MELCLOUD TERMS & CONDITIONS OF USE 1 Definitions 1.1 When the following words with capital letters are used in this Agreement they will mean: (a) Access Device: the device You use to access the Services, including PCs, smart phones and tablets and which meets the minimum requirements set out in the User Manual; (b) Agreement: the terms and conditions set out or incorporated by reference in this document; (c) Application: the software application developed by Us enabling use of the Services on an Access Device for download from certain software application stores or accessible via the Website application at https://app.melcloud.com (d) Consumer: means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession; (e) Event Outside our Control: is defined in clause 9.2; (f) Guest User: means a person authorised by a Primary User to use the Services as set out in clause 4; (g) Primary User: means the person who first completes Registration and has the ability to authorise Guest Users to use the Services, or any individual that this person transfers such rights and responsibilities to in accordance with the terms of this Agreement; (h) Product: is the heating or cooling product (including any wifi connection components and software or firmware embedded in such product or components) manufactured by Us or Our affiliates and which is listed as being compatible with the Services in the User Manual; (i) Registration: Your registration of an account with Us in order to use the Services; (j) Services: the services that We are providing You as set out in the User Manual and which conform to your Registration. Some parts of the Services are only available if You have purchased certain functionality from Your Product reseller or installer and/or may be subject to additional terms which are set out in the Specific Service Terms Schedule; (k) Supported Territories: means those countries set out in the User Manual, from time to time; (l) System: the Website or the Application (including any updates made to either) we use to provide the Services; (m) Updates: has the meaning given in clause 5.3; (n) User Manual: means the user manual (as amended from time to time) on the Website; (o) We/Our/Us: means Mitsubishi Electric Europe B.V., a Netherlands limited liability company having a registered address of Capronilaan 46 1119NS Schiphol-Rijk, The Netherlands and operating through its branch in England (registered number FC019156, BR003391) with a registered address at Travellers Lane, Hatfield, Herts, AL10 8XB United Kingdom for provision of the Services; (p) Website: means the URL, www.MELCloud.com (q) You/Your: means any Primary User or Guest User (as applicable) receiving the Services under this Agreement. 2 Our Agreement with You 2.1 This Agreement governs Registration and the supply of the Services to You. Please ensure that You have read the terms carefully including the terms and conditions set out in the following documents which are all incorporated by reference into this document: (a) the User Manual; (b) terms for our Use of your personal information – see clause 11; and (c) the user authentication requirements you agree to as part of the Registration process. 2.2 Before Registration is permitted and You are able to use the Services You must confirm that you have read and understood the terms and accept the Agreement. Upon Registration this Agreement will become binding on You. 2.3 This Agreement may be revised by Us from time to time in order to reflect changes in the delivery of the Services and/or risks in providing the Services by giving You at least thirty (30) days notice of the changes. We will notify You by publishing the revised Agreement on the Website or by communicating the revised terms of the Agreement to You by email to the address recorded on the User Information section of the System or by other appropriate means. Where such a revision is made, You are free to terminate your use of the Services in accordance with clause 10.2 if you do not accept the revised terms of the Agreement; however You will not be permitted to continue to use the Services after the thirty (30) days has ended until You accept the revised terms of the Agreement. 2.4 This Agreement does not cover Your use of the Product and We do not accept any liability for your use of, or defects in, the Product under this Agreement. Liability arising out of your purchase and use of the Product is governed by the terms of the agreement you have with the person or entity that sold you and/or installed the Product. We do not accept any liability for maintenance or support of the Product undertaken by the person or entity that sold you and/or installed the Product: without limitation, this includes any initial Product operational settings or change to any setting made by that person or entity. 2.5 Notwithstanding any service description set out in any other documents or literature relating to the Products, the service description in the User Manual fully describes the scope of the Services and replaces such description. 3 Provision and receipt of the Services 3.1 We will provide the Services to You from the date of Registration. There is no charge to use the Services except as set out in clause 5.2 and you may terminate this Agreement (and We will cease to provide the Services) at any time in accordance with clause 10.2. 