Applicable as from: 01 January 2020 

Article 1.  Preamble

Hager is making a Service available to Users by means of a dedicated Website (hereinafter referred to as the "Hager developers portal").

The Website is intended for developers, for presenting to them and enabling them to subscribe to the Application Programming Interfaces (hereinafter referred to as "APIs") making it possible to develop a computer application capable of mutually exchanging data with the Solutions developed and/or marketed by the Hager Group.

Access to and use of the Website and all of the functions and features of the APIs are governed by these General Terms of Use and also by the technical documentation associated with each API (hereinafter referred to as the "Documentation").

The Services are developed and operated by Hager.

Hager recommends that Users keep a printed version of the applicable General Terms of Use (hereinafter referred to as the "GTU") for their personal archives.

Article 2. Definitions

• "Application" means a programme executable from a Smartphone or from an information system connected to the Internet.

• "API" means the Application Programming Interface enabling an Application to interact with an information system. "Catalogue" means the list of APIs proposed to the Users under Subscription on the Website."Service(s)" means one or more items in the Catalogue of the APIs, and the associated provision of services.

• "Free Service(s)" means one or more items in the Catalogue of the APIs that is/are available free of charge on the Website, and the associated provision of services.

• "Website" means the Hager Developers Portal that is accessible from the URLs developer.hager.com "Solution" means a set of products and services supplied by Hager and meeting the needs of the Subscriber.

• "Publisher" means the company Hager as defined in Article 17.

• "Visitor" means any natural or juridical person who accesses, consults and/or uses the Website.

• "User" means a Visitor who is registered and identified on the Website and who accesses, consults, and/or uses the Website and/or the Services. 

• "Subscriber" means a User who has subscribed to at least one API from the catalogue, via the User's account.

• "Minor Change" or "Revision" means a change in the Service that does not require Users to change their Applications.

• "Major Change" or "Upgrade" means a change in the Service that requires Users, in their turn, to change their Applications in order to be able to benefit from the Service.

  
  

Article 3. Purposes and Subject Matter

A purpose of the GTU is to specify the relations between the various parties involved. The GTU govern access to and use of the Website and Services, and a purpose of the GTU is to define the procedures whereby and the terms and conditions under which firstly Hager makes the Website and the Services available to its Visitors and Users, and secondly Users access, consult and use the Website and the Services.

The GTU comprise as follows: 

1. The General Terms of Use (GTU) for Visitors, Users, and Subscribers

2. The Legal Notices of the publishing entity

3. Information relating to data protection

They constitute the general principles for access to the Services proposed by Hager. Since the Services may, themselves, be governed by the applicable General Terms of Subscription, those General Terms of Subscription supplement these GTU. 

This contractual document determines, in particular, the terms and conditions under which Hager grants to you a licence to use free of charge certain APIs presented on the Hager Developers Portal. 

Article 4. Prior conditions for using the Services

Any access to and/or use of the Website and the associated Services assumes Prior, Full and Complete acceptance of and compliance with all of the terms and conditions of these General Terms of Use. 

These GTU, accepted by the User as a prior condition, apply to any use of the Services. By accepting them, the User acknowledges that each API may be governed by specific terms and conditions, and undertakes to comply with the terms of use of each API accessed by the User.

Use of the Website is unrestricted, optional, and free of charge. The User is free to choose from among the catalogue of the hosted APIs the ones the User wishes to access.

Hager bears and handles payment of the operating costs of the Free Services.

To access such Services, Users must register first (cf. Article 6) and must guarantee they have full legal capacity to use the Service(s), and in particular:

• Have attained the age of majority;

• Not be competitors of Hager and/or not use the Service for the purposes of competing with Hager, fraudulently and/or in such a manner as to harm the interests of Hager;

• Have legal capacity and be in full possession of their intellectual or cognitive faculties (and in particular not be in a state of dependence, under guardianship and/or under conservatorship, etc.).
  

  
  

Article 5. Amendments to the General Terms of Use

Hager reserves the right to amend these GTU and any terms and conditions specific to certain APIs at any time and without warning, e.g. for adapting them to legislative and regulatory changes, for adapting them to technical changes or upgrades in the Service and/or for any other reason deemed necessary.

The GTU are updated regularly. Therefore, Users are urged to consult them every time they use the Services.

Should Users disagree with the amended GTU, they should cease to use the Service. Use of the Service by Users after new GTU have been published is considered as indicating that those Users accept the new GTU unreservedly.

 Article 6. Access to the Website and to the Services

For accessing the Services, the User must create an account and log in using their log-in credentials. 

On registering on the Website, the User indicates a valid email address that will serve as their username, and a password, as well as all of the information that is marked as being necessary.

