Terms and Conditions of Use

1. Presentation

hestiia is a French simplified joint-stock company (SAS) with a share capital of 30,191 euros, registered with the Paris Trade and Companies Register (RCS) under number 818671588, intra-community VAT number FR93818671588, with its registered office at 128 rue de la Boétie, 75008 Paris, hereinafter referred to as "hestiia".

The Site and the Products are operated by the company hestiia, which can be contacted at the following address:

Email: [support@hestiia.com]

Telephone: +33 2 59 50 33 43

As a Software publisher, the company hestiia authorizes the Customer to use it in accordance with these Terms of Use.

As the publisher of the Site, the company hestiia authorizes the Customer to use it in accordance with these General Terms of Use.

1. Defined terms

Unless otherwise specified in these General Terms and Conditions of Use of the Site ("GTU") and Terms of Use of the Software ("Terms of Use") or other contractual documents, the plural form of a term or expression defined in the singular (and vice versa) shall have the same meaning as that given in the relevant definition.

“ Device ” — Refers to the system that integrates and enables the use of the Software, namely myEko Pro®.

“ Customer ” — Any natural or legal person, whether a consumer or a professional, acting on their own behalf, who purchases a Product from the company hestiia and is bound by these terms.

“ Consumer ” — Refers to a consumer within the meaning of the preliminary article of the French Consumer Code, i.e. any natural person who acts for purposes that do not fall within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity.

“ License ” — When the Customer purchases Software, they obtain a license granting them the rights to use it, along with the documentation, interfaces, and all data accompanying the Device, as described in these Terms of Use, which may be updated or replaced by Software updates or system recovery Software provided by hestiia ("Software Updates"). hestiia retains ownership of the Software and reserves all rights not expressly granted to the Customer.

“ Software ” — Refers to application software developed for use on one or more Devices.

“ Parties ” — The Customer and hestiia.

“ Products ” — All Software and Devices presented on the www.hestiia.com website (hereinafter referred to as the "Site").

“ Professional ” — Any natural or legal person acting for purposes that primarily fall within the scope of a commercial, liberal, industrial, craft, or agricultural activity. Mutually exclusive with the status of Consumer.

“ Site ” — The hestiia.com website operated by the company hestiia.

1. Scope of application

These Software Terms of Use ("Terms of Use") apply to the use of all Software on the Devices.

The use of any Product by a Customer implies full and complete acceptance of these General Terms of Use ("GTU") and Terms of Use. The Customer expressly acknowledges having read them prior to placing a Pre-Order, an Order, installing the Product, or during an Update.

In accordance with Article 1127-1 of the French Civil Code, these terms may be saved by any person visiting the Site (by means of a digital recording) and may also be reproduced (by means of printing).

The publisher, as a Software publisher, may modify these Terms of Use during execution, subject to notifying the Customer. Notification may be made by any means, including as a notification within the Software. Changes shall take effect one (1) month after the date of notification. The user may oppose the changes by ceasing use of the Software.

In the event that, after their removal from the Site and replacement, these terms remain accessible to the public via other websites or by any other means, they shall nonetheless no longer be enforceable against the company hestiia.

These terms may be supplemented, where applicable, by a Sales Contract and technical operating instructions for Products available upon delivery.

2. Product information

myEko Pro® is an electric heating device that reuses the heat generated by computing cards to heat homes.

A dedicated Ethernet connection to the Internet must be provided to ensure optimal operation of your myEko Pro® system.

myEko Pro® is supplied with a mobile application (available for iOS and Android) for controlling the Devices.

3. Obligations and responsibilities of the Parties

a. Responsibilities relating to Product conformity

hestiia guarantees that its Products comply with the specifications described in their technical documentation. Consequently, hestiia shall not be held liable for any use that does not comply with these specifications. The Customer assumes all responsibilities other than ensuring that the Products conform to specifications.

Information provided by hestiia, particularly regarding the power output and energy consumption of a Product, is assessed on the basis of existing technology at the time of sale. Such information is provided for indicative purposes only.

The Customer is solely responsible for the proper functioning of their own equipment, for ensuring that their environment complies with the specifications in the technical documentation, and for the quality of their Internet connection.

The Customer expressly acknowledges having received from hestiia all the information necessary to assess the suitability of the Product for their needs.

b. Responsibilities relating to Product failure

hestiia shall not be held liable for damages resulting from natural wear and tear, inappropriate use, incorrect assembly or commissioning by the Customer or a third party, incorrect or negligent handling, or excessive use, nor for damages related to any event attributable to force majeure as defined by established French case law and not attributable to hestiia. This also applies if the Customer or a third party prevents hestiia from remedying a defect.

