1. Purpose of the General Terms of Use

These General Terms of Use (hereinafter the “Terms of Use”) are intended to define the rules governing access to and use of the “Smarty PRO” mobile application (hereinafter the “Application”), developed and made available by Creos Luxembourg SA, a public limited liability company (société anonyme) incorporated under Luxembourg law, with its registered office at L-2555 Luxembourg, 105 rue de Strassen and registered with the Luxembourg Trade and Companies Register under number B 4513 (hereinafter “Creos”).

The Application is intended for professional use, more specifically for electricians (hereinafter the “User” or “Users”) carrying out work in connection with requests for the connection and commissioning of photovoltaic installations and charging stations. It is not intended for end customers/private individuals.

The User of the Application must accept these Terms of Use in order to download and use the Application by accepting/ticking the box: “I acknowledge that I have read and accepted the General Terms of Use.”

These Terms of Use are available at all times in the User’s account within the Application.

These Terms of Use may be amended at any time. Users will be informed of any amendment by email sent to the email address used to log into the Application.

If the User disagrees with the amended Terms of Use, the User must expressly notify Creos by email at info@creos.net within 15 calendar days of receiving the email. In such case, the User’s account will be deleted. Otherwise, the User will be deemed to have accepted the amendments to the Terms of Use. 

2. Purpose of the Application

In particular, the Application enables the User to notify Creos, in its capacity as distribution system operator, of the completion of work on photovoltaic installations and charging stations.

The Application also enables the User to submit to Creos the documents and information required to process connection requests on behalf of an end customer and to notify Creos of the completion of work on photovoltaic installations and charging stations so that Creos can assess their compliance. 

3. Access to the Application 

The access and use of the Application require:

• a compatible multimedia device, namely a mobile phone;
• Internet access;
• registration of the User with MyCreos.

When registering, the User undertakes to provide accurate and up-to-date information. The User must therefore provide an email address that will serve as their login identifier and to which the platform will send an email containing a unique link allowing the User to log in to the Application.

The Application is accessible 24 hours a day, 7 days a week.

Creos undertakes to implement all necessary measures to ensure the proper functioning, security and accessibility of the Application. However, given the complexity of the Internet network, Creos does not 1 guarantee uninterrupted availability of the service and shall not be held liable in the event of temporary inability to access all or part of the Application.

Creos reserves the right to suspend or restrict access to the Application where necessary for technical, security or maintenance reasons, or in the event of use that does not comply with these Terms of Use. 

4. Liability

Creos shall not be held liable in the event of inability to access the Application, misuse of the Application, congestion of the Internet network, any malfunction attributable to telephone operators or Internet service providers selected by the User, or in the event of force majeure or circumstances beyond its control.

The following shall, in particular, be considered events of force majeure:

• mobilisation, a state of war, terrorist acts, sabotage, acts of vandalism and, more generally, any criminal act, as well as civil disturbances such as riots, lock-outs and strikes;
• acts or decisions of public authorities, any order issued by civil or military authorities or courts;
• any disruptions affecting the distribution and transmission facilities of distribution system operators or third parties, damage caused to such facilities by third parties or accidental events;
• uncontrollable events such as natural disasters, pandemics, epidemics and atmospheric phenomena that are irresistible by reason of their cause and scale, including frost, wet snow, storms, hail, etc.

Creos shall not be held liable for the improper configuration of the User’s mobile phone. Each User is responsible for ensuring that their equipment is functioning properly and is correctly configured.

The User is solely responsible for any use made of their login credentials and password, for maintaining their confidentiality, and for any use of their personal account. Under no circumstances shall Creos be held liable for any loss, theft or damage resulting from fraudulent use of Users’ identification data. 

5. Intellectual Property

All content of the Application, including in particular all trade names, trademarks, logos, images, texts, domain names and other distinctive signs, is protected by copyright and by laws governing the protection of intellectual property.

Users undertake to respect the intellectual property rights relating to the elements comprising the Application and shall, in particular, refrain from distributing, publishing, transmitting, commercially exploiting, reproducing, copying or modifying such elements without Creos’ prior express written consent. 

6. Cookie Management Policy

The Application does not use cookies.

However, the Application contains links redirecting Users to help pages hosted on other websites. Such links, or any other content available through them, may contain third-party cookies. Users wishing to obtain further information about such cookies or to find out how to reject or delete them should consult the policies of the websites concerned. 

7. Data Protection

Creos undertakes to comply with legislation governing the protection of personal data, in particular Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

Creos implements appropriate practices and security measures with regard to the collection, storage and processing of personal data in order to protect such data against unauthorised access, alteration, disclosure or destruction.

Personal data shall be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed.

Personal data are collected, in particular, for the purposes of managing User accounts, processing connection requests and verifying the compliance of photovoltaic installations and charging stations.

Where the User submits data relating to an end customer via the Application, the User undertakes to submit only data that are adequate, relevant and limited to what is necessary, and to have obtained any authorisation required for such transfer in the context of the User’s relationship with the end customer.

For further information concerning data processing, including the categories of data processed, the legal basis for processing, retention periods and data subjects’ rights, the User may consult the privacy policy available on the Creos website. 

8. Languages of the Application

The Application is available in the following languages: French, English and German.

In the event of any discrepancy between the different language versions of the Application, the French version shall prevail for the purposes of its operation and the interpretation of these Terms of Use. 

9. Governing Law and Dispute Resolution

These Terms of Use shall be governed by Luxembourg law.

Failing an amicable settlement, any dispute relating to the Application or the interpretation of these Terms of Use shall be subject to the jurisdiction of the courts of Luxembourg City.