GENERAL TERMS AND CONDITIONS OF USE OF THE SCLAK
APP
TOU 8915-002
Introduction
· Publisher of the SCLAK app: URMET S.p.A., VAT number: IT 06888290019,
registered office at Via Bologna 188/C, 10154 Turin, ITALY.
· URMET Customer Care: 08:30-13:0000/14:00-17:50 (Monday to Friday,
excluding public holidays), Tel. 011.23.39.800, email/contact: cs.asa2@urmet.com;
·
Hosting of the SCLAK app: server managed by OVH in Europe. For more information: https://www.ovh.com/world/personal-data-protection/exercising-your-rights
1.
Article 1 – Scope of these
General Terms and Conditions of Use.
1.1. These Terms and Conditions of Use govern the relationship between
URMET and the USER regarding the use of the SCLAK APP and associated
services.
1.2. The use of the APP entails full application of these General Terms
and Conditions of Use, 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 and Conditions of
Use. URMET reserves the right to modify these General Terms and Conditions of
Use at any time, notifying the USER of such changes.
2.
Article 2 – Definitions. The following definitions apply to these terms, whether written in
the singular or plural:
2.1. "SCLAK APP"
or "APP": an application named "Sclak" which
provides a system for opening and managing electronic locks via smartphone
(referred to as smart locks) for access to gates or public or private
pedestrian or vehicle entrances, available on the iTunes store and Google Play
platforms.
2.2. "DEVICE (S)"
refers to the hardware device(s) installed which operates(operate) with the
APP.
2.4. "SERVICES"
indicates the services which URMET supplies to the USER via the APP.
2.5. "ACCOUNT"
refers to the personal and private interface for the USER to the APP, from
which the USER can access all SERVICES and data for their DEVICES.
2.6. "INSTALLER":
the professional installer, corresponding to a company name and business
register number, who supplied, installed and configured the DEVICES purchased
by the USER.
2.7. "USER":
any individual who has reached the age of majority who uses the APP and who
wishes to take advantage of the SERVICES, with the exclusion of any use for
professional purposes. Any USER may register with one of the following
profiles:
a) "ADMINISTRATOR": if the
USER is the administrator of the DEVICE(S) installed with the ability to
nominate "OWNER" and "GUEST" USERS;
b) "OWNER": if the USER is the owner of the
dwelling in which the DEVICE(S) is/are installed;
c) "GUEST": if the USER is an individual
invited to access the dwelling by the OWNER (e.g. children, cleaners, guests).
2.8. "OWNER KEY":
a limited duration licence for a virtual key, which can be purchased via the
SCLAK APP by the OWNER or ADMINISTRATOR only to open the electronic locks
equipped with the DEVICE by smartphone.
2.9. "GUEST KEY":
a limited duration licence for a virtual key which the GUEST receives from the
OWNER or ADMINISTRATOR to use a smartphone to open the electronic locks
equipped with the DEVICE.
3.
Article 3 – Technical
Prerequisites. Access to and the operation of the APP and associated SERVICES
require all of the following:
3.1. the existence of one
or more DEVICES installed correctly and in compliance with the installation
requirements and the applicable professional standards and practices;
3.2. possession of a
smartphone with Bluetooth 4.0 or higher data transmission system and Internet
connectivity, along with an iOS 9 or higher or Android 4.3.1 or higher
operating system;
3.3. the download of the
SCLAK APP from Apple Store or Google Play;
3.4. registration on the
SCLAK APP with one of the following profiles: INSTALLER, ADMINISTRATOR, OWNER
or GUEST;
3.5. the purchase, at a
cost which is published on a case-by-case basis, of an OWNER KEY or a GUEST KEY
if registered as an ADMINISTRATOR or OWNER; or the receipt of a GUEST KEY if
registered as a GUEST;
3.6. the download of
updates to the SCLAK APP.
3.7. The costs of messages and the use of the
Internet are payable by the USER and are not provided by URMET.
