By means of these Terms of Use of mts Smart Home app (hereinafter: Terms of Use), Joint Stock Telecommunications Company Telekom Srbija Belgrade / registered name: Preduzeće za telekomunikacije Telekom Srbija akcionarsko društvo, Beograd (hereinafter: Telekom Srbija) defines the terms of access to and use of the mts SmartHome app (hereinafter: App). While downloading the App, the User confirms that he/she is familiar with these Terms of Use and that he/she accepts the application thereof when using the App.

The access to the App is enabled for all users, natural persons (hereinafter: Users), who have entered into the Agreement on the Use of Smart Home Service with Telekom Srbija.

The App enables:
• adding and removing the devices on which the user uses the Smart Home service (smart socket, smart light bulb, temperature and humidity sensor, door and window sensor, etc.);
• defining the names for sensors;
• grouping of devices by location and by premise;
• checking the sensor value;
• switching on/off all smart devices (supporting that functionality);
• adjusting the colour and light intensity of the smart bulb;
• reading the power consumption of the devices connected to the SmartHome system, within the Smart Home service; • customizing notifications;
• creating scenarios of mixed control of several devices depending on the set criterion.

I REGISTRATION

Following the registration for the App, the SmartHome service is activated (hereinafter: Service). The User should enter the following data during the initial registration:
• his/her e-mail address specified in the Service Agreement;
• the sign-in password delivered by Telekom Srbija on entering into the Service Agreement
• a new sign-in password the User is obliged to create on its own.

Upon entering the above data, the App is active for the User.

If the User, during his/her initial registration, fails to change the sign-in password initially delivered by Telekom Telekom Srbija, i.e. if he/she fails to create a new sign-in password in accordance with paragraph 1, indent 3 of this section, Telekom Srbija shall not be held responsible for any damage arising from unauthorised use of the initially submitted credentials for accessing the App.

The User undertakes to keep the App sign-in credentials strictly confidential and it is responsible for their use and safeguarding. The User undertakes to take all reasonable precautions to keep data confidential. In case of losing the App sign-in credentials, or their disclosure to unauthorised third parties, the User shall promptly notify Telekom Srbija thereof. Otherwise, Telekom Srbija shall not be held responsible for any damage arising from unauthorised use of the App sign-in credentials.

II TERMS OF USE

1. The App can be used by the User only on mobile devices and tablets equipped with Android and iOS operating systems.

2. Telekom Srbija retains all App-related rights, not restricted solely to the right to use the App's name, any copyrights or similar rights, or the intellectual property rights.

3. The User is warranted only the right to use the App, for the purpose of using the Service, which includes the use of limited, non-exclusive, non-transferrable, free licence for downloading and installing the App, as well as the access to the App, only for personal, non-commercial purposes in compliance with the Terms of Use.

4. The User is not entitled to assign, pledge, sell, sub-licence or otherwise transfer the right to use the App as defined in Item 3 of this Section 3 of the Terms of Use, and warranted by the Term of Use, to any third party.

5. Any other rights, save for the right to use the App, that are explicitly granted to the User according to Item 3 of this Section of the Terms of Use, are vested with Telekom Srbija.

6. The User is not entitled to take any activity that is not provided for in these Terms of Use, including, but not limited to:

a. copying, replicating, altering the App, or otherwise created derivative function of the App or reverse engineering, unbundling, decompiling and the like;
b. modification and/or removal of any identification, copyright, trademark or proprietary insignia of Telekom Srbija and/or the App; c. export and /or re-export of the App, directly or indirectly, contrary to any applicable regulations.

7. The User is exclusively responsible for using the App, or for any use of the App through its own account.

8. While using the App, it is explicitly prohibited to perform any of the following:
a. any activity compromising or infringing the third-party's personal rights, the intellectual property rights, the rights pertaining to personal data protection;
b. transfer of a malicious or unauthorised software;
c. imitation or misrepresentation of the User in any way whatsoever;
d. any activity that may interfere with or terminate the App's function;
e. any similar activity as the aforementioned that is prohibited in accordance with the applicable regulations.

9. For the User to be able to use the Service, he/she should register when launching and using the App, as described in the section Registration.

10. Telekom Srbija will provide the User with all the latest versions, updates and upgrades of the App. In keeping with its business policy, Telekom Srbija retains the right to change and/or permanently or temporarily suspend the App use (or any part thereof), subject to sending a prior notice to the User.

11. If the User wants to permanently remove the App, it is necessary to delete/uninstall the App from a mobile device.

III DATA PROTECTION

1. The User is also solely responsible for entering accurate data when using the App.

2. The user agreement regulates the treatment of personal data, including the data entered in the application.

IV FINAL PROVISIONS

1. The User explicitly agrees, to the extent permitted by applicable regulations, that Telekom Srbija is not liable for any loss or damage incurred in connection with the download, installation and use of the App by the User, including, without limitations, loss or responsibility incurred or arising from or in connection with:

• any conflict of software, relating to the App software;

• any infringement of third party rights by the User;

• any defects or viruses in the software or the content, and any distribution of defects and viruses through the software as a result of the User’s access;

• any use or misuse of the User's personal device or software applications on the User's device; or

• any malfunctioning of the App which is beyond Telekom Srbija's control.

2. The User undertakes not to use the App in the manner which contravenes the Terms of Use or in the manner that might prejudice its true purpose and proper functioning. The User agrees that Telekom Srbija reserves the right to ban it from using the App at all times and with no prior notice if it learns that the App is used in the manner which is non-compliant with the Terms of Use or the manner which might prejudice its true purpose and proper functioning and the functioning of the Telekom Srbija network. Telekom Srbija is not liable for any damage that may arise as a result of the right to use the App being abolished in accordance with this paragraph.

3. For all additional information, queries and dilemmas related to the use of the App, the user may call the Telekom Srbija contact centre at 0800/100 100 or send an email to mtsinfo@telekom.rs.

4. Should any provision of these Terms of Use be pronounced invalid or inapplicable by the competent body, the same shall be replaced with a valid and applicable provision which, in terms of purpose and meaning, best corresponds to the original provision, whereas the remainder of provisions of the Terms of Use shall continue in full force and effect. If any inapplicable provision cannot be replaced with another provision, the same shall not prejudice the validity and applicability of the remaining provisions of the Terms of Use.

5. Telekom Srbija is entitled to amend the Terms of Use in compliance with the applicable regulations and its business policy, of which it is obligated to notify the User accordingly.

6. The Terms of Use are executed and shall be construed in accordance with the laws of the Republic of Serbia.

7. All matters not explicitly regulated by the Terms of Use shall be subject to the provisions of the applicable regulations governing the subject contemplated therein.

8. Should any dispute arise from or in connection with the Terms of Use, the same shall be settled before a court of subject matter jurisdiction in Belgrade, Republic of Serbia.

9. The Terms of Use shall enter into force on the date of their publication on the Telekom Srbija website.