The licence for the Breez app

1. About this agreement

In this agreement “Breez” or “the app” means the Breez app and every update to it, “we” and “us” mean Embedded Tech Consulting Pte. Ltd., and “you” means the person who installs or uses it. Breez is licensed to you, not sold.

This agreement applies to Breez on every platform: iPhone, iPad, Mac and Android. If you get Breez from the App Store, this is the custom licence agreement that replaces Apple’s standard one. If you get it from Google Play, this is the licence you accept instead.

It works together with our terms of use, which cover payments, using our services, and the rest of our relationship with you. Our privacy policy explains what we do with information. If this agreement and the terms say different things about the licence, this agreement wins. If you are a consumer, the protections for consumers in this agreement and in the terms apply to both. By installing or using Breez, you accept this agreement.

2. Between you and us, not Apple

You and we agree that this agreement is between you and us only, and not with Apple or Google. We, not Apple and not Google, are solely responsible for Breez and what it contains. Nothing in this agreement is meant to conflict with the Apple Media Services Terms and Conditions that apply when you get Breez from the App Store.

3. Your licence

We give you a personal, non-exclusive, non-transferable licence to install and use Breez, to control air conditioners you own or have permission to control.

• On Apple devices. You may use Breez on any Apple-branded product that you own or control, as the Usage Rules in the Apple Media Services Terms and Conditions allow. Other accounts linked to the purchaser through Family Sharing or volume purchasing may also use it.
• On Android. You may use Breez on any Android device that you own or control, as the Google Play terms allow.

You may not transfer, redistribute, rent, lend or sublicense Breez. If you sell or give away your device, remove Breez from it first. You may not make Breez available over a network where several devices could use it at the same time, except as the app’s own sharing features and your app store’s rules allow. We keep all rights in Breez that this agreement does not give you.

4. What you may not do

You must not, and must not let anyone else:

• reverse engineer, decompile or disassemble Breez, or try to work out its source code, in whole or in part;
• modify Breez, or make anything based on it (a derivative work), including changing it, repackaging it or building a copy or a clone;
• extract its code, its model data, its keys or its protocols, from the app, from your device, from our services or from the traffic between them;
• get around its checks, including the checks that make sure a device and the app are genuine, the limits on a plan, and the locks on model data, or use Breez on a device modified to hide from them;
• use artificial intelligence or any automated tool, such as a machine-learning model, a large language model, or automated code or traffic analysis, to analyse, decompile, deobfuscate, summarise or reproduce the app’s code, its model data, or the traffic between the app and our services, or to train or tune a model on any of them, or give any of them to such a tool or to a company that runs one;
• copy Breez, except as this agreement and your app store’s rules allow;
• use Breez in a way that breaks the law or other people’s rights, or to harass, abuse or threaten anyone.

Section 4 is about the app itself. It does not cover your own homes, settings and files; ordinary use of Breez; the normal features of your device, its accessibility tools, its backups or its app store (such as iCloud or Google Drive, sending a shared home by email or AirDrop, crash reports to Apple or Google, or a store’s security scan); or the protocols and traffic of your own air conditioners.

5. What the law allows regardless

The rules in section 4 apply as far as the law allows. They do not stop you from doing something to the extent that the law expressly allows it despite a ban in a contract, and only for the purpose and on the conditions the law sets. Examples are making a back-up copy; decompiling to get the information needed to make an independently created program work with other programs; observing, studying and testing how a program works; and certain analysis of data for research. These come from Divisions 7 and 8 of Part 5 of Singapore’s Copyright Act 2021 (see its section 187), Articles 5(2), 5(3) and 6 of the European Union Software Directive (2009/24/EC), Article 3 of the EU Copyright in the Digital Single Market Directive (2019/790), and sections 29A, 50A, 50B, 50BA and 296A of the United Kingdom Copyright, Designs and Patents Act 1988. If you rely on this, you must stay within what the law allows. This section gives you no other right.