In any event, the liability of hestiia under these terms is expressly limited to proven direct damages suffered by the Customer and attributable to hestiia. The total liability of hestiia towards the Customer for any damages (other than what may be required by law in cases involving personal injury) shall in no case exceed the sum of two hundred and fifty euros (250€).

The Customer declares that they are insured for damages caused to third parties by their equipment.

In the event of a breakdown, malfunction, or request for recovery, the Customer undertakes to ship, at hestiia's expense, the relevant Product components, so that the necessary repairs or replacements can be carried out.

The Customer expressly acknowledges and accepts that, to the extent permitted by applicable law, the use of the Software is at their own risk and that they assume the entire risk, within reason, relating to the quality, performance, accuracy, and operation of the Software.

hestiia does not guarantee the absence of issues when using the Software, the suitability of the Software's functions or services to the Customer's needs, the uninterrupted or error-free operation of said Software and services, the continued availability of services, the correction of any Software defect, or the compatibility or proper functioning of the Software with any third-party software, application, or service.

4. IT resources and telecommunications

The Customer is responsible for providing the IT and telecommunications resources required to access the Site and use the Products. Telecommunications costs remain at the Customer's expense when accessing the Internet and using the Site and Products. All costs inherent to the use of the Product, including electricity or any other service provided by third parties, are borne by the Customer.

The Customer is fully responsible for the proper functioning of all their IT equipment and their Internet connection. The Customer must ensure that this equipment is free from problems and viruses, and must implement sufficient security measures to prevent any third-party intrusion.

The Customer assumes the technical risks, particularly those related to power outages, connection interruptions, malfunctions, or network and system overloads. hestiia shall not be liable for risks relating to Internet access or the remote transmission of data by or to the Customer, including in the event of a dispute between the Customer and their Internet service provider regarding the confidentiality of transmitted data, transmission costs, Internet network maintenance, or service interruptions.

hestiia shall not be liable for risks relating to electricity access, including in the event of a dispute between the Customer and their electricity supplier regarding the cost per kWh, electrical network maintenance, or service interruptions.

A Wi-Fi or mobile data connection is required for certain Software features. In the absence of a permanent connection, the provisions of Article 8 may apply.

5. Responsibilities relating to the use of the Products and the Site

a. Prohibited conduct

The Software License is a personal, non-exclusive license.

It is strictly forbidden to use the Software:

(a) for commercial purposes, to distribute it, to charge for its use, or to provide any other public service, without the express permission of hestiia and, in the case of a third-party publisher, without that publisher's permission;

(b) to lease, rent, sublicense, publish, modify, adapt, or translate all or part of the Software;

(c) to emulate the Software;

(d) to the fullest extent permitted by law, the Customer is not authorized to reverse-engineer, decompile, disassemble, or copy any portion of the Software, to create derivative works, or to attempt to derive the source code of the Software from its object code;

(e) to deactivate or circumvent any encryption, security, or authentication mechanisms protecting the Devices or any Software, or to illegally access or interfere with any account, service, system, hardware, or software, in any manner whatsoever;

(f) to engage in activities that are illegal, fraudulent, or that infringe the rights or security of third parties;

(g) to use the Products for purposes other than those for which they were designed. Customers are strictly prohibited from copying or diverting the concept, technologies, or other elements of hestiia for their own purposes or those of third parties;

(h) to intercept, consult, derive, block, use, or decrypt data transmitted between servers belonging to hestiia and the computing calculation cards;

(i) to engage in any conduct likely to interrupt, suspend, slow down, or prevent the continuity of the Products and the Site;

(j) to engage in any acts likely to infringe the financial, commercial, or moral rights and interests of hestiia or its Customers;

(k) to assist or induce, in any form or manner whatsoever, any of the acts or activities described above;

(l) more generally, any breach of these Terms of Use, violation of public order, or violation of applicable laws and regulations;

b. Third-party links, sites, services, and content

The Site may contain hyperlinks to other websites that are not owned or controlled by hestiia. hestiia has no control over the content, data protection policies, or practices of third-party sites and accepts no responsibility in this regard.

hestiia is a third party to any relationship between the Customer and an advertiser, professional, or merchant (including its Partners) present on the Site. hestiia cannot be a party to any dispute arising from such a relationship.

The Software may enable other services and websites offered by hestiia and by third parties. The use of these services requires Internet access, and some services require disclosure of the hestiia identifier, acceptance of additional terms of service, and may be subject to additional fees.

6. Responsibilities relating to the transfer of Products

The Customer may not rent, lease, lend, sell, redistribute, or sublicense the Software. However, the Customer may make a single, permanent transfer of all their rights to the Software to another party as part of a transfer of ownership of their Device, provided that: (a) this transfer includes the Device and all of the Software, including all of its components, as well as this License; (b) the Customer does not retain any copy of the Software, whether complete or partial, including any copy stored on a computer or other storage device; and (c) the receiving party acknowledges and accepts the terms and conditions of this License.

