TOU8912-002
GENERAL TERMS OF USE OF THE URMET SECURE APP
Introduction
· Publisher of the URMET SECURE APP: URMET S.p.A., intra-Community VAT number: IT 06888290019, registered office at Via Bologna 188/C, 10154 Turin, ITALY.
· URMET Customer Care: Opening hours 08:30 – 13:00; 14:00 - 17:50 (Mondays to Fridays, closed on public holidays), Tel. 199.110.120, email / contact form: cs.asa2@urmet.com;
· Hosting of the URMET SECURE APP: server cloud.urmet.com managed in a European region of the Google Cloud Platform. More information can be found at: https://cloud.google.com/security/gdpr?hl=it
1. Article 1 – Application of these General Terms of Use.
1.1. These General Terms regulate the relationship between URMET and the USER in connection with the use of the URMET SECURE APP and associated SERVICES.
1.2. The use of the APP entails full application of these General Terms, which prevail over all the terms provided for by the USER, and all the documents not expressly accepted by URMET.
1.3. In order to access and use the APP, the USER is required to have read and accepted these General Terms. URMET reserves the right to change these General Terms at any time and shall inform the USER of said change.
2. Article 2 – Definitions. The following definitions shall apply to the terms below, whenever they are written in either the singular or the plural form:
2.1. The term "URMET SECURE APP" refers to the URMET SECURE security application (hereinafter the "APP") which enables the USER to manage and control the URMET SECURITY DEVICES.
2.2. The term "URMET SECURITY DEVICES" refers to all the URMET-branded security materials installed at the home of the USER, and which operate with the APP (hereinafter the "DEVICES").
2.3. The term "ACCOUNT" refers to the USER's personal, confidential interface to the APP, from which the USER can access all the SERVICES and configuration data for their DEVICES.
2.4. The term "INSTALLER" refers to the professional installer, corresponding to a company name and business register number, who supplied, installed and configured the DEVICES at the USER's home.
2.5. The term "SERVICES" means the services that URMET provides to the USER through the APP.
2.6. The term "USER" means any natural person who has reached the legal age of majority, who uses the APP and wishes to take advantage of the SERVICES, excluding any use for professional purposes.
3. Article 3 – Technical Prerequisites. The USER may only access the APP if they satisfy the following technical prerequisites in full:
3.1. The USER's home must be fitted with the DEVICES.
3.2. The DEVICES must be installed in accordance with the manual provided and with the applicable rules and professional practices. Considering the technical nature of the DEVICES, URMET recommends that the USER appoint a professional of their choice to perform the installation and configuration operations.
3.3. The DEVICES must be installed and configured at the USER's sole responsibility. URMET shall not be liable in case of errors in the installation and/or configuration of the DEVICES.
3.4. The USER must have a device allowing access to the Internet (Internet box or ADSL modem), compatible with the DEVICES, and an Internet subscription.
3.5. URMET does not provide the device needed to access the Internet nor does it offer Internet subscriptions to the USER. The USER must obtain them from third parties (e.g. Internet service providers).
3.6. Access to the APP and associated domotic SERVICES requires the DEVICES to be constantly connected to the Internet.
3.7. The telecommunications devices which allow access to the Internet must be installed and configured at the USER's sole responsibility.
3.8. URMET warns the USER against the potential risk of interruptions to the Internet connection such as to compromise access to and the operation of the APP in full or in part.
3.9. URMET shall not be liable in case of malfunctioning or impossibility to access the APP caused by an interruption of the USER's Internet connection, malfunctions or unavailability of the Internet service.
3.10. The USER shall, therefore, adopt all the necessary preventive measures.
3.11. The USER's computer systems (operating system, web browser, software, etc.) must be compatible with the APP.
3.12. The APP may only be downloaded to a mobile device (phone or tablet) equipped with an ANDROID or IOS operating system, with the exclusion of all other operating systems.
4. Article 4 – Access to the APP and SERVICES.
4.1. Besides the costs of communications and use of the Internet, which are the responsibility of the USER and not supplied by URMET, access to the APP is free.
