Terms and Conditions of Use

1 GENERAL

These terms and conditions of use (hereinafter, the "Terms of Use") regulate the use of the DuoxMe mobile application (hereinafter, the "Application") that "FERMAX ELECTRÓNICA, S.A.U."(hereinafter, "FERMAX") makes available to the users to make use of the digital service necessary to allow: (i) the digital opening of the community access doors to the buildings; (ii) the forwarding of calls made to the video door entry system; and (iii) other additional functionalities depending on the home terminal owned by the user (hereinafter, the "Digital Service").

Please read these Terms of Use carefully before using the Application and each time you intend to use it, as they are subject to change. By downloading, accessing and using the Application and the elements that comprise it, you are deemed to have read, understood and accepted, without reservations of any kind, each and every one of the terms and conditions set out in these Terms of Use and in the Privacy Policy that are made available to you through the Application itself, and you are deemed to be a user of the Application (hereinafter, the "User(s)"), such acceptance being essential for making use of the service offered through the same.

The Application is available internationally. Consequently, Users who decide to access and/or use the Application do so at their own responsibility and risk and must ensure that such access and/or use complies with the applicable local legislation and these Conditions of Use, and FERMAX assumes no liability whatsoever that may arise from such access by the User.

In these Terms of Use, the following terms shall have the following meanings:

Device. A physical (hardware) component of a video door entry installation, which can be a call panel, a monitor or a telephone.
Connected Panel. Call panel with 4G connectivity for communication with the FERMAX cloud.
Wi-Fi home terminal. Monitor with Wi-Fi technology.
Non-Wi-Fi home terminal. Monitor or telephone without Wi-Fi technology.
Building. A building housing one or more dwellings.
Connected Installation. Building with one or more FERMAX Connected Panels.
Plan or Service Plan. Modality in which the Digital Service is used and which may include different functionalities and/or limitations depending on whether the Plan is free or paid.
Subscription. Paid plan that allows the use of certain advanced functionalities of the Digital Service.

2 INFORMATION ABOUT FERMAX

These Conditions of Use have been drawn up with respect for and in compliance with the provisions contained in Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (hereinafter, "LSSI") and in Organic Law 3/2018, of 5 December, on Data Protection and Guarantee of Digital Rights (hereinafter, "LOPDGDD") and regulate the use of the Application that the company "FERMAX ELECTRÓNICA, S.A.U." with registered office in Valencia, 46017, Avenida Tres Cruces, number 133, (Spain) and tax identification number A-46.036.554, and registered in the Mercantile Register of Valencia, Volume 4055, Book 1367, Folio 127, Page V-18495, makes available to the Users.

Users of the Application may contact FERMAX by the following means:

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FERMAX ELECTRÓNICA, S.A.U.

Avenida Tres Cruces, n.º 133

46017- Valencia (Spain)

E-mail: support.duoxme@fermax.com‍

3 LICENCE

FERMAX holds the necessary rights to be able to act as licensor of the Application. Consequently, it grants the User a non-exclusive, non-transferable and non-sublicensable licence for the particular use of the Application. If updates, new versions or complements of the Application are obtained, the use of such new versions or updates shall be governed by the provisions of these Conditions of Use unless other conditions applicable to such new versions or updates are formalised, in which case the latter shall apply.

The licence granted does not entitle the User to carry out any of the activities detailed below, and the User accepts that the carrying out of any activity which involves an infringement of the rights granted by virtue of these Conditions of Use and, in particular, the breach of any of the following limitations, shall constitute an infringement of the industrial and/or intellectual property rights of FERMAX or of any of the companies forming part of its business group:

Sell, license, sublicense or assign the Application to any person or entity, or reproduce or modify, in whole or in part, the content of the Application.
Copy, translate, modify or create derivative works of the Application or any part thereof, or permit or authorise any third party to engage in such activities.
Infringe the intellectual, industrial or any other type of property rights that FERMAX, or any of the companies making up its business group, may hold over the Application and any other elements of their respective ownership.
Develop computer programs, applications, or any other computer products that fulfil a similar function to that of the Application.
Register trademarks, trade names, or any other distinctive signs associated or that could be associated with the Application.