In the event of a transfer of the property in which the Product is installed, the Customer has several options:

(a) The Customer undertakes to transfer to the buyer the rewards generated by the use of the Software from the date of the property transfer. It is the responsibility of the Customer, as the property owner, to inform the buyer of the specificities of the Product. hestiia cannot under any circumstances be held responsible for any failure by the transferring party to fulfil this obligation.

(b) The Customer may choose to relocate the Devices to their new home or premises.

In either case, the Customer must inform hestiia via the application or on the Site.

7. Force majeure

hestiia shall not be liable for losses that were not caused by its own fault but by the act of a third party or the Customer, or by a case of force majeure; nor for commercial losses (including loss of profits, contracts, anticipated savings, data, customers, or superfluous expenses); nor for indirect or consequential losses that were not foreseeable at the time the Pre-Order or Order was placed.

Force majeure refers to any event beyond the control of the Parties that is impossible to foresee or overcome. Accordingly, hestiia shall not be held liable for delays or failures to fulfil its contractual obligations resulting from events beyond its control, such as: adverse weather conditions, absence or suspension of electricity supply, lightning or fire, decisions by a competent administrative authority, war, civil disturbances, or other events beyond the reasonable control of hestiia.

8. Remedies

In the event of a breach of any of these provisions or, more generally, a violation of applicable laws and regulations by the Customer, hestiia reserves the right to take any appropriate measures, including:

(a) Suspending or terminating the Pre-Order or current Order;

(b) Suspending or terminating this License;

(c) Notifying any relevant authority.

9. After-sales service

In the event of a defect or malfunction, the Customer may contact hestiia:

- Via the mobile application

- By email at: support@hestiia.com

- By phone at +33 2 59 50 33 43, Monday to Friday, 9 am to 7 pm (free call from a landline).

10. Warranties

Products sold by hestiia are subject, by operation of law and without additional payment, to applicable legal warranties. The legal framework and applicable legal warranties differ depending on whether the Pre-Order or Order was placed by a Customer classified as a Professional or a Consumer.

10.1 Consumer Customer warranties

hestiia is required to apply the legal warranties of conformity (Articles L.217-4 to L.217-13 of the Consumer Code) and hidden defects (Articles 1641 to 1649 and 2232 of the Civil Code) under the conditions provided by law.

hestiia informs the Consumer Customer that, when exercising the legal warranty of conformity:

They have a period of two years from delivery of the goods to take action;

They may choose between repair or replacement of the goods, subject to the cost conditions set out in Article L.217-9 of the Consumer Code;

They are exempt from proving the existence of a lack of conformity during the 24 months following delivery of the goods.

The legal warranty of conformity applies regardless of any commercial warranty granted by hestiia.

It is noted that the Customer may also choose to invoke the warranty against hidden defects in the goods sold within the meaning of Article 1641 of the Civil Code. In this case, they may choose between rescission of the sale or a price reduction in accordance with Article 1644 of the Civil Code.

To exercise these warranties, the Customer should contact hestiia by email at support@hestiia.com.

However, hestiia disclaims any liability or warranty in cases of improper use of the Product, misuse by the Customer, modification of the Product, and/or normal wear and tear of the Product.

The Customer also benefits from an additional warranty on parts and labour for the Devices, valid for 3 years.

In addition, preventive maintenance is carried out every 5 years on the heating element of the appliance.

10.2 Warranty exclusions and limitation of liability

Routine maintenance operations on the Device are not covered and remain the Customer's responsibility.

Warranties do not apply in the following cases:

1. If the defect originates from negligence or abnormal use attributable to the Customer, particularly the use of the Product for purposes other than those for which it is intended;

2. In the event of defects resulting from unauthorized interventions by the Customer on the Product;

3. In the event of replacement of a Product part purchased from another seller;

4. In the event of flooding, earthquake, break-in, or vandalism.

For out-of-warranty repairs, modifications, or part replacements, a quote will be provided to the Customer following analysis by hestiia.

Any other claim, particularly for compensation for direct or indirect damages not suffered by the delivered Product, is excluded.

Reports of defects and warranty claims do not under any circumstances release the Customer from their obligation to pay within the agreed deadlines.

11. Availability of spare parts

In accordance with Article L.111-4 of the Consumer Code, spare parts essential for the use of the Device are available for a period of 5 years. Should it become impossible, due to the manufacturers, to supply any of these parts beyond this period, hestiia will offer the Customer an equivalent alternative.

