Works with Legrand – Developer Program Terms and Conditions

Last update 24th October 2018

Legal information

The Works With Legrand website is published by Legrand SA.
A public limited company ("société anonyme") with a registered capital of €1 067 223 004
SIRET Number 421 259 615 00027
APE code 7010Z
128, av. du Maréchal de Lattre de Tassigny
87045 Limoges Cedex (France)

Email: webmaster.legrand@legrand.com

RCS LIMOGES 421 259 615
VAT identification number FR 01 421 259 615

Publishing director : Benoît COQUART

 

1. Purpose and scope

These “Works with Legrand” (”WWL”) Terms and Conditions (these “Terms and Conditions”) include quality and functional rules, and other legal terms, that LEGRAND Group require all developers to accept and implement as a condition of creating an account, accessing and using our Services and any documentation, materials, code, data, and other materials made available to them by LEGRAND Group to develop solutions (i.e. app / web app that consume the APIs available through the Works with Legrand website) under the Developer Program. In the case the Developer wants to investigate a deeper partnership opportunity (co-branding, co-marketing activities, etc…) he/she is invited to contact LEGRAND Group (please see article 18). The use of Works with Legrand Services implies that the terms of those services also apply to the Developers and their end users. The Developer represents he/she can legally form a binding contract. He/she represents he/she is 18 years of age or over, has the authority and capacity to accept these Terms and Conditions, and agrees to be bound by these Terms and Conditions. If he/she opens a LEGRAND account on behalf of a company, organization, or other entity, then (i) “he/she” includes him/her and that entity, and (ii) he/she represents and warrants that he/she is an authorized representative of the entity with the authority to bind the entity to these Terms and Conditions. The Developer agrees that LEGRAND Group subsidiaries and affiliates may provide the Works with Legrand Materials to him/her on behalf of LEGRAND Group and these Terms and Conditions will govern his/her relationship with these companies. A company is an “affiliate” of another company if it directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with the other company.

 

2. Definitions

The term “API” refers to “Application Programming Interface” that are available through the WWL website. The term “Application” refers to any app or web app the Developer wants to develop and needs to be registered on the Works with Legrand website in order to allow it to consume the APIs. The terms “Legrand Group” and “Legrand” refer to the Company Legrand SA and its consolidated subsidiaries and its minority shareholdings. The term "Personal Data" refers to any data relating to an individual and/or enabling direct or indirect identification of an individual. This includes, but is not limited to, names, telephone numbers, postal, e-mail addresses, etc. The term “Products” refers to a package of APIs to be subscribed to by the Developer to be used and accessed to. The term “Services” refers to the subscription of the Products and the registration of the Application. The term “Terms and Conditions” refers to the present terms and conditions.

 

3. Registration

3.1.1. Creation of account

Developers need to create an account on the Works with Legrand web site in order to use the Works with Legrand Services and other LEGRAND Group Developer Materials. This account will enable them to integrate into their applications and web applications the Works with Legrand Services (as APIs). Developer can create a new account through the Works with Legrand website or can use an existing Legrand account that he/she has previously created through any Legrand app associated to a Legrand’s devices connected to “Legrand Cloud” (i.e. Green Up, Céliane with Netamo, Smarther…). Prior to formal approval of the request to create a LEGRAND account, the Developer shall verify its contact information (first name, last name, e-mail address, country) via email. LEGRAND Group may withhold approval of an account for any reason. The Developer represents that the given information is true and accurate and agrees to maintain it up-to-date. It is the Developer’s responsibility to keep its password, account credentials, and accounts sufficiently secure and confidential. The Developer shall notify LEGRAND Group immediately in case of any unauthorized use, or suspected unauthorized use, of his/her Legrand account or if any other breach of security occurs. LEGRAND Group shall not be liable for any loss or damage arising from the Developer’s failure to comply with these requirements. If the LEGRAND Group has legitimate reasons to believe that the security of the WWL Website is threatened or that the Developer’s account is subject to unauthorized use of his/her means of identification, it may temporarily suspend the Developer’s account, in order to preserve the integrity of the WWL Website and data in particular, and, if deemed appropriate, demand the modification of the Developer’s means of identification.

The Developer represents that he/she is not creating an account in order to abuse the functionalities provided by the Works with Legrand Services, nor to impersonate another user.

