Carrier
Service Technician App
End User
License Agreement
This End
User License Agreement (“Agreement”) is a binding agreement between you (“you”)
and Carrier Corporation (“Company”). This Agreement governs your use of the App
(as defined below). The App is licensed, not sold, to you. By clicking the “Agree” OR “ACCEPT” button
when prompted, whether upon download of the APP, or registration of an App
account, or BY otherwise using the App, you (a) acknowledge that you have read
and understand this agreement; (b) represent that you are of legal age to enter
into a binding agreement; and (c) accept this Agreement and agree that you are
legally bound by its terms. If you do not agree to these terms, do not download
the APP, register an App account or otherwise use ANY PART OF the App.
1.
License
Grant. Subject to the terms of this Agreement, Company
grants you a limited, non-exclusive and nontransferable license to:
a.
download,
install, access and use the Service Technician Application and any related
software and applications (with all related documentation, collectively, “App”)
for your personal, non-commercial use on a single mobile device owned or
otherwise controlled by you (“Mobile Device”), strictly in accordance with the
HVACpartners Terms of Use available at https://www.shareddocs.com/hvac/docs/1010/Public/02/HVACpartners_Terms_of_Use.htm (“Terms of
Use”) and all related mobile application documentation; and
a.
access,
stream, download and use on your Mobile Device any Content (as defined in
Section 5) made available in or otherwise accessible through the App, strictly
in accordance with this Agreement and our Website Terms of Use applicable to
such Content as set forth in Section 5.
1.
License
Restrictions: You will not:
a.
copy the
App, except as expressly permitted by the license set forth in this Agreement;
a.
modify,
translate, adapt or otherwise create derivatives works or improvements, whether
or not patentable, of the App;
a.
reverse
engineer, disassemble, decompile, decode or otherwise attempt to derive or gain
access to the source code of the App or any part thereof;
a.
remove,
delete, alter or obscure any trademarks or any copyright, trademark, patent or
other intellectual property or proprietary rights notices from the App,
including any copy thereof;
a.
rent, lease,
lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make
available the App, or any features or functionality of the App, to any third
party for any reason, including by making the App available on a network where
it is capable of being accessed by more than one device at any time; or
a.
remove,
disable, circumvent or otherwise create or implement any workaround to any copy
protection, rights management or security features in or protecting the App.
1.
Reservation
of Rights. You acknowledge and agree that the App is
provided under license, and not sold, to you. You do not acquire any ownership
interest in the App under this Agreement, or any other rights thereto other
than to use the App in accordance with the license granted, and subject to all
terms, conditions and restrictions, under this Agreement. Company and its
licensors and service providers reserve and shall retain their entire right,
title and interest in and to the App, including all copyrights, trademarks and
other intellectual property rights therein or relating thereto, except as
expressly granted to you in this Agreement.
1.
Collection
and Use of Your Information. You
understand and acknowledge that when you download, install or use the App,
Company may use automatic means (including, for example, wired or wireless
connections, cookies, web beacons and other technologies) to collect and store
information about your Mobile Device and your use of the App to Company’s
servers. You also may be required to provide certain information about yourself
as a condition to downloading, installing or using the App or certain of its
features or functionality, and the App may share information about you with
others, such as our service providers. All information collected through or in
connection with this App is subject to our Privacy Notice available at https://www.carrier.com/residential/en/us/privacy-notice/ (“Privacy
Notice”). By downloading, installing, using and/or providing information to or
through this App, you hereby grant Company a non-exclusive, perpetual,
irrevocable, sub-licensable license, in accordance with the Privacy Notice, to
use Customer Data (i) in connection with making the App available to you, (ii)
to improve our products and services, including to develop new offerings, and
(iii) to create and compile de-identified, aggregated datasets and/or
statistics for the purposes of benchmarking, development of best practices and
other research, statistical and marketing purposes (“Company Derivative
Works”). All such Company Derivative Works shall be exclusively owned by
Company. “Customer Data” means all user information, test information, data,
test analyses and results, and other information and data input by or on behalf
of you into the App and all information and data that is generated, produced
and reported through use of the Connected Equipment (as defined below) by or on
behalf of you.