12. Software updates

hestiia may make future Software updates available, both remotely and physically:

(a) to ensure the Software works as intended (i.e. to resolve bugs and other glitches) and to improve its effectiveness;

(b) for security reasons;

(c) to adapt the Software to a new system or technical environment;

(d) to improve the Software. Where applicable, these updates may not necessarily include all existing Software features or new features published by hestiia for newer Devices or other models. The terms of this License govern Software updates provided by hestiia, unless such updates are accompanied by a separate license, in which case the terms of that license shall apply.

The Device will periodically check for Software Updates remotely. Any available update may be automatically downloaded and installed on the Device. By using the Software, the Customer authorizes hestiia to automatically download and install Software Updates on their Device. The Customer may deactivate Automatic Updates at any time by modifying the automatic update settings in the application. However, certain Updates (points (a), (b), and (c) of this Article) shall remain mandatory for continued use of the Product; otherwise, Article 8 may apply.

hestiia may also offer a physical Software Update, involving a replacement of the electronic cards contained in the Device. The Customer is invited to send the old electronic cards, at hestiia's expense, in order to receive updated cards.

Use of the Device or downloading of an Update, where applicable, implies that the Customer accepts the terms of this License. If the Customer disagrees with the terms of this License, they should not use the Device or download the Update.

13. Intellectual property

All software, designs, texts, images, sound recordings, animations, trademarks, and other works included in the Products are protected by intellectual property rights and belong to hestiia. No ownership rights are transferred to the Customer or to third parties.

All trademarks, patents, registered designs, and copyrights attached to the Products, as well as all other intellectual property and database rights relating to hestiia, remain the full and exclusive property of hestiia. The Customer is prohibited from any reverse-engineering activity on the Products.

The Site is the exclusive property of hestiia, which holds all related intellectual property rights. Its content may not be modified, copied, distributed, reproduced, downloaded, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of hestiia.

If the Customer infringes hestiia's intellectual property rights, hestiia reserves the right to take all appropriate measures to put an end to such actions.

The reproduction of documents provided in connection with the sale of a Product is authorized solely for personal and private informational purposes.

14. Personal data protection

At all times, personal information concerning the Customer and the measures taken for its retention are available at https://www.hestiia.com/conditions-d-utilisation

15. Applicable law and language

These Terms of Use are governed by French law. They are drafted in French. In the event that they are translated into one or more languages, only the French text shall be authoritative in the event of a dispute.

16. Severability

If one or more provisions of these Terms of Use are held to be invalid or unenforceable under any law, regulation, or final judicial decision, the remaining provisions shall continue in full force and effect.

Furthermore, the temporary or permanent non-enforcement, or the absence of a claim by hestiia regarding a right arising from one or more clauses herein, shall not constitute a waiver of its right to invoke such right or any other clause.

17. Dispute resolution, mediation, and jurisdiction

17.1 Consumer Customer

In accordance with European Directive 2013/11/EU of 21 May 2013, transposed into French law by Ordinance No. 2015-1033 of 20 August 2015 and Decree No. 2015-1382 of 30 October 2015, hestiia provides Consumer Customers with a free consumer dispute mediation service, accessible online at (https://www.cnpm-mediation-consommation.eu/) or by post to:

CNPM - MEDIATION - CONSOMMATION
27 avenue de la Libération
42400 SAINT-CHAMOND

The Consumer may also use the European Commission's online dispute resolution platform to resolve disputes at: http://ec.europa.eu/odr

Recourse to mediation is only possible provided that: (i) the Consumer Customer first attempted to resolve the dispute directly with hestiia through a written complaint, for which no response was provided within ninety (90) days from receipt of the complaint or for which no satisfactory resolution was offered by hestiia; (ii) the request is not manifestly unfounded or abusive; and (iii) the dispute has not already been examined by another mediator or by a court.

The Consumer Customer has a period of one year from the date of their written complaint to hestiia to submit their request to the Mediator.

The Consumer Customer may, pursuant to Article R.631-3 of the Consumer Code, bring proceedings before one of the courts with territorial jurisdiction under the Code of Civil Procedure, or before the court of the place where they resided at the time the Contract was concluded or the harmful event occurred.

17.2 Professional Customer

In the event of a dispute, the initiating party shall contact the other party by registered letter with acknowledgement of receipt in order to attempt an amicable settlement within a reasonable time. In the absence of an amicable settlement within the specified period, either party may then, within fifteen days following the expiry of this period, decide to resort to mediation.

In the event of an amicable settlement or successful mediation, the parties must agree on the terms of a settlement agreement within the meaning of Article 2044 of the Civil Code. Any mediation costs shall be shared equally between the Parties, unless otherwise agreed. In the event of failure of the amicable settlement and/or mediation, or if duly justified urgency so requires, the initiating party may refer the matter to the competent court in Nantes.