3.1.2. Forum inscription

Forums are Internet discussion groups in which Developer can discuss a range of subjects with other Internet users. By creating a Developer account, Developer agrees that the information given will be used to automatically create his/her forum’s profile.

Developer can manage his/her settings in the “Forum settings” section of the Developer’s account.

When using the forum, Developer commits himself/herself to adopt courteous and respectful behaviors towards the other forum members and not to harass, aggress or provoke one or several other forum members.

WORKS WITH LEGRAND administrators retain the right to decide whether the contents of the forum are appropriate and retain the right to remove any content at their sole discretion.

Information or messages posted publicly or forwarded in private are the exclusive responsibility of the author of the content. LEGRAND Group shall not take, under any circumstances, responsibility for unappropriated contribution sent through the forum.

3.2. Registration cancellation

The Developer may stop using the Works with Legrand APIs or may delete its LEGRAND account at any time with or without notice. Should Developer forget his/her password or encounter difficulties in accessing his/her account, Developer may request the deletion of his/her account.

 

4. Access to Services

Works with Legrand allows Developer to subscribe to the following services:

4.1 Products subscription

Developer can ask to have access to Products available on the Works with Legrand web site. LEGRAND Group is free to decide whether to give access or not and to revoke the grants at any time. Once the Developer has been granted access to the Products, he/she will receive a primary key and a secondary key that will allow him/her to call the API embedded in the related Products.

4.2 Application Registration

Developer can ask for the registration of his/her Application (web app or app). through the WWL website. LEGRAND Group is free to decide whether to register the application or not and to revoke the registration at any time. When the Developer introduces a request for a new application, he/she has to fill in the following information:

  1. Name
  2. Description
  3. Choose between Mobile app and Web App
  4. URL
  5. Reply URL
  6. Logo
  7. Data access consent

When LEGRAND Group accepts the application, an email is sent to the Developer with the following information:

  1. End point URL
  2. Application ID
  3. Secret Key (only in case of Web APP)
  4. Policy

 

5. Restrictions

Except as expressly and unambiguously authorized under those Works with Legrand Terms and Conditions, the license granted is subject to the following restrictions: Developer may not use the Works with Legrand Services in a product or service that competes with products or services offered by the LEGRAND Group without express authorization. Exceptions may be granted. For that purpose, please contact LEGRAND Group (see article 18). Developer may not use the “Works with Legrand” Services in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or data protection rights, or in any manner inconsistent with these  Terms and Conditions. Developer shall not use the « Works with Legrand » Services in a critical activity such as but not limited to, military, nuclear or medical activities, which make a service without interruption necessary. Developer shall not misappropriate, reproduce, modify, distribute, decompile, disassemble or reverse engineer any part of the “Works with Legrand” APIs, the LEGRAND products, or any data provided by LEGRAND. Primary or secondary keys issued to the Developer during the products subscription are mandatory to request the “Works with Legrand” APIs. Developer must keep these keys confidential and may not share it with any third-party. The Developer must keep Secret key issued to him/her during the registration of the Application confidential and may not share it with any third-party. Developer may not sell, lease, share, transfer, or sublicense the “Works with Legrand” keys or “Works with Legrand” APIs accesses thereto without Legrand's prior, express, written permission. Products Rate Limits: LEGRAND Group reserves the right to limit the “Works with Legrand” API calls frequencies. Developer must respect the Rate limits set out by LEGRAND Group, which may change from time to time at LEGRAND Group’s discretion in order to increase security against malicious uses. Each Product can have its own “Rate Limits”. The Rate limits are written in the description of each Product available on the Works with Legrand website. It is forbidden to multiply the number of apps to artificially increase rate limits. Instead, Developer should optimize the App/Web App so it does less calls. Apps/Web Apps that would not comply with these “Rate Limits” provisions would be deactivated. If the Developer wishes to increase the Rates Limits compared to the one offered in the Starter Kit, or for any technical question regarding these Rate Limits, the Developer should contact LEGRAND Group (please refer to article 18). API monitoring: LEGRAND Group may monitor the use of the Developer Materials to ensure quality, improve Products and Services, or verify Developer’s compliance with these Terms and Conditions. Developer shall not interfere with such monitoring. Applications Management: LEGRAND Group reserves the right, without notice and at its sole discretion, to change any Application's name, description, icons (e.g. if considered inappropriate, infringing any copyright ...). LEGRAND Group reserves the right, without notice and at its sole discretion, to revoke the permission to any Application to use the Works with Legrand Services. Export Restrictions: Developer shall comply with all applicable national and international laws and regulations regarding supply, sale, transfer, export, re-transfer, re-export of Products and Services, if any, and which include in particular the economic sanctions, the export control and economic embargoes (hereafter designated as “Export Restrictions”). Developer acknowledges that the service, documentation and other LEGRAND Group materials are subject to the export control laws of various countries, including, without limitation, the laws of the United States and European Union. Developer agrees that it will not submit the Products, Services, documentation or other LEGRAND Group materials to any government agency for licensing consideration or other regulatory approval without the prior written consent of LEGRAND Group, and will not export the Products, Services, documentation and LEGRAND Group materials to countries, persons or entities prohibited by such laws. Developer shall also be responsible for complying with all applicable governmental regulations of the country where Developer operates, and any foreign countries with respect to the use of the Products, Services, documentation or other LEGRAND Group materials by Developer and its users. Developer acknowledges that he/she is solely responsible for obtaining and maintaining the necessary export licenses and agrees not to directly or indirectly export or transmit any of the LEGRAND Group materials to any country to which such transmission is restricted by law, without the prior written consent, if required, of the Office of Export Administration of the U.S. Department of Commerce, Washington, D.C. 20230. Developer warrants that neither him/her, any affiliate, or any user are on any government-issued list of restricted persons or entities including the Commerce Department Entity List, Denied Persons List or Unverified List, the Treasury Department Specially Designated Nationals and Blocked Persons List, and the State Department Debarred Parties List. Upon request, the Developer shall provide, LEGRAND Group promptly and at no additional cost, with any documentation required. Developer shall indemnify, defend and hold LEGRAND Group harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses, including attorneys’ fees and any transaction expenses, due to an infringement of this article by the Developer. The Developer shall be liable for any action or omission committed in performance of his/her duties under this article, from its own actions or those of his directors, employees, affiliates, agents, suppliers, subcontractors or any person under his management and authority whatever they are.

