Terms and Conditions of Use

Luckey Guest App



1. Nature and legal value of this document

1. These Terms and Conditions of Use (hereinafter referred to as “Conditions of Use” or “Licence”) are the agreement between Sofia s.r.l. (hereinafter referred to as “Sofia” or “Licensor”) on the one hand, and the end user (hereinafter indifferently referred to as “User”, “Licensee” or “Guest”) on the other hand, regarding the use of the Luckey Guest IT application (hereinafter indifferently referred to as “App” or “Luckey Guest App”) in the broader context of the Sofia Cloud Access Control System. 

2. Before using the Luckey Guest App, the User is invited to carefully read the content of this Licence (especially the content of the clauses under points 1.3, 3.3, 3.4, 3.5, 4.4, 5.1, 7.1, 7.2, 8.1, 8.2, and 9.1) as well as the Privacy Policy regarding the personal data processed through the above App: the personal data of the User using the Luckey Guest App, as well as the personal data of the person (hereinafter referred to as “Manager”) that, when using the Sofia Remote Key Delivery System, enables the User to pass through one or more physical gates within a System, will be processed by Sofia, as Data Processor appointed by the Customer, each for the personal data in respect of which they have ownership, within a specific Data Processing Agreement, in compliance with EU Reg. 679/2016 and, insofar as applicable, with Italian Leg. Decree 196/2003, as subsequently amended and supplemented (so-called “Privacy Code”), according to the methods specified in the above mentioned Privacy Policy.

3. In using the Luckey Guest App, the User fully accepts the content of this Licence (especially the content of the clauses under points 1.3, 3.3, 3.4, 3.5, 4.4, 5.1, 7.1, 7.2, 8.1, 8.2, and 9.1) and is therefore legally bound by it. Nevertheless, the Licensor reserves the right, at its sole and full discretion, to amend the content of this Licence at any time without prior notice. Should it do so, the Licensor will provide notice of such amendments by way of notification sent via the App. Using the App after the notification has been sent implies full acceptance of the Licence by the User in the new text resulting from the amendments made. 


2. Definitions

1. For the purposes of this Licence, the following terms, if starting with a capital letter, will have the following meaning:

“Credentials”: means the combination of username and password chosen by the Guest during registration (or the different password, changed subsequently by the Guest) and used to log into theLuckey Guest App, so that the smartphone or other device on which it is installed can allow the Guest to use the Service.   

“Guest”: means the party who uses the Luckey Guest App to pass through one or more gates within a System.

“Manager”: means the party who uses the Luckey Web software to use the Service and enable the Guest to use the Service.

“System”: means the set of gates traceable to a specific ACS – CD (Access Control System – Cloud Domain) and managed by the same Manager. 

“Platform”: means the cloud-based ACS platform for use of the Service. 

“Service”: means the gate-opening service predicated on the IT System.

“System”: means the Sofia remote key delivery IT system consisting of the Luckey Web software, the App called “Luckey Guest” and the hardware devices (for example, gateways, perimeter gates, NFC badges and Smart Locks) that interact directly or indirectly with the Platform. 


3. Use of the Luckey Guest App

1. The Luckey Guest App is an IT application that allows the User, through the Sofia Remote Key Delivery System, to be enabled by the Manager to open one or more gates within a System for a certain period of time. Its functioning is detailed in the Luckey User Manual, which is available on the Sofia website and which shall be deemed to be referred to herein for all matters of relevance. 

2. To use the Service via the Luckey Guest App, the Guest needs to own a smartphone or other device compatible with the System; the smartphone or other device must be intact and not have been tampered with and must have an Internet connection (wireless or data) as well as Bluetooth functions and active geolocation functions.  

3. In order to exclude or reduce the risk of unauthorised access to the gates of a System, it is the User’s specific responsibility to use all suitable measures to exercise exclusive control over the material availability of the smartphone or other device on which the Luckey Guest App is installed and to ensure that it is intact and has not been tampered with. The User is therefore directly responsible for any and all damage, whether direct or indirect, that is connected with failure to control the material availability of the smartphone or other device on which the Luckey Guest App is installed, as well as with its integrity being compromised; the User also undertakes to immediately inform the Manager of any event which may lead, even potentially, to unauthorised or otherwise improper use of the smartphone or other device on which the App is installed in order to allow the Manager to immediately take any measures deemed appropriate or necessary to prevent unauthorised access. 

4. As provided above, the Licensor shall in no way be held liable for any direct or indirect damages of any nature, suffered by the User as a consequence of unauthorised or otherwise improper use by third parties of the smartphone or other device on which the Luckey Guest App is installed which is the result of any intentional or negligent act of the User. 

5. The User undertakes to indemnify, both substantively and procedurally, the Licensor, and to hold it harmless from any loss, damage, liability, cost or expense, including legal fees, with respect to any claims from third parties, including the Manager, arising from unauthorised or otherwise improper use of the smartphone or other device on which the Luckey Guest App is installed. 


4. Intellectual property

1. The Luckey Guest App is an original work protected by copyright law (Italian Law no. 633 of 22 April 1941, as subsequently amended and supplemented) as well as by current EU and international intellectual property regulations. The rights to the Luckey Guest App belong to Sofia and/or its assignees, which, subject to full acceptance of this Licence, grant(s) the User a free-of-charge, worldwide, non-exclusive right, which may be revoked as provided for in paragraph 4 below and which cannot be transferred to third parties, to use the Luckey Guest App exclusively for the use described in this Licence. 

