Welcome to KleverKey Services
We are pleased you have purchased a product that contains our software! The product is not usable without your accessing the KleverKey Services. Hence, we have to regulate our relationship.
What follows is the legal agreement between you and Swissprime Technologies AG, Switzerland, (hereafter “SPT”) so please read these Terms (the “Terms”) carefully before using the Services.
These Terms govern your access to and use of the KleverKey software and services via our websites and mobile applications.
This contract shall be ruled exclusively by the laws of Switzerland, under exclusion of the United Nations Convention on Contracts for the International Sale Goods, 11 April 1980 (Vienna Convention) and the Federal Code on Private International Law.
Exclusive venue are the courts at the registered office of SPT, Switzerland.
1. What is KleverKey?
SPT provides services called “KleverKey” via our website www.kleverkey.com or the KleverKey mobile applications (the “Application(s)”). Both the website and the Application shall hereinafter be referred to as the “Site“. The Site includes all the software and services we provide and shall be referred to as the “Services”.
Your Personal Data is used a) to provide, administer and improve our Services, b) to fulfil requests you may make, c) to personalize your experience, d) to provide Service announcements, e) to provide you with further information and offers from KleverKey or Swissprime Technologies to administer promotional activities and to comply with our legal obligations.
2. Set up your user account
Get started by registering for a user account for the Service. Please make sure that the information you provide in the account registration form (the “Registration Information”) is accurate and complete. Your Registration Information will be uploaded to the Services, including your email address. By doing so, you grant us the right to use your Registration Information and any other information you provide in connection with the operation of the Site. This use will only be in connection with the operation of the Site. Your email-address will be used by us to send you notifications and other account-related communications.
You are responsible for all uses of your account and login information, whether or not authorized by you. So make sure you use strong passwords (e.g. that contain upper and lower case letters, numbers and symbols), and always maintain the confidentiality of your password.
Please notify us immediately if you are aware of any unauthorized use of your account, login information or password. In such case, change your password immediately to prevent further unauthorized use.
3. Your Lock Pin
To connect your Device with your mobile device and the Services, you are provided with a Lock Pin for every purchased Device. You find your Lock Pin in your Devices package.
Please make sure you store your Lock Pin at a save place and keep it secret all the time. The abuse of your Lock Pin by somebody else than you may enable this person to take over control of your Devices and the Services. You will have to change all your Devices in such case.
SPT rejects all liability for damages and losses caused by an abuse of the Lock Pin.
4. License Agreement and Update Services
Subject to these Terms, SPT grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services by (i) using the Site in connection with the controlling and monitoring of the Devices installed on your property, or that you have been validly authorized to access, and (ii) installing and using the Applications on your own mobile device (e.g., iPhone or Android smartphone) for the purposes set forth in (i) above.
We may from time to time update the Services, for example by providing bug fixes, new functionality or modifications (collectively “Updates”). Updates may be done and to be downloaded from time to time to ensure security updates, cover bugs etc. If you do not agree, please stop using the Services as security may not be sufficient anymore. If announced so by Swissprime Technologies AG, the Service may not be usable anymore. We may also ask you to install Updates yourself, and you agree to do so promptly. Updates are subject to these Terms together with any additional terms that may be provided with such Update. Your continued use of the Service is your agreement to all such additional terms.
If you do not promptly install Updates provided to you by us, the Service may not function properly. SPT rejects all liability for such damages.
5. Content on the Services
The content you find in relation with the Service (including, but not limited to text, data, graphics, images, video, audio and other material (collectively “Content”) may be protected by copyright laws of Switzerland and elsewhere.
We do not accept any responsibility or liability for any content posted by third parties on the Services, including content posted by other members (“Third Party Content”).
Except as may be expressly agreed by us, you may use the Content solely for your personal use in connection with the Services, and may not distribute, modify or make derivative works of any Content. Use of the Services does not confer ownership rights to the Content. Please be aware that personal images are protected under Swiss Law and that you are not entitled to make use of any personal images of other users.
We reserve the right to remove any Content from the Service at any time for any reason (including, without limitation intellectual property claims) or no reason at all.