6. Open-source parts

Breez includes open-source parts. Each is covered by its own licence, which applies to that part instead of the rules in section 4. Their licences are listed in our THIRD_PARTY_NOTICES file, which we will send on request.

7. Material breach and ending

Breaking section 4 is a material breach of this agreement. If you do, your licence ends automatically and at once, without notice. You must then stop using Breez and delete it from your devices. We may also block your device from our services and use any other remedy the law gives us.

This agreement lasts until you or we end it. You can end it at any time by deleting Breez. (Deleting it does not cancel a subscription: do that in the App Store or Google Play.) Your rights also end automatically if you fail to follow any other part of this agreement and do not put it right when we ask. Sections that by their nature should continue, do.

8. Maintenance and support

We are solely responsible for any maintenance and support for Breez, as set out in the terms or as the law requires. You can reach us for support by email (see section 17). You and we agree that Apple and Google have no obligation at all to provide maintenance or support for Breez.

9. Warranty

We are solely responsible for any warranty on Breez, whether stated or implied by law, to the extent we have not validly excluded it. Breez is provided “as is” and “as available”. As far as the law allows, we do not promise that it will be free of faults, always available, or work with every air conditioner or network, and we give no warranty other than those the law says we cannot exclude. If you are a consumer, your legal rights are not affected. If you are a consumer in the European Union or the United Kingdom, this paragraph does not apply to you. Breez must meet the standards your law sets for digital content and services (see section 9 of the terms).

If you got Breez from the App Store and it fails to meet an applicable warranty, you may tell Apple, and Apple will refund the price you paid for Breez, if any. To the maximum extent the law allows, Apple has no other warranty obligation for Breez. Any other claim, loss, liability, damage, cost or expense that comes from a failure to meet a warranty is our responsibility.

10. Our responsibility

Our responsibility to you, including the limits on it and the exceptions for consumers in the European Union and the United Kingdom, is set out in sections 8 and 9 of the terms, and applies to this agreement as well. Nothing in this agreement limits our responsibility to you beyond what the law allows. In particular, nothing limits it for death or personal injury caused by negligence, for fraud, or for loss we cause deliberately or through gross negligence.

11. Claims

You and we agree that we, not Apple or Google, are responsible for dealing with any claim by you or by anyone else about Breez or your having or using it. That includes:

• claims about product liability;
• claims that Breez does not meet a legal or regulatory requirement;
• claims under consumer protection, privacy or similar laws.

If a third party claims that Breez, or your having or using it, infringes their intellectual property rights, we, not Apple or Google, are solely responsible for investigating, defending, settling and discharging that claim.

12. Legal compliance

By using Breez you state and promise that you are not located in a country that is under a United States government embargo, or that the United States government calls a “terrorist supporting” country, and that you are not on any United States government list of prohibited or restricted parties. You may not export or re-export Breez except as United States law and the law of the place where you got it allow.

13. Other companies’ terms

When you use Breez you must follow the terms of any other company’s agreement that applies, such as the terms of your mobile data or internet service, your app store, and the air conditioner maker whose cloud you choose to connect. Whether to connect a maker’s cloud is your choice, and that maker’s terms apply between you and the maker.

14. Updates and services

This agreement also covers updates we provide that replace or add to Breez, unless an update comes with its own agreement. Breez can reach our services and other companies’ services (see the privacy policy). You use other companies’ services at their terms. We may change, suspend or stop a service as the terms explain. What we collect when Breez reaches our services, and why, is set out in the privacy policy. This agreement does not ask for your consent to anything beyond it.

15. Governing law

This agreement is governed by the laws of Singapore. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live, and you can bring a claim in the courts there. Otherwise, the courts of Singapore have exclusive jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16. Apple’s right to enforce

If you got Breez from the App Store, you and we agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this agreement. When you accept it, Apple has the right, and is taken to have accepted the right, to enforce this agreement against you as a third-party beneficiary.

17. Who to contact

Send any question, complaint or claim about Breez to the developer:

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