1. Relationship
    1. These Terms set out the relationship between you and us. When we refer to “we”, “us” or “our”, are intended reference is to SageGlass. When we refer to “you”, our intended reference is the user accessing denoted software and products and/or the affiliated company that is a customer of SageGlass.

    2. The services are for remote access to the software that controls the SageGlass The Service permits you to download our app on to your smartphone or tablet, and access the features od the app through web portal and our app. We refer to all of these as the “Services” or “Features.”

    3. Our software is called the SageGlass Symphony® Mobile Application, the SageGlass Web Admin Portal, and SageGlass Maestro and each such software uses third party software and such third party software and other microservices, third-party resources and non-defined cloud components are components of Service. This list should be seen as non-exhaustive and SageGlass retains the rights to update with incorporation of new software, Products, Services or Features.

    4. To use this Service you must be over the legal contracting age limit prescribed in your jurisdiction.  If you are not of the prescribed contracting age, please ask your parent or legal guardian’s permission to access the Services on your behalf.

    5. These terms of use only apply to your use of the app, and are separate and apart from the terms of sale that  apply to purchase of the SageGlass or its underlying controls.

    6. Certain features of the Services may be subject to additional terms, which we will provide with such features.
  1. Using the Services
    1. If you want to continue to use our app, as a precondition you are required to agree to these terms by clicking the consent button, which obligates you to comply with these terms of use.

    2. Even if you download the app, you will not get access to the Services unless the administrator of the applicable SageGlass and controls requests us to give you access or approves your access to this app.  If you are the administrator, then you should only authorize individuals who you trust to access your respective accounts, Products and Services.

    3. If you are the administrator, you will be primarily in charge of configuring access to  the software by your authorized users, occasionally, SageGlass will assist you to enhance your users experience, to the extent it can. Such assistance will be provided on a case by case basis at Sageglass’ sole discretion and SageGlass does not have any obligation to provide such assistance nor shall it have any liability with respect to the assistance provided. The assistance provided by Sageglass may include support in configurations, set-up, customizations or system adds, changes or deletion. We are not responsible for any access provided to your users based on  the information provided by you and each of your users will own the accuracy of the information they provide us.

    4. The Services may require that you have a user account in order to use the Services. You are responsible for the accuracy of your information (to setup your user account) and taking steps to keep your user account secure. By creating a Personal Account, the User has a unique personal ID and password that are strictly personal and that he/she undertakes to keep confidential. The registered User, and possibly his/her representative, is the only one authorized to use the Personal Account put at his/her disposal on the Platform, using the personal ID and password.

      The User undertakes not to enable any other person access to his/her Personal Account under his/her personal ID and password. In the event the User becomes aware of another person accessing his/her Personal Account using his/her personal ID and password, the User shall inform SG Isover without delay at isover-technical-insulation@saint-gobain.com.

      In any event, the User remains fully responsible for keeping his/her personal ID and password confidential. In no event shall SG Isover be held liable in this respect. The User undertakes to provide truthful and accurate information.

    5. We are consistently working to improve the Service, so they may change over time. We may update the Services by providing fixes or modifications, introduce new features or functionality, change or discontinue (temporary or permanently) any feature or functionality, component or content, impose limits on certain features or restrict access to parts or all of the Services. All of these updates and changes we refer to as “Updates”.

    6. In certain cases, the Updates may cause older hardware devices, third party services, software configurations or setups to no longer work with the Services, and you may be required to upgrade or change these devices, services, configurations or setups in order to continue using the Services.

    7. Updates may occur automatically without additional notice or receiving any additional consent from you. By accepting these terms of use, you consent to these automatic Updates. We may also ask you to install Updates yourself, and you are responsible to do so promptly. Your failure to install any Updates may expose you to risks (like security risks) and will affect and limit our liability and ability to provide the Services to you.

    8. Proper functioning of the Services relies on the transmission of data through third-party devices and service providers, including your wi-fi network, enabled wireless device (such as a smartphone or tablet) and (for certain Products) broadband internet access. SageGlass has no control over and is not responsible for any of these third-party devices and services, compatibility and proper configuration thereof with the Products and Services and related costs. If these devices or services are interrupted, delayed, refused or otherwise limited for any reason, it may result in the Services being unreliable or unavailable for the duration of the limitations.

    9. By using these Services, you agree to act as a reasonable person would in the use of such similar services, including but not limited to compliance with applicable laws, including privacy and intellectual property rights, refrain from removing, obscuring, or altering any of our branding, logos, or legal notices, and refuse to harm, interfere, abuse or disrupt the Services in any fashion.

    10. Utilization and access of certain Products, Features, or Services may be dependent on and require additional products, features, or services as indicated by us. Existing Products, Features and Services which currently are not dependent may also have future dependencies and requirements as the sole discretion of SageGlass unless otherwise noted within superseding legal agreements or contracts.

    11. Should you provide feedback, we may, but are not obligated to, act on your feedback. By giving your feedback, you relinquish any Intellectual Property and ownership rights on your feedback.
  1. Information and Data
    1. Authorized Users, in certain instances, may be required to submit your personal or other information “User Submissions”.  Such User Submission will be stored in the cloud. You will be solely responsible for any User Submissions you make and are required to obtain any necessary permissions before submissions. We also gather your information, such as user preferences, through your use of the Services, often in an automated fashion (“Device Data”). You remain the owner of your User Submissions and Device Data at all times.

    2. Permission to use your information: Subject to your privacy rights as set forth, by using the Services, you give us a non-exclusive, worldwide and royalty-free license to (i) host, reproduce, distribute, modify, communicate, and use your User Submissions and Device Data; and (ii) grant access of your User Submissions and Device Data to Authorized Users and for (as defined below) Third-Party Products and Services, for the purpose of operating and improving the Services; developing new technologies and services; and managing the experience, security, and stability of the Service.

