Terms and conditions

Luckey Web software

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

https://jago.cloud/legal/luckey/host/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 referred to as "Sofia" or "Licensor"), on the one hand , and the end user (hereinafter referred to as "User", "Licensee" or "Manager") on the other hand, relating to the use of the Luckey Web program (hereinafter referred to as "Software" or "Luckey Web Software") in the wider context of Sofia's cloud access control system.

2. Before using the Software, the User is invited to carefully read the contents of this License (and in particular the contents of the clauses referred to in points 1.3, 3.2, 3.3, 4.4, 4.5, 5.3, 6.1, 8.2, 8.3, 11.1, 11.2, 13.1, 13.2, 14.1) and the Privacy Policy relating to the processing of personal data carried out through the aforementioned Software: the personal data of the User who uses the Luckey Web Software and of the subjects (hereinafter referred to as "Guest" ) that, using Sofia's cloud access control system, can pass through one or more physical gates inside a Plant, will be processed by Sofia itself in compliance with EU Reg. 679/2016 and, as applicable, of the d .lgs. 196/2003 and ss.mm.ii. (so-called "Privacy Code"), in the manner indicated in the aforementioned Privacy Policy.

3. By using the Luckey Web Software, the User fully accepts all the contents of this License (and in particular the content of the clauses referred to in points 1.3, 3.2, 3.3, 4.4, 4.5, 5.3, 6.1, 8.2, 8.3, 11.1 , 11.2, 13.1, 13.2, 14.1) 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 happens, the Licensor will give notice of these changes through a notification sent through the same Software. The use of the Software subsequent to the sending of such notification implies the User's full acceptance of the License in the new text resulting 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:

"Luckey Account": indicates the account attributable to a Manager and relating to a Plant, which has been created on the Platform, and which is necessary to create, modify, delete or disable the Guests, create, modify, cancel or disable the rules access for smartphones, create, modify, delete or disable the access rules for NFC and Pin badges, view the access log and, more generally, to use the Service.

"Code": indicates the Legislative Decree 30 June 2003 n. 196 and subsequent amendments and additions, even if subsequent to acceptance of this License.

"Guest": indicates the subject who, by using the Luckey Guest App, or the different tool made available by the Manager (eg, NFC badge) can pass through one or more gates inside a Plant.

"Hardware": indicates the set of devices (such as, by way of example, gateways, devices for perimeter gates, NFC badges) possibly required by the specific type of System installed, different and additional compared to smartphones and Smart Locks.

"Manager": indicates the subject who, through the use of the Luckey Web Software, can create, modify, delete or disable the Guests, create, modify, delete or disable the access rules for smartphones, create, modify, delete or disable the access rules for Cards and Pins, view the access log and, more generally, 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, and equipped with different characteristics and functions according to the type chosen (Easy, Standard, Professional, Smart) .

"Smart Device" or "Smart Lock": generically indicates a cc.dd lock. intelligent, which must be installed on each gate (or door) attributable to a Plant, and which is necessary for the use of the Service.

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

"Regulation": indicates Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data, as well as on the free movement of such data and which repeals the directive 95/46 / EC (general data protection regulation).

"Data Processor" or "Main Data Processor" (or also, briefly, "Data Processor"): indicates the Company Sofia srl, which the Data Controller, with the acceptance of this License, designates as Data Processor, for the purpose of proceed with the processing of your personal data.

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

"System": indicates the Sofia cloud access control system consisting of the Luckey Web Software, the App called "Luckey Guest" as well as any additional Hardware that may need to interact with the Platform.

"Sub-Data Processor" (or also, briefly, "Sub-Data Processor"): indicates the Company that the Data Processor can designate as a further Data Processor.

"Data Controller" (or also, in summary, "Owner"): indicates the subject to which Sofia has licensed the use of the Luckey Web Software, referred to in this License as "User", "Licensee" or "Manager" who, therefore, it proceeds to the processing of the personal data of its users ("Guest") and, in any case, of the interested parties who confer their personal data on it.

3. Use of the Luckey Web Software

1. The Luckey Web Software 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 as reported here for all that it detects - which also allows to the User, through the Sofia Cloud Access Control System, of:

create, modify, delete or disable the Guests;

create, modify, delete or disable the access rules for smartphones;

create, modify, delete or disable the access rules for Cards and Pins;

view the access log;

create, edit, delete or disable other Manager users.