 

6. Fees

The Works with Legrand API Services are currently offered free of charge. LEGRAND Group reserves the right to charge fees or royalties for use of the API Service in the future.

 

7. Intellectual Property

7.1

The LEGRAND Group owns, reserves and retains all property rights, particularly intellectual property rights, including copyright for this website and the information contained therein. The brands cited on this website (non-exhaustive list: Legrand, Céliane, BTicino, etc.) are registered trademarks. Except when expressly stated and/or authorized by the LEGRAND Group owner, all the patents, logos, texts, page layouts, visuals, photographs, graphics, icons and any other distinctive items contained in the pages of this website are the exclusive property of LEGRAND Group. Any representation or reproduction of LEGRAND Group’s property as defined here above, in part or in whole, for collective use, on any medium or using any process, is strictly prohibited without written permission from LEGRAND Group or the assignees or successors thereof. Any breach of this copyright would thus constitute infringement sanctioned by articles L 335-2 and following of the intellectual property code. Especially, Developer may not use LEGRAND Group’s logos and brands or any variation thereof in a deceptive manner that would mislead the user into believing that his/her application would be an official production of the LEGRAND Group. The content provided through the Works with Legrand Products and/or Services remains the property of the LEGRAND Group. Developer expressly undertakes to refrain from using the WWL Website, Products and/or Services in any way that would infringe on the rights of LEGRAND Group.

7.2

This agreement in no way conveys any ownership rights in any LEGRAND Group’s data and/or content accessed through the Works with Legrand Website, Products and/or Services.

7.3

In the course of promoting, marketing, or demonstrating the Works with Legrand APIs, LEGRAND Group may produce, distribute and use depictions, screenshots, video, or other content from the Developer apps/websites, and may use its company or product name and logos. The Developer hereby grants LEGRAND Group all necessary rights for these purposes.

