1. The Service
The Service connects Your Schneider Electric device which is manufactured and marketed by Schneider Electric and to which the Service can be applied (hereinafter “Device”) to Schneider Electric so that you can monitor and manage Your Device from anywhere anytime.
The Service offers lifecycle notifications for Your Device with integration into existing tools (Remote Monitoring & Management) or through your browser with the ability to monitor the status of Your Device from anywhere anytime online through a dedicated web portal or RMM plugin as well as offer a support function. The Service is economical, simple to use with its automatic notifications and updates, as well as accessible and secure.
The Service and its variations are described in detail on smartconnect.apc.com.
In case of a discrepancy between information in hard copy and the description on www.schneider-electric.com the latter shall prevail.
The Service requires that you create and activate an account in accordance with Section 2 (hereinafter “Account”). The Service will enable Schneider Electric to collect, store and process relevant information related to Your use of Your Device for the benefit of the Service as further set out in these Terms.
The Service is provided to You under these Terms by the company of the Schneider Electric Group which is registered in the country where You register for the Service. The Schneider Electric Group companies are listed under the drop-list of countries <<Select your country>> on the corporate web site of Schneider Electric Group (hereinafter “Schneider Electric”).
2. Installation and activation
In order to fully benefit from the Service, You must complete the installation of Your Device in accordance with the installation guide accompanying such hardware or available through www.apc.com as well as completing Your registration of Your Account governed by these Terms and paring Your Device to Your Account.
Your Account may include the following mandatory information as requested in the Account creation pages: e-mail, account type, contact name, business name, and the country of your business.
Upon completing Your Account Schneider Electric grants to you a non-exclusive non-transferable, limited license right to use the Service subject to all terms and conditions of these Terms, subject to timely payment of any dues or fees associated with such use if applicable.
All installation and registration is subject Your own cost and responsibility.
In order to fully utilize the Service, You will, at your own cost and responsibility, have to ensure
3. Rights in Service
The Service, as well as all rights, including but not limited to all intellectual property rights, title, interest, technology and know-how, whether patented or not, embodied in the Service shall remain the sole property of Schneider Electric, to the exclusion of any third-party software embedded in the Service or otherwise provided to You with the Service.
Nothing in these Terms shall be deemed to convey to You any of Schneider Electric’s intellectual property rights in the Service; all rights not specifically granted in these Terms are reserved by Schneider Electric. Schneider Electric does not sell the Service to You but only grants You the usage rights defined in these Terms.
All intellectual property rights pertaining to any third-party software embedded in the Service, or otherwise provided to You with the Service, shall remain vested in the relevant third-party and there will be no deemed or implied transfer of ownership to You of such third-party intellectual property rights.
Schneider Electric and other trademarks contained in the Service are registered trademarks of the Schneider Electric group. Except as otherwise expressly prescribed by statute, You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Service. These Terms does not authorize You to use any names or trademarks of Schneider Electric or its authorized resellers.
4. Data privacy
In order to deliver the Services to You, the Service will collect, store and process information about You through Your Account, as well as through Your Device (hereinafter “Data”).
Data will be collected, stored and processed in order to make the Service available to You, in order for You to monitor the status of Your Device and have access to support as well as other functionalities included in the Service. Further, Data will be processed in order to improve and further develop the Service, Devices and similar products and services offered by Schneider Electric.
Data may include the following:
Any personal information entered by You at the time of registration of Your Account, or later, IP address of Your Device, and data that pertains to the Device such as the model, serial number, attributes and state.
The Service will not collect, store or process to Schneider Electric any information relating to Your business.
The Service is optimized so that Schneider Electric can collect, receive and process Data with negligible impact to the performance of Your Device.
You are responsible for any personal information that is present or accessible in the hardware configuration of Your Device, Your personal computers, or mobile devices that could be collected, stored and processed through the Service or otherwise pertaining to the individuals that are under Your control and that You authorize to use the Service.
Considering the fact that the laws and regulations of some jurisdictions require the consent of the individuals to which the personal information pertain prior to any collection, processing and storage of their personal information and require that such personal information shall be treated in compliance with such laws and regulations, You agree and undertake to comply with all laws and regulations applicable to any of those personal information above mentioned and to obtain all necessary consents from any such individual, before You use the Service.
5. Data storage
When your Device sends Data to Schneider Electric, or You utilize the Service, such Data is sent in an encrypted form over the Internet. When Schneider Electric receives the Data, security technologies and procedures that Schneider Electric uses to store its own business data shall be implemented to protect the collected Data from unauthorized access, use or disclosure.
