These Terms of use govern your access to and use of the Dara Software (hereinafter the “Dara Mobile App”) and the Software Services (hereinafter the “Services”), as provided by and defined under the Sale Agreement you executed with GREENTEK LIGHTING S.R.L., a company incorporated under Romanian law with its corporate seat at 34 Bucium St., Ground Floor, Space P2 and P3, Iasi, Iasi County, Romania, registered with the Trade Register under no. J22/833/2009, sole registration code RO 25464863 (hereinafter “GREENTEK”). Dara Mobile App (and any associated updates) is licensed under and governed by the provisions of the Sale Agreement and these Terms of use. The access and use of Dara Mobile App is subject to prior executing a Sale Agreement with GREENTEK and reading and agreeing to these Terms of use and the Privacy Policy available at https://www.greentek.eu/privacy which is hereby incorporated by reference. Do not register for, access or use the Dara Mobile App unless: (a) you have entered a Sale Agreement with GREENTEK for Greentek Products (including Dara Hardware) or you are a designated user by a GREENTEK customer and (b) you agree to the terms of these Terms of use, including the Privacy Policy. 1. Access and Use of Dara Mobile App The access and use of Dara Mobile App shall be made in connection with, and solely for the purpose of, controlling and monitoring the Dara Hardware installed at your premises (the “Permitted Use”). The use of Dara Mobile App will require an active and uninterrupted Internet connection for both the end-user devices (mobile phones or tablets) on which you install the Data Mobile App and the controlled Dara Hardware. Dara Mobile App may be downloaded and installed from third-party application distribution channels, such as the Apple iTunes App Store and Google Play Store, with features available under the following formats: (a) Dara Mobile App Basic: limited functionality, single user account (owner) and a limited number of controlled units, such as: 1 mesh network, monitor & control up to 140 luminaires, creation of up to 16 groups and managing of luminaires in up to 3 scenarios; (b) Dara Mobile App Business: access is granted to the full set of features, single user account (owner) with unlimited number of designated user accounts and unlimited number of controlled units. The above mentioned features of the Dara Mobile App will be available for GREENTEK customers only, beneficiaries under a Sale Agreement for Greentek Products (including Dara Hardware), based on the Purchase Order attached to the Sale Agreement and becoming owners of a Dara Mobile App account. In order to become an owner of a Dara Mobile App account, you will be required to provide certain information such as: a valid email address and a password and accept the EULA, these Terms of use and the Privacy Policy thereby incorporate by reference. An owner of a Dara Mobile App Business account may designate and authorize an unlimited number of additional users of the Dara Mobile App Business. To this end, the designated users will be required to provide certain information such as: a valid email address and a password and accept the EULA, these Terms of use and the Privacy Policy thereby incorporate by reference. Owners of a Dara Mobile App Business account are solely responsible for the activity that occurs on the accounts of their designated users and for any damages resulting from a breach of the rules of conduct, the present Terms of use and the Privacy Policy by any of their designated users. A Dara Mobile App account (either Basic or Business, owner or designated user account) allows the download and installation of the Dara Mobile App on an unlimited number of end-users devices (such as mobile phones and tablets), provided that any settings made will be saved solely on the respective end-user device. If you are an owner or a user of a Dara Mobile App account, you may never use another’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Under no circumstances GREENTEK will be liable for any losses caused by any unauthorized use of an account (either an owner or a user account). You understand and undertake to immediately notify GREENTEK in writing of any breach of security or unauthorized use of your account. 2. Payment for Dara Mobile App Business The features of Dara Mobile App Business are only available based on periodic subscription fees (the “Software Fee”) as per the Purchase Order under the Sale Agreement you entered into with GREENTEK. 