1.
Content. The App
may provide you with access to (a) Company’s websites such as HVACpartners.com
and related databases (collectively, “Website”), and products and services
accessible thereon, and (b) end users’ connected HVAC equipment (“Connected
Equipment”), and data collected from such Connected Equipment, and certain
features, functionality and content accessible on or through the App may be
hosted on the Website (collectively, “Content”). Your access to and use of such
Content, including your use of end users’ personal information and any data
collected from Connected Equipment, is governed by the Website Terms of Use and
Privacy Notice, which are incorporated herein by this reference. Your access to
and use of such Content may require you to acknowledge your acceptance of such
Terms of Use and Privacy Notice and/or to register with the Website, and your
failure to do so may restrict you from accessing or using certain of the App’s
features and functionality. Any violation of such Terms of Use will also be
deemed a violation of this Agreement.
1.
Geographic
Restrictions. The Content is based in the United States and
provided for access and use only by persons located in the United States and
Canada. You acknowledge that you may not be able to access all or some of the
Content outside of the United States and Canada and that access thereto may not
be legal by certain persons or in certain countries. If you access the Content
from outside of the United States or Canada, you are responsible for compliance
with local laws.
1.
Updates. Company
may from time to time in its sole discretion develop and provide App updates,
which may include upgrades, bug fixes, patches, other error corrections and/or
new features (collectively, including related documentation, “Updates”).
Updates may also modify or delete in their entirety certain features and functionality.
You agree that Company has no obligation to provide any Updates or to continue
to provide or enable any particular features or functionality. Depending on
your Mobile Device settings, when your Mobile Device connects to the internet,
(a) the App may automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available
Updates. You agree to promptly download and install all Updates and acknowledge
and agree that the App or portions thereof may not properly operate should you
fail to do so. You further agree that all Updates will be deemed part of the
App and be subject to all terms and conditions of this Agreement.
1.
Third-Party Providers and Materials.
a.
Portions of
the App may be hosted, maintained and/or otherwise supported by third-party
providers. Company is not responsible for third-party providers, including
their failure to host, maintain or otherwise support the App for any period of
time. Company does not assume and will not have any liability or responsibility
to you or any other person or entity for any third-party hosting, maintenance
or other support of the App.
a.
The App may
display, include or make available third-party content (including data,
information, applications and other products, services and/or materials) or
provide links to third-party websites or services (“Third-Party Materials”).
You acknowledge and agree that Company is not responsible for Third-Party
Materials, including their accuracy, completeness, timeliness, validity,
copyright compliance, legality, decency, quality or any other aspect thereof.
Company does not assume and will not have any liability or responsibility to
you or any other person or entity for any Third-Party Materials. Third-Party
Materials and links thereto are provided solely as a convenience to you, and
you access and use them entirely at your own risk and subject to such third
parties’ terms of use.
1.
Term and
Termination. The term of this Agreement commences when you
first download or install any portion of the App and continues in effect until
terminated by you or Company as set forth in this Section. You may terminate
this Agreement by deleting/uninstalling the App and all copies thereof from
your Mobile Device. Company may terminate this Agreement with respect to any
web or mobile applications or related software, at any time without notice if
it ceases to support all or part of such applications or related software. In
addition, this Agreement will terminate in its entirety, immediately and
automatically, without any notice, if you violate any of the terms of this
Agreement. Upon termination, (a) all rights granted to you under this Agreement
will also terminate; and (b) you must cease all use of the App, including by
deleting/uninstalling all copies from your Mobile Device. Termination will not
limit any of Company’s rights or remedies at law or in equity.
1.
Disclaimer
of Warranties. The App
AND ANY CONTENT ARE provided to you “as is” and “as available”, with all faults
and defects, without warranty of any kind. To the maximum extent permitted
under applicable law, Company, on its own behalf and on behalf of its
affiliates and its and their respective licensors and service providers,
expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the App OR ANY CONTENT, including all implied
warranties of merchantability, fitness for a particular purpose, title and
non-infringement, and warranties that may arise out of course of dealing,
course of performance, usage or trade practice. Without limitation to the
foregoing, Company provides no warranty or undertaking, and makes no
representation of any kind that the App OR ANY CONTENT will meet your
requirements, achieve any intended results, be compatible, or work with any
other software, applications, systems or services, operate without
interruption, meet any performance, reliability or availability standards, or
be error-free, or that any errors or defects can or will be corrected. Some
jurisdictions do not allow the exclusion of or limitations on implied
warranties or the limitations on the applicable statutory rights of a consumer,
so some or all of the above exclusions and limitations may not apply to you.