    3. Security of your information: While we use reasonable efforts to maintain the integrity and security of your User Submissions and Device Data, we cannot guarantee that our security systems will not be breached by unauthorized third parties for improper purposes.
  1. Products and Services of Others
    1. The Services may allow the Products to interact with the products, apps and services of others (“Third-Party Products and Services”). In order to enable this interaction, we may need to exchange your User Submissions and Device Data with the relevant third parties.  We are not responsible for Third-Party Products and Services or your direct or indirect interaction with and use of such Products and Services.

    2. SageGlass Services may use various open or commonly available standards or means to communicate and work with smart or connected devices that are also similarly used by other products, systems or services not manufactured by us. Such products and related services that are not guaranteed or certified by us as compatible with the Services.

    3. Our website, app or communication may contain links to other independent third-party sites. These links are provided solely as a convenience and as they are not under our control, we do not endorse or take responsibility for the content of such sites.
  1. Privacy
    1. Your privacy is important to us. Our Privacy Policy applies to the use of the Services and can be found at Privacy Policy (NA) | SageGlass and Privacy Policy (EU) | SageGlass . Please read these documents as they describe, amongst others, the types of personal data we collect from you, your products and the Services, how we might use your personal data, the legal bases we have to process your personal data, as well as your privacy rights, such as right to opt-out.

    2. A privacy notice can also be found at www.sageglass.com/privacy-and-legal regarding the access and use of the software SageGlass Maestro by the users.
  1. Suspension - Termination
    1. We may suspend the Services, without liability, penalty and notice to you, for security reasons, systems failure, maintenance and repair or other circumstances.

    2. We may terminate or suspend your access to the Services or delete your user account under the following circumstances: if we believe that you have used the Services or Products in violation of these Terms; we are required to do so to comply with a legal requirement or a court order; we reasonably believe that your conduct causes harm or liability to a user, third party, or us; you have failed to uphold specified requirements as noted in these terms or in other contractual obligations agreed upon by both parties, including but not limited to, missed payments, inadequate network configurations, and failure to provide access to required systems; you have not signed into your account during a one-year period.
  1. Content and Software
    1. SageGlass owns and retains any intellectual property rights in the Services and any content includes in such Services, except for any underlying Third-Party licenses and software, required to access the Services.

    2. The Services includes content that belong to us. You may use our content as allowed by these Terms, but we retain any intellectual property rights that we have in our content.

    3. The Services may give you access to content that belongs to other people or organizations. You may not use such content without that person or organization’s permission, or as otherwise allowed by law.

    4. You may not copy, modify, distribute, sell or lease any part of the Services or software included in the Services. Also, you may not reverse engineer or attempt to extract any of our source code.
  1. Disclaimer and Liability
    1. We are providing you with the Services “as-is” and “as available” and that we do not make any warranties, guarantees or commitments about the Services (including the content of the Services, the specific functions of the Services, or their availability, reliability or ability to meet your needs).

    2. We will not be responsible for any direct, indirect, consequential, punitive, special, or incidental damages. These Terms only limit our responsibilities as allowed by applicable law.
  1. Disputes, Governance and Courts
    1. To the fullest extent permitted by applicable law, and except to the extent expressly provided in the following paragraphs under this section 9 or section 11, these Terms, your relationship with us, and your use of the Services (i) outside of the United States of America are governed by the laws of your country and state of residence, and you and us agree to submit to the exclusive jurisdiction of your local courts. The applicability of the United Nations Convention on Contracts for the International Sale of Goods, and any other laws that direct the application of the laws of any other jurisdiction, are expressly disclaimed and excluded; and (ii) within the United States of America, these Terms, your relationship with us, and your use of the Services are governed by the laws of the State of Minnesota, excluding its conflict-of-laws and choice-of-laws provisions.
  1. Regarding these Terms
    1. By applicable laws, you might have certain rights that can’t be limited by a contract like these Terms. These Terms are in no way intended to restrict those rights.

    2. If it turns out that a particular provision is not valid or enforceable, this will not affect any other provisions of these Terms.

    3. If we don’t take any action immediately after you did not follow these Terms, it does not mean that we would not have the right to take action in the future.

    4. We may update these Terms to reflect changes in the Services or how we do business or for legal, regulatory, or security reasons. If we make changes that impact you significantly, we will provide you with the opportunity to review the changes and if requested agree with the changes in order to continue use of the Services. Your inaction or continued use of the Services, after any such alerts or notices, or your acceptance of any changes for which we require your prior approval, will tell us that you agree to these changes.

    5. Not all of the Services or Features may be available in your country.
  1. Terms for Certain Scenarios
    1. By utilizing “Early Access” for certain features in your app, you are agreeing to get early access to such features prior to making such features available to all our users (“Early Access Features”) which are more likely to contain errors, bugs, or other problems not usually associated with standard release to all app users (“Standard Release”). Like our other Services, even our Early Access Features are provided “as is” and “as available” and we, and our affiliates, licensors and/or suppliers do not make any warranties, guarantees or commitments about the Early Access Features (including its content, specific functions, or availability, reliability or ability to meet your needs) as there is always the possibility that things do not work as they are supposed to. We have no obligation to provide the Early Access Features with our Standard Release and may make changes to the Early Access Features or discontinue roll-out thereof. What will be released in Standard Release may differ from the Early Access Features. If you are not satisfied with the Early Access Feature, your sole remedy is to terminate your use of the Early Access Features. If at any point you want to discontinue access to the Early Access Features you can disable this in your app (where possible) or by deleting and reinstalling the app.