistant, accepts these Conditions in what may be applicable to any Internet user who, simply, accesses CloudAssistant. When registering the user also accepts them and submits without reservation to everything set out here. The Proprietor recommends reading this document with care and attention and also checking regularly on its contents.

2. CloudAssistant

2.1. The main purpose of CloudAssistant is to permit the user access to the CloudAssistant Functionalities.

For this reason it is essential to be registered.

2.2. The use of and registration in CloudAssistant is subject to payment of a regular quota with the frequency decided by both parties.

2.3. At present, you cannot include any payment method in CloudAssistant.

2.4. CloudAssistant is designed to be used in certain mobile devices with access to Internet. However, CloudAssistant does not itself include access to Internet or to mobile telephone networks, so that the user has to pay a price to the Internet access provider or the appropriate mobile operator. Enquire beforehand for your provider's access conditions and prices.

2.5. We inform you also that in the future CloudAssistant may include publicity for ourselves or for third party enterprises.

3. Intellectual and industrial property and licence for use

3.1. By virtue of accepting these Conditions and provided that the user meets all his obligations under the terms of these Conditions or any other conditions that may be applicable, the Proprietor grants the user a right of use over CloudAssistant, as CloudAssistant is offered at any time, not exclusive, with no possibility of assignment or sublicence, worldwide and for all the time that CloudAssistant remains installed in the user's device or that the user accesses CloudAssistant via the web, by virtue of which:

The user is authorised for access to CloudAssistant and for the unlimited download of programmes associated with CloudAssistant and their installation in the user's devices, although measures may be implemented for the purpose of limiting the number of simultaneous connections from a single place or IP address .

The user is also authorised to access and use CloudAssistant, whenever it is active and available, for personal and private purposes.

3.2. In no case is the user authorised under this licence of use for commercial and/or other purposes different from those listed in the above section.

3.3. This licence of use does not mean the grant of any intellectual or industrial property right over CloudAssistant or over any content present in it, the intellectual property rights over CloudAssistant and all the elements comprised in it (including programming, design, applications, graphics, codes, text and images present, as well as the contents published and the technology associated with the site) being the Proprietor's exclusive property or holding sufficient rights and authorisations for their exploitation. In consequence, any reproduction, distribution, public communication, availability or transformation of CloudAssistant or of any element comprised in CloudAssistant is strictly prohibited.

3.4. In the same way, the domain name, trademarks, trading names and, in general, any distinctive sign that is found in CloudAssistant is in the Proprietor's ownership or the latter has the licences necessary to use them.

3.5. Should you notice any infringement of the intellectual and/or industrial property rights in CloudAssistant, we would be grateful if you could tell us about it as soon as possible, writing to the following email address: admin@jcm-tech.com

4. The user's obligations

The user undertakes:

To make careful, correct and lawful use of CloudAssistant, with a respect for current legislation (particularly that relating to data protection and intellectual and industrial property), morality and good practices, as well as public order.

To reread these General Conditions of Use regularly, and any other conditions that may be applicable, checking for any changes that, as appropriate, may have been made.

To check up on any notifications that, as appropriate, may be sent out by the Proprietor, since they may include important information.

Not to use CloudAssistant for commercial purposes; for example, collecting information or contents in order to provide other services that may be in clear competition with the Proprietor.

Not to alter or attempt to modify CloudAssistant in any way or take any action or use means intended to simulate the appearance or functions of CloudAssistant.

To refrain from any action that could involve the introduction of computer viruses, worms, Trojan horses or any other kind of malware intended to interrupt, destroy or limit the functionalities of CloudAssistant.

Not to use inverse engineering techniques and/or decode, decompile or use any other system designed to discover the CloudAssistant source code or any other element subject to underlying copyright or intellectual property.

Not to damage, disable, overload or obstruct the service (or the network or networks connected to the service), or interfere in their use and enjoyment.

In any case, not to carry out any kind of action that could infringe the rights or interests of the Proprietor or of third parties such as, for example, intellectual or industrial property rights (patents, trademarks, copyright, trade secrets, etc.).

With respect to his profile in CloudAssistant, the registered user undertakes:

Not to be identified with false or inexact data, either deliberately or using the identity of third parties.

To use only the profile created in the user's own name, not using third party profiles without their prior express consent.

Not to sell, commercialise or transfer the user profile in CloudAssistant to third parties.

To be solely responsible for any activities taking place from the user profile, being bound to keep it updated at all times.

To exercise the strictest confidentiality over own data and access keys, being liable for any loss and damages that may ensue from any violation of that confidentiality.

To be liable for losses suffered or that may be suffered by third parties as a consequence of non-compliance with these Conditions or with any others that may be applicable, such as the General Conditions of Use.

5. Third party links

5.1. It is possible that you may find in CloudAssistant links or connections to third party pages or websites. The Proprietor accepts no liability over them or over their contents or correct functioning, or over any consequences that may result from accessing them.