Likewise, the User acknowledges and accepts that the licence to use the Application is formalised exclusively between the User and FERMAX. The downloading of the Application from a third party platform (such as the App Store or Google Play) shall be governed by the terms and conditions of said platform, without this implying any licence relationship between the User and the owners of these platforms with regard to the use of the Application.

The license granted under these Terms of Use does not confer title or ownership of the Application and shall not be construed as a sale or assignment of any rights in the Application. Accordingly, as specified in Clause 4 below, all right, title and interest in and to the Application are vested in FERMAX or third parties associated with FERMAX.

4 INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

In accordance with the laws protecting intellectual property rights -literary and artistic-, industrial property rights and other similar rights, the reproduction or redistribution of the elements and contents that give shape to the FERMAX Application, in whole or in part, is strictly prohibited.

The Application and each of the contents and/or elements of which it is composed, which are understood to include, but are not limited to, the texts, "look & feel", photographs feel", photographs, graphics, images, icons, illustrations, software, links and other audiovisual or sound contents, as well as its graphic design and source codes (hereinafter, the "Contents") are the exclusive property of FERMAX or of third parties (for whose use FERMAX is authorised) without any of the exploitation rights recognised by the regulations in force on intellectual property matters being understood to have been assigned to the User, except those that are strictly necessary for the use of the Application. In accordance with the provisions of Clause 3 above, FERMAX does not grant any licences or rights other than the right to use, consult or view the Contents of the Application for the exclusive purpose of making use of the Digital Service and for strictly personal, private and non-profit-making use. Any reproduction and/or representation, in whole or in part, of the Application or any of the elements of which it is composed, on any type of support for other purposes, in particular commercial purposes, other than those set out above, is expressly prohibited.

With the exception of the aforementioned circumstances, any reproduction and/or representation of the Application must have the prior written authorisation of FERMAX or of the third party holder of the rights in question.

Likewise, the trademarks, trade names or distinctive signs included in the Application are owned by FERMAX or, where applicable, by third parties, and access to the Application may not be construed as attributing any right over the aforementioned trademarks, trade names and/or distinctive signs included therein.

The unauthorised reproduction, distribution, exploitation, transformation, making available and/or public communication, whether for payment or free of charge, of the Contents of the Application constitutes an infringement of the intellectual and/or industrial property rights of FERMAX or, where applicable, of the third party owners of the same, and may give rise to the exercise by them of any judicial or extrajudicial actions that may correspond to them in the exercise of their rights. Any unauthorised use constitutes an unlawful act or infringement punishable by law.

The Users undertake to respect the intellectual and industrial property rights owned by FERMAX or, where applicable, by the third party owners of the same, in accordance with the regulations in force on intellectual and industrial property and the terms and conditions set out in these Conditions of Use. In this respect, Users undertake not to carry out any actions that may directly or indirectly infringe the intellectual and/or industrial property rights of both FERMAX and, where appropriate, of the third party owners of the Contents that may appear in the Application.

The Users shall be solely liable to FERMAX and/or third parties for any possible losses, damages and/or harm that may arise as a result of non-compliance with the provisions of the above paragraphs and, in this respect, they undertake to hold FERMAX and, where appropriate, third parties harmless from any actions and/or claims of any kind that may be brought against FERMAX and/or third parties as a result of the aforementioned non-compliance by the Users.

5 CONDITIONS OF USE OF THE APPLICATION

5.1 General

The User acknowledges and accepts that downloading, accessing and using the Application takes place freely and knowingly, at the User's own risk.

The User undertakes to make correct and lawful use of the Application in accordance with the Law, these Conditions of Use, good faith and public order. The User shall be liable to FERMAX and/or third parties for any damages that may be caused as a consequence of non-compliance with this obligation. Consequently, FERMAX shall under no circumstances be liable for said downloading, access and/or use or for any damages which, where applicable, may arise as a result of such actions.

It is expressly forbidden to use the Application for purposes harmful to the property or interests of FERMAX or third parties or that in any other way overload, damage or render useless the networks, servers and other computer equipment (hardware) or products and computer applications (software) of FERMAX or third parties or to carry out illicit or criminal activities that infringe the rights of third parties and/or that infringe the regulations on intellectual or industrial property or any other rules of the legal system that may be applicable.