The Data will be stored and collected on computers and servers owned and operated by Schneider Electric service providers acting on behalf of Schneider Electric in the countries where Schneider Electric conducts business or otherwise stores its own business data.
Upon Your request, Schneider Electric will provide You with any commercially reasonable available information concerning said security technologies and procedures which You may then review so as to determine whether such security technologies and procedures meet Your security needs including any specific requirement of security applicable in the field of Your activity. Should any security technologies and/or procedures implemented by Schneider Electric with respect to Data do not meet Your security requirements, You should refrain from using the Service and disconnect the Device from the Internet.
In all cases, Schneider Electric will ensure strict confidentiality as regards to the Data and any other confidential information such as but not limited to information about You and Your business coming into possession of Schneider Electric in connection with the set-up, operation and performance of the Device, with the same degree of care it uses in safeguarding its own confidential information, but in no event with less than a reasonable degree of diligence and care.
Schneider Electric shall store Data for as long as necessary for the purpose set out in these Terms.
6. Rights in Data
One of the purposes for Schneider Electric to collect Data is the continuous improvement of its offering of products and services likely to operate or communicate with Your Device and the Service.
You represent that (i) You have and will keep in effect all licenses and approvals necessary to grant at no charge to Schneider Electric the foregoing license rights, and (ii) You are and will remain responsible for complying with the terms of any agreements including entitlements and permitted uses binding upon You to any third party in relation to the Data and to hold harmless Schneider Electric from any third party claims, costs and other amounts that Schneider Electric may incur or otherwise be subject to because of Your failure to comply with any such third party rights or agreements, entitlements or permitted uses.
You acknowledge that Schneider Electric may use the Data for its internal business purposes only as referred to herein above, and that Schneider Electric may disclose Data to any contractors hired by Schneider Electric or otherwise acting on its behalf to achieve such Schneider Electric’s internal business purposes, always subject to confidentiality that Schneider Electric shall preserve in accordance with these Terms.
You shall own and retain all right, title and interest (including without limitation all intellectual property rights) in and to any Data collected from You and Your Devices through the Service.
Schneider Electric shall own and retain all right, title and interest (including without limitation all intellectual property rights) in and to any information created by Schneider Electric from processing Data in accordance with these Terms.
7. Third party installation
If You are a third party (e.g. a managed service partner) installing a Device and/or creating an Account on behalf of a end user being the owner or licensee of a Device that would ultimately benefit from the Account and Services and from whom Data is collected (hereinafter “End User”), You have to ensure that such End User accepts and agrees to these Terms prior to connecting the Device to the Internet and/or completing the registration of the Account.
By connecting the Device to the Internet or completing the registration of the Account You warrant to Schneider Electric that the End User has accepted and agreed to these Terms and hold Schneider Electric harmless in connection hereto as set out in Section 9.
The Service is provided as it is and to the full extent permitted by law (on both federal and state level, when applicable) applicable in any country where You use the Service, Schneider Electric makes no other warranty than those explicitly contained in this section 8 and expressly disclaims all other warranties or representations, either express or implied, as to the Service and its updates, including without limitation any warranties of fitness for any particular purpose, merchantability, non-infringement, title or sample. Further, while Schneider Electric has taken reasonable steps to ensure the accuracy of the information contained in or shown by the Service, Schneider Electric makes no warranty or representation of any kind, whether express or implied, as to whether Service will meet Your requirements, expectations or purposes or the operation of the Service or Devices will be uninterrupted or error-free or that the Service will be protected against all possible security threats, Internet threats or other threats or interruptions.
You expressly acknowledge and accept that use of the Service is at Your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with You. To the maximum extent permitted by applicable law, the Service is provided “as is”, with all faults and without warranty of any kind not contained in section 8.
In no event shall Schneider Electric be liable for any indirect, intangible, incidental, punitive or consequential damages, loss, expense or cause of action, whether based on contract, warranty, tort (including negligence), strict liability, statute or otherwise, including, without limitation, damages for loss of business, loss of profits, business interruption, loss of data or for any other pecuniary or non-pecuniary loss or damage, arising out of or in connection with the use, inability to use or misuse of the Service, even if Schneider Electric has been advised of the possibility of such damages.
Schneider Electric’s aggregate liability to You for the Service shall in no case exceed the total amount paid by You to acquire access to the Service for the last 12 months prior to such liability claim.