3.8. URMET notifies the
USER of the potential risk of interruptions to the Internet connection which
may compromise access and the operation of the APP in full or in part. URMET
shall not be liable in case of malfunction or an inability to access the APP caused
by an interruption of the USER's Internet connection, malfunctions or
unavailability of the Internet service.
4.
Article 4 – REGISTRATION ON
THE APP.
4.1 A USER with an ADMINISTRATOR, OWNER or GUEST profile, in order to
access the SCLAK APP and the associated SERVICES, must register by creating an
ACCOUNT; this account will be associated with the USER's login details which
include at least one email address and a password selected by the USER.
4.2 A USER with an INSTALLER profile in order
to access the SCLAK APP and the associated SERVICES must register by creating
an ACCOUNT; this account will be associated with the USER's log in details
which include at least one email address, a password selected by the USER and
the VAT number of the company.
4.3. The USER undertakes to
provide accurate and complete information when creating their ACCOUNT and
throughout the use of the APP.
4.4. After creating the
ACCOUNT on the APP's registration page, the USER will receive an email to
confirm their details 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.
4.5. The USER's login
details are strictly personal and confidential. The USER is solely responsible
for their safekeeping and use and must not communicate them to third parties.
4.6. The USER may change
their password either via the APP or on the online portal admin.sclak.com
4.7. URMET is authorised to
ask the USER to change their login details for technical or security reasons or
if requested to do so by an authority. In this case, URMET will inform the USER
by email sent to the address provided by the USER.
4.8. If the USER's login
details are stolen and/or used fraudulently, the USER may independently modify
their login details and, if necessary, inform URMET Customer Services (contact
details for which are given in the introduction to these General Terms and
Conditions of Use). In agreement with the USER, Customer services may suspend
the USER's ACCOUNT and associated SERVICES.
4.9. Use of the APP and
associated SERVICES requires the USER to have a valid email address throughout
the use of the SERVICES. In the event of a change of email address, the USER
must alter the email address provided in their ACCOUNT. URMET is not
responsible if the USER has not notified this change to their email address.
4.10. The USER agrees to
receive via email all information required for accessing and using the APP and
the SERVICES, such as confirmation of registration, any changes to personal
details on the ACCOUNT; information relating to changes to these General Terms
and Conditions of Use which will be provided within the APP.
5.
Article 5 – Description of the APP and the SERVICES.
5.1. The
procedures for using the SERVICES provided by URMET to the USER via the APP are
described in the commercial documents supplied when purchasing the DEVICES.
Specifically, the SCLAK APP allows USERS to access the following SERVICES:
5.1.1. The ADMINISTRATOR USER may:
5.1.1. Invite the OWNER by sending a
"3 months free trial" licence;
5.1.2. Invite GUESTS;
5.1.3. Determine the duration of validity
of the GUEST KEYS;
5.1.4. Control
access by their GUESTS (time, place and name);
5.1.5. Manage the DEVICES installed in
multiple condominiums which they administer, via their ACCOUNT;
5.1.6. Purchase the OWNER KEY licence in
the APP and use it.
5.1.2. The OWNER USER may:
5.1.2.1. Purchase their own OWNER KEY in
the APP and use it;
5.1.2.2. Purchase the GUEST KEY licence in
the APP, normally in packages;
5.1.2.3. Invite GUESTS by sending the
GUEST KEY;
5.1.2.4. Determine the duration of
validity of the GUEST KEYS;
5.1.2.5. Control access by their GUESTS
(time, place and name);
5.1.2.6. Manage DEVICES installed in
different buildings via their ACCOUNT.
5.1.3. The GUEST USER may:
5.1.3.1. Use the GUEST KEY for the period
of time set by the OWNER.
5.2. The purchase prices
and the properties of the OWNER KEY and the GUEST KEY are shown in the app or
on the e-commerce platform at the time of purchase.
5.3. The OWNER KEY licence
has a limited duration, as shown at the time of purchase. When it expires, the
OWNER must purchase a new license to continue to use the SERVICES.
5.4. The GUEST KEY license
purchased by the OWNER has a limited duration as shown at the time of purchase.