In particular, but not limited to, the following actions are also prohibited:

The use of computer viruses or any other code, file or program that is designed or intended to interrupt, damage, or limit the operation of any software, hardware or telecommunications equipment, or damage or gain unauthorised access to data or other information of FERMAX or any third party.
Impersonate, interfere with or disrupt the service, servers or networks connected to the services or fail to comply with the requirements, procedures, policies or regulations of networks connected to the services.
Use automated scripts or screen scraping to collect information or interact with FERMAX.
Retrieve data systematically or from other FERMAX content to create, directly or indirectly, in single or multiple downloads, a collection of data, either manually or by means of bots, crawlers or similar. Access, manipulate or use non-public areas of the Application, FERMAX computer systems or the systems of its suppliers.
Any attempt to test the vulnerability of any FERMAX system or network or to breach any security or authentication measures.
Falsify or alter any FERMAX information.
Attempt to decrypt, decompile, disassemble FERMAX or third party software.
Reproduce, in whole or in part, the Application in other applications.
Collaborating with a third party in carrying out any of the conduct described above.

5.2 Contents

The User undertakes to use the Contents in accordance with the Law, the provisions of these Conditions of Use, in particular Clauses 3 and 4, good faith and public order, as well as any other conditions, regulations and instructions that may be applicable.

5.3 Access to the Application

In general, access to and use of the Application requires prior registration by the User.

Access to and use of the Application carried out via e-mail and the password chosen by the User shall be deemed to be carried out by the User, who shall be liable in all cases for such access and use. The User will be responsible at all times for the custody of his/her password, assuming, consequently, any damages that may arise from its improper use, as well as the transfer, disclosure or loss of the same.

Likewise, it is recommended that the User does not share their access credentials with third parties to allow the use of the Digital Service associated with their home. Instead, it is suggested to invite other users through the Application, so that they can register and obtain their own access credentials.

In the event of forgetting the password, the User must immediately proceed to block and replace it through the section specifically enabled for this purpose in the Application. In any case, any operations carried out before said replacement is made effective by the User shall be deemed to have been carried out by the holder of the password, who shall be responsible and liable for any damages and losses arising from any unauthorised access and/or use carried out prior to said replacement.

5.4 Use of the Application

5.4.1 Users with Wi-Fi Home Terminals

Users with Wi-Fi Home Terminals will be able to use the Digital Service free of charge and without time limit, by downloading and registering in the Application.

The particular functionalities enabled in the Digital Service for Users with Wi-Fi Home Terminals will be detailed in the Application, as well as on the website or any other commercial or promotional material that FERMAX decides to make available to Users.

Without prejudice to the foregoing, FERMAX reserves the right to develop new functionalities in the future that may be subject to the payment of a Subscription for use by Users with Wi-Fi Home Terminals.

5.4.2 Non-Wi-Fi Home Terminal Users in Connected Facilities

Only Users with non-Wi-Fi Home Terminals in Connected Premises will be able to choose between the Service Plans detailed below to make use of the Digital Service.

In this regard, it should be noted that the FERMAX Connected Installations are currently only enabled in certain countries. Therefore, as of the date of these Conditions of Use, Users will only be able to make use of the Digital Service with non-Wi-Fi Home Terminals that are in Connected Installations located in Spain, without prejudice to the future expansion of FERMAX's connectivity strategy allowing the Digital Service to be provided progressively in other territories.

a) Service Plans

As of the date of these Terms of Use, Users who have non-Wi-Fi Home Terminals installed in Connected Premises may choose between:

The free Service Plan: which allows a single User per household to access certain limited functionalities of the Digital Service free of charge and without the need for a Subscription.
The paid Service Plan: which allows the Users of a dwelling to access all the functionalities of the Digital Service without the limitations of the Free Service Plan, and which requires a periodic payment through the formalisation of the corresponding Subscription within the Application by the main User of the dwelling.

The Service Plans present differences in terms of tariffs, duration, free trial period, billing methods, access requirements, connectivity, functionalities, conditions and/or compatibility with Devices, which are detailed in the Application or through any other commercial/promotional material describing the characteristics of the different Service Plans offered by FERMAX.

The Service Plans are linked to the dwellings themselves, so that a User may be associated to different Service Plans depending on the dwellings of which he/she is a main or guest User.