4.2. Access to the APP is subject to the creation, by the USER, of an URMET Cloud ACCOUNT; this account will be associated to the USER's login credentials which include an email address and a password chosen by the USER.
4.3. The USER may only create one ACCOUNT. The USER may manage DEVICES installed in several different homes, from this ACCOUNT.
4.4. The USER undertakes to provide accurate and complete information when creating their ACCOUNT and throughout the use of the APP.
4.5. Upon creation of the ACCOUNT, the USER will receive an email to confirm their credentials and activate the ACCOUNT. Once the USER's ACCOUNT has been activated, the USER will be able to access the SERVICES offered by the APP.
4.6. The USER's credentials are strictly personal and confidential. The USER is solely responsible for their safekeeping and use and must not communicate them to third parties.
4.7. The USER may change their password either in the APP or by email, which should be sent to cs.asa2@urmet.com .
4.8. URMET is authorised to change the USER's login credentials for technical and safety reasons or if requested by an authority. In this case, URMET shall inform the USER via email to the address communicated by the USER and by mail to the address communicated by the USER.
4.9. If the USER's access login credentials are stolen and/or used fraudulently, the USER must inform URMET Customer Care as soon as possible (contact details given in the introduction to these General Terms). In agreement with the USER, Customer Care may suspend access to the USER's ACCOUNT and associated SERVICES. The USER must provide URMET, via registered post, with proof of the theft and/or fraudulent use of the login credentials, and must also provide a copy of an ID document. URMET will supply the USER with new access login credentials as soon as possible.
4.10. Use of the APP and associated SERVICES requires the USER to have a valid email address throughout the use of the SERVICES. If the email address is changed, the USER shall change the email address communicated in their ACCOUNT. URMET shall not be liable if the USER fails to communicate this change of email.
4.11. The USER agrees to receive by email all the information necessary to access and use the APP and the SERVICES, such as confirmation of login credentials, changes to personal ACCOUNT details; information concerning amendments to these General Terms will be provided within the APP.
5. Article 5 – Description of the APP and SERVICES.
5.1. The APP allows USERS to access the SERVICES associated with the DEVICES installed at their home and to manage them remotely in an automated manner.
5.2. The SERVICES supplied by URMET to the USER by means of the APP are those described in the commercial documents supplied when the DEVICES were purchased. They include specifically:
5.2.1. the viewing, on the part of the USER, of all the DEVICES installed at their home;
5.2.2. access to the configuration of the DEVICES, as completed by the USER or by the professional INSTALLER;
5.2.3. modifications to the configuration of the DEVICES;
5.2.4. acquisition of the DEVICES online, automatically or via QR code;
5.2.5. matching of the video DEVICES to the alarm system sectors;
5.2.6. total and partial activation/deactivation of the DEVICES;
5.2.7. the viewing of LIVE images following alarm events;
5.2.8. the management of event-related push notifications;
5.2.9. the option to create geo-localisation scenarios for the DEVICES' activation and deactivation;
5.2.10. the option of automatic login;
5.2.11. the viewing of status, alarm and tampering incidents.
5.3. The USER shall not download or transfer content containing or likely to contain viruses or programs that could alter the operation of the APP and SERVICES or cause damage to the APP, to URMET or to other users of the APP.
5.4. The USER shall use the APP and SERVICES in accordance with these General Terms and in compliance with the applicable rules.
5.5. The USER shall not use the SERVICES, the APP or any kind of information or element in an abnormal or improper way such as to alter the operation or execution thereof.
5.6. The USER shall adopt all the measures and precautions necessary to avoid any unlawful or hazardous use or any use contrary to the normal use of the SERVICES and the APP by the USER or by any other person, particularly minors, resident in the home where the DEVICES are installed.
5.7. No complaint may be lodged against URMET and URMET shall not be liable in case of the malfunctioning of the APP or SERVICES due to any abnormal or improper use or any use contrary to these General Terms.
6. Article 6 – Transfer of the DEVICES / USER Changes.
6.1. Access to and use of the APP and of the domotic SERVICES are strictly personal and reserved for the USER, who is the registered ACCOUNT holder.
