Terms and Conditions of Use - Luckey Guest App

1. Nature and legal value of this document
These Terms and Conditions of Use (hereinafter referred to as "Terms of Use" or "License") constitute the agreement between Sofia s.r.l. (hereinafter "Sofia or" Licensor"), on the one hand, and the end user (subsequently indifferently referred to as" User ","Licensee" or "Guest") on the other, relating to the use of the IT application Luckey Guest (later indifferently referred to as "App" or "Luckey Guest App") in the broader context of Sofia's cloud access control system.
Before using the Luckey Guest App, the User is invited to carefully read the contents of this License (and in particular the content of the clauses referred to in points 1.3, 3.3, 3.4, 3.5, 4.4, 5.1, 7.1, 7.2, 8.1, 8.2, 9.1) as well as the Privacy Information relating to the processing of personal data through the aforementioned App: the personal data of the User who uses the Luckey Guest App, as well as the personal data of the subject (hereinafter referred to as "Manager") that, using the Sofia remote key delivery system, enables the User to cross one or more physical gates within an installation. These data will be processed by Sofia, in the capacity of Data Processor, in compliance with EU Regulation 679 / 2016 and, as far as applicable, of Legislative Decree 196/2003 and ss.mm.ii. (so called "Privacy Code"), according to the methods indicated in the aforementioned Privacy Statement.
By using the Luckey Guest App, the User fully accepts all the contents of this License (and in particular the content of the clauses referred to in points 1.3, 3.3, 3.4, 3.5, 4.4, 5.1, 7.1, 7.2, 8.1, 8.2, 9.1) and is therefore legally bound by it. However, the Licensor reserves the right, at its sole and absolute discretion, to modify the contents of this License at any time without prior notice. If this occurs, the Licensor will provide notice of such changes through a notification sent through the same App. The use of the App after the dispatch of such notification involves the User's complete acceptance of the License in the new resulting text from the modifications made.

2. Definitions
For the purposes of this License, the terms indicated below, where shown with initial capital letters, will have the following meaning:
"Credentials": indicates the combination of username and password chosen by the Guest during registration (i.e. the different password as subsequently modified by the Guest) that are used to log in to the Luckey Guest App, so that the smartphone or any different device on which it is installed allows the Guest to use the Service.
"Guest": indicates the subject who, using the Luckey Guest App, can pass through one or more passages present inside a Facility.
"Manager": indicates the subject who, through the use of the Luckey Web software, can use the Service and enables the Guest to use the Service.
"System": indicates the set of gates referable to an ACS - CD (Access Control System - Cloud Domain) and managed by the same Manager.
"Platform": means the ACS platform in cloud used for the use of the Service.
"Service": indicates the gate opening service based on the System.
"System": indicates the Sofia remote key delivery information system consisting of the Luckey Web software, the App named "Luckey Guest" and the hardware devices (such as, for example, gateways, perimeter gates, NFC badges and Smart Locks) which interact directly or indirectly with the Platform.

3. Usage of the Luckey Guest App
The Luckey Guest App is a computer application - the operation of which is illustrated in detail in the Luckey User Manual, available on the Sofia website and which must be understood here as referring to everything that it underlines - which allows the User, by means of the Sofia remote key delivery system, to be enabled by the Manager to open one or more gates within a Plant for a certain period of time.
The use of the Service through the Luckey Guest App is subject to the possession, by the Guest, of a smartphone or other device compatible with the System, which is intact and not tampered with, and which is equipped with a connection (wireless or data) to the Internet as well as functional and active Bluetooth and geolocation features.
In order to exclude or reduce the risk of unauthorized access to the gates of an installation, it is the User's responsibility to use all appropriate measures to exercise exclusive control over the material availability of the smartphone or other device on which the Luckey Guest App is installed and make sure that the latter is intact and not tampered with. The User is therefore directly responsible for any and all damage, direct or indirect, that is connected with the loss of control over the material availability of the smartphone or of the different device on which the Luckey Guest App is installed as well as with the compromise of its integrity, and also undertakes to immediately notify the Manager of any event which may result, even potentially, in an unauthorized or otherwise abusive use of the smartphone or of the different device on which the App is installed in order to allow the Manager to promptly proceed to taking the measures deemed appropriate or necessary to avoid unauthorized access.
As provided above, the Licensor cannot be held in any way responsible for any damages, direct or indirect, of any nature, suffered by the User as a result of unauthorized or otherwise abusive use by third parties of the smartphone or the other devices on which the Luckey Guest App is installed which is the result of any intentional or negligent act by the User.
The User undertakes to indemnify the Licensor substantially and procedurally, keeping it free from any loss, damage, liability, cost or expenses, including legal fees, with respect to any claims by third parties, including the Manager, arising from unauthorized use or in any case abusive of the smartphone or of the different device on which the Luckey Guest App is installed.