3.2 During the term of our Agreement, we will use reasonable endeavours to make the Services available to You in accordance with the User Manual and the rest of the Agreement and will always provide the Services with reasonable skill and care. However, there may be delays due to an Event outside Our Control. See clause 9 for Our responsibilities when an Event Outside Our Control happens. 3.3 We may also have to suspend the Services if We have to address technical or security problems with the Services and will use reasonable endeavours to restore the Services as soon as reasonably practicable thereafter. We will notify You in advance if this occurs through a notice on the Website and/or an email, unless the problem is urgent or an emergency (where we will notify you as soon as reasonably practicable thereafter). Provided we have complied with the foregoing notification provisions, we will not be liable to you for the unavailability of the Services during such suspension. 3.4 The Services are provided as a secondary monitoring and control facility. You acknowledge that the Services are provided on an “as is” basis and are not guaranteed to be available on a continuous basis or to effect all instructions made through the Service and, in particular, cannot be relied upon for any application critical heating or cooling. Therefore You must also make arrangements for a person to physically check that the Product is set according to your wishes if unavailable or inaccurate information about the Product or the failure of instructions to be implemented would cause You any loss whatsoever. 3.5 Except to the extent as may be expressly stated by Us as forming part of the scope of chargeable functionality, We do not guarantee the availability of historic data relating to the settings of the Product displayed by the Services from time to time and may modify or withdraw such data at any time. 3.6 You acknowledge that receipt of the Services is dependent on equipment and services provided by you or third parties which We do not control and are not responsible for, such as the proper functioning of your Access Device, networking equipment and internet service provision. The Service may not be available if these components are not functioning properly. 3.7 You will: (a) only use the System and the Services via the Application or the Website; (b) only use the System and Service in conjunction with Products located in the Supported Territories; (c) ensure that all information provided to Us during Registration and when using the Service is correct and complete; (d) use the System and the Services only in relation to Products you own or control and within properties that you own or control and you will not re-sell or make the Services available to anyone else except, where you are a Primary User, as expressly permitted under clause 4 (Guest Users and installers); (e) use the System and the Services in accordance with the Agreement and all relevant laws; (f) comply with clause 7 in relation to personal information you process through/in connection with the System; (g) not allow any other person to use the System or the Services or your Access Device using your personal login, password or other Service account details; (h) not copy, adapt, modify, disassemble, de-compile, reverse engineer or create derivative works based on the System; (i) not introduce any virus, worm, logic bomb or other software to the System and not otherwise harm the System or Services or any other user of the Systems or Services, or their property or data; (j) deploy up to date commercially available firewalls and anti-virus software and install updates promptly upon receipt on any equipment you use to receive the Services; (k) use the Services only in connection with the types and maximum numbers of Products, Access Devices and other software, hardware and network connections that meet the minimum requirements set out in the User Manual unless expressly authorised in writing by Us; (l) if You are using the Service via the Application, install Updates to the Application when prompted to do so (failure to do so may result in the Service being unavailable or not functioning in accordance with the current description in the User Manual); (m) comply with the terms of any third party application store (such as Apple App Store, Google Play or Windows Store) when using the services of such app store to download the Application. We are not responsible for the availability or any services offered by the app store; and (n) be responsible for the payment of all charges to Your internet service provider or mobile device carrier incurred as a result of using the System and the Services and acknowledge that We have no responsibility for such charges. 4 Guest Users and installers 4.1 Primary Users will be responsible for any use of the Services made by Guest Users and installers. 4.2 Primary Users may not authorise more than the number of concurrent Guest Users set out in the User Manual in respect of a Product unless expressly authorised in writing by Us. 4.3 Guest Users and installers are required to agree to comply with the terms of this Agreement as part of the Registration process. 