Terms and conditions

Terms and conditions

General conditions for Zaplox application

Date of latest version: September 10, 2016

Introduction

This document contains the general terms and conditions (“Terms and Conditions”) that govern how you (“you / your”) may use the mobile key application (“Application”) owned and controlled by Zaplox AB, reg. No. 556816-4460, Scheelevägen 17, 223 70 Lund (“Zaplox”).

The Terms and Conditions constitute a binding agreement between you and Zaplox and are deemed accepted by you each time you use or download the application or use any other services offered by Zaplox via the Application (“Service / Services”). If you do not agree to the Terms and Conditions you are not allowed to use the Application or any of the offered services.

If you are responsible for ordering one or more mobile keys by having signed an agreement regarding the arrangements for the use of Zaplox mobile key systems Zaplox, entitles you in appropriate parts of the Terms and Conditions as a key publisher (“Key Publisher”). If you are a beneficiary of a mobile key that has been ordered for you by a Key Publisher and you therefore have undertaken to be bound to the by Zaplox issued and the Key publisher provided, terms and conditions of the Zaplox mobile key system, you are in appropriate parts of the Terms and Conditions called the key recipient ( “Key Recipient”).

If you breach the Terms and Conditions, your access to and use of the Application or the Services may be suspended or terminated, at Zaplox discretion and without Zaplox having any liability towards you. When your right to use the Application expires, all your mobile keys are canceled.

Eligibility

By downloading and using the application you warrant that you are at least 18 years old, or that you otherwise have parental consent and are under parental responsibility.

Account password and Personal Code

In conjunction with the installation of the downloaded application by you, you must create a personal account. This account should be protected by your personal account password for access to the Application. You can also enter a personal four-digit code (PIN) to lock the Application with.

You should immediately after your creating the account password and PIN memorize these. The account password and PIN should be treated as a valuable document. You agree not to disclose your account password or PIN to anyone, and not to write it in a way that allows it to be traced to the Application. You agree to change your account password and PIN if it is suspected that an unauthorized person has become aware of them.

Key Management

When you have downloaded the application and created your personal account, you log in using your personal information. The keys provided to you by the Key Publisher will automatically be pushed to your device after you have followed the by the application provided instructions and verified ownership of your account. Alternatively you log in to the application and and select the “add key” functionality to add keys. The mobile key is active in accordance with Key Publisher’s instructions.

Mobile keys should be handled with the same precautions as regular mechanical keys. You should take appropriate steps to protect yourself against your mobile key, account password, personal key code or, where appropriate, the personal login code assigned to you being used without authorization by anyone else.

Information and messages

Key Publishers have the ability to enable a message service to issue notifications of certain commands (closing/opening the door). Such messages are sent to Key Issuer via SMS or other message function.

Loss of cell phone

You are required to directly block any and all ordered and received mobile keys in case of loss of your phone. This is done by you as a key receiver contacting the Key publisher(s) personally, or if appropriate use the Key Issuer’s Internet-based key management.

Costs

Download and use of the application is free, except for any user charges for mobile and internet traffic arising out of the use of the Services offered by the Application. Conditions for such traffic charges are governed by separate agreement between you and your mobile or internet provider and the charges in question may vary in the light of the said agreement and other circumstances. All and any service fees under all circumstances are borne solely by you. Zaplox cannot in any circumstances be liable for payment thereof. You should, in the light of the above, be aware of and attentive to the conditions applicable to your mobile use or internet use by your use of the Application and the Services.

Customer Support

If you have questions regarding the Application, the Service or the Terms and Conditions, please feel free to contact customer service via Zaplox customersupport@zaplox.com.

Messages

Message sent to you via email, SMS or other equivalent electronic communication function shall be deemed to have reached you by the next working day, provided that the notice has been sent to the address or mobile number that you have indicated to Zaplox.