If a home has a free Service Plan or a paid Service Plan associated with it, the formalisation and management of said Plan will be carried out directly by the main User of said home. For this purpose, FERMAX will provide said User with the conditions applicable to said Plan during the registration process in the Application.

b) Billing and payment conditions

The use of the Digital Service through the free Service Plan does not require any Subscription, as it is offered free of charge to the User.

In the case of the paid Service Plan, the Home Main User must choose, at the end of the initial trial period (if such a trial period has been offered), whether to subscribe to the paid Service Plan or, if not, to continue to enjoy the limited functionality of the free Service Plan.

The Subscription to the paid Service Plan shall be carried out directly by the main User of the home from the Application by accessing the section "Settings - General - My Account - Active Plans'' or from any other shortcut enabled in the Application, without having to enter any bank details and/or information on any means of payment in the Application.

Adherence to this paid Service Plan shall imply Subscription to a monthly, annual or any other periodic payment plan of which the Main User of the dwelling is informed prior to the formalisation of the Subscription.

Said Subscription will be managed directly through the application markets (App Store for Apple users or Google Play for Android Users), in such a way that the processing of the information and data provided by the User to subscribe to the paid Service Plan (e.g. means of payment and/or bank accounts, among others) will be carried out directly by said third parties, without FERMAX having access to the same.

The charges corresponding to the User's Subscription will be billed by the relevant third party (App Store for Apple Users or Google Play for Android Users) using the payment information provided by the User for this purpose. The first payment will be charged through the payment method chosen by the User once the Subscription process has been completed, and the Subscription will be automatically renewed at the end of each billing period, unless the Subscription is cancelled in accordance with the cancellation instructions detailed below.

In any case, the Subscription to the paid Service Plan through third parties shall entail that, in addition to these Conditions of Use, the terms and conditions of the third party through which the User has formalised his/her Subscription may be applied to the use made by the User of the Digital Service offered by FERMAX.

c) Changes to Service Plan tariffs

FERMAX reserves the right to modify, delete and/or extend the Service Plans currently in force, as well as the tariffs and/or conditions of the Service Plans which, at any time, may be offered to Users.

In such a case, FERMAX shall inform Users at least thirty (30) days in advance by sending an e-mail to the address provided by the User when registering in the Application or by any other means that maximises the level of reception of the notification by the Users (for example, notifications in the Application itself).

In the case of the paid Service Plan associated with a home, if the main User of said home does not agree with the change of tariff and/or with the new conditions applicable to the contracted Plan, he/she may cancel the Subscription by following the instructions provided by FERMAX for this purpose. If the User does not cancel said Subscription before the new rates and/or conditions come into force, it will be understood that he/she agrees with the modification communicated, renewing his/her Subscription to the paid Service Plan at the new price and/or with the new conditions in force.

d) Cancellation

The cancellation of the Subscription to the paid Service Plan of a property can be managed by the main User of that property at any time from the Application by accessing the section 'Settings > General > My account > Active Plans' or from any other shortcut enabled in the Application.

However, THE USER MUST CANCEL THE SUBSCRIPTION PRIOR TO THE RENEWAL DATE OF THE SUBSCRIPTION IN ORDER TO AVOID BE CHARGED THE FEE FOR THE FOLLOWING BILLING CYCLE. In the event of cancellation, this will be effective at the end of the current subscription period, so that the User may continue to use the Digital Service until the end of the same.

e) Right of withdrawal

The User agrees that registration with the Application and, where applicable, Subscription to a paid Service Plan grants immediate access to the Digital Service and that, accordingly, the User shall not be entitled to withdraw from the Subscription agreement for fourteen (14) days (or as long as applicable law may determine from time to time) following the date of Subscription and obtain a refund of the fee paid.

f) No entitlement to reimbursement

Unless required by applicable law, FERMAX will not refund the amount of any Subscription nor will it grant credits or make refunds proportional to the amount of cancelled Subscriptions.

g) Promotional offers

In the event that FERMAX decides to apply new discounts or promotional offers to the Service Plans after the date on which a User has registered in the Application, such User shall not be entitled to any refund or adjustment in its Subscription fee.

On the other hand, new Users shall be entitled to benefit only once from the promotions that FERMAX may apply for "new customers".