5 Support and how we may contact each other 5.1 In the event that there is any problem with the Services please contact Us to tell Us and give us a reasonable opportunity, and cooperate with us, to resolve any problem in accordance with clause 5.4 or by phone to the customer service and complaints number for the Supported Territory where the Product(s) are located, as set out in the Website. 5.2 We shall not provide support via a premium rate phone number. Any telephone support will be provided only at the applicable basic rate. 5.3 We may develop patches, bug fixes, upgrades and other modifications to the System and Services (Updates). You agree that We may Update the System and Services without requiring any additional consent or action from you. If you do not want such Updates, your sole remedy is to terminate this Agreement and cease using the Services altogether. 5.4 We may contact You through: - Our messages posted on the Website; or - the email address (and/or any postal address) provided by You at Registration (or as amended by You through the User Information section of the System); or Please see Clause 11.10 for details as to how to contact us if You have any question regarding Your personal data or if you wish to exercise Your rights under applicable data protection laws. For other notices or communications, You may contact Us: - by email: MELCloud@meuk.mee.com; or - via Our email address applicable to the relevant Supported Territory where the Product(s) are located, as set out in the Website; or - by post addressed to MELCloud, Mitsubishi Electric Europe B.V. Travellers Lane, Hatfield, Herts, AL10 8XB, United Kingdom; and Your question or request will be directed to the most appropriate person. Please note that You can to opt out of any request You have made to receive Our marketing communications at any time by deselecting that option in the Settings / Application Options section within the Application or by contacting Us as above. 5.5 Any Website posting or email communication (and any notices relating to the suspension and termination of the Services) will be deemed to have been effective at the time it was sent if the relevant party can demonstrate that it successfully sent the communication. It is therefore important that You always maintain a valid email address on the User Information section of the System. Any postal communication will be deemed effective if the relevant party can demonstrate it was posted, two working days thereafter. 6. Use of the System 6.1 We grant You a non-transferable non-exclusive licence to use the System and the data contained in it solely for the purposes of receiving the benefit of the Services and for monitoring and controlling the Product installed in property You own or control on your Access Device for the period between the Registration date and the date of termination of the contract by either You or Us. 6.2 Certain components of the System may be subject to the MIT Licence, or other open source licenses (Open Source Software). Those components are made available to You subject to the terms of the relevant open source license where required this information is embedded into a copyright header within the text file in the relevant component. Nothing in this Agreement restricts Your right to copy, modify and distribute such Open Source Software in accordance with the relevant open source license terms.  6.3 The System and the data contained in it is the exclusive property of Us or our licensors, the code is confidential, and You will have no licence, rights, title or interest in the System and the data contained in it or any other software or hardware or know-how that We use to provide the Services except as expressly set out in the Agreement. 6.4 If any person claims that the System infringes their intellectual property rights or We otherwise believe that the System may infringe the intellectual property rights of any person then We may modify the System to avoid such infringement or immediately suspend the Services or terminate the contract upon written notice to You by publishing the notification on the Website or by notifying you by email to the address recorded on your Service account or by other appropriate means. 6.5 You agree you will not directly or indirectly export or re-export the System to any country in breach of applicable export controls. 7. Your use of personal information Where You process personal information through/in connection with the System (including, where You are a Primary User, such personal information that relates to Guest Users or to any other data subjects as may be identifiable through your registration and/or use of the System and Services), You will process such personal information in compliance with applicable data protection laws including by providing any notices, and obtaining any consents and authorisation as required by applicable data protection laws. 8. Our liability to you 8.1 Subject to clauses 8.2 to 8.5 our liability to You for Your losses arising under or in connection with this Agreement (whether direct or indirect, arising in any way including under statute, contract or tort (including negligence)) for all Services provided to you is: (a) where a price is paid for the Product (excluding any installation charges) limited to the lower of (i) £1,000; and (ii) an amount equal to the price paid for the Product (excluding any installation charges) controlled through the Services and which is affected by Our breach of the Agreement; or (b) where no price is paid for the Product (excluding any installation charges) limited to the £1,000. 