The User must make their username and password secure and keep them, since they are used for any access to the Services. The password should be chosen by the User in such a manner that it cannot be guessed by a third party. The User undertakes to keep it confidential.

Once the client account creation has been validated, the User will receive an email confirming that their account has been created. The User then has access to a private and secure area and to all of the Services.

Article 7. Term and cancellation, suspension or deletion of a User account

The User has the possibility of ceasing their use and of cancelling their account at any time. To do so, it suffices to request such cancellation via the page for managing their profile.

The Website and the Services available via the Website are provided by Hager for an indefinite term. 

Except when special terms and conditions provide otherwise, the User expressly acknowledges that Hager may change, suspend, or cancel automatically as of right access to the Website and to all or some of the Services, without prior notification, without notice, or compensation, or justification, and without it being possible for Hager to be held liable.

Hager reserves the right to block any use that it considers as a risk or as dangerous for use of the Services, without prior information or financial compensation, either temporarily or permanently.

Hager also reserves the possibility of deleting any User account and of refusing certain persons access to the platform, in the event of any breach of these rules of use.

The User guarantees to Hager that, following cancellation of the access to the Services, they will cease to use in any way whatsoever the data obtained on the Website or via the APIs.

As from suspension of the access to the API and regardless of the reason for it, the User will no longer have access to the Services and to the content.  At the request of Hager, the User undertakes to delete from their Application any content made available through the Services and APIs, and to do so within 72 hours of receiving the request.

Article 8. Licensing

Hager makes available a developer portal presenting one or more APIs. Hager grants you, for the whole world, the right that is limited in time, non-exclusive, personal, non-transferable and non-assignable to use the API and the Documentation, for the sole purposes of developing and operating a computer Application making it possible to communicate with the Solutions.

Use of Hager APIs by the Subscriber does not confer any right of ownership to the Subscriber or to any other third party using the solution that is developed by such use. The Hager Solution may not be the subject of any licence that might apply to any other component of the solution or of the service in which it might be integrated.

The right to use the API and the Documentation is granted by Hager subject to acceptance of the terms and conditions specific to each Service. These subscriptions may be taken out free of charge or for a financial consideration pursuant to the terms and conditions specific to each API. However, Hager reserves the right at any time to charge fees for the licence to use the APIs and the Documentation, subject to giving three months’ notice that such licence to use is to become fee-paying.

The Subscriber acknowledges that the content of the API and of any associated Documentation may be changed at any time under the terms and conditions provided for in Article 12. 

Article 9. Upgrade, change, suspension, or discontinuance of the Services

All Users acknowledge and accept that Hager reserves the right to interrupt operation of all or some of the Services at any time, with or without notification, in particular for the purpose of doing corrective and upgrading maintenance on them, or for upgrading or changing the content or the presentation. 

Users acknowledge that the Services may be interrupted for reasons beyond the control of HAGER, and that HAGER cannot therefore guarantee continuous access to the said Services.

In any event, Hager may under no circumstances be held liable for any interruption, suspension and/or malfunctioning of the Services, regardless of the cause, and even if, as a result, Hager no longer produces or holds the information that is the subject of the APIs (cf. Article 11). 

As far as possible, Hager undertakes to inform the Users in advance of any maintenance operations, and to do so with notice of:

• One (1) month for any minor change; and

• Three (3) months for any major change, including a function or a feature being removed or an API being removed.

Users are urged to inform Hager of any technical problem they might encounter while they are browsing and/or using the Services from their profile page.

Article 10. Liability of and absence of guarantee from Hager

Hager proposes the Services free of charge, except when specifically stipulated otherwise, and does not make any commitment concerning:

• the availability of the Website, of the Services and of any API from the catalogue; and 

• correction of any malfunctions affecting the API.

No information provided to Users by Hager in the context of using the Services should be considered as giving any guarantee or warranty. 

The Services are made available "as they are". Furthermore, Hager cannot guarantee the consequences of them being used, such use being at the User's risk.

The Services enable Users to access a programming interface for the purposes of creating their own Application. Therefore, Hager may under no circumstances be held liable, in any manner whatsoever for the Applications that are developed using such a programming interface, and indeed is not bound by any general obligation to monitor the state and/or compliance of such Applications. Hager does not guarantee:

10.1.3.1 That the Services correspond to the expectations and/or requirements of the Users and procure the expected results; and

10.1.3.2 That the services will operate uninterruptedly, in secure manner, or without any operating error.

10.1.4 Hager may not be held liable, to the maximum extent authorised by the legislation applicable in France:

10.1.4.1 for any harm suffered by the Users in the context and course of accessing or of using the Services, and in particular in the event the GTU are breached by the User;

10.1.4.2 for any direct or indirect damage, losses or expenses (including any shortfall in profit), resulting from use of the Services, or from it being impossible to use them, or from poor operation, from an interruption for maintenance reasons, from technical failure of the server or due to an interruption in access to the Internet, or for any other reason, from a virus, or indeed from any line or system problem;

10.1.4.3 for any loss of data or any harm that the Users might suffer, in particular from the trust placed in the exhaustiveness, and accuracy of the information provided via the Service;

10.1.4.4 for any change that Hager might make to the Service generally, or for any temporary or permanent removal from the range of Services offered;

Article 11 General undertakings of the Users – General restrictions on use of the Services

On a general level, the Users undertake to comply with all of the GTU and with the applicable laws and regulations. The Users are fully liable for their use of the Services, and for the consequences of such use.