The requirements for participating in any special promotion will be established by FERMAX at the time the promotion is launched, and FERMAX has the exclusive power to determine the requirements that must be met for a User to benefit from a promotional offer and reserves the right to cancel any offer in the event that it determines that the User does not meet the necessary requirements to benefit from it.

5.5. New services. Updates

The Digital Service offered by FERMAX is constantly evolving. Therefore, FERMAX reserves the right to incorporate new features and services to the Digital Service, and the User consents to FERMAX making available and offering the use of such new functionalities.

Similarly, FERMAX may provide updates, bug fixes or other changes or enhancements to the Application (collectively, "Service Updates") at any time. By registering for the Application, the User agrees to receive all Service Updates without prior notice. Service Updates may include:

automatic, which relate to general changes to the Application and/or the implementation of additional functionalities;
In such case, the User will receive the necessary information and instructions to authorise, if interested, the Optional Service Upgrades;
mandatory, in which case you must accept the Service Update to maintain access to the Application.

The User is advised that access to the Application may be unavailable during a Service Update.

6 EXCLUSION OF LIABILITY

6.1 Information and use of the Application by the User

Access to the Application does not imply any obligation on the part of FERMAX to check the truthfulness, accuracy, adequacy, suitability, completeness and timeliness of the information provided through it.

The User accepts that FERMAX assumes no responsibility for the delay, deletion, erroneous delivery, or failure to store User communications.

FERMAX accepts no responsibility either for the decisions taken on the basis of the information supplied in the Application or for damages of any nature which may be due to the misuse of the Digital Service by the User.

Likewise, the User declares that he/she is aware that the Digital Service will be provided by FERMAX automatically, the latter being limited to carrying out the order which, to this effect, is initiated through the Application by the User or by any third party authorised by him/her, FERMAX not being responsible, therefore, for verifying the identity of the persons authorised to access the Building nor for the possible damages which the misuse of the Digital Service by the latter may entail for the said Building.

FERMAX applies data protection measures by design and by default, ensuring that all its processing, for which Fermax is responsible, is carried out in accordance with the principles of the RGPD, paying special attention to the security of the processing and transparency in the purposes for which the personal data will be processed.

Only persons of legal age may register for an account as a Primary User on the Application.

As part of the Digital Service, the functionality called ‘automatic image capture’ or ‘photocaller’ makes it possible to consult the calls that the User receives through the video door entry system, which include the date and time of the call, the status (e.g. answered, unanswered or answered from another terminal) and a photograph of the person who called the User's home. In this regard, the User shall refrain from using the Digital Service and the functionality related to the automatic capture of images for any illegal purpose, agreeing not to use the Application to capture, publish, transmit, disseminate or store any content that infringes legitimate rights and interests of others, such as the protection of personal data, intellectual property rights, trade secrets of third parties and any other fundamental rights.

FERMAX may directly delete any information stored by the User during the use of the Application that it suspects is unlawful or infringes the legitimate rights of third parties or the provisions of these Terms of Use.

If the User infringes any of the above specifications of use and, in doing so, causes damage to third parties, he/she shall assume full responsibility and exonerate FERMAX from any loss or expense arising therefrom.

6.2 Use of the Digital Service

The use of the Application is subject to all applicable regulations and the User shall be solely responsible for the content and data entered through the Application.

FERMAX adopts various protective measures to protect the Application against computer attacks by third parties and maintains a continuous process of evaluation of the cyber security of its products and services. However, access to the Application does not imply any obligation on the part of FERMAX to control the absence of viruses or any other harmful computer element in the mobile devices on which Users download the Application. It is the User's responsibility, in any case, to ensure the availability of suitable tools for the detection and disinfection of harmful computer programs.

FERMAX accepts no responsibility for any damage caused to the mobile devices of Users or third parties during access to the Application.