5.2. With regard to links published by the Proprietor, the user acknowledges and accepts that these links lead to external sites outside the control of both CloudAssistant and the Proprietor, and that the latter does not approve or inspect the functions, advertising or, in general, anything included in third party pages, even when the link is from CloudAssistant itself; therefore, it cannot be guaranteed that they do not contain computer threats, viruses or malware or house some illicit or inadequate content or other links that, in turn, lead to sites with one or another of the above characteristics.

6. Exclusions from liability

6.1. The Proprietor works to ensure that the CloudAssistant services and functionalities are always available. However, CloudAssistant will be shown “as is”, depending on availability and on the limitations that may occur at any time.

6.2. In spite of the continuous efforts made by the Proprietor to protect the systems and contents included in CloudAssistant, to which end the normal security standards of Internet are applied, it is not possible to offer total guarantees in relation to intrusions or any loss of information that may occur. In the same way, no guarantee can be given on the absence of viruses or other damaging elements in CloudAssistant or in third party sites which may cause alterations in the user's computer systems, both software and hardware. For this reason, the user accepts and understands that there are situations that can escape the Proprietor's control.

6.3. The user will be solely responsible for payment methods introduced into CloudAssistant. On including them, it will be understood that the user is empowered to do so, through being the holder of the card introduced and/or other payment methods, accepting any liability in the contrary case.

6.4. In no case will the Proprietor be responsible for the availability, correct functioning and security of the payment methods available, to the degree that liability over them corresponds to their respective providers.

6.5. The Proprietor is exempted from any liability for undue access to contents as a consequence of a registration made by the user with deliberately false or inaccurate data regarding the user's age.

6.6. The Proprietor declines all liability arising from the misuse of CloudAssistant by users and from non-compliance with the obligations and undertakings accepted under these General Conditions and Licence of Use or in any others that may be applicable.

6.7. In general, neither the Proprietor nor its collaborators will be liable for any case of loss of profits or consequential loss for any reason.

7. Compensation

7.1. If there should be any kind of loss, damages, prejudice or costs (including fees for lawyers or procurators) suffered by the Proprietor as a consequence of any non-compliance by the user with these General Conditions and Licence of Use, or with any others applicable, such a case will bring with it the obligation of compensating the Proprietor.

7.2. The same will apply in the event that, as a consequence of non-compliance by the user, claims should be made against the Proprietor by third parties, in which case the user will hold the Proprietor indemnified, the latter being able to claim for any expense, cost, loss or damages arising from the user's actions.

8. Duration, termination and exclusion

8.1. The duration of these Conditions is indeterminate and extends for the whole time that the user maintains his account in CloudAssistant.

8.2. At any time, the user can terminate these Conditions simply by cancelling his user account by means of the tools provided in CloudAssistant for the purpose.

8.3. For its part, the Proprietor reserves the right to terminate these Conditions or to block or cancel the user's account in the event of serious and/or repeated non-compliance with the conditions here set out or with any other conditions that may be of application.

9. Personal data of CloudAssistant users

The collection and processing of the personal data of the user collected by the Controller through CloudAssistant is governed by the CloudAssistant Privacy Policy, available at: https://www.jcm-tech.com/legal/cloudassistant-privacy-policy/.

10. Personal data of end customers included in CloudAssistant.

The collection and processing of the personal data of the user's end customers, collected by the user and included in CloudAssistant, is governed by the provisions of this clause 10.

10.1. When the Controller acts as data controller: The Controller shall act as the data controller when it deems it necessary to carry out tasks related to service management, CloudAssistant maintenance, and tasks to verify or improve the security of CloudAssistant. The processing of personal data will be based on the Controller's legitimate interest in maintaining its application secure and up to date. Personal data processed for these purposes will not be disclosed to third parties (unless legally required) and will be retained for as long as the user holds a valid CloudAssistant license and even thereafter, for the entire period during which liability may be demanded from the Controller according to applicable law. In such cases, the data will be blocked until the corresponding statute of limitations expires.

The end customer may exercise their rights of access, rectification, erasure, restriction, objection, and data portability concerning those personal data under data protection regulations, by sending a written request to the postal address: Polígono Industrial Sot dels Pradals, calle Costa d'en Paratge, 6 B (08500) Vic (Barcelona), or via email to: admin@jcm-tech.com. In the event of disagreement regarding the processing of their data, the end customer may lodge a complaint with the Spanish Data Protection Agency, the competent supervisory authority in the field (www.aepd.es).

10.2. When the Controller acts as data processor: The Controller shall be authorized to process the personal data of end customers (identification data, location data, contact data) collected by the user for the purpose of registering them in the system, and to enable the user to perform the CloudAssistant functionalities. In such cases, the user shall act as the data controller and the Controller shall act as the data processor.

By accepting the terms of use of CloudAssistant, the user declares and guarantees that: (i) they appoint the Controller as data processor because they consider the Controller offers sufficient guarantees to implement appropriate technical and organizational measures to ensure that processing will meet the requirements of the applicable data protection regulations and ensure the protection of the end customer's rights; and (ii) the user complies with all obligations established by the applicable data protection regulations as the data controller.