 

8. Privacy

8.1 Developer’s Personal Data

LEGRAND Group undertakes to strictly adhere to the French Data Protection Act (“Loi Informatique et Libertés du 6 janvier 1978 modifiée”) and to the General Data Protection Regulation (UE 2016/79)‘ provisions. Rules on Privacy are described in the Privacy Policy attached to the Developer/LEGRAND account. Developer’s Personal Data is strictly reserved for internal use within the LEGRAND Group and will not be the subject of any commercial use or transmission or transfer to any third-party for commercial or canvassing purposes. A LEGRAND Group’s subsidiary may share, provide or send data to other companies within the LEGRAND Group in Europe or worldwide, in particular, Developer's contact details may be shared with a Legrand Group's subsidiary established in the Developer's geographical location for the purposes of investigating a potential deeper partnership opportunity. (Developer shall be informed of such transfers in the Privacy Policy attached to his/her account and be given access, on demand, to the guarantees that have been put in place to organize the transfer of his/her personal data outside of the European Union). The LEGRAND Group companies will only process Personal Data for the purposes defined in the aforementioned Privacy Policy and in accordance with the Group’s strict policies and terms on Personal Data use and protection.

8.2 Personal Data accessed through APIs (Customer Data)

“Customer Data” means any and all technical information, personally identifiable information (hereafter “PII”), device usage information, or other information derived from access to or use of any of the Works with Legrand Products and Services, including but not limited to data acquired from or through the Works with Legrand API that relates to any end users of any LEGRAND Group Products and Services or pertains to use of any LEGRAND Group Products and Services by such end-users. Developer is considered as the sole data controller and is solely responsible for fulfilling all of his/her obligations under applicable data protection legislation. In particular and without limitation, Developer is responsible for obtaining all necessary consents from end-users in connection with any use of his/her apps, which consents will be compliant with all applicable data protection legislation and other privacy laws, rules, and regulations. Without limiting the foregoing, before collecting any Customer Data or other information from end users of his/her application, Developer must provide adequate information notice in line with personal data legislation’s requirements. Such information shall include but is not limited to: Developer’s identity, what Customer Data and other information he/she collects, how it will be used and/or shared, how long the data will be retained etc.. Developer shall comply with all privacy laws and regulations (including those applying to PII) in connection with his/her access and use of the Works with Legrand APIs and Services. Developer will provide and adhere to a privacy policy for his/her app that: (i) exhaustively complies with all applicable laws, rules, and regulations, (ii) is conspicuously displayed to all end-users of applications, and (iii) clearly and accurately describes to end-users of applications what data and user information the Developer collects (such as PII, login information, etc.),how he/she uses and shares such information (including for advertising) with LEGRAND Group and third-parties and all other information required to be disclosed to end-users by law.

If an end-user or LEGRAND Group requests the Developer to have any Customer Data removed, corrected or deleted, or performs an action on a Product or Service that reflects this intent, the Developer agrees to promptly honor the end-user’s or LEGRAND Group’s request and to remove, correct or delete such Customer data from his/her servers and other assets, including back-ups, to the extent reasonably possible, or to validly anonymize the Customer Data so it cannot be tied back to an identified end-user. The Developer will not permit use of any Customer Data or disclose any Customer Data to any third-party except to those third-party service providers acting as processors under data protection legislation. In this case,  Developer undertakes to put the necessary contract(s) in place, which contract(s) will be compliant with the applicable data protection legislation’s requirements,   to ensure processors of Customer Data are obligated to maintain and use such data only for Developer’s own benefit and under strict confidentiality terms. The Developer’s applications may use Customer Data only as required for use and access to said applications by the end-user to whom such Customer Data relates. The Developer shall not use or disclose any information derived directly or indirectly from the Customer Data for any purpose other than as displayed in the Developer’s privacy policy. Without limiting the generality of the foregoing, the Developer shall not use any part of the Customer Data to create a database separate from his/her application or transmit all or part of the Customer Data to any third-party for any use separate from his/her applications. Any use of Customer Data other than as expressly permitted by these Terms and Conditions is strictly prohibited. The Developer shall make sure he/she has a strong privacy policy and the he/she adheres to it.

 

9. Security

In order to protect Customer Data (as defined above), Developer shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk. Developer shall make all reasonable efforts to protect Customer Data collected by Developer’s Application, including without limitation any personally identifiable information (PII), from unauthorized access or use. In the event the Developer’s systems or infrastructure that are used for storage, processing or hosting Customer Data are breached or compromised, or if Customer Data is inadvertently exposed to non-authorized third-parties, the Developer shall notify LEGRAND Group promptly, and in any case in no less than 48 hours after becoming aware of the data breach or exposure. Failing this, the Developer will be held responsible for all the consequences, direct and indirect, of a failure to notify within the time limits imposed by the regulations in force.. Developer shall provide all available information, including root cause analysis, remediation steps and compensating controls to ensure such a breach does not occur in the future. Developer is responsible for providing customer notification, when applicable under the state breach notification statutes and any other applicable privacy laws and he/she will bear the costs incurred by him/her and LEGRAND Group resulting from his/her breach or exposure. He/She acknowledges that he/she is solely responsible for any personal injury or property damage arising from or relating to his/her use of Works with Legrand Products and Services or any authorized or unauthorized use of his/her Applications.