Use

You agree herewith that under no circumstances

copy, reproduce, duplicate, sell, resell, distribute or otherwise commercially use the Application, or part thereof, or service (such as, but not limited to, images, text, code and functionality) without express approval in the General Terms;

sell or attempt to sell access to the Application or Service;

provide, disclose or make available your account password and PIN to anyone, or use another user name, account password or PIN code;

apply reverse engineer, decompile, modify, or create derivative or modified works based on the Application or Service or any part thereof;

circumvent any technology used by Zaplox, Zaplox licensors or other third party to protect content accessible via the Application or Service;

rent or lease any portion of the Application or Service;

use the Application or Services in a manner that is contrary to the Terms and Conditions;

evade territorial restrictions applied by Zaplox;

manipulate the application or service through the use of some form of automatic process;

import local files to the service, which you have not acquired legally;

You agree further to take all reasonable steps to prevent unauthorized use of the Application and its contents, or parts thereof.

Zaplox reserves the right to remove or reclaim your username if Zaplox, at its sole discretion, considers this appropriate. Zaplox further reserves the right to terminate your account and block your access to the Application or Service if you breach the limitations above. Zaplox reserves the right, at its sole discretion, make such action at any time, with or without notice to you and without any liability towards you.

Intellectual property

Zaplox respects third party intellectual property rights and requires that you do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works is an infringement of the holders’ rights. Please note therefore that the Application, Service and their content belong to Zaplox or Zaplox licensors and is protected by intellectual property laws and that you have no right to use the Application or Services, in whole or parts thereof, in any manner not expressly permitted by the Terms and Conditions.

You have no right to infringe third party intellectual property rights in the use of the Application or Service. This means that you, for example, do not have the right to import or copy files to the Application, which you have not acquired legally. You may not use the Application or Service to transmit, publish, distribute, store or destroy material in a manner that violates the rights of others to privacy, publicity or otherwise, or in a manner that is defamatory, obscene, threatening, abusive or hateful.

You may not remove, alter or otherwise use any logo, trademark or other notice of intellectual property protection that appears on or provided through the Application or Service.

Zaplox reserves the right to terminate your account and block your access to the Application or Service if you are a repeat infringer of the copyrights or other intellectual property rights of Zaplox or third parties. Zaplox reserves the right, at its sole discretion, make such action at any time, with or without notice to you and without any liability to you.

Personal Information

Zaplox complies with applicable laws and regulations governing the protection of personal data.

In order to register the Application or provide you with a service, Zaplox needs to have access to certain information about you, known as personal data. These data are comprised of such things as your e-mail address and your phone number. Your stored personal data is used only to administer the service, and for, in some cases, conducting user and market research.

Zaplox does not reveal, other than for purposes that are apparent from or specifically mentioned in what is stated above, your personal information to third parties without your prior consent, except where you have requested some concrete information or service and this requires disclosure of your personal information; or when otherwise required by law.

Zaplox implement procedures to ensure that Zaplox’s internal processes meet strict safety requirements. Zaplox makes every effort to ensure that third parties who work with Zaplox apply the same rules as Zaplox for the protection of the personal information they obtain during their collaboration with Zaplox.

Disclaimer of Warranties

To the extent applicable and permitted by applicable law, Zaplox leaves no warranties or pledges that the Application or Service are operating properly or that the application is free of computer viruses or other harmful mechanisms. If your use of the Application or the Service results in the need for repair or replacement of equipment or data, Zaplox is not responsible for the costs thereof. Applications and Services are provided “as is” without any warranties or pledges of any kind. To the extent permitted by law, Zaplox disclaims all warranties and pledges, whether expressed or implied, including the warranties of merchantability or fitness for a particular purpose and non-infringement of third party rights. Zaplox does not guarantee the accuracy, reliability, completeness, or timeliness of application, service, graphics, text or links.

Disclaimer

Zaplox is not responsible for damage due to Swedish or foreign legislation, Swedish or foreign authority, acts of war, strikes, blockades, boycotts, lockouts, or other similar circumstances. The reservation in respect of strikes, blockades, boycotts and lockouts shall apply even if Zaplox itself is subject to or takes such actions.

Losses incurred in cases other than listed above shall not be borne by Zaplox provided Zaplox has exercised normal care.

Zaplox not responsible under any circumstances for indirect damages, consequential damages, or lost profits, unless the damage was caused by Zaplox’s gross negligence.

Zaplox can under no circumstances be held liable for damage or loss due to loss of data, downtime, or downtime that is due to lack of functionality in the electricity or telecommunications networks or in other networks for data transfer.

Governing Law

Your use of the Application and/or Services, as well as the Terms and Conditions are governed by Swedish law. Any disputes shall be referred to and settled by court.