2. The use of the Service through the Software is subject to the Manager's possession of everything indicated in the relevant section of the Luckey User Manual, and in particular: a computer, a tablet or a smartphone equipped with a browser and a connection to the Internet, one or more Smart Devices, the additional Hardware possibly required by the specific type of Plant installed, as well as a subscription plan for the active Service. In the absence of the foregoing, the Manager will not be able to use the Service. It is the specific responsibility of the Manager to procure the legitimate possession and availability of the foregoing in order to be able to use the Service.

3. Although the Luckey Web Software and, more generally, the Sofia Cloud Access Control System are technological solutions implemented according to adequate security standards (for information on which refer to what is indicated in the Luckey User Manual), they are exclusively suitable for private and residential use, or for commercial use not characterized by critical factors, and are therefore in no way adequate in order to manage the opening of gates that allow access to qualifiable areas - in a broad sense - as critical, sensitive or containing goods of significant economic value, such as, by way of example but not limited to, areas of plants, infrastructures, energy plants, healthcare structures and financial institutions.This License must therefore be considered characterized by a restriction of use of the Luckey Web Software for the opening of gates that allow access only to private and residential areas or to corporate and commercial structures that cannot be classified as critical. The Licensor declines any and all responsibility for damages deriving from the use of the Luckey Web Software and, more generally, the Sofia Cloud Access Control System, in violation of what is contained within this License and, in particular, in violation of the aforementioned restriction of use of the Luckey Web Software.The Licensor declines any and all responsibility for damages deriving from the use of the Luckey Web Software and, more generally, the Sofia Cloud Access Control System, in violation of what is contained within this License and, in particular, in violation of the aforementioned restriction of use of the Luckey Web Software.The Licensor declines any and all responsibility for damages deriving from the use of the Luckey Web Software and, more generally, the Sofia Cloud Access Control System, in violation of what is contained within this License and, in particular, in violation of the above mentioned restriction of use of the Luckey Web Software.

4. Luckey account

1. The Manager can use the Service by connecting to his Luckey Account, which during creation is associated with a specific e-mail box.

2. After its creation, access to the Luckey Account takes place through the use of authentication credentials (userID and password). The authentication credentials are strictly private and related to the User, and must in no case be transferred or made available to third parties. It is the specific responsibility of the User to use every suitable measure to guarantee the confidentiality of their credentials to access the Luckey Account.

3. The User is directly responsible for any activity carried out using his / her own Account or access credentials, and undertakes to communicate to Sofia any unauthorized or otherwise abusive use of the latter.

4. The Licensor cannot be held liable in any way for any direct or indirect damages of any nature suffered by the User as a consequence of the unauthorized or in any case abusive use of the Luckey Account or the User's access credentials put in place by third parties, if these damages are due to the failure to comply with the obligation of confidentiality of the access credentials. On the contrary, the User will be responsible for any and all damages, direct or indirect, suffered by the Licensor as a consequence of the use of his Account or his access credentials put in place by third parties.

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 deriving from the illicit use of his Account or the own login credentials.

5. Intellectual property

1. The Luckey Web Software 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 legislation on intellectual property. The rights to the Software 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 right, revocable in the manner provided for in the paragraph 5 below and not transferable to third parties, to use the Luckey Web Software exclusively for the use indicated in this License.

2. The User acknowledges and agrees that the Luckey Web Software contains secret information of the Licensor and / or its assignors including, by way of example, the source and object codes of the Software, any information on the codes and / or on the structure logic of the same 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 comes into possession of it.

3. This License starts from the date on which the User makes the first use of the Luckey Web Software expressly accepting the Terms of Use and will remain in force until its modification by the Licensor in accordance with point 1.3 and / or termination and / or withdrawal of a part. The Software License is functionally linked 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 may withdraw from this License at any time by ceasing to definitively use the Luckey Web Software without prejudice to the fact that, in the event of withdrawal by the User, the fee for the subscription plan already paid cannot be refunded,neither in whole nor for the period of time in which the Service has not been used. Upon termination of the License for any reason, the User must refrain from any further use of the Software. 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, except for the right of the Licensee to return the fee relating to the Subscription plan already paid for the period in which he cannot use the Service due to the withdrawal exercised by the Licensor.Upon termination of the License for any reason, the User must refrain from any further use of the Software. 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, except for the right of the Licensee to return the fee relating to the Subscription plan already paid for the period in which he cannot use the Service due to the withdrawal exercised by the Licensor.Upon termination of the License for any reason, the User must refrain from any further use of the Software. 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, except for the right of the Licensee to return the fee relating to the Subscription plan already paid for the period in which he cannot use the Service due to the withdrawal exercised by the Licensor.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, except for the right of the Licensee to return the fee relating to the Subscription plan already paid for the period in which he cannot use the Service due to the withdrawal exercised by the Licensor.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, except for the right of the Licensee to return the fee relating to the Subscription plan already paid for the period in which he cannot use the Service due to the withdrawal exercised by the Licensor.to be sent to the other Party with at least 15 days notice, except for the right of the Licensee to return the fee relating to the Subscription plan already paid for the period in which he cannot use the Service due to the withdrawal exercised by the Licensor.to be sent to the other Party with at least 15 days notice, except for the right of the Licensee to return the fee relating to the Subscription plan already paid for the period in which he cannot use the Service due to the withdrawal exercised by the Licensor.

