Terms and conditions

Luckey Guest app

NOTICE: The original document was written in Italian and is available here.

https://jago.cloud/legal/luckey/guest/terms/v2/it/. This English version has been translated with Google Docs. The English version is a courtesy page. For any legal aspect, please refer to the original Italian version.

 

1. Nature and legal value of this document

1. These Terms and Conditions of Use (hereinafter referred to as "Terms of Use" or "License") constitute the agreement between Sofia srl (hereinafter "Sofia or" Licensor "), on the one hand, and the end user (hereinafter indifferently referred to as "User", "Licensee" or "Guest") on the other hand, relating to the use of the computer application Luckey Guest (hereinafter indifferently referred to as "App" or "App Luckey Guest" ) in the wider context of Sofia's cloud access control system .

2. 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 Policy relating to the processing of personal data carried out 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 ") Which, using the remote key delivery systemof Sofia, enables the User to cross one or more physical gates inside a Plant, will be treated by Sofia, as Data Processor, in compliance with EU Reg. 679/2016 and, as applicable, of the Legislative Decree 196/2003 and subsequent amendments (so-called "Privacy Code"), in the manner indicated in the aforementioned Privacy Policy.

3. By using the Luckey Guest App, the User fully accepts everything reported in 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. The Licensor however reserves the right, in its sole and unquestionable discretion, to modify the content of this License at any time without prior notice. If this occurs, the Licensor will give notice of these changes through a notification sent through the same App. The use of the App following the sending of this notification implies that the User fully accepts the License in the resulting new text. from the changes made.

 

2. Definitions

1. For the purposes of this License, the terms indicated below, if indicated with an initial capital letter, will have the following meaning:

"Credentials": indicates the combination of username and password chosen by the Guest during registration (ie the different password as subsequently modified by the Guest) and used to log into the Luckey Guest App, so that the smartphone or the different device on which it is installed allow the Guest to use the Service. 

"Guest": indicates the subject who, using the Luckey Guest App, can cross one or more gates inside a Plant.

"Manager": indicates the subject who, through the use of the Luckey Web software, can use the Service and enable the Guest to use the Service.

"System": indicates the set of gates attributable to an ACS - CD (Access Control System - Cloud Domain) and managed by the same Manager.

"Platform": indicates the cloud ACS platform used for the use of the Service.

"Service": indicates the system-based opening service.

"System": indicates Sofia 's remote key delivery IT system consisting of the Luckey Web software, the App called "Luckey Guest" and hardware devices (such as, for example, gateways, perimeter gates, NFC badges and Smart Locks) which interact directly or indirectly with the Platform.

 

3. Use of the Luckey Guest App

1. The Luckey Guest App is an IT application - the operation of which is illustrated in detail in the Luckey User Manual, available on the Sofia website and which must be understood as reported here for all that is relevant - which allows the User , through Sofia 's remote key delivery system , to be enabled by the Manager to open one or more gates inside a Plant for a certain period of time.

2. 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.

3. In order to exclude or reduce the risk of unauthorized access to the gates of a Plant, it is the specific responsibility of the User to use every suitable measure to exercise exclusive control over the material availability of the smartphone or of the different device on which the Luckey App is installed. Guest 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 deviceon which the App Luckey Guest is installed as well as with the compromise of its integrity, and also undertakes to immediately notify the Manager of any event from which it may derive, even if only potentially, an unauthorized or in any case abusive use of the smartphone or of the different device on to which the App is installed in order to allow the Manager to promptly take the measures deemed appropriate or necessary to avoid unauthorized access.

4. In accordance with the foregoing, the Licensor cannot be held liable in any way for any damage, 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 of the different device on which the Luckey Guest App is installed which is the consequence of any intentional or culpable act of the User.

5. The User undertakes to indemnify the Licensor substantially and procedurally, keeping him harmless from any loss, damage, liability, cost or expense, including legal fees, with respect to any third party claims, including the Manager, deriving from the use unauthorized or otherwise abusive of the smartphone or of the different device on which the Luckey Guest App is installed.

 

4. Intellectual property

1. The Luckey Guest App is an intellectual work protected by copyright law (law 22 April 1941, n. 633 and subsequent amendments and additions) as well as by current EU and international intellectual property legislation. The rights on the Luckey Guest App belong to Sofia and / or its assignors, who, subject to the full acceptance of this License, grants the User free of charge and for the whole world the non-exclusive right, revocable with the procedures provided for in paragraph 4 below and not transferable to third parties, to use the Luckey Guest App exclusively for the use indicated within this License.