8.2 Subject to clauses 8.3 to 8.6, We have no liability to You under or in connection with this Agreement for the following losses, whether direct or indirect, arising in any way including under statute, contract or tort (including negligence) (and where you are a Consumer, the following apply to losses related to your business but not otherwise): the loss or corruption of data within the System or in your Access Devices or other equipment or repositories, anticipated savings, loss of profit, revenue, business, business interruption, or loss of business opportunity, contract, goodwill or reputation or losses. 8.3 Subject to clauses 8.2 and 8.4, we will not be liable for any losses that are not caused by our breach or that are not foreseeable (i.e. if it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen). We have not been notified by you of any special circumstances relating to your use of the Services and we are not liable to you for any unforeseeable losses. 8.4 We do not exclude or limit in any way Our liability for: (a) death or personal injury caused by Our negligence or the negligence of our employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; (c) to the extent applicable: (i) breach of the terms implied by sections 9, 10, 17(2), 17(3), 17(6) and 17(7) of the Consumer Rights Act 2015; and (ii) any liability under the Consumer Protection Act 1987; (d) to the extent we may not otherwise exclude or limits such liability by law. 8.5 Subject to clause 8.4, any claim against Us must be made promptly after discovery of the breach of these Terms. 8.6 Where You are a Consumer and the Application causes damage to your Access Device or other digital content on your Access Device and such damage is caused by our failure to use reasonable skill and care, we will either repair the damage or pay you appropriate compensation (which shall be limited to the applicable cap set out in clause 8.1). However, We will not be liable for damage that You could have avoided by following our advice to apply an Update offered to you free of charge or for damage that was caused by You failing to correctly follow the User Manual, including having place the minimum system requirements advised by Us. 9. Events Outside Our Control 9.1 We will not be liable for or responsible for any failure to perform, or delay in performance of, any of Our obligations under this Agreement that is caused by an Event Outside Our Control. 9.2 An Event Outside Our Control means any act or event beyond Our reasonable control including, without limitation industrial action, civil commotion, riot, invasion, terrorism, war fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, or failure of public or private telecommunications networks or other information technology systems. Any unavailability of an application web store through which updated copies of the Application can be downloaded will also be An Event Outside Our Control. 9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement we will notify You as soon as reasonably practical and our obligations will be suspended and the time for performance of them extended for the duration of the Event Outside Our Control. We will restart the Services as soon as reasonably possible after the Event Outside Our Control ceases unless such Event Outside Our Control continues for more than 3 months where We may terminate by giving 30 days written notice to You without further liability to you. 10. Rights to terminate this Agreement and cancel Service provision 10.1 This Agreement remains in effect from the Registration date until terminated by either You or Us. 10.2 You may terminate the Agreement and cancel Your Service account at any time with immediate effect by closing your Service account with Us. 10.3 We may terminate this Agreement: (a) at any time by providing thirty (30) days written notice by email to the address recorded on Your Service account or by other appropriate means; (b) with immediate effect if You are in breach of any the Agreement; and/or (c) in accordance with clauses 6.4 or 9.3. 10.4 Subject to clause 10.2, any termination of the contract will not affect any accrued claims, rights or liability of You or Us. 10.5 Where you have purchased the Product and we terminate the Service within 6 months of the date of such purchase under clause 10.3(a), you may be entitled to a refund of the purchase price of the Product. Where you purchase a Mitsubishi Electric Wi-Fi Interface which is suitable for installation with a pre-existing installed Product and We terminate the Service within 6 months of the date of your purchase in accordance with Clause 10.3(a) you may be entitled to a refund of the purchase price paid by you for the purchase and installation of that Wi-Fi Interface. 