4. Intellectual Property
is a creative work of protected by the law on copyright (law April 22nd 1941, n. 633 and subsequent modifications and integrations) as well as by the current community and international legislation on intellectual property. The rights to the Luckey Guest App belong to Sofia and / or its assignors, which, subject to full acceptance of this License, grants the User free and non-exclusive right revocable with the modalities envisaged by paragraph 4 which follows and cannot be transferred to third parties, to use the Luckey Guest App exclusively for the use indicated in this License.
The User acknowledges and agrees that the Luckey Guest App contains secret information from the Licensor and / or its licensors including, by way of example, the relevant source codes and object of the Luckey Guest App, any information on the codes and / or on the logical structure of the Luckey Guest App and / or on the techniques, on the methodologies incorporated in it or on which it is based, and the User undertakes to keep secret and not disclose said information and content to third parties, if it comes into possession.
Just as provided in paragraph 1 of this point 4, the User has the right to download the Luckey Guest App from the Apple Store (in case of use via smartphone or other compatible device with iOS operating system) or from Play Store (in case of use via smartphone or other compatible device equipped with Android operating system), to install the App exclusively on smartphones or other devices compatible with the System that are intact and not tampered with, and, subsequently, to use it in accordance with its function, as identified in paragraph 3 of this License, to use the Service.
This License starts from the date on which the User installs the Luckey Guest App on a smartphone or on a different compatible device, expressly accepting the Terms of Use and will remain in force until its modification by the Licensor pursuant to paragraph 1.3 and / or termination and / or withdrawal of a party. The License on the Luckey Guest App is functionally connected to the Service: therefore, in the event that the User 's right to use the Service fails for any reason, she will automatically and contextually lose this License as well. The User may withdraw from this License at any time by uninstalling the Luckey Guest App. Upon termination of the License for any reason, the User must refrain from any further use of the Luckey Guest App and must promptly uninstall and destroy all complete or partial copies of the App in his possession or control. The clauses relating to the reservation of rights, confidentiality, limitation of liability and applicable law will survive the termination for any reason of this License. The right of the Licensor to revoke this License by written communication remains, even by e-mail, to be sent to the other Party with at least 15 days notice. .
Any use of the Luckey Guest App by the User for purposes other than those indicated in this License shall be deemed not authorized by the Licensor and, therefore, expressly prohibited. By way of example only are prohibited :
the reproduction of the Luckey Guest App in a permanent or temporary way, total or partial, by any means and in any form, excluding the reproductions necessary for the use of the Luckey Guest App ;
the translation, adaptation, transformation and any other modification of the Luckey Guest App ;
the distribution, rental and any other form of making the Luckey Guest App available to the public;
the decompilation (reverse engineering) of the Luckey Guest App, except for what is expressly provided for by mandatory laws ;
the removal or cancellation in any way from the Luckey Guest App of any trademark, trade name, copyright notice or other notation of rights reserved therein or contained therein ;
the development of products or software applications based on the Luckey Guest App or that in any way make use of the same ;
the use of the Luckey Guest App to develop or spread computer viruses, malware or similar applications ;
the export of the Luckey Guest App or parts of it in violation of export control laws.

5. Access enablement
The User is aware that the authorization to access one or more gates of an Installation is in the exclusive availability of the Manager, and not of Sofia, with the consequence that the latter cannot in any way be considered responsible for any damages, direct or indirect, connected with the impossibility of accessing one or more entrances to an installation that are the result of the Manager's actions.

6. Internet Connection
Downloading and installing the Luckey Guest App by the User, and in certain circumstances also using it, require that the smartphone or the different compatible device on which the App has been installed has an active Internet connection. The Internet connection may be subject to the rates, restrictions and limitations specifically provided by the connectivity service provider. All costs relating to Internet connection are fully borne by the User.

7. Limitations of liability
The Luckey Guest App is granted to the User under a free license and, therefore, made available by the Licensor "as is" ("in the state in which it is"), without - with the sole exception of the guarantees strictly and without exception provided for by the law applicable to this License - the Licensor himself providing any implicit or explicit guarantee in relation, inter alia, to the absence of errors, to its correct functioning or suitability for a particular purpose or a particular result. In any case, if the User intends to enforce a guarantee that is absolutely and mandatorily provided for by law, she must notify the Licensor beforehand.
Without prejudice to the assumptions of liability strictly and compellingly provided for by the law applicable to this License, the Licensor will therefore not be liable in any way for direct or indirect damages resulting from the use that the User makes of the Luckey Guest App, whether foreseeable or unforeseeable, including, but not limited to, the loss of profit, the damages deriving from the failure or delayed opening of one or more passages attributable to an installation, the damages deriving from unauthorized access to one or more passages referable to a System, the damages deriving from the damage to the smartphone on which the App is installed is used and the damages deriving from the deletion of data from the smartphone itself.
The Licensor reserves the right, without assuming any specific obligation to do so, to periodically release updates or patches of the Luckey Guest App. If the User installs these updates or patches, the conditions provided by this License will also apply with respect to such updates or patches, provided that there are no different and additional license conditions applied by the Licensor to the latter.

8. Applicable law and competent court
This License is governed by Italian law, with the express exclusion of the application of the rules of private international law of this legal system.
Without prejudice to cases where jurisdiction is established by law, all disputes arising from, or in any case relating to this License, will be subject to the exclusive jurisdiction of the Court of Milan (Italy), with the express waiver of the User to any exception with respect to to that forum.

9. Partial invalidity or ineffectiveness of the License
If one or more clauses of the present License are considered null, voidable or in any case ineffective by the competent judicial authority, in no case such nullity, annulment or ineffectiveness will have effect on the remaining clauses, having to be understood the aforementioned as modified, in accordance with the presumed or presumed intention of the Licensor, to the extent and in the sense necessary for the competent judicial authority to consider them valid and effective.

10. Communications
Any communication by the User regarding the content of this License must be sent to: Sofia S.r.l. Piazza della Vittoria 47 - 26900, Lodi (LO), e-mail: support@sofialocks.com.