2. The User acknowledges and agrees that the Luckey Guest App contains secret information of the Licensor and / or its assignors including, by way of example, the relevant source and object codes of the Luckey Guest App, any information on the codes and / or on the logical structure of the App Luckey Guest 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 to disclose said information and content to third parties, if it is in possession.

3. In accordance with 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 the Play Store (in case of use via smartphone or other compatible device 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 point 3 of this License, to use the Service.

4. This License starts from the date on which the User installs the Luckey Guest App on a smartphone or on a different devicecompatible by expressly accepting the Terms of Use and will remain in force until its modification by the Licensor in accordance with paragraph 1.3 and / or the termination and / or withdrawal of a part. 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 ceases for any reason, this License will automatically and simultaneously lose its effectiveness. The User can 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 full or partial copies of the App in his possession or control.The provisions relating to the reservation of rights, confidentiality, limitation of liability and applicable law will survive the termination for any reason of this License. The Licensor has the right to revoke this License by written communication, also via e-mail, to be sent to the other Party with at least 15 days' notice.

5. Any use of the Luckey Guest App by the User for purposes other than those indicated in this License must be considered unauthorized by the Licensor and, therefore, expressly prohibited. By way of example, the following are prohibited:

 

5. Access authorization

1. The User is aware that the authorization to access one or more gates of a Plant is in the exclusive availability of the Manager, and not of Sofia, with the consequence that the latter cannot in any way be held responsible for any damage, direct or indirect, connected with the impossibility of accessing one or more gates of a Plant that are a consequence of the fact of the Manager.

 

6. Internet connection

1. The download and installation of the Luckey Guest App by the User, and in some circumstances also its use, require that the smartphone or the different compatible device on which the App has been installed must have an Internet connection active. Internet connection may be subject to the rates, restrictions and limitations specifically provided by the connectivity service provider. All costs relating to the Internet connection are fully borne by the User.

 

7. Disclaimer

1. 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 found"), without - with the sole exception of the guarantees strictly and without prejudice to the law applicable to this License - the Licensor itself provides no implicit or explicit guarantee in relation, among other things, to the absence of errors, to its correct functioning or to the suitability for a particular purpose or result. In any case, it remains understood that, if the User intends to assert a guarantee that is strictly and legally required by law, he must previously notify the Licensor of this circumstance.

2. Without prejudice to the hypotheses of liability which are strictly and imperatively provided by the law applicable to this License, the Licensor will therefore not be liable in any way for direct or indirect damages deriving from the use that the User makes of the App Luckey Guest, whether they are foreseeable or not, including, but not limited to, the loss of profit, damages deriving from failure or delayed opening of one or more gates attributable to a Plant, damages deriving from unauthorized access to one or more gates attributable to a Plant, the damages deriving from the damage to the smartphone on which the Luckey Guest App is installed and the damages deriving from the cancellation of data from the smartphone itself.

3. The Licensor reserves the possibility, even without assuming any specific obligation in this regard, to periodically release updates or patches of the Luckey Guest App. If the User installs these updates or patches , the conditions provided for in this License will also apply with respect to these updates or patches , provided that there are no different and additional license conditions applied by the Licensor to the latter.

 

8. Applicable law and jurisdiction

1. 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.

2. Without prejudice to the cases in which the jurisdiction is mandatorily established by law, all disputes deriving from, or in any case relating to this License, will be subject to the exclusive jurisdiction of the forum of Milan (Italy), with the express waiver of the User to any exception to this hole.

 

9. Invalidity or partial ineffectiveness of the License

1. If one or more clauses of this License are deemed void, voidable or in any case ineffective by the competent judicial authority, in no case will such nullity, voidability or ineffectiveness have effect on the remaining clauses, having to be understood as aforesaid as amended, in a compliant sense to the alleged or presumed intention of the Licensor, to the extent and in the sense necessary so that the competent judicial authority can consider them valid and effective.

 

10. Communications

Any communication from the User relating to the content of this License must be sent to: Sofia Srl Piazza della Vittoria 47 - 26900, Lodi (LO), e-mail: support@sofialocks.com.

 

 

 

For express acceptance 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