Hilo app terms of use

Terms of Use in effect as of October 25, 2019

Hilo Services Inc. (hereafter “Hilo”) welcomes you to its mobile app, the gateway to its secured-access automated home service. Among other features, the app lets you manage and easily program a variety of connected devices, track your real-time electricity consumption, take part in Hilo challenges to reduce your electricity use during peak periods and earn rewards, and benefit from tips and coaching designed to provide peace of mind.

To use Hilo’s services, download the mobile app or subscribe to the newsletter, you provided or consented to the use of your personal information, such as your first and last names, address, phone number, email address and actual electricity consumption. Hilo is committed to respecting your privacy. To learn more about the information collected and the steps it takes to protect your personal information, Hilo invites you to read the Confidentiality Policy governing its mobile app and the Confidentiality Policy applicable to the voice assistant.

Agreement on Terms of Use for Hilo’s Mobile App

To use Hilo’s mobile app, you must agree to certain measures and conditions of use. Hilo therefore invites you to read the following Terms of Use attentively before continuing to use its mobile app.

By using Hilo’s mobile app, you expressly agree to be bound by these Terms of Use as a user (the “Terms of Use”). These Terms of Use therefore constitute an agreement between you and Hilo in regard to use of the mobile app. Hilo reserves the right to modify these Terms of Use at any time. You must consequently review them and agree to them again prior to each use, whenever a new version has been released. If you disagree with the Terms of Use, you must not use Hilo’s mobile app.

Subject to your compliance with these Terms of Use, a non-transferable, non-assignable, non-exclusive, revocable and free licence is granted to you for the purpose of downloading, accessing and using the mobile app for your personal and non-commercial use. No other use is permitted.

Neither the user nor any other person may use Hilo’s mobile app or its content for prohibited purposes in any manner whatsoever, whether directly or indirectly, including:

• any commercial purposes without Hilo’s prior written consent;
• any use that causes IT disruptions or involves decoding the mobile app;
• any use that compromises the security of the mobile app;
• any illegal purpose.

Hilo cannot be held responsible for any offences committed by users of its mobile app. The following prohibitions are part of the Terms of Use. It is strictly prohibited for users to:

• harass Hilo employees, agents and suppliers or other users;
• impersonate someone (username and password) in order to use the mobile app;
• send messages or documents that are abusive, defamatory, threatening or obscene;
• infringe on someone’s privacy or tarnish their reputation.

Hilo reserves the right to limit or refuse access to the mobile app at any time, without prior notice.

Governing laws

The Terms of Use are governed by applicable Québec laws. All disputes and conflicts relating hereto shall be subject to the exclusive jurisdiction of the courts in that province, in the judicial district of Montréal.

Limitation of liability

Hilo reserves the right not to provide a service or product to persons who do not meet its eligibility requirements. In this event, Hilo shall not be held liable for any damages whatsoever.

Hilo takes reasonable steps to maintain its mobile app. However, errors, omissions and inaccuracies may occur. Hilo assumes no responsibility in this regard.

Without limiting the generality of the foregoing, it is understood that Hilo does not make any guarantee regarding the following:

• that content is accurate, current or complete;
• that content is compatible with users’ computer systems;
• that use is safe and free of interruptions, delays, omissions, losses of information, defects and any elements that may contaminate or damage users’ computer systems;
• the measure to which the mobile app, a service or a product meets user needs and expectations, or
• any damage caused by the behavior of a third party during use of the mobile app, a service or a product.

To use Hilo’s mobile app, you may be asked to equip your IT devices and systems with security devices or software, at your expense.

Hilo reserves the right, at any time, to modify, interrupt or cancel its services, temporarily or permanently, without prior notice. In this event, you acknowledge that Hilo cannot be held responsible for any damage or inconvenience resulting from the use, interruption, non-accessibility or failure of its mobile app.

Intellectual property

All rights, titles and interests in the service, the mobile app and the Web site (including their programming code) and in Hilo’s brands and logo belong to Hilo and are protected by copyright, trademark and intellectual property law. These elements may not be reproduced, translated, published, transmitted or distributed, in whole or in part, without Hilo’s written consent.

Log off correctly

Do not leave your computer, tablet or phone unattended after logging onto the mobile app. After using a service, be sure to log off.

These Terms of Use for Hilo’s mobile app constitute the entire agreement between Hilo and the User. Additional Terms of Use related to other services may be forthcoming.