11. Our use of your personal information Primary Users may access Guest User’s information 11.1 If you are a Guest User please note that the Primary User will be able to view and access any information, including personal information the Guest User inputs or generates, and the Primary User will be provided with this information to the extent available together with his/her personal information in response to any access or portability request. Personal information collected 11.2 Upon connection of the Product to Your router, Your router will send Us the MAC address and serial number of Your Product and the IP address of Your LAN and WAN but no other information. Unless You have registered the Product with Us through another channel We will have no means of associating these details with you. 11.3 Upon Registration to the Service, You will provide Us with Your contact details and information about the Product and indicate Your marketing preferences to Us, Your router will send Us information about the settings of the Product (including On/Off, Operating Mode(s), Internal or External Temperature(s), Temperature Setpoint(s), Tank Temperature(s), Flow Rate(s), Vane Control(s), Fan Speed(s), Operating Status, Timer Actions, Error Status, Maintenance Information, Electrical Data and any product specific functional status) and the instructions You give Us via the System. 11.4 You may also provide Us personal information through correspondence and support calls. How the information is used and shared; grounds for use; and use outside of the UK/ EEA 11.5 We will use the personal information that You provide Us as set out below (our grounds justifying such use are set out in brackets after each use): (a) to provide the monitoring, control and support and after sales services comprised in the Services (to perform our contact with You); (b) to develop and improve Our services and products (Your personal information will be de-personalised for these purposes except where We are responding to a problem with Your Product) (which is in our legitimate interests (to enhance our business)); (c) to provide You with details of new products and services which may be of interest to You (but only where You have indicated to Us that You want Us to contact You with such offers) (which is in our legitimate interests (to promote our business)); (d) to meet legal obligations applicable to Us and to respond to requests from law enforcement agencies and regulators (which may lead to the disclosure of Your personal information to such third parties and is to meet our legal obligations); (e) We may transfer the personal information to countries outside of the UK and European Economic Area whose data protection regimes may not be as strict as those within the UK. Where We do We will do so only in accordance with applicable data protection laws and will ensure that the entity receiving such personal information is subject to a suitable export mechanism (if You contact us we will give you details of the relevant export mechanism); and (f) We may share the personal information with other Mitsubishi Electric group companies and agents and contractors for the purposes set out above and those entities may use the personal information for those purposes. How long we keep personal information for 11.6 If You terminate the Services through de-Registration: a) We will cease to collect the information specified in clauses 11.1 and 11.2 provided that You disconnect the Product from your router to stop information within the scope of Clause 11.2 being sent to the System; b) We will cease to hold and use any personal information You have provided in accordance with clause 11.5 (except to the extent We reasonably determine that We must retain such information in order to respond effectively to any claims against Us). 11.7 When the Services are deregistered, We delete Your personal information including any image You may have provided to Us previously for room location recognition purposes, (where You are a Primary User) Guest User access records and any pre-sets and room records applied by You to Your Product, (where You are a Guest User), any Guest User access which You may have been granted to any other product registered in the System. 11.8 We may retain data in our System that relates to Your Product or the Product You have used, but which is not identifiable to You personally. 11.9 Where We agree in writing to the transfer of Your rights or Your obligations under this Agreement to another person (see Clause 12.1), that transfer does not apply to Your deleted personal information as detailed above. Your rights, complaints and contacting us regarding data protection rights 11.10 Our Privacy policy is available at: http://emea.mitsubishielectric.com/en/utilities/privacy/index.page Please see section 5 of that policy regarding “Your rights and contacting us”. Translated versions of Our Privacy policy are available - please see the LANGUAGE VERSION SCHEDULE below. If you have any questions about Our use of Your personal information or wish to exercise any of Your rights under applicable data protection laws, including your right to obtain details of Your personal information that We process in electronic form and to rectification, erasure of Your personal information please contact Us by completing the General Data Protection Enquiry form at: https://www.mitsubishielectric.com/contact/ssl/php/1101/inquiryform.php?fid=1101 Please state clearly on the form that Your inquiry relates to MELCloud. Your question or request will be directed to the most appropriate person. Translated versions of the General Data Protection Enquiry form are available - please see the LANGUAGE VERSION SCHEDULE below. 