3. Data Collection by Dara Mobile App Dara Mobile App collects registration information which includes your email address, password, the IP address associated with your device, information about number of controlled Dara Hardware or Greentek Products. We are aware that the security of your private information is an important concern. The protection of your personal data is highly important for us, data protection and the protection of your personal privacy being a priority for our business. Your personal data will be handled in accordance with our Privacy Policy which is hereby incorporated by reference. Dara Mobile App may generate PUSH notifications related to associated updates, the subscription period, the Software Fees or the Services, only if those features are activated by the owner of the Dara Mobile App account or its designated users. These options can be enabled / disabled from your end-user device/ device settings at any time during the use of Dara Mobile App. 4. License of Use Subject to the Sale Agreement, these Terms of use and provided that you use the Dara Mobile App in connection with, and solely for the purpose of the Permitted Use and that you shall not use the App for any other purpose, GREENTEK grants you and you hereby accept a non-exclusive, non-sublicensable, non-transferable limited license to access and use Dara Mobile App on a device owned or leased or otherwise controlled exclusively by you and only as authorized in the Sale Agreement and related Purchase Order, these Terms of use and in accordance with any related explanatory files and written materials provided by GREENTEK, if the case. Except for the rights expressly granted above, the Sale Agreement and these Terms of use transfer you no right, title, or interest in any software incorporated in the Dara Software, or any copyright, patent, trademark, trade secret, or other intellectual property or proprietary right in the Dara Software. GREENTEK retains sole and exclusive ownership of the Software and all copies thereof and you hereby assign to GREENTEK all right, title, and interest in and to any modifications you make to the Dara Software, whether or not such modifications are permitted. By downloading, installing, accessing and using Dara Mobile App, you understand and undertake not to: • attempt to discover any source code, underlying ideas or algorithms used by GREENTEK to develop Dara Software through reverse engineering, de-compilation, or disassembly of Dara Software, or any portion thereof; • copy, modify, translate, or otherwise create derivative works of any part of Dara Software; • copy, rent, sell, lease, distribute, or otherwise transfer the Dara Software, any portion thereof, or any rights that you receive hereunder; • access or use Dara Software in order to build a similar or competitive service. • take any action that imposes or may impose (as determined by GREENTEK in its sole discretion) an unreasonable or disproportionately large burden on GREENTEK’s Internet infrastructure; • attempt to access Dara Software using any method other than the interface and instructions that GREENTEK provides; • circumvent any measure GREENTEK may use to prevent or restrict access to Dara Software; • interfere or attempt to interfere in any way with the proper working of Dara Software; • sublicense or otherwise transfer or assign any interest in or to the Dara Software to any third parties. GREENTEK may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of Dara Software, modify existing Service or develop new Services (“Updates”). Upon your consent, granted at the first installation of an Update, any subsequent Updates may be automatically installed without providing additional notice or requiring your consent. 5. Intellectual Property All intellectual property rights, title, and interest, including copyrights, patents, trademarks, and trade secrets, in Dara Mobile App are owned by GREENTEK and GREENTEK reserves all rights not granted under the Sale Agreement and these Terms of use. Certain marks, including, but not limited to: Greentek and Dara are either trademarks or registered trademarks of GREENTEK LIGHTING S.R.L. You shall not remove or conceal any trademark or proprietary notice of GREENTEK from the Software including any back-up copy. 6. No Warranties To the extent permitted by applicable law, Dara Mobile App is provided for your convenience, “as is” and “as available” and GREENTEK expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to warranties of title, non-infringement of third-party rights, conditions of merchantability and fitness for a particular purpose, accuracy and any warranties implied by any course of performance or usage of trade. GREENTEK and its agents, partners, suppliers and content providers do not warrant that: a. Dara Mobile App or the Service (i) will meet your requirements; (ii) will be compatible with your network, computers or mobile/end-user devices; (iii) will be available on an uninterrupted, timely, secure, or error-free basis, at any particular time or location; or (iv) will be accurate or reliable; b. any content, materials, user contributions or submissions, including, without limitation, any results, data, or information obtained through the Service will be accurate, reliable, or complete; c. the content, materials, contributions or submissions are free of viruses or other harmful components. The use of both Dara Software and Hardware require an active and uninterrupted connection to Internet (operated by 3rd party providers) though a Wi-Fi access point. You understand