1.
Limitation
of Liability. To the
fullest extent permitted by applicable law, in no event will Company or its
affiliates, or any of its or their respective licensors or service providers,
have any liability arising from or related to your use of or inability to use
the App or ANY Content for:
a.
personal
injury, property damage, lost profits, cost of substitute goods or services,
loss of data, loss of goodwill, business interruption, computer failure or
malfunction or any other consequential, incidental, indirect, exemplary,
special or punitive damages; and
a.
direct
damages in amounts that in the aggregate exceed the amount actually paid by you
for the App.
The foregoing limitations will apply whether such
damages arise out of breach of contract, tort (including negligence) or
otherwise and regardless of whether such damages were foreseeable or Company
was advised of the possibility of such damages. Some jurisdictions do not allow
certain limitations of liability, so some or all of the above limitations of
liability may not apply to you.
1.
Indemnification. You agree
to indemnify, defend and hold harmless Company and its officers, directors,
employees, agents, affiliates, successors and assigns from and against any and
all losses, damages, liabilities, deficiencies, claims, actions, judgments,
settlements, interest, awards, penalties, fines, costs or expenses of whatever
kind, including reasonable attorneys’ fees, arising from or relating to your
use or misuse of the App or your breach of this Agreement.
1.
Export
Regulation. The App may be subject to U.S. export control
laws, including the U.S. Export Administration Act and its associated
regulations. You agree not to, directly or indirectly, export, re-export or
release the App to, or make the App accessible from, any jurisdiction or
country to which export, re-export or release is prohibited by law, rule or
regulation. You further agree to comply with all applicable U.S. laws, regulations
and rules, and to complete all required undertakings (including obtaining any
necessary export license or other governmental approval), prior to exporting,
re-exporting, releasing or otherwise making the App available outside of the
U.S.
1.
Severability. If any
provision of this Agreement is illegal or unenforceable under applicable law,
the remainder of the provision will be amended to achieve as closely as
possible the effect of the original term and all other provisions of this
Agreement will continue in full force and effect.
1.
Governing
Law. This Agreement is governed by and construed in
accordance with the internal laws of the State of Indiana without giving effect
to any choice or conflict of law provision or rule. Any legal suit, action or
proceeding arising out of or related to this Agreement or the App shall be
instituted exclusively in the federal courts of the United States or the courts
of the State of Indiana, in each case located in the City of Indianapolis. You
waive any and all objections to the exercise of jurisdiction over you by such
courts and to venue in such courts.
1.
Limitation
of Time to File Claims. Any cause of action or claim you may have
arising out of or relating to this Agreement or the App must be commenced
within one (1) year after the cause of action accrues; otherwise, such cause of
action or claim is permanently barred.
1.
Entire
Agreement. This Agreement, the Website Terms of Use and
Privacy Notice, constitute the entire agreement between you and Company with
respect to the App and supersede all prior or contemporaneous understandings
and agreements, whether written or oral, with respect to the App.
1.
Waiver. No failure
to exercise, and no delay in exercising, on the part of either party, any right
under this Agreement will operate as a waiver of such right, nor will any
single or partial exercise of any right under this Agreement preclude further
exercise of that or any other right under this Agreement. To the extent of a
conflict between this Agreement and any other applicable terms, the terms of
this Agreement will govern.
Carrier
Global Corporation and its subsidiaries and affiliates (collectively, “Carrier”), are committed
to protecting the privacy of visitors to our websites (“Websites”) and users of
our mobile applications (“Apps”).
It is important that our users understand how we collect, use and disclose
Personal Information (as defined below). Carrier has implemented technical,
administrative and physical measures to safeguard any personal information that
we may collect.