When it expires, the OWNER must purchase a new GUEST KEY licence to be able to
continue to allow GUESTS to use the SERVICES.
5.5. The licence validity
shall begin on the day of first activation of the OWNER KEY or the GUEST KEY.
5.6. The KEY can be used by
the OWNER or GUEST USER:
5.6.1. by pressing the virtual button on
the APP;
5.6.2. in automatic mode when nearby;
5.6.3. using a pin code on the keypad.
5.7. The USER must use the
APP and SERVICES in accordance with these General Terms and Conditions of Use
and in compliance with the applicable regulations.
5.8. The USER may not use
the SERVICES, the APP or any type of information or element in an incorrect or
improper manner such that it alters its operation or execution and must abide
by any technical limitation present in the APP. In particular, the user shall
refrain from, by way of example and not limited to, the following activities:
5.8.1. bypassing the
limitations of use and the technical limitations present in the APP;
5.8.2. decoding,
de-compiling or disassembling the APP;
5.8.3. making a number of
copies of the APP greater than that which is strictly necessary for backup
purposes.
5.9. The USER may not download or transfer content
which contains or may contain viruses or programs that alter the operation of
the APP and the SERVICES or cause damage to the APP, URMET or other users of
the APP.
5.10. The USER must take
all necessary measures and precautions to prevent any illegal or harmful use or
any use which is in any way contrary to normal use of the SERVICES and the APP
by the USER or any other person, particularly minors.
5.11. No claim may be
brought against URMET and URMET shall not be held responsible in the event of a
malfunction of the APP or the SERVICES due to incorrect or improper use or use
which is in any way contrary to these General Terms and Conditions of Use.
6. Article
6 – Limitations of Use.
6.1. The USER may install
and use the APP on any of their compatible devices, notwithstanding any
technical restrictions applied by the operators of the iTunes Store and Google
Play platforms.
6.2. The USER may download
and use the APP simultaneously on a maximum of 2 devices with the same ACCOUNT.
6.3. The USER may not:
(i) rent, lend, sell,
sublicense or in any other way distribute the APP and/or the OWNER/GUEST KEYS;
(ii) use the APP to develop
a product which is a competitor to the APP itself;
(iii) allow third parties
to access or use the APP, except for instances which may be provided for in
this Agreement;
(iv) distribute or publish
the OWNER/GUEST KEYS;
(v) use unauthorised access
keys.
7 Article 7 – Intellectual Property.
7.1. All rights and
intellectual property rights over the APP, the DEVICES and the SERVICES, are
and remain the property of URMET and/or its licensors and no right or ownership
over these shall be transferred to the USER. The USER shall have no right to
represent, reproduce, modify (including in order to correct an error), adapt,
reprogram or convert the APP or create works deriving from the APP, except to the extent necessary to configure
the APP by the menus, options and tools provided for this purpose and contained
within the APP itself. Notwithstanding where permitted by the applicable law,
reverse compiling is prohibited (including direct reverse compiling to permit
interoperability), as is reverse engineering and other extrapolation of the
APP's source code.
8. Transfer of DEVICES/Modification of
the OWNER USER.
8.1. In the event that the
dwelling in which the DEVICES are installed is sold by the OWNER USER, the
ADMINISTRATOR USER must deactivate the OWNER KEY via the APP. The new owner, in
order to continue to access the SERVICES, must create their own OWNER ACCOUNT
on the APP, in accordance with article 4 of these General Terms and Conditions
of Use.
8.3. If the OWNER USER
moves house and keeps the DEVICES, the USER has sole responsibility for
removing the DEVICES and installing and configuring them in their new house. In
this case, the USER may retain the same ACCOUNT in the APP.
9.
Article 9 –
Maintenance/Interruption of the SERVICES.
9.1. 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
development maintenance of the APP and of the SERVICES.
9.2. In particular, for
maintenance and security reasons, URMET reserves the right to temporarily
interrupt access to the APP and the SERVICES, in full or in part, without prior
warning.
9.3. If the USER suffers
unexpected interruptions to the APP and/or the SERVICES, any question and/or
complaint should be forwarded to URMET Customer Services indicated in the
introduction.