6. System Requirements
To run the Service, the following is required: (i) a valid user account; (ii) mobile clients such as a supported phone with a working data and a working Bluetooth or NFC connection; (iii) other system elements that may be specified by SPT.
Check here if you want to find out whether your mobile device is compatible with our Services: https://www.kleverkey.com/compatibility/.
It is your responsibility to ensure that you have all required system elements and that they are compatible, up to date, properly configured and that the Device is always equipped with a fully charged and operating battery. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.
7. The KleverKey Plans
We offer different plans (the “Plans”) with additional functionalities to fulfil your needs for using the Service. You can, however, use most, but not all, of the Devices sold by our partners without subscribing to a Plan.
By subscribing to and paying for a Plan (https://www.kleverkey.com/kleverkey-plans), you will be entitled to using the Services as lined out in the Plan for the time period agreed on (the “Period”). The Plan is automatically renewed after expiry of the Period. We will send you a notification about the oncoming renewal of the Plan (“Renewal Date”), and will, if you do not unsubscribe your Plan before the Renewal Date, charge you with the amount due for one more time period of subscription to the same Plan.
You may unsubscribe from a Plan anytime, however no refunds will be made for the then current Period. So make sure you unsubscribe from your Plan in time if you do not want to renew it for another time period.
These Terms also apply to all usage of the Services by guests.
A “guest” is any person or entity that is given authorization by the owner or controller of a Device to use the Device and the Services related to the Device. Please be careful to only invite persons you trust as guests; by inviting someone to be a guest, you are giving them the ability to access to operate your Device.
Additionally, your Personal Data, mobile phone and Service information may be shared with the guests, such as your name and Device location, and the status of the Device (locked, unlocked etc.).
In order to prevent fraud (e.g. “man-in-the-middle-attacks”) or illegal or other misbehaviour you are shown the public key fingerprint (i.e. a sophisticated code) of the guest you are about to invite. Before you send your invitation, always call or contact your guest by other means and verify his identity by comparing the codes displayed and in doing so, exclude the possibility of some man-in-the-middle-attack. SPT rejects all liability for damages and losses occurred by the use of your Devices by unwanted guests.
When you invite a guest to use your Device or Services, you are responsible for their use, and any damages that they may cause to you, SPT or even a third party. Therefore, choose your guests carefully!
Guests have to setup a user account just like any other user and in doing so, guests agree and accept these Terms and enter into a legal contract with SPT. Besides, guests should be aware that the owner or controller of the device will be able to see all the information about their use and access of the Device and Services and may revoke or limit access rights in their discretion without notice.
9. Third Party Websites, Devices and Services
Any Other Services are provided solely as a convenience to you. We are not in the position to exercise control over such Other Services. We do neither endorse the materials contained on Other Services nor are we responsible for the performance of the Other Services. You acknowledge and agree that SPT makes no representation or warranty about the safety of any Other Services. Accordingly, SPT is not responsible for your use of any Other Service or any damage or other harm or losses arising from or relating to your use of any Other Services.
SPT does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through or in connection with the Devices or Services (including, but not limited to, “Other services” or third-party products and services connected through our Services) or any hyperlinked website or service.
10. Your Use of the Site and Services
You agree to use or have used the Site and the Services only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Site or Services. We may, at our sole discretion, monitor the use of the Service or any Content in order to operate the Service and to ensure compliance with these Terms.
You may not use the Services in any manner that in our sole discretion could damage, disable, overburden or impair the Services.
You may not interfere with or damage the operation of the Services or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms or other malicious code.
You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services.
You may not attempt to gain unauthorized access to the Services, or any part of it, other accounts, computer systems or networks connected to the Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You agree neither to modify the Services in any manner or form, nor to use modified versions of the Services, including, without limitation, for the purpose of obtaining unauthorized access to the Services.
You shall be liable for any breach of these Terms and these provisions in particular. Furthermore, we reserve the right, but are not obligated, to remove or disable your access to the Services or any Content therein, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. Also see Sec. “Term and Termination” below.
