GENERAL TERMS AND CONDITIONS OF THE MY AVS ALARM SERVICE

Version 1.2 of 29/07/2016

These General Terms and Conditions govern the terms and conditions of supply, by Falcom Software S.r.l., and of use, by the user, of the "myAVSAlarm" service (hereinafter also "Service"), after reading and accepting the entirety of this Agreement by the user. Access and use of any Service carried out with any compatible device therefore presupposes full knowledge and full acceptance by the user.

Use of the service is subject to the purchase of a compatible AVS Electronics alarm control unit.

1. Definitions

The Parties acknowledge that the meaning attributed to the definitions contained in the Agreement is as follows:

§ Client: the software used on the User's mobile device to access the functionalities offered by the "myAVSAlarm" server;

§ Agreement: these General Terms and Conditions in their entirety;

§ Parties: collectively the user and Falcom Software S.r.l.;

§ User/s: the user of the myAVSAlarm service.

2. Service Description

Falcom Software S.r.l., at the express request of AVS Electronics S.p.A., provides users who have purchased an AVS Electronics alarm control unit with a proprietary infrastructure accessible from all compatible devices, subject to the installation of the myAVSAlarm application, in order to allow control and monitoring of the installed burglar alarm system.

The user of the "myAVSAlarm" service acknowledges and agrees that their personal data, and any data necessary for the provision of the service, will be used for the purposes indicated above.

The User of the Service acknowledges and agrees to receive commercial communications from Falcom Software S.r.l. or Third Parties, via email or push notifications, during or after the use of the service. The maximum number of commercial communications sent to the Service customer will be one (1) per day. The reception by the User of such commercial communications will cease upon termination, for any reason, of the Service.

3. Service Subscription and Revocation

3.1 To subscribe to the Service, it is necessary to have a device compatible with third, fourth, and fifth generation (3G/4G/5G) standards and technologies and to have installed the myAVSAlarm application from AVS Electronics S.p.A.

3.2 The use of services provided by Falcom Software S.r.l. through "myAVSAlarm" is reserved exclusively for AVS Electronics S.p.A. customers, legal entities, or adults after registering the User on the website www.myavsalarm.com.

Subscription to the Service is not transferable to third parties. Upon notice from Falcom Software S.r.l. to the User, access to the Service may be revoked, resulting in the termination of this Agreement and deletion of the user's data after a period of 6 months from the termination of the same.

In no case will Falcom Software S.r.l. be responsible for the deletion, loss, alteration, or destruction of information previously uploaded by the User in order to use the myAVSalarm service. Falcom Software S.r.l. also reserves the right to revoke access to the Service to the User who at any time violates this Agreement or has provided false personal information.

3.3 Falcom Software S.r.l. reserves the right to modify, integrate this Agreement, or parts of it, at any time, by notifying the User through the appearance of a disclaimer at the time of using the App which will allow or not the User to accept them.

3.4 The User has the right to withdraw from the Service at any time without any penalty, through the portal www.myavsalarm.com. The User who has exercised the withdrawal may request re-registration. All information uploaded by the User who has exercised the withdrawal may be removed without any responsibility on the part of Falcom Software S.r.l.

4. Content Management and Use

4.1 The Service provided by Falcom Software S.r.l. through "myAVSAlarm" is intended solely for personal use by Users. In no case is it permitted for Users to exploit the "myAVSAlarm" service for directly or indirectly commercial and/or advertising purposes.

4.2 Users acknowledge that Falcom Software S.r.l. is not required to verify the information uploaded unless this is necessary to comply with legal provisions, requests from the Judicial Authority, or other competent Authorities, and that it will not carry out any preventive control over the Content, not being subject to any general obligation of surveillance and therefore cannot be held responsible in any way for the nature and characteristics of the Content, nor for any errors and/or omissions in them, as well as for any direct and/or indirect damages deriving to the Users themselves and/or third parties from the use of the Content. Users, therefore, will be solely responsible for the information entered or transmitted through the Service, as well as for the accuracy and truthfulness of the same. Users undertake to use the Service exclusively for lawful purposes and permitted by the applicable legal provisions from time to time, customs and practices, rules of diligence, and in any case, without harming any third-party rights.

4.4 Falcom Software S.r.l., for purposes related to the guarantee of continuity of the Service, reserves the right to keep backup copies of all Content uploaded by the User. Data deleted by users will also be deleted from backup copies as quickly as possible in accordance with the technical times for managing the backup. Falcom Software S.r.l. will delete the backup copies of the Content in any case of revocation of access to the Service and in cases where the Content is deleted by the User.

5. Service Price Offered to Users

5.1 The activation costs of the myAVSAlarm service are reported on the website www.myavsalarm.com. The costs arising from the use of data traffic to access the services via any mobile device are the responsibility of the User.

5.2 The use, by the User, of optional services and/or additional functionalities, free or paid, which may be made available by Falcom Software S.r.l., implies full acceptance of the related terms of use and, where provided, the payment methods available on the website www.myavsalarm.com.

6. Security, Password, and Privacy

6.1 Falcom Software S.r.l. guarantees Users the adoption of the highest security standards to protect the privacy and personal information of each subscriber. However, it is essential that Users keep in mind that no computer system, however subjected to the strictest control and equipped with the most advanced security technologies, can be considered safe from violations and/or unauthorized access by third parties.

For these reasons, Falcom Software S.r.l. does not assume any warranty against damages, of any kind and nature, that the User may suffer due to the loss or violation of personal data carried out by third parties.

6.2 Since access to the Service requires the use of a personal password by the User, it is the sole responsibility of the latter to choose the password to use and to keep it secure. Disclosing one's password to third parties and/or using accounts and/or passwords belonging to other Users constitutes a serious violation of this Agreement, justifying the interruption of the Service without notice. In case of verified or suspected violation of one's account and/or password, the User is obliged to immediately report the incident to Falcom Software S.r.l. through the appropriate service made available on the website www.myavsalarm.com.

6.3 Falcom Software S.r.l. is not responsible in any way for physical and material damages of any nature caused by hardware and/or software malfunction of the "Burglar Alarm Control Unit" device sold by AVS Electronics S.p.A. or for security breaches that may compromise it.

7. Disputes, Jurisdiction, and Applicable Law

7.1 This Agreement is governed by Italian Law, regardless of the nationality, residence, and/or domicile of the User.

7.2 The exclusive jurisdiction, for any dispute that may arise between the User and Falcom Software S.r.l. concerning the interpretation, execution, validity, effectiveness, and termination of this Agreement and in general all disputes on the resulting available rights of the Parties, including compensation, will be the Court of Treviso.

7.3 The User will indemnify Falcom Software S.r.l. and/or its affiliated companies from any type of expense incurred, including legal and sponsorship fees even in arbitration, for disputes arising from improper use of the "myAVSAlarm" services and/or for any violation of this Agreement verified against them;

8. Final Declaration of the User

I declare that I have read and understood this Agreement in its entirety and accept it without reservation. I am aware of the responsibilities associated with violating this Agreement and the consequences that such violations may entail.

In particular, the User declares to know and expressly accept the following articles and related sub-articles: 2, 3, 4, 5, 6, 7.