 

10. DISCLAIMERS

THE WORKS WITH LEGRAND PRODUCTS, SERVICES, DATA AND SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OF IMPLIED. LEGRAND GROUP DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF OPERATION, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, ACCURACY, RELIABILITY, TIMELINESS, AND FITNESS FOR PARTICULAR PURPOSE. THE DEVELOPER EXPRESSLY AGREES THAT USE OF WORKS WITH LEGRAND PRODUCTS AND SERVICES, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SERVICE, IS AT ITS SOLE RISK.

 

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL LEGRAND GROUP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE “WORKS WITH LEGRAND” PRODUCTS AND SERVICES AND THEIR CONTENT, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF LEGRAND GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

12. Indemnification

The Developer agrees to indemnify, defend and hold LEGRAND Group, and its subsidiaries, affiliates, officers, directors, agents, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim, loss, damage (actual and consequential), suit or judgment arising out of the Developer’s or his/her users' use of the “Works with Legrand” Products and Services, including, without limitation, litigation costs and attorneys' fees, of every kind and nature. In such a case, LEGRAND Group will provide the Developer with written notice of such claim, suit or action. LEGRAND Group reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by the Developer.

 

13. Termination

Without limiting any other right or remedy of LEGRAND Group hereunder, LEGRAND Group will have the right to immediately terminate these Terms and Conditions and/or suspend or terminate access to the Works with Legrand Products and Services and/or delete Developer’s LEGRAND account without liability or other obligation to the Developer and without notice. Upon any termination or expiration of these Terms and Conditions or discontinuation of access to the Works with Legrand APIs for whatever cause, Developer must immediately cease all use of any Works with Legrand Products and Services and branding and delete all copies thereof. Developer shall also immediately stop collecting any information from end-users and shall delete all information (including Customer Data) obtained via the Works with Legrand Products and Services. Upon LEGRAND Group’s request, Developer shall provide LEGRAND Group with written confirmation that all Customer Data has been deleted and communicate to end-users that his/her Application is no longer available.

 

14. Developer’s legal status

The Developer shall act in his proper name, for its own account, and at its own risks. Nothing in these Terms and Conditions shall be construed as creating an employer-employee relationship, a partnership, or a joint venture between LEGRAND Group and the Developer. The Developer has no right, nor authority to assume or create any obligation or responsibility, expressed or implied, on behalf of or in the name of LEGRAND Group, or to bind LEGRAND Group in any manner whatsoever.

 

15. Confidentiality and Communication

The Developer shall keep confidential information provided by LEGRAND through materials or communications that is labeled as confidential or that would normally be considered confidential under the circumstances, and shall not disclose it to any third-party without LEGRAND Group's prior written consent. Developer shall publicly refer to its use of Works with Legrand Services but he/she agrees not to make any other public statements that assert or imply any other relationship with LEGRAND Group, unless he/she has obtained LEGRAND Group’s prior written approval.

 

16. Modifications

LEGRAND Group reserves the right to modify without notice and at its sole discretion the present Terms and Conditions. The modifications shall apply immediately, upon publication on the Works with Legrand website. The Developer’s continued use of the Services constitutes acceptance of the modifications of the Terms and Conditions. LEGRAND Group may at any time, without notice and for any reason, change, suspend or discontinue the Products and Services without incurring any liability whatsoever.

 

17. Litigation/Jurisdiction

These Terms and Conditions are governed by French laws. Any dispute resulting from these Terms and Conditions will fall within the exclusive jurisdiction of the competent French courts. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. Failure of LEGRAND Group to act on or enforce any provision of these Terms and Conditions shall not be construed as a waiver of that provision or any other provision in these Terms and Conditions. No waiver shall be effective against LEGRAND Group unless made by an authorized officer of LEGRAND Group in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

 

18. Contacts

LEGRAND Group ensures support on any questions (technical, commercial) related to the Works with Legrand Website, Services or Products in the dedicated section on the Works with Legrand website.