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These PENN Connected Food Safety Supplemental Terms and Conditions (these “Supplemental Terms”) are supplemental terms for and apply solely to the following Service: PENN Connected Food Safety and its successor products. These Supplemental Terms are part of and supplement the JCI Terms of Service (the “Terms of Service”) between JCI and you (as defined in the Terms of Service) available at  http://www.johnsoncontrols.com/buildings/legal/digital/generaltos.

1. Conflicts. To the extent there is any conflict between these Supplemental Terms and the Terms of Service, the terms of these Supplemental Terms will control. The terms and conditions of the Terms of Service that are not modified or amended by these Supplemental Terms will remain in full force and effect and remain applicable to the Service. Capitalized or otherwise defined terms not defined in these Supplemental Terms have the meaning given to them in the Terms of Service.

2. Supplemental Terms.

(a) Data Transmission. The food safety application portion of the Service does not provide for data transmission to the Services back-end cloud. You are responsible for such data transmission (e.g., through your own mobile device or LAN network). The Connected Refrigeration monitoring provided by JCI as part the Service uses reasonable commercially reasonable efforts to transmit temperature data to the cloud system for processing. Despite these efforts, the systems is not error free and factors outside of JCI’s control such as, but not limited to, mobile (cell) networks, power supply, RF interference, Zigbee wireless network technology can all impact success of and the timely transmission of data.

(b) Damages related to Data Corruption or Loss. IN ADDITION TO THE LIMITATION OF LIABILITY SET FORTH IN THE TERMS OF SERVICE, YOU AGREE THAT JCI SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES RELATED TO DATA CORRUPTION OR LOSS, INCLUDING ANY LOST PROFITS, REVENUES OR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES OF ANY KIND ARISING THEREFROM, INCLUDING FOOD SERVICE SITE SHUT DOWN RELATED TO SUCH LOST DATA.

(c) Stock Loss and Food Spoilage. You are solely responsible for the safety of your food and for taking reasonable and appropriate measures to ensure such safety. In addition to the Limitation of Liability set forth in the Terms of Service, you agree that food spoilage, foodborne illness, stock loss and damages arising therefrom are essentially caused by a failure in the environmental controls of the refrigeration equipment and cannot be attributed to any delay in notification of these failures, that JCI is not an insurer against occurrences or events (or the consequences therefrom) which the Services can detect, notify of, deter or avert (“Detection Events”) and that you shall obtain appropriate insurance coverage for such Detection Events. You further agree and acknowledges that amounts payable to JCI hereunder are based upon the value of Services and the scope of liability set forth in this Agreement, are not insurance premiums, and are unrelated to the value of your property and the property of others located on the premises. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, IN NO EVENT WILL THE JCI PARTIES BE LIABLE FOR DAMAGES OR LOSSES RELATED TO FOODBORNE ILLNESS OR SPOILED OR LOST STOCK, INCLUDING ANY LOST PROFITS, REVENUES, OR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OF ANY KIND OR NATURE ARISING THEREFROM.

(d) Fair Use Policy. The PENN Connected Solutions for Refrigeration and Food Safety Platforms are subject to this Fair Use Policy. This Policy establishes limits on the amount of data used for the PENN Connected Solutions to prevent excessive, unnecessary and unusual use of data. “Excessive Data Usage Limit” means data consumption that is substantially more than necessary to operate the PENN Connected Solutions defined as more than 30 Automated Voice or SMS notifications per Refrigeration cabinet or exceeding 1 Gigabyte of data usage per Store/Premise in any calendar month.

If a refrigeration cabinet in any store or premise exceeds the Excessive Data Usage Limit as determined by Johnson Controls, Inc., Johnson Controls, Inc. may take one or more of the following actions:

Automated Voice or SMS notifications:

• Suspend usage of Automated Voice or SMS notifications for the offending refrigeration cabinet for the remainder of the calendar month.
• Permanently replace Automated Voice or SMS notifications for the offending Refrigeration cabinet with Email notifications.
• Charge an additional over-usage tariff at a rate of €0.21 (or USD equivalent) per each additional SMS or Automated Phone call above the Excessive Data Usage Limit.
• Remove the offending refrigeration cabinet from the PENN Connected Solutions platform.

Data Usage:

• Suspend data transmission from the offending refrigeration cabinet for the store or premise for the remainder of the calendar month.
• Charge an additional over-usage tariff at a rate of €1.00 (or USD equivalent) per each Megabyte above the Excessive Data Usage Limit.
• Terminate the transmission of data from the offending applicable store or premise.