FERMAX does not grant any guarantee nor is it responsible, under any circumstances, for damages of any nature that may arise from access to or use of the Contents or the Application. Among others, and by way of example and without limitation, FERMAX accepts no responsibility for the following circumstances:

The lack of maintenance and effective functioning of the Application and/or its Contents: (i) due to causes not directly attributable to FERMAX, (ii) when there are force majeure causes or; (iii) in those cases in which the configuration of the mobile devices and/or the connectivity conditions of the Users' homes (e.g., existence of modem or router, internet connection speed, etc.) are not adequate to allow the correct functioning of the Application, its Contents and/or the Digital Service provided through it.
The fact that the User cannot make use of the Application to use functionalities not included in the Digital Service enabled for the User based on the User's profile (e.g. Digital Service User via a Wi-Fi Home Terminal, Digital Service User via a non-Wi-Fi Home Terminal with a Free Plan or Digital Service User via a non-Wi-Fi Home Terminal with a paid Service Plan Subscription).
The existence of viruses, malicious or harmful programmes in the Contents.
The reception, obtaining, storage, dissemination or transmission, by the Users, of the Contents.
The illicit, negligent, fraudulent use, contrary to the terms of these Terms of Use, or to good faith and public order, of the Application or its Contents, by the Users.

6.3 Availability of the Digital Service

Access to the Application requires services and supplies from third parties, including the transport of information through telecommunications networks whose reliability, quality, continuity and operation is not the responsibility of FERMAX. Consequently, the services provided through the Application may be suspended, cancelled or become inaccessible, prior to or at the same time as the Digital Service is to be provided through the same.

FERMAX accepts no responsibility for damages of any kind caused to the User as a result of failures or disconnections in the telecommunications networks, computer failures or other electronic systems that lead to the suspension, cancellation or interruption of access to the Application.

Likewise, FERMAX shall not be liable for damages of any kind caused to Users as a consequence of the service being down when, for reasons beyond FERMAX's control, this has its origin in the uninstallation and/or failure of the electronic devices that enable the Digital Service to be provided.

6.4 Limitation of liability

FERMAX shall make every effort to ensure that Users can enjoy the Digital Service on a continuous and personalised basis. However, the Digital Service is provided "as is" and "as available" and, therefore, access to the Application may be interrupted for reasons of maintenance, updating or for any other reason, in particular, of a technical nature. FERMAX accepts no liability whatsoever for such interruptions and the consequences that these may have for the User and assumes no responsibility with regard to any condition, statement or guarantee that is not expressly included in these Conditions of Use.

Likewise, FERMAX assumes no liability to Users and/or third parties for indirect, special, incidental, consequential, exemplary or punitive damages of any kind as a result of the use of the Digital Service.

However, if applicable, FERMAX's liability will be limited, in any case, to the amount paid by the User, if any, for the use of the Digital Service during the last billing cycle (monthly, yearly, etc.).

It is hereby stated that the above exclusions and limitations shall only apply to the extent permitted by the legislation which, in each case, may be imperatively applicable to the User.

7 PROTECTION OF PERSONAL DATA

Any personal data provided by Users during the registration process and use of the Application shall be treated in accordance with the terms established in the FERMAX Privacy Policy.

8 USE OF COOKIES

Users are informed that the exception established in article 22.2 of the LSSI applies to the cookies (or similar storage technologies) used by FERMAX in the Application (hereinafter, the "Cookies"), without it therefore being necessary to obtain the user's consent to their use. Specifically, the purposes of the Cookies used in the Application are detailed in the FERMAX Privacy Policy.

9 MODIFICATION OF THE CONDITIONS OF USE

FERMAX reserves the right to modify these Conditions of Use at any time, in particular to comply with any new regulation or legislation, or to improve the use of the Application by the User.

Any modification to the Terms of Use shall be integrated into this document and shall be effective from the moment it is published in the Application, it being understood that the User agrees with the modifications included if he/she continues to use the Application once they have been published, being able to unsubscribe from the service, if he/she does not agree with the modifications included, by: i) cancelling any current Subscription to the Service Plans, ii) deleting his/her User account and iii) uninstalling the Application. Consequently, FERMAX invites Users to check these Terms of Use periodically.

10 NULLITY AND VOIDABILITY

In the event that any provision of these Terms of Use is found to be invalid or voidable, in whole or in part, such invalidity or voidability shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

11 LEGISLATION AND COMPETENT JURISDICTION

Unless otherwise required by the mandatory laws of the User's country of residence, these Terms of Use are subject to Spanish law and any dispute relating to the validity, interpretation and/or enforcement of these Terms of Use shall be subject to the jurisdiction of the Spanish Courts and Tribunals.

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Date of update: January 7^th 2025