In the context and course of using the Services, the Users undertake in particular:

• To provide data that are accurate and full, and that are consistent with reality, and to update them systematically in the event of change;

• To acquaint themselves regularly with and to comply with the applicable GTU;

• Not to access the Services for any reason other than for professional use for the purposes of developing an application;

• Not to restrict by any means whatsoever the use of the Services and not to falsify any indication or detail;

• Not to disseminate or attempt to disseminate computer viruses or any other harmful thing via the Services;

• Not to hack into a computer system, or damage or adversely alter the content, or commit any of the offenses forbidden by Articles 323-1 and 323-7 of the French Criminal Code (Code Pénal) that relate to hacking, and not to bulk mail or email spam messages via the Services, such spamming being forbidden by Article 226-18 of the French Criminal Code;

• Not to mirror, rip, or copy the content of the Services and their databases, in particular by using automated programmes;

• Not to reproduce, correct, change, or adapt the APIs;

• To reconstruct the logic, disassemble or decompile the API, other than within the limits authorised by Article L.122-6-1-IV of the French Code of Intellectual Property (Code de la Propriété Intellectuelle);

• Not to use the Services for purposes contrary to the applicable rules and infringe the rights of third parties (in particular intellectual property rights, privacy rights, and personal data rights);

• To be responsible for ensuring that the personal data processing implemented via your Application complies with the applicable laws and regulations, including European Regulation No. 2016/679;

• Not to attempt to and to refrain from circumventing, deactivating, or disturbing or interfering with in any other manner, any function of the Services that is related to security, or that prevents or restricts use of or copying of the content, or that imposes limitations on the use of the accessible functions/features or content;

• Not to distribute all or any part of the content of the Website, on any other medium, without prior written authorisation from Hager;

• Not to redistribute all or any part of the APIs or of the data obtained through the Services, without prior written authorisation from Hager; and

• More generally, not to harm or adversely affect Hager or any third party directly or indirectly.
  

  
  
  

Article 12. Liability of the Users

Users are solely liable for choosing whether or not to use the Services and whether or not they suit their needs, for making their computer systems secure, and for backing up their data.

The User is personally and solely liable for the use made of the Services, and such use must comply with the Documentation, with the General Terms and with any specific terms and/or with the information indicated from their User account.

Users indemnify Hager and hold Hager harmless from any harm it might suffer and from any action for damages that might be taken out against it on the grounds of breaching of these GTU and/or of infringing of any third party right whatsoever. In the event of manifest fraud, Hager reserves the right to communicate all necessary information to the competent organisations in charge of clamping down on such fraud and infringement.

The password of a User, and the keys associated with each of the subscriptions are sensitive items for security. Therefore, the User undertakes not to disclose them to third parties.

Furthermore, the Subscriber is liable for complying with the state of the art in cyber security as regards storing and using those secrets, both during the development of the Application and within the Application itself.

The User undertakes to inform Hager immediately of any loss, theft, leak, or unauthorised use of that data and of any information obtained through the Website and through the Services, and in any event within 24 hours, through the Website or by telephone on +33 3 88 49 51 52. 

Hager cannot be held liable for any harm caused by the use of the password or of the keys by an unauthorised person.

Article 13. Intellectual Property

Hager holds all of the intellectual property rights over the API and over the Documentation. The General Terms do not include any assignment of intellectual property rights attached to the API and to the Documentation, and therefore Hager reserves all rights that are not expressly granted to the User under the General Terms and/or specific terms. The User undertakes not to infringe the intellectual property rights of Hager either directly or through third parties. It is incumbent on the User to take all necessary measures for protecting the said rights.

13.1. Certain items (in particular text or copy, illustrations, and reports, etc.) appearing in the Services are protected by laws relating to intellectual property and in particular copyright, and are the exclusive property of Hager.

Similarly, the trademarks, logos, graphics, and animations contained on the Website are the exclusive intellectual property of Hager.