11.11 Our lead data protection regulator is the Dutch data protection regulator (Autoriteit Persoonsgegevens) and its contact details are set out below: Email: info@autoriteitpersoonsgegevens.nl Address: Autoriteit Persoonsgegevens Prins Clauslaan 60 P.O. Box 93374 2509 AJ Den Haag/The Hague Tel. +31 70 888 8500 Fax +31 70 888 8501 11.12 You may take any complaint relating to Our processing to the Dutch data protection regulator (Autoriteit Persoonsgegevens). Alternatively, you may contact your local data protection regulator – a list of European data protection regulators and their contact details can be found here: http://library.mitsubishielectric.co.uk/pdf/book/National_Data_Protection_Authorities_-_Contact_details 12. Other important terms 12.1 We may transfer Our rights and obligations under this Agreement to another organisation or entity provided that where we transfer Our obligations such organisation is capable of fulfilling those obligations and Your rights under this Agreement shall not be prejudiced in any way (and You hereby consent to such transfer). You may only transfer your rights or your obligations under this Agreement to another person if we agree in writing (not to be unreasonably withheld). 12.2 This Agreement is between You and Us. No other person will have the right to enforce any of its terms and all third party rights are excluded under the Contracts (Third Party Rights) Act 1999. 12.3 No failure by Us to insist that you perform any of your obligations, or if we do not exercise any right or remedy arising under this Agreement against You, or We delay in doing so, that will not mean that we have waived our rights or remedies against You, and will not mean that You do not have to comply with the obligations. We will only waive a default in writing. 12.4 If any term or condition is held by a court to be illegal, invalid or unenforceable, the term or condition will not to form part of the Agreement but the legality, validity and enforceability of the remainder of the Agreement will not be affected. 12.5 This Agreement may only be modified by You or Us by agreement in writing between both us or by Us under clause 2.3. 12.6 This Agreement, including the documents incorporated by reference contain the whole Agreement between us relating to the provision and use of the Services and System and supersede all prior agreements, arrangements and understandings between us relating to that subject matter. 12.7 We both acknowledge that, in entering into this Agreement, we do not rely on any statement, representation, assurance or warranty (whether it was made negligently or innocently) of any person (whether a party to this Agreement or not) other than as expressly set out in this Agreement. 12.8 This Agreement will be governed by and construed in accordance with English law. We both agree to the exclusive jurisdiction of the English Courts PROVIDED that: (a) We may bring infringement or breach of confidence proceedings in any jurisdiction where such cause of action arises; (b) Where you are a Consumer user within the European Economic Area: THIS AGREEMENT DOES NOT AFFECT ANY LEGAL RIGHTS YOU MAY HAVE AS A CONSUMER UNDER APPLICABLE NATIONAL LEGISLATION GOVERNING OUR PROVISION OF THE SERVICES TO YOU. Without limitation, this includes the application of the laws of your member state and your rights to redress through the courts of your member state. In addition to the dispute resolution terms above, where you are a Consumer, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform which can be accessed at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN SPECIFIC SERVICE TERMS SCHEDULE This Schedule sets out specific terms that apply only to specific parts of the Services: Qualifying Data Service for the UK’s Domestic Renewable Heat Incentive (“Domestic RHI Qualifying Data Service”) 1. A description of the Domestic RHI Qualifying Data Service is set out in the Service User Manual. This Service supports data recording and a data viewing platform for Metering and Monitoring Service Packages in accordance with The Domestic Renewable Heat Incentive Regulations 2014. 2. You must have entered into an agreement with your installer for a Metering and Monitoring Service Package (MMSP) that which meets Ofgem’s requirements in respect of your renewable heating system incorporating the Product. 3. Our obligation to provide the Domestic RHI Qualifying Data Service will commence upon your Registration. Your installer will pay Us to provide this Service. We shall then amend your Registration to activate this Service. We shall confirm to you that We have effected this activation. 4. We reserve the right to provide substitute services that allow you to meet data recording requirements for MMSP purposes at the time you activate the Domestic RHI Qualifying Data Service, but will otherwise make the Domestic RHI Qualifying Data Service available for 7 years from the date of Registration (unless you are notified of a shorter term at the point of Registration). 