Airfel Scala Contract

1.PARTIES
This Membership Agreement (“Agreement”) is signed by and between Daikin Isıtma ve Soğutma Sistemleri San. Tic. A.Ş. (hereinafter referred as “Daikin”) and the User (hereinafter referred as the “User”) who transfers his/her personal data through the registration form in Daikin's mobile apps named Airfel Scala.

Hereinafter Daikin and the User shall be individually referred as “Party” and collectively referred as the “Parties”.

2.SUBJECT OF THE AGREEMENT
This Agreement enables the Member to use Airfel branded products developed by Daikin via the system aiming to save energy without sacrificing comfort conditions at home and to use the software program (Airfel Scala App) which provides remote control of Airfel Scala product. Furthermore, additional terms and conditions may also be applied for additional services and applications to be provided other than the services offered by Daikin while becoming a member.

3.CREATING A MEMBERSHIP
This Agreement shall take effect for an undefined period of time between the Parties after the user fills-out the registration form in the Airfel Scala Application and confirms the "I have read and accepted the Membership Agreement" field and click the Submit button.

4.THE MEMBERSHIP AND TERMS OF SERVICE
a)The relevant Airfel Scala products should be used for the use of services and applications offered under the membership.

b)The Airfel Scala application, Airfel cloud service and Airfel devices are integral parts of Airfel products.

c)The Airfel Scala application is applications that allows to be used through compatible smart phones by Airfel members. The use of the Airfel Scala application may require updates from time to time and it is the responsibility of the Member to monitor and implement these updates regularly.

d)Airfel measures the temperature and humidity of the house, transfers them to a cloud-based system using the home wireless internet infrastructure, and manages the systems it is connected to from the commands generated by the system, which is cloud-based.

e)The Airfel cloud service is the name of the central server that stores temperature and humidity data generated by the Airfel devices and provides instructions for Airfel products using various algorithms based on instructions from the Members.

f)The user manual should carefully be read, before using Airfel products.

g)To remotely control Airfel devices with the Airfel Scala application, you should have a wireless internet connection where Airfel devices are used.

h)Airfel features may need to record, analyze and use your personal data in accordance with the Personal Data Protection Law No. 6698 to run and improve its products and services. Therefore, the user accepts the processing of personal data and transferring them to Airfel Solution Partners serving under this Agreement with his/her explicit consent.

i)The data required for the use of Airfel products is sent and received via your current applicable internet tariff.

j)Access to Airfel applications and also the quality of operations performed through the applications depend on the quality of the service provided by the relevant operator, and Daikin has no responsibility for any problems arising from this quality of such service. In addition to Airfel product, compatible tablets, mobile phones, etc. may need to be updated from time to time for use of the Airfel Scala application.

k)Natural gas and electricity bills may vary depending on how Airfel Scala is used, natural gas cost, air temperature, seasonal conditions, insulation and size of home, use of other heat sources and other factors that may cause heat change at home. Daikin does its best to save you without compromising comfort conditions, but does not commit that the Member's invoice amounts will be reduced or invoice amounts will be recorded at a certain period of time. Daikin is not the subject of any claims or claims relating to invoices, including whether the Member's energy bills are higher than normal.

l)All rights, property and interests of Airfel products belong to Daikin. As per this Agreement, the member is awarded a worldwide, free, personal, non- transferable and non-exclusive license (right to use) for the use of Airfel applications. Nothing in this Agreement shall be interpreted as that any Member is granted any rights, property or interests in relation to the Airfel application in whole or in part.

m)Daikin provides Airfel products on an “as is” basis and makes no claim or commitment that the products are defect-free or perfect. The Member agrees that it is entirely under his responsibility to use Airfel products and is responsible for using them in accordance with other instructions and achieving satisfactory quality and performance. Daikin declares that there is no implied commitment, such as implied warranty, satisfactory quality, conformity to a specific purpose, accuracy.

5.CREATE A USER NAME AND PASSWORD

a)The user will have a member name and password that he/she will determine when he/she becomes a member and that he/she should keep secure. The Member can change his/her password at any time. It is the responsibility of the Member to choose, modify and protect the member password. The Member accepts,

2. The e-mail address given by the member during the first registration is Member- specific and the Member is entitled to create a single membership with this e- mail address and member name. Two different memberships cannot be created with the same e-mail address.