2. The User acknowledges and agrees that the Luckey Guest App contains secret information belonging to the Licensor and/or its assignees including but not limited to, the source and object codes of the Luckey Guest App, any information on the codes and/or logical structure of the Luckey Guest App and/or the techniques, methods incorporated in it or on which it is based; the User undertakes to keep this information and content secret and not to disclose it to third parties should it come into his/her possession. 

3. As provided for under point 4, paragraph 1, in order to use the Service, the User has the right to download the Luckey Guest App from Apple Store (if using a smartphone or other compatible device equipped with  iOS operating system) or from Play Store (if using a smartphone or other compatible device equipped with Android operating system), to install the App exclusively on smartphones or other devices compatible with the System which must be intact and not have been tampered with, and, subsequently, to use it in accordance with its function, as set out in point 3 of this Licence. 

4. This Licence commences when the User installs the Luckey Guest App on a smartphone or other compatible device and expressly accepts the Conditions of Use. It will remain in force until its amendment by the Licensor in accordance with paragraph 1.3 and/or termination and/or withdrawal by a party.  The Licence on the Luckey Guest App is functionally linked to the Service: therefore, should the User lose his/her right to use the Service for any reason whatsoever, this Licence shall automatically and simultaneously no longer be effective. The User may withdraw from this Licence at any time by uninstalling the Luckey Guest App. Upon termination of the License for any reason, the User shall refrain from any further use of the Luckey Guest App and shall promptly uninstall and destroy all complete or partial copies of the App in his/her possession or control. The clauses covering the reservation of rights, confidentiality, limitation of liability and applicable law shall survive the termination of this Licence for any reason. This is without prejudice to the Licensor’s right to cancel this Licence by informing the other Party in writing, including by email, with at least 15 days prior notice.

5. Any use of the Luckey Guest App by the User for purposes other than those described in this Licence shall be considered unauthorised by the Licensor and, as such, expressly prohibited. By way of example only, the following is prohibited: 


5. Enabling access 

1. The User is aware that enabling access to one or more gates of a System is under the exclusive control of the Manager, and not of Sofia, with the result that Sofia cannot be held liable for any direct or indirect damages related to the inability to access one or more gates of a System that are a consequence of the Manager’s control. 


6. Internet connection

1. The downloading and installation of the Luckey Guest App by the User, and in certain circumstances its use, require that the smartphone or other compatible device on which the App has been installed be provided with an active Internet connection.  Internet connection may be subject to the tariffs, restrictions and limitations specifically provided by the connectivity service provider. All Internet connection costs will be fully charged to the User. 


7. Limitations of liability

1. The Luckey Guest App is licensed to the User free of charge and, as such, is made available by the Licensor “as is”; with the sole exception of the warranties strictly and expressly provided by the law applicable to this Licence, the Licensor shall not provide any implied or express warranty with respect to, among other things, the absence of mistakes, its proper functioning or its suitability for a specific purpose or result. In any event, if the User intends to enforce a warranty strictly and expressly provided for by law, he/she must notify the Licensor in advance.

2. Without prejudice to the cases of liability strictly and expressly provided for by the law applicable to this Licence, the Licensor shall in no event be liable for any direct or indirect damages resulting from the User’s use of the Luckey Guest App, whether foreseeable or not, including but not limited to, loss of profit, damages arising from the failure to open or the delay in opening one or more gates linked to a System, damages resulting from unauthorised access to one or more gates linked to a System, damages resulting from damage to the smartphone on which the Luckey Guest App has been installed and damages resulting from the deletion of data from the smartphone. 

3. The Licensor reserves the right, without accepting any specific obligation in this respect, to release periodic updates or patches of the Luckey Guest App.  If the User installs such updates or patches, the terms of this Licence shall also apply to these updates or patches, unless the Licensor has applied other additional licence terms to them.  


8. Applicable law and jurisdiction

1. This Licence is governed by the Italian law, explicitly excluding application of the rules of private international law of that legal system. 

2. Except in cases where jurisdiction is strictly established by law, all disputes arising from or howsoever related to this Licence shall be submitted to the exclusive jurisdiction of the Court of Milan (Italy), with explicit waiver by the User of any objection to that court.


9. Invalidity or partial voidness of the Licence

1. Should one or more provision of this Licence be deemed null, void, or voidable by any court authority with jurisdiction over the matter, such determination shall not affect the remaining clauses; such null, void, or voidable provisions shall therefore be deemed automatically amended to align with the presumed or presumable intent of the Licensor, to the extent, and insofar as necessary to ensure such court authority might thereafter deem such provisions fully in effect and binding.


10. Notices 

All notices from the User regarding the contents of this Licence shall be sent to: Sofia s.r.l., Via San Girolamo 13, 25055 Pisogne (BS), email: support@sofialocks.com.




As explicit acceptance of the clauses under points: 1.3, 3.3, 3.4, 3.5, 4.4, 5.1, 7.1, 7.2, 8.1, 8.2, 9.1