4. Any use of the Luckey Web Software 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:

reproduction of the Luckey Web Software permanently or temporarily, in whole or in part, by any means and in any form, without prejudice to the reproductions necessary for the use of the Software in accordance with this License;

the translation, adaptation, transformation and any other modification of the Software;

distribution, rental and any other form of making the Software available to the public;

the reverse engineering of the Software, except as expressly provided for by mandatory laws;

the removal or cancellation in any way from the Software of any trademark, commercial name, copyright indication or other reserve notation of rights affixed or contained therein;

the development of products or applications based on the Software or that make use of it in any way;

the use of the Software to develop or spread computer viruses, malware or similar applications;

the export of the Software or parts of it in violation of export control laws.

6. Smart Devices and other Hardware necessary for the operation of the System

1. The provision of the Service requires that the gates that are part of a System are equipped with a Smart Device and that it is correctly installed and configured. It is understood that the purchase, installation, configuration, maintenance (including the possible replacement of batteries) and the software update of the Smart Devices take place entirely at the expense and expense of the User. No responsibility can be attributed to the Licensor in the event that the User cannot use the Service and / or for any and all direct or indirect damage suffered by the User as a result of the failure to purchase, the failure or incorrect installation, configuration, maintenance and / or failure to update the Smart Devices software.

2. For the correct installation, configuration and software update of the Smart Devices, please refer to the respective user manuals available on the manufacturer's website.

3. The provisions of this point 6 in relation to Smart Devices apply, mutatis mutandis, with respect to the other Hardware that may be required for the correct functioning of the specific type of Plant installed.

7. Subscription Content

1. Except in cases where the Service is provided on the basis of specific commercial agreements between Sofia and the User (so-called Personalized Subscription), the use of the aforementioned Service requires the User to subscribe to a specific Subscription plan .

2. By subscribing to a subscription plan or a personalized subscription, the licensee acquires the right:

to the hosting of the access control server hosting service;

a dedicated storage space in the cloud for secure storage of users and gate opening events;

maintenance and supply of periodic software updates;

remote online technical support;

to the daily back-up of data on the Platform.

3. The duration of the Subscription and the other applicable conditions (such as, for example, the maximum number of Smart Locks that can be part of the System and the maximum number of Guests that can be enabled) are defined in the relative contractual documentation.

8. Obligations of the Licensee in relation to certain regulatory obligations

1. The obligations related to the lawfulness and legitimacy of the data processing carried out by the Licensee through the use of the Service, and that the law places on the Licensee himself in his capacity as Owner of the processing of personal data or for other reasons, such as by way of example and not exhaustively, those provided for by art. 4 of the law n. 300/1970 and by articles 35-36 of Reg. 679/2016, are charged to the Licensee himself.

2. It is understood in any case that no responsibility, direct or indirect, can be attributed to the Licensor for the failure by the Licensee to comply with the obligations referred to in paragraph 1 of this point 8.

3. The Licensee undertakes to substantially and procedurally indemnify the Licensor, keeping it harmless from any loss, damage, liability, cost or expense, including legal fees, with respect to any third party claims or penalties deriving from failure by the Licensee to comply with the requirements referred to in paragraph 1 of this point 8.

9. Designation of Data Processor

1. The User designates Sofia as Data Processor, pursuant to art. 28 of the Regulation, entrusting the Manager himself with the task of acquiring, registering, processing and, in general, processing the personal personal data of the Guests for the purposes of the execution of this contract, within the limits of the instructions provided by the Owner himself and, in any case, in the limits of the purposes strictly necessary for carrying out the operations for the functioning of the System.