11. Termination and Service Changes
These Terms apply as long as and for any use of the Device through our Services whether or not you have subscribed to a Plan.
Subscription-based agreements are automatically terminated by the end of the time period if not renewed with the corresponding payment. If the subscription is not renewed with the corresponding payment, the subscription will be downgraded to the lowest level (free if available) or cancelled by Swissprime Technologies AG if appropriate.
We reserve the right to suspend or terminate your use of the Services or your access to the Site immediately and at any time, if we – at our sole discretion – find that your use of the Services is not compliant with these Terms, or you use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. In case of immediate termination of this Agreement, you are not entitled to any refunds, neither fully nor partially, be it with regard to the price payed for your Device or for the Plan you subscribed to.
SPT makes no representation regarding the continuation of the Service. We may for various reasons such as, without limitation, economical, technical or other reasons, see ourselves forced to shut down the Service. You are not entitled to compensation of any kind of nature in such case.
If you transfer your Device to a new owner, please note that your account is not transferable, and the new owner will have to register for a separate account in order to use the Services. No reimbursement will be done.
12. Limitations of Warranty
Our aim is to make the Services highly reliable and available; however, it may not be available all of the time. SPT does not warrant that the Services will be uninterrupted or error-free. Although handled with great care, the Services is not guaranteed to be available all the time. It may be unavailable for different reasons beyond SPT’s control, as our Services rely on various interoperations over which we have no control. These third-party products and services (such as, without limitation, your Wi-Fi and mobile network and coverage limitations, problems at our service provider and acts of force majeure, but also common situations such as the fact that your mobile device may be locked for some reason) may not operate in a reliable manner all of the time, and they may impact the way that the Services operate. SPT is not responsible for damages and losses due to possible failures in operation of these third-party products and services.
To the fullest extent allowed by law, SPT is not responsible for damage or liability caused by (i) use of the Device and Services for purposes other than for which the Device and Services are designed or intended, or use in improper temperature, humidity or other environmental conditions, or use of the Device or Services in violation of written instructions provided by SPT or the seller (which may be provided at the time of purchase or on its website), (ii) normal wear and tear or aging, or improper repair, operation or maintenance or connections to improper voltage supply or the usage of improper batteries, to the extent allowed by law, attempted repair by anyone other than a facility authorized by SPT to service your Device.
The Device must be correctly installed and used with a certified lock that is operating in good condition. You assume all risk associated with the suitability, installation and performance of the lock and other third-party components, hardware, software and services. Furthermore, you have to secure your Device is always equipped with a sufficiently charged battery or is connected to a suitable power supply. We may, but are not obliged to, send you notifications by email or push message (in case you have enabled this function in the settings of your user account) if the Services monitor a weak battery charge. Regardless of this service, it remains your responsibility to replace a weak battery.
13. Limitations of Liability
SPT is liable for damages cause for intent or gross negligence or personal damage. Furthermore, to the fullest extent permitted by law, SPT is not liable for any direct, indirect or consequential damages (including, without limitation, loss of use, data, business, or profits) resulting from a slightly or mildly negligent breach of this contract.
Any liability for assistant staff is fully excluded.
14. Modifications to the Terms
SPT may change these Terms from time to time. You will be notified in advance by adequate means. Your continued use of the Services after the revised Terms have become effective means that you agree to the revised Terms and are bound by them.
The current version of these Terms will be posted on the Services.
15. Severability and Miscellaneous
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be severable from these Terms or reduced to the extent permitted by law. Any of such clause shall not affect the validity and enforceability of any remaining provisions.
The headings and sections are for convenience only and have no legal effect.
Swissprime Technologies AG may sell, transfer or otherwise share some or all its assets, including your Personal Data, in connection with a merger, acquisition, reorganization or sale of assets to a third party.
Swissprime Technologies AG may sell data to third parties only if irrevocably anonymized prior to the transfer of such data.
16. Contact us
We welcome you to contact us. That’s how you find us:
Swissprime Technologies AG
Phone: +41 44 630 70 70
Effective: May, 2018