10.
Article 10 –
Duration/Suspension/Termination.
10.1. These General Terms
and Conditions of Use shall apply throughout the duration of use of the APP and
the SERVICES by the USER.
10.2. In the event of a
breach of these General Terms and Conditions of Use by the USER, URMET reserves
the right to revoke or suspend the USER's access to the APP, in full or in
part, and to the SERVICES, without prejudice to the right to seek compensation
for the damages suffered. URMET may temporarily suspend access to the APP
and the SERVICES for the period of time necessary to obtain explanations from
the CLIENT. URMET will send an email to the USER informing them of the
suspension of their access to the APP and the SERVICES.
10.3. Access to the APP and
the associated SERVICES may be cancelled by the USER at any time.
10.4. URMET may revoke the
USER's access to the APP and the associated SERVICES, in full or in part, and
without prior notice in the following cases, as well as in the cases expressly
provided for by these General Terms and Conditions of Use:
10.4.1. Identity theft by the USER or
abuse of the right to use the APP;
10.4.2. Communication of false or
incomplete information about the USER when creating their ACCOUNT;
10.4.3. Abnormal or improper use of the
APP and the associated SERVICES;
10.4.4. Breach of URMET's intellectual
property rights, such as those contained in Article 8 of these General Terms
and Conditions of Use;
10.5. URMET may permanently
suspend access to the APP and the supply of the SERVICES by notifying the USER
of this at least 6 (six) months before actually interrupting the APP.
10.6. Suspension of access
to the APP, at the initiative of the USER or URMET, shall not give entitlement
to reimbursement for the DEVICES.
11.
Article 11 – Liability and
Limitations of Liability.
11.1. URMET undertakes to
make every effort to apply all necessary care and attention to ensure access to
the APP and to deliver the SERVICES in accordance with the business aims and
standard practices.
11.2. URMET's liability is
expressly excluded in the following cases:
11.2.1. Breach by the USER and/or the
INSTALLER of the obligations deriving from these General Terms and Conditions
of Use;
11.2.2. Malfunction and/or incorrect
configuration of the DEVICES;
11.2.3. The use of devices which do not
meet or comply with the requirements of these General Terms and Conditions of
Use;
11.2.4. Malfunction of the Internet,
telephone or electrical system of the USER or of any other operator.
11.2.5. Malfunction of the cloud server
which is not attributable to URMET;
11.2.6. Any misappropriation of the
USER's login details, as the USER has sole responsibility for them.
11.2.7. Any unforeseen event or
instance of force majeure as defined in article 12 of these General Terms and
Conditions of Use.
11.3. Under no
circumstances shall URMET be held liable for any loss suffered by the USER that
does not derive from the failure of URMET to meet its legal and contractual
obligations.
11.4. The USER is informed
that the technologies used for the SERVICES require particular attention. The
USER is therefore invited to take specific precautions, such as: conducting
regular tests of the DEVICES; verifying that the various SERVICES and functions
do not involve particular risks in relation to the specific characteristics of
each person who lives in the dwelling (e.g. age, mobility, physical condition,
etc.).
11.5. If the USER detects a
malfunction of the DEVICES, they must call the INSTALLER from which the DEVICES
were purchased, and refer to any Terms and Conditions of Sale and Warranty
provided at the time of purchase.
11.6. 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".
11.7. With the exception of
the warranties legally required by 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.
11.8. URMET shall not be
liable to the USER for any loss not resulting from wilful or gross negligence
or for any indirect or consequential loss or loss resulting from any non-use of
the APP by the USER.
12.
Article 12 – Force Majeure.
12.1. Neither party shall
be considered liable for a total or partial non-fulfilment of their
corresponding obligations if such non-fulfilment derives from an unforeseeable
event or an instance of force majeure as defined by Italian law. This
notwithstanding, the list below gives examples of events which constitute force
majeure, without being exhaustive:
12.1.1.
A ban or limitation on telecommunication services by the public authorities, in
particular any service suspension expressly required by an administrative
authority or competent jurisdiction;
12.1.2.