The Controller will process the end customer's personal data solely in accordance with the user's documented instructions, including with regard to transfers of personal data to a third country or an international organization, unless required to do so under Union or Member State law applicable to the Controller. In such a case, the Controller shall inform the user of that legal requirement before processing, unless such law prohibits such notification for important reasons of public interest.

The Controller ensures that persons authorized to process personal data have expressly and in writing committed to confidentiality and to comply with the relevant security measures. This obligation shall extend to all employees of the Controller and will remain in force after resignation, dismissal, or termination of the CloudAssistant license.

The Controller shall implement mechanisms to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services; to restore availability and access to personal data promptly in the event of a physical or technical incident; to regularly test, assess, and evaluate the effectiveness of technical and organizational measures for ensuring the security of the processing; and to pseudonymize and encrypt personal data.

The Controller shall not engage another processor without the user's prior written authorization. By accepting the terms of use of CloudAssistant, the user authorizes the Controller to subcontract:

• Microsoft Corporation for hosting and storage of CloudAssistant-related information,
• Amazon Web Services for email services, and
• Twilio Inc. for IP telephony services,

all of whom are subject to the same data protection obligations as set forth in these terms of use.

To subcontract any other company, the Controller must notify the user in writing, clearly and unequivocally identifying the subcontractor and its contact information. Subcontracting may proceed if the user does not express opposition within one week.

The Controller shall assist the user, through appropriate technical and organizational measures, to enable the user to fulfill their obligation to respond to requests to exercise the rights of end customers under applicable data protection laws.

The Controller shall notify the user without undue delay, and in any case within 24 hours, of any personal data breaches under its responsibility of which it becomes aware, along with all relevant information for documenting and communicating the incident.

The Controller shall support the user in carrying out data protection impact assessments and prior consultations with the supervisory authority, where appropriate.

The Controller shall return to the user or delete personal data and, where applicable, the media on which they are stored, upon termination of CloudAssistant use. Notwithstanding the foregoing, the Controller may retain a copy, with the data duly blocked, for as long as liabilities related to the use of CloudAssistant may arise.

The Controller shall make available to the user all the information necessary to demonstrate compliance with its obligations and to facilitate audits or inspections carried out by the user or by another auditor authorized by the user. The Controller shall promptly inform the user if, in its opinion, an instruction violates Union or Member State data protection regulations.

10.3. Duty to inform: The Controller will not inform end customers of the processing of their personal data carried out by the user and/or the Controller in CloudAssistant. The user shall be solely responsible for providing such information to its end customers in accordance with the applicable data protection regulations and the terms set out in this clause 10, thereby holding the Controller harmless and indemnified from this duty to inform.

10.4. Statistical data: JCM Technologies, S.A.U. may process, directly or indirectly, the set of data stored in CloudAssistant in such a way that it cannot be attributed to a natural person without using additional information stored separately, for the purpose of developing advanced statistics and identifying potential behavioral and application usage patterns. The aim of this processing is to detect possible improvements in the application and/or potential new features and services that may be of interest to CloudAssistant users. The processed and obtained data may be used for these purposes by JCM Technologies, S.A.U., or in anonymized form by its authorized third parties.

By accepting this privacy policy, the user guarantees to JCM Technologies, S.A.U. that the end customer grants JCM Technologies, S.A.U. and its authorized third parties all exploitation rights over the content included in CloudAssistant and processed for these purposes, in a perpetual, non-exclusive manner, without temporal or territorial limitation, free of charge and royalty-free. Likewise, the user guarantees on behalf of the end customer that there is no obstacle or third-party right preventing such processing, thereby releasing and holding JCM Technologies, S.A.U. harmless from any claims.

11. Safeguarding and interpretation

11.1. These Conditions constitute a single agreement between the user and the Proprietor.

11.2. If the competent Authority should declare any provision as illegal, invalid or not enforceable, this will mean that it shall be interpreted in the closest manner possible to the original intention of that provision. However, such a declaration respecting one or another clause will not detract from the validity of the rest.

11.3. That the Proprietor does not demand strict compliance with any of the terms of these Conditions does not mean and can in no case be interpreted as meaning a waiver by that party of demanding compliance in the future.

12. Language

12.1. The language applicable to these Conditions is Spanish. If an English version is offered it is merely as a courtesy, for the user's convenience. Therefore the user accepts expressly that they are governed by the Spanish version.

12.2. If there should be any contradiction between what is indicated in the Spanish version of these Conditions and what is given in the translation, in every case the Spanish version will prevail.

13. Legislation and forum

Relations between the Proprietor and the user will be governed by Spanish legislation and, in the event of any conflict in the interpretation of or compliance with these Conditions, they submit themselves, with express waiver of any other forum that could apply to them, unless by Law some other forum is determined imperatively, to the Courts and Tribunals of the user's city.