2. The Data Processor undertakes to proceed with the processing of personal data in compliance with the instructions referred to in paragraph 1 above and with the regulations in force regarding the processing of personal data. In particular, the Data Processor undertakes to carry out these treatments:

adopting the most appropriate measures to comply with the collection methods and the personal data requirements provided for by art. 5 of the Regulation;

allowing interested parties to exercise the rights referred to in Chapter III of the Regulation, in the forms, in the ways and in the cases established by law or, in any case, assisting the Data Controller with adequate technical and organizational measures, insofar as this is possible, to in order to satisfy the obligation to follow up on requests for the exercise of the aforementioned rights;

adopting the security measures referred to in Article 32 of the Regulation and assisting the Data Controller in ensuring compliance with the obligations set out in Articles 32 to 36 of the Regulation;

proceeding with the authorization of the subjects who carry out the treatment, providing them with the necessary instructions, pursuant to and with the methods set out in art. 2-quaterdecies of the Code and, in any case, ensuring that the persons authorized to process personal data have committed themselves to confidentiality or have an adequate obligation of confidentiality;

proceeding with the appointment of the system administrator respecting the provisions issued by the Guarantor on the matter;

keeping the Register pursuant to art. 30 of the Regulation, also in relation to the treatments subject of this designation;

generally respecting all the provisions in force regarding the processing of personal data as well as implementing any jurisdictional and / or administrative measures adopted by the relevant authorities.

3. The parties acknowledge that the Data Controller undertakes to provide the interested parties with the information referred to in article 13 of the Regulation, with the exception of that indicated in the aforementioned article 13 par. 1, lett. a) and b) which, on the other hand, must be provided by the User in the manner deemed appropriate by the latter.

4. The Data Controller must immediately inform the Data Controller if, in his opinion, an instruction violates national or European Union legislation relating to data protection.

5. For the purpose of the supervision imposed by art. 28, par. 3, lett. h) of the Regulation, the Data Controller undertakes to fill in and transmit the questionnaires that the Data Controller intends to submit in order to verify compliance with the current rules on the processing of personal data as well as the instructions given.

6. The User, pursuant to art. 28, paragraph 2, of the Regulation, gives the Manager the power to designate other data processors in the event that the same, for the processing of data, makes use of natural or legal persons to whom he has possibly conferred the task of performing services and / or services of competence, according to the conditions referred to in the License, of the main Manager, undertaking to impose on the Sub-manager all the obligations contained in this designation to be borne by Sofia and, undertaking to perform, in the name and on behalf of the main Holder , the control activities provided for by the Regulations towards the Managers. The User declares to exempt the Principal Manager from giving him prior notice of the exercise of the option referred to in the previous point,it being understood that the Manager, where he makes use of this possibility, will keep available to the User a copy of the act of sub-designation that the User may request at any time.

7. This designation as Data Processor has the same duration as the License and will cease by right in the event of termination, for any reason, of the same.

8. In any case of cessation of the quality of Data Processor, the ceased Data Controller is required to delete all the personal data processed.

10. Internet connection

1. Use of the Luckey Web Software by the User requires that the computer from which it is used is equipped with an active Internet connection. 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.

11. Limitation of liability

1. The Luckey Web Software 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 assumptions 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 Luckey Web Software, 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 damage resulting from damage to the computer from which the Software is used and damage deriving from the deletion of data from the computer itself.

3. The Licensor will periodically release updates or patches of the Software. In this case, the conditions set out in this License will also apply to these updates or patches, provided that there are no different and additional license conditions applied by the Licensor to the latter.

12. Technical assistance

1. In the event of Software malfunctions, the User may contact Sofia's remote online technical support service at the addresses indicated in point 14 of this License.

2. In the event of malfunctions of the Smart Devices, the User must in any case contact the dealer from whom he purchased the latter or the manufacturer.

13. 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.

14. Invalidity or partial ineffectiveness of the License

1. If one or more clauses of this License or in the designation of the Manager referred to in article 9 are deemed null, voidable or in any case ineffective by the competent judicial authority or by the supervisory authority, in no case such nullity, voidability or ineffectiveness will have effect on the remaining clauses, having to be understood as aforesaid as modified, in a sense in accordance with the alleged or presumed intention of the Licensor, to the extent and in the sense necessary so that the competent judicial or control authority can consider them valid and effective.

15. 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: 11.3, 3.2, 3.3, 4.4, 4.5, 5.3, 6.1, 8.2, 8.3, 11.1, 11.2, 13.1, 12.2, 14.1.