You shall indemnify and hold Schneider Electric harmless from any and all claims, damages, demands or proceedings (including attorney’s fees) brought against Schneider Electric, including those brought by any third party arising out of or in connection with the use, inability to use or misuse of the Service by You, and whether based in contract, warranty, tort (including negligence), strict liability, statute or otherwise.
Notwithstanding any other term of these Terms, Schneider Electric's liability arising out of these Terms is reduced proportionally to the extent to which the act or omission of You or any other person (other than Schneider Electric, its authorized resellers or their respective employees, agents or subcontractors) contributed to the loss or damage incurred.
The Service is used for the purpose of collecting, storing and/or processing Data, such as, but not limited to, personal individual information, is Your sole and full responsibility. When making use of the Service, You must comply with any applicable data protection laws and regulations. In no event shall Schneider Electric be held liable for Your use of the data collected, stored or processed by the Service or Your non-compliance with any applicable data protection laws and regulations and You shall indemnify and hold Schneider Electric harmless from any and all claims, damages, demands or proceedings (including attorney’s fees) brought against Schneider Electric, including those brought by any third party, arising out of or in connection with any breach by You of any such laws or regulations.
The above limitations or exclusions of liability shall apply only to the extent permitted by law applicable in any country (on either federal or state level, when applicable) where You will use the Service.
The limitations or exclusions of warranties and liability contained in these Terms do not affect or prejudice the statutory rights which, as the case may be, will benefit You under any mandatory or public order laws or regulation applicable in any such country (on either federal or state level, when applicable).
If You are a Third Party as set out in section 7, further to the above the following shall apply to You:
You shall indemnify and hold Schneider Electric harmless from any and all claims, damages, demands or proceedings (including attorney’s fees) brought against Schneider Electric, including those brought by any End User or other third party, including but not limited governmental bodies, European Community bodies, etc., arising out of or in connection with Your non-fulfillment of Your obligation to insure the acceptance and approval of these Terms by an End User in accordance with Section 7.
10. Duration and termination
The usage rights granted to You under these Terms shall come into effect as of the date of Your acceptance hereof and shall remain effective unless such usage right expires or terminates when (i) such usage right was granted to You for a limited period of time and such limited time period expires, (ii) Schneider Electric, at its sole discretion decides to discontinue the Service, or (iii) the Account is terminated by either Schneider Electric or You with immediate effect if, respectively, You or Schneider Electric fail to comply with any of its obligations under these Terms, including but not limited to the lack of payment of due fees related to the Service.
Upon expiration or termination of the usage rights and/or Account to You hereunder, You undertake to immediately discontinue use of the Service.
Termination of the usage rights and/or Account granted to You hereunder does not affect any rights or remedies which may have accrued before said termination to the benefit of Schneider Electric under these Terms, at law or otherwise.
Should the Account not be terminable due to technical reasons, You shall act as if the Account had been terminated and refrain from accessing Your Account and/or utilize the Service.
These Terms constitute the entire agreement between You and Schneider Electric in relation to Your use of the Service and replaces any previous agreement or understanding, whether oral, electronic or written, in relation with the same subject matter.
You acknowledge and agree that the terms of these Terms as well as the Service may be modified or amended by Schneider Electric from time to time and that Your continued use of the Service after a modification or amendment of either shall constitute Your acceptance of the modified terms or Service. Any modification or amendment to these Terms or Service will be posted on Schneider Electric’s website(s) from which the Service is available to You. Should any modification or amendment to these Terms or Service not be acceptable to You, You should immediately cease any further use of the Service and disconnect any Devices from the Internet.
No failure or delay on the part of either You or Schneider Electric in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.
Headings in these Terms are just for ease of reference and will not affect their interpretation.
Words expressed in the singular include the plural and vice versa.
Sections 3,6,7,8,9 and 12 of these Terms shall survive termination of Your right to use the Service.
12. Applicable law – Disputes Resolution
These Terms shall be exclusively governed by the laws of the country (on both federal and state level, when applicable) where Schneider Electric has its registered office or principal place of business, to the exclusion of said country’s conflict of law rules.
Any dispute between You and Schneider Electric arising out of or in connection with these Terms and/or the Service, whether based on contract, warranty, tort (including negligence), strict liability, statute or otherwise, which cannot be amicably settled, shall in all cases be finally settled according to the law governing these Terms as defined above, by the courts having jurisdiction in the place where Schneider Electric has its registered office or principal place of business, to the exclusion of any other jurisdiction whatsoever, including in case of plurality of defendants, injunction-like or emergency proceedings and appeal in warranty.
Document Version number: 1.0