and acknowledge that these 3rd party products and services may not operate in a reliable manner and may impact the way that Dara Mobile App operates. GREENTEK does not accept and hereby excludes any and all liability for damages and losses due to the operation of these 3rd party products and services, such as end-user devices (mobile phones and tablets), Wi-Fi access points and Internet Service Providers and does not recommend the use of Dara Mobile App for any situations that require permanent availability of the Dara Software or Hardware. The use of the Service is solely at the user’s own risk. No advice or information, whether oral or written, obtained by you from GREENTEK or though the Dara Mobile App shall create any warranty. Should any malfunctions occur with respect to the Dara Software functioning, GREENTEK shall act to their remediation within a reasonable term that shall not exceed 30 working days, except for the cases in which certain malfunctions occurred require a longer term for remediation. Provisions regarding Notifications and Termination by the Buyer under the Sale Agreement shall be applicable thereof. 7. Limitation of Liability To the maximum extent permitted by applicable law, in addition to the above warranty disclaimers, GREENTEK, its officers, directors, employees, agents, or suppliers shall in no event be liable under contract, tort, strict liability, negligence (including gross negligence) or any other legal theory with respect to Dara Mobile App, the Service or any content or products accessible through Dara Mobile App and Service: (I) for any lost profits, loss of data, loss of clientele, loss of opportunities, damages to reputation or goodwill, lost savings, damages caused by interruption of business or any other special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), even if GREENTEK knew or should have known of the possibility of such damages, (II) for any bugs, viruses, Trojan horses, or the like (regardless of the source of origination), (III) for any errors, omissions, or inaccuracies in any content or materials or for any loss or damage of any kind incurred as a result of the use (directly or through its designated users) of any content, materials posted or otherwise made available at or through the Dara Mobile App and Service; (IV) for damages and losses due to the operation of these 3rd party products and services, such as end-user devices (mobile phones and tablets), Wi-Fi access points and Internet Service Providers. Nothing in these Terms of useand in particular within this "Limitation of Liability" section shall attempt to exclude liability that cannot be excluded or limited under applicable law such in case of willful misconduct or fraud by GREENTEK. 8. Indemnification You agree to defend, indemnify, and hold harmless GREENTEK, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims and expenses (including reasonable attorneys’ fees) made by any third party due to or arising out of (i) the use or misuse of the Dara Mobile App and the Service, (ii) your violation of these Terms of use or (iii) infringement by you or any third party using your accounts, of any intellectual property or other right of any person or entity. GREENTEK reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by a user (either owner of a Dara Mobile App account or its designated users), in which event the user will assist and cooperate with GREENTEK in asserting any available defenses. GREENTEK will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it and you agree not to settle any such claim without GREENTEK’s prior written consent. 9. Term, Termination and Survival These Terms of use will remain in full force and effect so long as you continue to access or use the Dara Mobile App, or until terminated in accordance with the provisions of the Sale Agreement. Ongoing obligations of the parties described in clauses 5, 6, 8 and 10 of these Terms of use will survive the termination of your use of Dara Mobile App. 10. Acceptance and Acknowledgment Your registration, access or otherwise use of Dara Mobile App is conditioned on your acceptance of and compliance with these Terms of use and the Privacy Policy herby incorporated by reference. GREENTEK reserves the right to modify or replace the provisions of this document and the Privacy Policy at any time at its sole discretion and you agree to be bound by the terms of the most recent version when you use Dara Mobile App. Continued use of Dara Mobile App following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by such changes to these Terms of use. By downloading, installing, or otherwise using Dara Mobile App or any portion thereof, you agree to be bound by these Terms of use, which form an integral part of the Sale Agreement. Without prejudice to the generality of the above clauses, you hereby expressly agree with the provisions of clause 2, 5, 6, 7, 8 and 9 of these Terms of use. If you do not agree to these Terms of use, do not install or otherwise use Dara Mobile App or any portion thereof.