6.2. The USER may not, therefore, assign any part of their rights of access, not even for a limited period of time.
6.3. If the home provided with the DEVICES is rented, sub-let or made available to third parties, the USER may grant them limited and temporary access to the APP, by means of the "Share" function.
6.4. The USER will provide URMET with an email address, which can be used to grant this limited time-limited right to such third parties. The USER acknowledges that the information requested by URMET to create the rights of access are mandatory. Without that information, no rights of access may be granted.
6.5. The access rights granted to the third parties will allow them to access all the SERVICES proposed by the APP, except for the following SERVICES, which are exclusively reserved for the USER:
6.5.1. access to the USER's ACCOUNT,
6.5.2. the right to grant access and sharing rights to third parties.
6.6. It is the USER's responsibility to inform URMET of the date when the third-party rights of access are to be cancelled.
6.7. For the entire duration of the rights of access granted to third parties, the USER may access their ACCOUNT on the APP.
6.8. The USER recognises that the access right is granted to third parties at their sole responsibility. No complaints may be sent to URMET in relation to the use of the APP and SERVICES by third parties.
6.9. If the DEVICES and/or the home containing them are sold by the USER, the latter must inform URMET Customer Care by mail and/or email. The USER's ACCOUNT shall be terminated on the date indicated by the USER in their letter or email. The consequences of the transfer are indicated in Article 9 of these General Terms.
6.10. The new owner of the DEVICES must create their own ACCOUNT on the APP in order to access the SERVICES for the DEVICES, in accordance with Article 4 of these General Terms.
6.11. The USER may authorise URMET to provide the new owner with the configuration of the DEVICES that they used. The USER may not claim any remuneration from URMET for providing the pre-existing configuration.
6.12. If the USER moves home and keeps the DEVICES, the USER shall be solely responsible for disassembling the DEVICES, and for the assembly and configuration operations in their new home. In this case, the USER shall keep the same ACCOUNT in the APP.
7. Article 7 – SERVICES Maintenance/Interruption.
7.1. URMET shall apply the necessary means to ensure continuity of the APP and of the SERVICES. In this context, URMET shall apply the necessary means to ensure the corrective and evolutionary maintenance of the APP and of the SERVICES.
7.2. Particularly for maintenance and safety reasons, URMET reserves the right to temporarily interrupt access to the APP and SERVICES, in full or in part, without prior notice.
7.3. If the USER experiences unusual interruptions to the APP and/or SERVICES, any question and/or complaint may be forwarded to URMET's Customer Care indicated in the introduction.
8. Article 8 – Intellectual Property.
8.1. URMET and its beneficiaries own all the intellectual property rights over the APP, the DEVICES and the SERVICES, in full or in part.
8.2. The USER shall respect the intellectual property rights (including names, brands, logos and the APP) owned by URMET and its beneficiaries and acknowledges that it does not have any right over them. The User may not represent, reproduce, edit, adjust, reprogram or request any kind of protection over any element of their intellectual property rights, including the areas over which no protection is provided for by URMET and its beneficiaries.
8.3. The elements (specifically, images and photographs) uploaded by the USER onto the APP remain the sole property of the USER. The USER declares that they have full rights, specifically rights of intellectual property, and/or the authorisations necessary in respect of such elements, and indemnify URMET in respect of any third-party complaint, demand or action with specific regard to the infringement of their rights of intellectual property to any of such elements (text, names, images, logos, content, photographs, videos, files, databases, software, models, graphics, etc.).
8.4. If the USER breaches this clause, URMET reserves the right to revoke or interrupt the USER's access to the APP, in full or in part and SERVICES, without prejudice to the right to claim compensation for the loss suffered.
9. Article 9 – Duration/Interruption/Termination.
9.1. These General Terms shall be applicable throughout the use of the APP and SERVICES by the USER.
9.2. If the USER breaches these General Terms, URMET reserves the right to temporarily interrupt their access to the APP and SERVICES for the time necessary to obtain the USER's explanations. URMET shall send an email informing the USER of the interruption to their access to the APP and SERVICES.