This
Privacy Notice describes our practices related to Personal Information
collected through the Websites and Apps, unless there is a separate privacy
notice for a particular website or mobile application.
Carrier
has a separate General Privacy Notice that covers Personal Information that
Carrier may collect and process separate and apart from its Websites and Apps.
If you apply for a job through this Website, Carrier’s use of the Personal
Information you provide through the Careers section is governed by Carrier’s
Job Applicant Privacy Notice found in that Careers section, and not this
Privacy Notice. For individuals in the United States, Carrier has a HIIPA
Privacy Notice and Privacy Protection Policy for Social Security Numbers.
Carrier may use cookies and other tracking technologies on its Websites and
Apps; please consult our Cookies Policy.
“Personal Information” is information through which a natural
person is identifiable or may be identified. Carrier collects, uses and
processes your Personal Information in order to provide you with services,
products or information that you request.
The
collection of Personal Information will be transparent to you, and you will
have the opportunity to decide whether or not to provide it. If you choose not
to provide any of the Personal Information requested, Carrier may be unable to
complete your transaction, or provide the information, services or products you
have requested.
Carrier
collects information, including Personal Information, from you when you submit
a form or request, or register a product with Carrier, such as: name, physical
address, the company for whom you work, phone number, email address and fax
number, as well as any other Personal Information you provide to Carrier. .
Carrier may also ask you to provide information about the product you are
registering (e.g. a device identifier) or the person/company that installed or
maintains it.
Carrier
may also collect information through your use of our Websites or Apps, such as
device identifiers, IP address, log files, and location data. Please see “How
does Carrier use cookies or other tracking technologies?” below for more
information.
Your
mobile or internet services providers may have a conflicting privacy position
or policy that permits them to capture, use and/or retain your Personal
Information when you visit the Websites or use the Apps, but Carrier is not
responsible for and does not control how other parties may collect your
Personal Information when you access the Websites or Apps.
Our
purpose in collecting this information is to provide customized services and
content relevant to your specific needs and interests. Your information
may be used by Carrier to carry out our contractual obligations, authenticate
you as a user and allow you access to certain areas of our Website, Apps or
social media sites or allow you to apply for a position at Carrier.
Except
where used in support of a contract with you or to fulfil a legal obligation,
our use of your Personal Information will be only for legitimate business
interests as set out below.Personal Information
collected on the Websites or Apps may be used to:
Because
Carrier is a global company with locations in many different countries, we may
transfer your information from one legal entity to another or from one country
to another within Carrier in order to accomplish the purposes listed above.
These countries include, at a minimum, the United States, the member states of
the European Union, the United Kingdom, Switzerland, Canada, and other
countries, including some in Asia. We will transfer your Personal Information
consistent with applicable legal requirements and only to the extent necessary
for the purposes set out above.
Carrier
relies on available legal mechanisms to enable the legal transfer of Personal
Information across borders. To the extent that Carrier relies on the Standard
Contractual Clauses (also called the Model Clauses) or Binding Corporate Rules
to authorize transfer, Carrier will comply with those requirements, including
where there may be a conflict between those requirements and this Privacy
Notice. To read UTC’s Binding Corporate Rules, click here to select the version
in the language of your choosing.
Carrier
may use the Personal Information you provide to contact you about products, services,
promotions, special offers, surveys, and other information that may be of
interest to you. If you prefer not to receive such communications, please use
the “unsubscribe” function within the Websites or Apps, or let us know by
sending an email to [email protected].
Carrier
will ensure that any marketing communications sent by electronic means will
provide a simple method for you to opt-out or unsubscribe. Please note that if
you unsubscribe from marketing communications, you may continue to receive
communications about our account or transactions with us.
We
will also use your Personal Information to contact you in response to a direct
inquiry or if you register to receive communications on any of the Websites,
such as the Investors section if available.
Carrier
may share your Personal Information with its affiliated companies and
subsidiaries, such as companies in which Carrier has control, through either
direct or indirect ownership for the purposes set out above. When we do so,
your Personal Information will be shared in accordance with our Binding
Corporate Rules.