6.FORCE MAJEURE
The Parties commit to comply with legal obligations such as natural disasters, martial law or state of emergency, domestic disturbance, war or military operations, national or local security, strikes and lockouts, fire, lightning, explosion, flood. It shall not be liable for any breach of this Agreement for any action or negligence that is not under the responsibility of the third parties or for similar or unsimilar reasons not under the control of the Parties.

7.CONFIDENTIALITY AND PROHIBITED USE CASES

a. Daikin may use, disclose, process, share, classify and store the data transmitted to itself by the member in accordance with the Personal Data Protection Law No. 6698 and as per the provisions of this agreement. The User explicitly accepts this agreement and the service.

2. Daikin may share your personal data with government agencies and/or judicial authorities in accordance with the Personal Data Protection Law No. 6698 to meet the requests of government agencies as required by relevant legislation.

3. A member cannot request login information for another member. Access to any other member's account is prohibited in any way.

4. Members accept and declare that the information and content provided by them is accurate, legal and their own. Daikin is not obliged to investigate the accuracy of the information and content uploaded, modified and provided by its members and accepts that this information and content is secure, accurate and legal.

5. Daikin, if it believes that you have breached the Terms of Membership, infringed the intellectual property rights of others, or exposed the Website to any risk or other possible legal action, may remove your content or information on the Website and terminate your membership without any notice.

6. The Member shall not transfer, sublet, use or sell the right granted to him/her under the Agreement without Daikin's written approval.

7. Daikin is not responsible for any loss or damage arising out of any intervention caused by members and/or third parties or arising out of deterioration caused by any software, equipment or data; is not responsible for any copyright or property right infringement arising out of the member's use in any way. Daikin reserves the right to change the terms of use, at its sole discretion, and remove content that it does not consider appropriate.

8.TERMINATION OF THE AGREEMENT

a. Daikin can scan the content and messages required to identify messages that are contrary to the Agreement or general ethical rules that cannot be accepted by Daikin. It can always unable messages and content to be accessed. Therefore, it states that your membership is not required without any notice and/or can terminate it.

2. Daikin can unilaterally terminate the Agreement without any charges if the Member breaches this Agreement. The Member can unilaterally terminate this Agreement at any time without any charges. However, the Member does not have the right to return products to Daikin, except for the terms of the warranty document and the terms of the sales agreement. Upon termination of your agreement, personal data of the Member will be deleted if it has not been publicly disclosed based on consent of the Member that you may have previously provided for a different reason.

9.GENERAL PROVISIONS

a. As long as the Member benefits from Daikin services, he/she shall accept, declare and undertake in advance to provide any information, announcements, services, promotions and advertisements provided by Daikin.

2. Compensation cannot be claimed from Daikin for direct or indirect damages, including loss of profit, loss of value, etc.

3. Daikin is not responsible for any malfunctions in the system in which Airfel is used together. Daikin is solely responsible for direct damages arising from this Agreement to the extent permitted by applicable legislation. Daikin cannot be held responsible for any damage caused by defects and malfunctions of the systems in which Airfel is used together.

4. The Member agrees, declares and undertakes to use the services provided by Daikin in accordance with instructions and information, to read and understand these instructions, and not to claim any compensation if these instructions are not followed, as there may be reasons for the software and hardware he/she uses.

5. There is no charge for the use of the services and applications contained in this membership agreement. However, you should accept and agree to these services and applications in order to use new services and applications offered by Daikin in the future.

6. The User's personal data is required to provide the services under this Agreement to users. The User agrees to provide this personal data correctly and in full to Daikin for the services covered by this agreement. Daikin shall keep the personal data of the users in the data registration system in accordance with the Personal Data Protection Law No. 6698 and in accordance with the services provided under this agreement during the service period. The user explicitly agrees that the data that is part of the service and where the data will be stored is stored in Turkey and abroad. This information can be shared with business partners provided that the user data is kept confidential and secure within the scope of services received from third parties in order to benefit from the services. The user explicitly accepts this.

7. In cases where there is no provision in this agreement, the provisions of the Law on Consumer Protection No. 6502 and the provisions of the Regulation on Consumer Protection shall be applied until the regulations stipulated in this Law come into force. The Member can apply to the arbitral tribunal or the consumer court for consumer complaints where he/she purchases the service or resides.

8. In case of discrepancy between Turkish and English versions of the Agreement, Turkish version shall prevail.