PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
SOLAARI is a registered trademark owned by Groupe LDLC, S.A. with a board of directors and a supervisory board with a share capital of 1,137,978.08 Euros whose head office is located: 2 Rue des Érables – CS21035 - 69578 LIMONEST CEDEX (telephone: +33 (0)4 72 52 37 77), registered
at the Companies Register of Lyon under number B 403 554 181 (VAT FR 26 403 554 181 - BE
863 283 964).
Your acceptance of these terms and conditions of use, hereinafter referred to as “Conditions”, is made by your express consent which is given following the downloading of the application, by ticking the box provided for this purpose.
This allows you to use the features of the Mobile Application, hereinafter referred to as the “Application”, dedicated to the SOLAARI branded connected products which belong to Groupe LDLC, hereinafter referred to as “SOLAARI”.
You acknowledge having read and understood said Conditions and having agreed to abide by all the provisions governing your use of the products. Should you not have the required capacity, your parents are required to accept the terms and conditions governing your use of the products.
1. Connection
As part of the use of you SOLAARI lightsaber, it is mandatory to download the dedicated mobile application. The Application is available on the platforms of Android and iOS mobile operating systems and must be used in accordance with the terms of use of the above-mentioned mobile operating systems.
Downloading the Application requires a prior and effective Internet connection. The exchange of data between the Application and your SOLAARI lightsaber is done by requesting a Bluetooth connection. When using for the first time, a pop-up window allows you to pair your SOLAARI lightsaber.
SOLAARI makes available to SOLAARI lightsaber users a QR Code which allows you to connect faster to the platforms which host the Application and your smartphone.
SOLAARI reminds you that compliant use of the Application is done by downloading updates made available on Android and iOS platforms.
2. Your use of the
Application
The Application allows you to enjoy a better use of your SOLAARI lightsaber. You can choose the colour of your blade in the entire RGB spectrum, using a colour selector. It also allows you to access a library of sounds linked to the powering on/off and the movements of your lightsaber. The Application also allows you to track your combat statistics thanks to an integrated system that counts the strikes you deliver.
In addition, SOLAARI reminds you that any use or content which leads to damages incurred by the users, by SOLAARI or by third parties can engage the personal responsibility of the person involved.
3. Intellectual property
The Application has been designed to allow you to make the most of numerous features for a more realistic experience. However, by accepting these Conditions, you agree to respect SOLAARI’s rights.
3.1 Restricted License
By accepting these Conditions, you agree to respect the limited, non-exclusive and non- transferable right granted to you by SOLAARI. This use, related to your use of the Application remains exclusive, unique and non-commercial as of the date of installation, and also applies to the updates and potential patches implemented by SOLAARI.
Subject to compliance with the Conditions, SOLAARI grants you a user licence which is personal, non-exclusive, non-transferable, non-assignable and non sub-licensable.
3.2 Absence of right of ownership
You acknowledge and agree that the use of the license granted by SOLAARI gives you no title or ownership rights over any part of the Application.
To this end, the Application contains files including, but not limited to, images, sounds, trademarks, designs and models, applets as well as computer codes belonging exclusively to SOLAARI and protected by the provisions of national law.
The use of the Application does not grant you any right with respect to any information or content of the Application. By accepting these Conditions, you agree not to modify, translate, reproduce, sell, sub-licence or rent the content in the Application. In addition, you are not permitted to carry out a retro-engineering operation, to hack, decompile, extract, try to discover or modify the Application’s source codes.
4. Warranty and limitation of responsibility
SOLAARI, as per its obligation of means, makes available a tool designed to enable a community of users to “pair their SOLAARI lightsaber, tailor its settings and monitor its statistics”. This tool is made available as is and without any guaranty of any nature. SOLAARI offers no guarantee of any nature whatsoever regarding this tool, its contents and its performances. It is used at the user’s own risk.
SOLAARI reserves the right to carry out updating or maintenance operations for the purpose of improving the quality of the Application. The potential resulting functional failures shall not give rise to compensation in any form whatsoever.
It is admitted that as per the relationship between you and SOLAARI, as governed by these Conditions, SOLAARI shall not be liable for any amount exceeding the amount you paid to purchase this user licence.
SOLAARI accepts no responsibility with regard the downloading or installation of the Application, subject to the Terms and Conditions of Use of Android and iOS platforms. We cannot guarantee the functioning of the Application on your device.
SOLAARI accepts no responsibility with regard the maintenance of the Application should it become obsolete.
Subject to mandatory applicable law, and to the extent that this clause expressly applies to non- EU users, SOLAARI shall not be held liable for the loss or damage incurred by the use of the Application or the inability to access said Application due to the cessation of activities, computer malfunctions or loss of clientèle.
5. Technical difficulties
In the event of a technical difficulty pertaining to the use of the Application, SOLAARI invites you to contact After-Sales.
6. Personal data protection
SOLAARI undertakes to respect the data protection laws currently in force. To this end, you will find as an appendix of these Conditions, a list of the uses made of the personal data you submit to us, as well as your rights.
7. Miscellaneous:
Modifications - SOLAARI reserves the right to modify these Conditions in the interest of the users, as well as based on the developments of its offer and the market. For this purpose, an update of the Conditions shall then be carried out and brought to the knowledge of the users.
In the event that part of these Conditions is found to be invalid or unenforceable, it will be considered as replaced by respecting as much as possible the content of the original provisions. The Conditions continue to apply without interruption. In the event SOLAARI is not able to exercise the provisions, this failure shall not be deemed as a waiver of this provision. SOLAARI may assign these provisions in full or in part, at any time.
These provisions are bound by French laws, subject to the application of mandatory law which is more protective of the consumer.
Appendix 1: Personal
data
Data collected:
•
Surname and forename
of the user
•
Email address
•
Type of saber owned
•
Telemetry of the use of the Application
Purpose of the collection and legal basis for the processing:
•
Bug analysis
•
Usage analysis
•
Analysis of the behaviours linking
the Application to the saber Legal basis for the processing:
•
Consent of the person concerned
•
Execution of a contract Categories of data
recipients:
The data can be transferred:
•
To the Marketing
department
•
To
the Technical service
/ CIO Duration of
retention:
•
The retention period is 1 (one) year after the last connection.
Rights of persons:
Any person has the right to ask the person in charge of processing to access, modify or erase the data concerning them, or to limit its processing as well as to object to its processing.
In situations where processing is based on consent, the latter can be withdrawn at any time, without prejudice to the lawfulness of the processing based on the consent granted prior to its withdrawal. The persons concerned also have the right to define the guidelines pertaining to the fate of their personal data after their death.
Any person has the right to introduce a claim to any supervisory authority.