5. We accept no liability for the validity of any MMSP agreement between You and Your installer, nor do we accept any liability in relation to the conduct of Your installer in fulfilling its obligations under the MMSP agreement. Registration for, or provision of, the Domestic RHI Qualifying Data Service does not mean your MMSP agreement has been registered by Ofgem. You may consult Ofgem regarding any MMSP query before you install an MMSP for the first time. You may also consult Ofgem in order to obtain an “Agreement Content Checklist”. You can contact Ofgem via email at domesticrhi@ofgem.gov.uk, putting “MMSP” in the subject line. 6. In relation to the provision of Domestic RHI Qualifying Data Service only, clause 7.1 of this Agreement shall be replaced with the following: “7.1. Subject to clauses 7.3 to 7.5, our liability to you under this Agreement (whether direct or indirect, arising under statute, contract or tort) for all Services provided to you is limited to the higher of £1,000 and an amount equal to the Renewable Heat Incentive payments that you would have received but for our breach of the Agreement.” 7. In the event your Product is disconnected from our System server for 31 (thirty-one) consecutive days where You use the Domestic RHI Qualifying Data Service, You will receive an automated email message from Us to inform You that We have observed that Your Product has stopped communicating with our System server. Thereafter You will receive a further automated email message every 31 (thirty-one) days whilst Your Product remains disconnected. In such case, You are responsible for effecting the reconnection; You will need to check that your Product is connected to your router and is communicating to our server. We will not be responsible for our failure to meet your data reporting obligations for MMSP if (i) You do not restore this communication; or (ii) You fail to open Our automated email or block receipt of Our email. IMPORTANT: As a condition to this Agreement for Your usage of the Domestic RHI Qualifying Data Service, You cannot opt out from Our despatch of this automated email message in the event of your Product remaining disconnected for this period. Remote Diagnostic Services: 1. Remote Diagnostic Services are available only if your Product has a FTC5 Controller and Wi-Fi interface and is currently communicating to the MELCloud Service. 2. After Registration and in accordance with the procedure set out in the User Manual, you may specifically request Our remote diagnostic Services to assist you in making initial settings or in changing any setting. You will be required to confirm that the Product is not used by you for any application critical heating or cooling purpose before We apply any resetting command remotely to your Product. You will need to physically check or monitor the Product when We issue a remote command and confirm to Us that the resetting has been implemented. 3. Remote Diagnostic Services are provided subject to the terms of this Agreement including, without limitation, clauses 3.3 (suspension of Services), 3.4 (no guarantee of continuing availability/no application critical heating or cooling) and 3.6 (dependency of Services on functionality of your Access Device and/or your or third party equipment and internet service provision). Disabling “Prohibit” local controller operation: Where You select and apply the Application function to disable the usage of a local controller for the input of operational controls for Your Product, all operational controls will then be effected only via the Application. In that case, You will be responsible for ensuring connectivity to our System so that your input of settings can continue to be applied through the Application. You may restore usage of a local controller for your product at any time by deselecting this function within the Application. In App Energy Report for “MXZ Multi-Split” Air conditioning products Where Your Products are in scope for the “MXZ Multi-Split” Energy Report function in the Application which provides an indicative energy usage data only for those Products, the validity of the indicative energy usage data depends on the compatibility of: (i) The installed indoor air conditioning unit: only those indoor units as specified in this table are compatible with the Application: Compatible Indoor Models MSZ-AP15VG, MSZ-EF50VG, MLZ-KP25VF, PCA-M50KA, MSZ-AP20VG, MSZ-HR25VF, MLZ-KP35VF, PCA-M60KA, MSZ-AP25VG, MSZ-HR35VF, MLZ-KP50VF, PEAD-M50JA, MSZ-AP35VG, MSZ-HR42VF, MFZ-KT25VG, PEAD-M50JAL, MSZ-AP42VG, MSZ-HR50VF, MFZ-KT35VG, PLA-M50EA, MSZ-AP50VG, MSZ-LN18VG, MFZ-KT50VG, PLA-M60EA, MSZ-EF18VG, MSZ-LN25VG, SLZ-M15FA, MSZ-EF22VG, MSZ-LN35VG, SLZ-M25FA, MSZ-EF25VG, MSZ-LN50VG, SLZ-M35FA, MSZ-EF42VG, MSZ-LN60VG, SLZ-M50FA (ii) The installed outdoor air conditioning unit, only those outdoor units as specified in this table are compatible with the Application: Compatible Outdoor Models (MXZ Series) MXZ-2F33VF, MXZ-3F54VF, MXZ-4F80VF, MXZ-3HA50VF, MXZ-2F42VF, MXZ-3F68VF, MXZ-2HA40VF, MXZ-2F53VF, MXZ-4F72VF, MXZ-2HA50VF The Energy Report is provided subject to the terms of this Agreement, including without limitation clause 3. The Energy Report is merely indicative and cannot record actual energy usage. The Energy Report assumes appropriate Product selection and application, and