9.3. Access to the APP and associated SERVICES may be cancelled by the USER at any time. The USER may request cancellation by sending a registered letter to URMET at the address indicated in the introduction to these General Terms. The USER will receive an email confirming receipt of the request for cancellation. Termination will take effect after sixty (60) days have elapsed from the date on which URMET received the USER's request for cancellation.
9.4. URMET may revoke the USER's access to the APP and associated SERVICES, in full or in part and without prior notice in the following cases, as well as in those cases expressly set forth in these General Terms:
9.4.1. Identity theft by the USER or abuse of the right to use the APP;
9.4.2. Communication of false or incomplete information about the USER when their ACCOUNT is created;
9.4.3. Abnormal or improper use of the APP and associated SERVICES;
9.4.4. Infringement of URMET's intellectual property rights, such as those contained in Article 8 of these General Terms;
9.5. URMET may definitively interrupt access to the APP and to the supply of the SERVICES by notifying the USER thereof at least 6 (six) months before actually interrupting the APP.
9.6. The termination of access to the APP, at the initiative of the USER or URMET, shall not give entitlement to reimbursement for the DEVICES.
9.7. URMET will keep a copy of the USER's data for 6 (six) months from the date of termination of the USER'S access to the APP and the SERVICES. At the end of that period, URMET will erase all the USER's data.
10. Article 10 – Liability and limitations of liability.
10.1. URMET undertakes to make every effort to apply all the attention and care necessary to ensure access to the APP and provide the SERVICES in accordance with professional purposes and standard practice.
10.2. The liability of URMET is expressly excluded in the following cases:
10.2.1. Failure of the USER and/or the INSTALLER to meet their obligations under these General Terms;
10.2.2. Malfunction and/or incorrect configuration of the DEVICES;
10.2.3. Faulty or non-conforming configuration of the IT, technical and telecommunications devices listed in Article 3 of these General Terms;
10.2.4. Use of devices which do not comply with or conform to the requirements of these General Terms;
10.2.5. Malfunctioning of the Internet, telephone or electrical system of the USER or of any other operator. In this regard, the USER declares and guarantees that they are perfectly aware of the features and constraints of the Internet, in particular the fact that transmission of data and information on the Internet is inherently unreliable.
10.2.6. Malfunction of the cloud server is not ascribable to URMET;
10.2.7. Any misappropriation of the USER's credentials, as the USER is fully liable for them;
10.2.8. Any unforeseeable or force majeure event such as those defined in Article 11 of these General Terms.
10.3. Under no circumstances shall URMET be held liable for any loss suffered by the USER that does not derive from a failure of URMET to meet its legal and contractual obligations.
10.4. The USER is informed that the technologies used in connection with the SERVICES require special attention. The USER is therefore asked to take specific precautions, such as:
10.4.1. Conducting periodic tests on the DEVICES;
10.4.2. Checking that the various SERVICES and functions carry no particular risk in relation to the specific characteristics of each person living in the home (age, mobility, physical condition, etc.).
10.5. If the USER detects a malfunction of the DEVICES, they shall call the professional installer from whom the DEVICES were bought, and must refer to any Terms and Conditions of Sale and Warranty provided at the time of purchase.
10.6. The USER acknowledges and accepts that the use of the APP by the USER is at their sole risk and that this application is provided "AS IS" and "AS AVAILABLE".
10.7. Except for warranties which are mandatory in accordance with the law, URMET does not recognise any warranty or condition of any kind, including, by way of example, the implied warranties and conditions of merchantability and fitness for a particular purpose, or that the APP meets the specific needs of the USER, is free of malfunctions or that any errors in the software are corrected.
10.8. URMET shall not be liable to the USER for any loss not resulting from intent or gross negligence or for any indirect or consequential loss or loss resulting from any non-use of the APP by the USER.