In
addition, Carrier will provide access to or share Personal Information on an
as-needed basis with third parties, such as trusted service providers,
consultants and contractors who are granted access to Carrier facilities and
systems or which provide services to Carrier, and with government agencies and
others as required by law. In particular, Carrier will only share your Personal
Information outside Carrier to:
Your
Personal Information will also be maintained and processed by our service
providers in the United States, the member states of the European Union, the
United Kingdom, Switzerland, Canada, Asia, and in other jurisdictions, within
an appropriate legal and contractual framework.
Carrier
is committed to ensuring the security and integrity of Personal Information.
Carrier has adopted reasonable physical, technical and administrative
procedures to safeguard your Personal Information. However, due to the nature
of Internet communications, we cannot guarantee or warrant that your
transmission to us is secure.
The
Personal Information you provide to Carrier is only kept for as long as it is
reasonably necessary for the purposes for which it was collected, taking into
account our need to comply with contractual obligations, resolve customer
service issues, comply with legal requirements and provide new or improved
products and services to users. This means that we may retain your Personal Information
for a reasonable period after you stopped using the Carrier Websites or Apps.
After this period, your Personal Information will be deleted from all systems
of Carrier without notice.
You
may request to access, update, correct, change, or delete your Personal
Information at any time. Carrier will use reasonable efforts to timely update
and/or remove your Personal Information. To protect the user’s privacy and
security, Carrier will take steps to verify the user’s identity before making
any requested access or change. To access, update, correct, change, or delete
your Personal Information, to ask questions or to raise concerns regarding data
protection and privacy, send an email to [email protected]a>. Some of our Websites, Apps, and social media accounts
allow you to make corrections directly at the site without need to further
contact Carrier.
Please
note that while we will assist you in protecting your Personal Information, it
is your responsibility to protect your passwords and other access credentials
from others.
In
some instances, Carrier may provide links to non-Carrier controlled websites,
which Carrier will make reasonable efforts to identify as such. Carrier does
not control such third party websites, however, and cannot be responsible for
the content or the privacy practices employed by other websites. Furthermore,
this Privacy Notice does not govern information collected about you by third
parties.
Carrier
may use cookies on this Website. Cookies are small text files sent to and
stored on users’ computers. We use cookies to allow the Website to recognize
repeat users, facilitate users’ access to the Website, and allow the Website to
compile aggregate data that will allow content improvements. Cookies do
not damage users’ computers or files. If you do not want cookies to be
accessible by this or any other Carrier Website, you should adjust the settings
on your browser program to deny or disable the use of cookies. However, denying
or disabling cookies or similar technology may prevent you from accessing some
of our content or using some of the features on the Website. Carrier may also
use cookies and similar technology placed by one of our business or advertising
partners to enable Carrier to learn which advertisements bring users to our
Website.
In
addition, Carrier monitors user traffic patterns throughout its Websites
according to a user's domain name, browser type, date and time of access, and
pages viewed. Our Web servers collect the domain names but not the email addresses
of visitors. This information is collected in order to measure the number of
visitors to our Website and to determine which areas of the Website users find
useful based upon the amount of traffic to particular areas. Carrier uses this
information to enhance users’ experience at the Website and to better prepare
future content based on the interests of users.
This
Website may also use web beacons. A web beacon is usually a pixel on
a website that can be used to
track whether a user has visited a particular website to deliver targeted
advertising. Web beacons are used in combination with cookies, which means that, if you
turn off your browser's cookies, the web beacons will not be able to track your
activity. The web beacon will still count as a website visit, but your
unique information will not be recorded.
Information
collected by web beacons may include IP address information (see below). Web
beacon information is also used for:
An
Internet Protocol (IP) address is a number that is used by computers on the
network to identify your computer every time you log on to the Internet.
Carrier
may collect and keep track of IP addresses to, among other things:
Carrier
(or third parties on behalf of Carrier) may collect information in the form of
log files that are recording Website activities and statistics about web users'
habits.
Log
files are used for internal purposes only. By using log files, Carrier
can constantly improve and customize their Websites and applications.
The
entries help us gather, among other things:
Social
network information is any information that you permit a third party social
network to share with third party application developers such as Carrier.