An interruption to the power supply, interruption and/or malfunction of the
transmission network, including Internet access;
12.1.3. Telecommunication media
malfunction and/or sabotage, computer hacking;
12.1.4. Fire, lightning, storms, floods
and other climate catastrophes, water damage, exceptional weather conditions, breakdowns,
epidemics, uprisings, wars, insurrections, attacks, explosions or acts of
vandalism;
12.1.5. Total or partial strike.
12.2. The party confronted
with such events must inform the other party as soon as possible after the
event has occurred.
13.
Article 13 - Personal
Data/Privacy Policy.
13.1. In accordance with
the data protection code (law 196 of 30 June 2003) and the GDPR regulation
679/2016, URMET informs the USER that the personal data and information
collected when registering for and using the APP (specifically: first name and
surname, email address and telephone number) will be subject to electronic
processing.
13.2. The USER will be
informed of which data are mandatory and which are optional by means of an
asterisk (*). If the USER refuses to provide the compulsory data, they will not
be able to use the APP.
13.3. The data collected
will be used for the requirements of using the APP and to provide the SERVICES
in accordance with the provisions set forth in these General Terms and Conditions
of Use (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 their consent.
13.4. URMET shall retain
this personal data for the period of time necessary for fulfilling the purposes
described in this article and, in any case, for no longer than 10 years. After
this period of time, only anonymous statistical data will be retained but will
not be used in any way.
13.5. URMET undertakes not
to disclose personal data except with express authorisation or under special
circumstances, such as those set forth below:
13.5.1. URMET may be forced to disclose
the aforementioned personal data by law in relation to proceedings, disputes
and/or requests from public authorities in the USER's country residence or for
other reasons;
13.5.2. Furthermore, URMET may disclose
such data if it believes that this disclosure is necessary or appropriate for
reasons of national security, application of the law or other matters of public
interest;
13.5.3. URMET may also disclose the
USER's data when doing so is considered reasonably necessary to ensure the
fulfilment of this clause or to protect its business or to protect or safeguard
the USER.
13.6. In the event of
restructuring, URMET may transfer all
personal data collected to its successor.
13.7. Subject to proving
their identity, the USER has the right to access, modify, revoke, rectify or
delete their data by sending a request to URMET at the following email address:
cs.asa2@urmet.com or by mail to: URMET S.p.A., marked 'all'attenzione del
Privacy Officer', Via Bologna 188/C, 10154 Torino, ITALY, or to the following
email address: dpo@urmet.com.
13.8. All persons whose
data is collected may also object to the processing of the data, for legitimate
reasons, by contacting URMET at the above mentioned addresses (email or postal
address).
14.
Article 14 – Miscellaneous.
14.1. If any provision of
these General Terms and Conditions of Use is declared to be invalid or
unenforceable, the remaining provisions of these General Terms and Conditions
of Use shall remain fully effective.
14.2. Failure by one party
to enforce the application of any clause of these general terms and conditions
of use does not mean that said party has waived the option to enforce its
rights at a later date.
14.3. The titles used in
these General Terms are for convenience only and do not constitute an essential
part. Therefore, they cannot be used to provide an interpretation contrary to
the terms of the corresponding Articles.
15.
Article 15 – Applicable
law/Competent court.
15.1. These General Terms
and Conditions of Use are subject to Italian law.
15.2. In case of a dispute
or complaint, the USER is invited to contact URMET Customer Services, the contact
details of which are shown at the beginning of these General Terms and
Conditions of Use.
15.3. For any dispute, the
competent court shall be the court of Turin.
Date and signature (or checkbox)
In accordance with articles 1341 and 1342 of the
Italian Civil Code, the USER declares that they have carefully examined and
expressly approve the following clauses: 7 (intellectual property), 8 (Transfer
of DEVICES/Modification of the USER), 9 (Maintenance/Interruption of the
SERVICES), 10 (Duration/Suspension/Termination), 11 (Liability and Limitations
of Liability) and 15 (Applicable law/Competent court).
Date and signature (or checkbox)