11. Article 11 – Force Majeure.
11.1. No party may be held liable for total or partial failure to meet the corresponding obligations if such failure derives from an unforeseeable event or force majeure under the Italian law. That said the following are some of the events constituting force majeure without being limited thereto:
11.1.1. Ban or limitation on telecommunication service supply by public authorities, in particular any service interruption expressly required by an administrative authority or competent jurisdiction;
11.1.2. Power supply stop, transmission network interruption and/or malfunction, including Internet access;
11.1.3. Telecommunication media malfunction and/or sabotage, computer hacking;
11.1.4. Fire, lightning, storms, floods and other climate catastrophes, water damage, exceptional weather conditions, breakdowns, epidemics, uprisings, wars, insurrections, attacks, explosions or acts of vandalism;
11.1.5. Total or partial strike.
11.2. The party confronted with such events shall have to inform the other party as soon as possible after the event has occurred.
12. Article 12 – Personal Details/Privacy Policy.
12.1. In accordance with the Italian Data Protection Act (Law No. 196 of 30 June 2003) and the GDPR 679/2016, URMET informs the USER that any personal data and information collected at the time of subscribing to and using the APP (in particular: first name, surname, postal address, email address and telephone number) will be subject to electronic processing. The same applies to any data generated from use of the APP itself (geo-localisation data, images, video and audio).
12.2. The USER shall be informed of which data are compulsory or optional by means of an asterisk (*). If the USER refuses to provide the compulsory data, they will not be able to use the APP.
12.3. The data collected shall be employed for the requirements to use the APP and provide the SERVICES in accordance with the provisions set forth in these General Terms (Art. 6 para. 1b GDPR). Furthermore, URMET may use such data for informative purposes and commercial proposals relating to Urmet Group products, where the USER has provided consent.
12.4. URMET shall keep said personal details for the time necessary to fulfil the purposes described in this Article, but in any case for no more than 10 years. After such time, only anonymous statistical data shall be kept, but shall not be used in any way.
12.5. URMET undertakes not to disclose personal data except with an express authorisation or under special circumstances, such as those set forth below:
12.5.1. URMET may have to disclose the aforementioned personal data, due to the law, with regard to proceedings, disputes and/or requests by the public authorities of the USER's country of residence or other reasons;
12.5.2. Furthermore, URMET may disclose such data if it considers this disclosure necessary or appropriate for reasons of national security, law application or other public interest issues;
12.5.3. URMET may also disclose the USER's data where this is considered reasonably necessary in order to ensure compliance with this clause or to protect its business or to protect or safeguard the USER.
12.6. In case of reorganisation, URMET may transfer all the personal data collected to its beneficiary.
12.7. With the proviso of having to prove their identity, the USER ACCOUNT has the right of access, edit, revoke, rectify and destroy their data by sending a request to ELKRON at the following email address: : cs.asa2@urmet.com or by post, at: URMET S.p.A., for the attention of the Privacy Officer, Via Bologna 188/C, 10154 Turin, ITALY, or at the following email address:dpo@urmet.com.
12.8. All the people whose data are collected may also object to the processing of their data, for legitimate reasons, by contacting URMET at the (email and postal) addresses indicated above.
13. Article 13 – Miscellaneous Provisions.
13.1. If any provision set forth in these General Terms is declared invalid or unenforceable, the remaining provisions of these General Terms shall remain entirely in effect.
13.2. The fact that a party did not require the application of any clause set forth in these General Terms does not entail such party waiving the exercise of its rights a posteriori.
13.3. The titles used in these General Terms are for convenience only and do not constitute an essential part. Therefore, they cannot be used to prepare an interpretation contrary to the terms of the corresponding Articles.
14. Article 14 – Applicable Law/Settlement of Disputes.
14.1. These General Terms are subject to Italian law.
14.2. In case of a dispute or complaint, the USER is invited to contact URMET Customer Care, the contact details of which are shown at the beginning of these General Terms.
14.3. For any dispute, the competent court shall be the court of Turin.
Date and signature (or checkbox)
As required by Articles 1341 and 1342 of the Italian Civil Code, the USER declares that they have carefully examined and expressly approve the following clauses: 6 (Transfer of the DEVICES/USER Changes), 7 (SERVICES Maintenance/Interruption), 8 (Intellectual Property), 9 (Duration/Interruption/Termination), 10 (Liability and Limitations of Liability) and 14 (Applicable Law/Settlement of Disputes).
Date and signature (or checkbox)
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