Social network information includes any information that is part of your
profile on a third party social network. Such social network may include,
but is not limited to, Twitter, Facebook, google+.
To
find out how your information from a social network may be obtained by us (or
other third party application developers), please go on the settings page of
the relevant social network. Furthermore, you acknowledge that we may use
your Personal Information to match information with a social network for
advertising purposes.
Carrier
cannot make assurances about the security of information that you share with
third parties, including information you share with social media sites.
For
more information about cookies and other tracking technologies, click here.
Carrier
is a global provider of building technologies. Our fire safety, security,
building automation, heating, ventilating, air-conditioning and refrigeration
systems and services promote integrated, high-performance buildings that are
safer, smarter and sustainable. As such, the following are some examples
of when location data may be requested to provide some of the services that
Carrier has to offer:
In
addition, Carrier may use location data for location and/or timekeeping
purposes for employees or contractors.
In
all of these cases, Carrier will ask permission to collect your location data
and so the collection of this data will be transparent to you – you will have
the opportunity to decide whether or not to provide your location data.
If you choose not to provide your location data, Carrier may be unable to
provide the requested service or complete the requested transaction.
Parents, Guardians, and Children: Our Apps and
Websites are intended for visitors who are at least 18 years of age, or the age
of majority in their jurisdiction of residence. Carrier does not knowingly
solicit information from, or market products or services to, children. If you
do not meet the age requirements set out above, please do not enter your
Personal Information on this or any other Carrier Websites or Apps.
Users from California:
If
you are a resident of California, effective January 1, 2020, you have certain
rights under the California Consumer Privacy Act of 2018 (“CCPA”), including
the right to:
Requests
to exercise rights under the CCPA are subject to verification by Carrier and
are also subject to certain restrictions provided by the CCPA. We will not
discriminate against California residents for exercising any of their
applicable CCPA rights. While California residents have the right to
opt-out of the sale of their personal information under CCPA, Carrier does not
sell personal information to third parties. If our practices change, we will
update this Privacy Notice and take any necessary action to comply with
applicable law.
California
residents who wish to exercise their CCPA rights can contact Carrier at [email protected] or use the webform located here. You can also contact us at 1-833-617-0050. When
contacting us to exercise your rights, please put “California Privacy Rights”
in the subject and body of your request and describe the nature of your
request.
Annually
California residents may request and obtain information that Carrier shared
with other businesses for their own direct marketing use within the prior
calendar year (as defined by California’s “Shine the Light Law”). If
applicable, this information would include a list of the categories of Personal
Information that was shared and the names and addresses of all third parties
with which Carrier shared this information in the immediately preceding
calendar year. To obtain this information, please send an email message
to [email protected] with “California
Shine the Light Privacy Request” in the subject line as well as in the body of
your message.
Users from the European Union and other countries with privacy
laws:
You have the right to lodge a complaint with your national or state data
protection authority, which may also be known as a supervisory authority. You
also have the right to: (i) request access to and correction or erasure of your
Personal Information; (ii) seek restrictions on; or (iii) object to the
processing of certain Personal Information, and seek data portability under
certain circumstances. To contact Carrier about a request to access,
correct, erase, object or seek restrictions or portability, please use the
contact methods indicated at the end of this notice.
Users from the US: Carrier does not collect Social Security Numbers through
its Websites.
As
Carrier expands and improves its Websites and its Apps, or as legal
requirements change, we may need to update this Privacy Notice. This Privacy
Notice may be modified from time to time without prior notice. We encourage you
to review this Privacy Notice on a regular basis for any changes. The date of
the latest version will be identified at the bottom of the policy.
If
you have any comments or questions or if there are other things we can do to
maximize the value of this Websites, please email the Carrier webmaster.
If
you wish to access, correct, update or erase your Personal Information, or if
you have questions about Carrier’s privacy practices in general or a complaint,
please email [email protected].
In
the event that you are located in a country that is governed by the General
Data Protection Regulation and would like to contact the local Data Protection
Officer, please note that in your email and your inquiry will be directed to
the appropriate person. If you wish to opt-out from sharing your Personal
Information with us or have your Personal Information be removed, you should
follow this link.
Last
updated: December 18, 2019