no abnormal operational conditions which impact on energy usage. The Energy Report displays indicative energy data as computed by the System, based upon the Products’ operational status as communicated to our System server. Where that connection is not available for any period, the Energy Report function will not show indicative energy data for that period. In such case, You are responsible for effecting the reconnection; You will need to check that your outdoor unit Product is connected to your router and is communicating to our server. Google Maps: 1. Usage of the Google Maps function within the Services is subject to: a. Google’s Terms of Service. See: https://www.google.com/intl/en_uk/help/terms_maps.html b. Google’s Privacy Policy. See: http://www.google.com/policies/privacy 2. Our inclusion of the Google Maps within the Services does not imply endorsement by Google. Amazon Alexa Usage of Alexa voice services function within the Services to apply control settings into MELCloud is subject to Alexa Terms of Use: https://www.amazon.com/gp/help/customer/display.html?nodeId=201809740 and all terms, guidance and notices linked within those Terms of Use. That includes without limitation Amazon’s Privacy Notice: https://www.amazon.com/gp/help/customer/display.html?nodeId=468496 Our inclusion of Alexa voice services function within the Services does not imply endorsement by Amazon. Access to Alexa voice services function within the Services may not be available from your territory or and may not be supported in your language. To implement the Alexa voice services function You need: a. a valid Amazon account; b. a device capable of receiving voice commands through Alexa functionality; c. to download the Alex app onto your Access Device and enable and link that Access Device to the MELCloud ‘Skills’ function(s) in Alexa; d. to ask Alexa to control MELCloud. Voice control processing is within Amazon. Your voice commands must conform to the Alexa voice command options in the “Skills” functions(s) for MELCloud. We are not responsible for any non-conforming voice command. We implement a setting change only when received by Us from Amazon. We are not responsible for any delay or loss of transmission. Google Assistant Usage of Google Assistant voice services within the Services to apply control settings into MELCloud is subject to Google Assistant Terms of Use: https://developers.google.com/assistant/community/terms and all terms, guidance and notices linked within those Terms of Use. That includes without limitation Google Privacy Notice: https://policies.google.com/privacy Our inclusion of Google Assistant voice services within the Services does not imply endorsement by Google. Access to Google Assistant voice services within the Services may not be available from your territory or and may not be supported in your language. To implement the Google Assistant voice services, You need: a. a valid Google account; b. a device capable of receiving voice commands through Google Assistant functionality; c. to download the Google Home app onto your Access Device and enable and link that Access Device to the MELCloud ‘Home Control’ in Google Home; d. to ask Google Home to control MELCloud. Voice control processing is within Google’s Assistant voice services. Your voice commands must conform to the Google Assistant voice command options for MELCloud Connected Devices. We are not responsible for any non-conforming voice command. We implement a setting change only when received by Us from Google. We are not responsible for any delay or loss of transmission. LANGUAGE VERSION SCHEDULE LANGUAGE Privacy policy GERMAN http://emea.mitsubishielectric.com/de/utilities/privacy/index.page SPANISH http://emea.mitsubishielectric.com/es/utilities/privacy/index.page FRENCH http://emea.mitsubishielectric.com/fr/utilities/privacy/index.page ITALIAN http://emea.mitsubishielectric.com/it/utilities/privacy/index.page DUTCH http://nl.mitsubishielectric.com/nl/utilities/privacy/index.page POLISH http://pl.mitsubishielectric.com/pl/utilities/privacy/index.page PORTUGUESE http://emea.mitsubishielectric.com/pt/utilities/privacy/index.page SWEDISH http://se.mitsubishielectric.com/sv/utilities/privacy/index.page ARMENIAN http://emea.mitsubishielectric.com/ar/utilities/privacy-policy/index.page NORWEGIAN http://no.mitsubishielectric.com/no/utilities/privacy/index.page RUSSIAN http://ru.mitsubishielectric.com/ru/utilities/privacy-policy/index.page TURKISH http://tr.mitsubishielectric.com/tr/utilities/privacy-policy/index.page                 LANGUAGE GDPR Enquiry Form GERMAN https://www.mitsubishielectric.com/contact/ssl/php/1103/kiyaku.php?fid=1103 SPANISH https://www.mitsubishielectric.com/contact/ssl/php/1106/kiyaku.php?fid=1106 FRENCH https://www.mitsubishielectric.com/contact/ssl/php/1102/kiyaku.php?fid=1102 ITALIAN https://www.mitsubishielectric.com/contact/ssl/php/1104/kiyaku.php?fid=1104 DUTCH https://www.mitsubishielectric.com/contact/ssl/php/1108/kiyaku.php?fid=1108 POLISH https://www.mitsubishielectric.com/contact/ssl/php/1107/kiyaku.php?fid=1107 PORTUGUESE https://www.mitsubishielectric.com/contact/ssl/php/1105/kiyaku.php?fid=1105 SWEDISH https://www.mitsubishielectric.com/contact/ssl/php/1109/kiyaku.php?fid=1109 MELCloud Terms and Conditions v9.00