13.2. Hager grants to Users, personally, the non-exclusive and non-assignable right, free of charge, to use the Services and any associated software, it being specified that it is forbidden for them - directly or indirectly - to copy, alter, create a derivative work, reverse the design or the assembly, or in any other way attempt to obtain the source code (except for the cases provided for by law), sell, attribute, sub-license or transfer in any way whatsoever any right relating to the Service or to the associated software.
The Users are informed and acknowledge that the Service and any software used in relation to it may contain or give access to information that is confidential or protected by the applicable intellectual property law or any other law. The Users undertake not to alter, hire out, borrow, sell, or distribute that content or create derivative works incorporating all or any part of the content, unless they have received express prior authorisation to do so from Hager.
 
The items of intellectual property are made available to the User, free of charge, solely for use of the Services and subject to their functions and features being used normally.
 
This authorisation to use the items of intellectual property is given personally, non-exclusively, and non-assignably. Hager may, at any time, revoke this authorisation to use the items of intellectual property.

In the event of non-compliant or abusive use of the items of intellectual property, Hager reserves the right to use any legal channel to have the infringement of its intellectual property rights cease.

Article 14. Confidentiality – Personal data protection 

Pursuant to the French Data Protection Law No. 78-17 of 6 January 1978 as amended relating to data processing, files, and civil liberties, known as the "Loi Informatique et Libertés", the Users are informed that Hager processes their personal data in automated manner for the purposes of use of the Services. 

The User is informed that their personal data, collected at the time of access to and/or of use of the Service may be transferred to other companies of the Hager Group, and to its partners, subject to the User giving their prior consent.

In any event, any personal data should be collected directly from the data subject. 
 
Personal data collected at the time of use of the Service are hosted securely in the Microsoft Azure Cloud, West Europe Region (Netherlands).
 
The information communicated by the Users is kept for a time that is reasonable and that is limited to the time necessary for Hager to perform and manage the Service. Beyond that time, it is automatically deleted. 

Subject to prior consent from the User, the contact details of the User, namely: surname, forename, email address and mobile phone number, may be kept for a reasonable time for commercial prospecting purposes. 

In this respect, it is specified that Hager gives the greatest importance to respect for the privacy of the User. Hager informs the User that their personal data may be used for targeted commercial prospection purposes (direct prospecting by email), subject to prior consent from the User. The consent of the User shall be obtained through a box to be ticked in their account, prior to use of their data for prospection purposes. 

The User may, at any time, and free of charge, object to use of their personal data for prospection purposes, directly on the website https://www.hagergroup.com/gdpr-request/ 
 
On a general level, pursuant to the provisions of the French Data Protection Law, any User has a right to access, to rectify, and to object to use of the data concerning them, and can exercise that right by sending a request directly to the website https://www.hagergroup.com/gdpr-request/ 

Article 15. Agreement on proof 

The computer recordings made by Hager shall be considered as evidence of Use. 

Article 16. General points

On a general level, if one or more stipulations of the GTUs are considered to be invalid or declared as such pursuant to a law, to a regulation, or to a final decision of a competent court, the other stipulations shall retain all of their force and scope and shall remain valid and applicable. The same principles shall apply in the event of incomplete provisions.
 
Should Hager, at any given time, not apply any one of the provisions of the GTU, that non-application may not be interpreted as it waiving the right to apply any one of these terms subsequently.

Article 17. Legal Notices

17.1. Publisher

The Website developer.hager.com is published by:

Hager SAS

Incorporated as an S.A.S.U. (simplified joint-stock company with a sole shareholder) with capital of €18,050,000

Registered with the Trade and Companies Register of Saverne under No. 792 431 488 RCS Saverne

Intracommunity VAT No. FR46 792 431 488

Registered Office:

The Publishing Director is Stephan KREUTZER, CEO of Hager SAS.

17.2 Hosting

The Website developer.hager.com is hosted by:

Article 18. Complaints

Any complaint from a User relating to the use of the Service should be made, in full, to Hager, giving, in particular, a detailed description of the subject of the complaint, by mail to the following address: HAGER, Service Clientèle, 132 boulevard d’Europe, BP 78, 67215 Obernai, or by email to the following email address: info@hager.fr. In order to be valid, any complaint may be made within a maximum time limit of fifteen (15) days after the use of the Service that led to the complaint.

No complaint will be taken into account if it does not comply with the conditions required by this article.

In any event, since Hager merely acts as an intermediary, and it may not be held liable regarding complaints made that concern the information and services provided by the Users via the Services.

Article 19. Governing law and choice of forum

Use and operation of the Services, as well as validity, performance, and interpretation of the GTU applicable to the Services are governed by French legislation.

Failing an out-of-court settlement, any dispute that might arise during the context and course of interpreting or performing these general terms shall be referred to the Paris Courts, who have sole jurisdiction unless mandatory provisions stipulate otherwise.