1. SUBJECT OF AGREEMENT

1.1. dormakaba Switzerland Ltd ("dormakaba", "we" or "us") provides resivo, a cloud-based software-as-a-service solution (SaaS), as updated, upgraded or newly released from time to time (“Access Solution”). The dormakaba resivo Home App (including all related documentation, the “Application”) is a component of the resivo Access Solution. 

1.2. Any access to or use of the Application by You is subject to this dormakaba EULA. This EULA is a binding agreement between You and dormakaba and governs Your use of the Application. “You” or “End User” means (i) any individual person who has downloaded and installed the Application on a mobile device, and (ii) any organisation or entity represented by such person. 

1.3. Country Specific Terms. In addition, deviation or replacement of the general terms set out herein, there may be country specific terms which apply to You. Such country specific terms, if any, are set out in clause 18 – Country Specific Terms or in a country specific EULA for Home App.

2. YOUR ACCEPTANCE OF THIS EULA

2.1. PLEASE READ THIS DOCUMENT CAREFULLY. BY CLICKING ON THE ACCEPTANCE BUTTON OR SIMILAR BUTTON, YOU ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO USE THE APPLICATION.

2.2. Age Restriction. By using the Application, you represent that (a) in the country in which you live, you have reached the age of “majority”, are otherwise legally able to bind yourself to this EULA; and (b) if you have not reached the age of majority, you have obtained verifiable consent from a parent or legal guardian. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please do not use this Application before you have asked your parent or legal guardian for help. If you are the parent or legal guardian of a minor, you and the minor accept and agree to be bound by this EULA and you are responsible for supervising the minor in the use of the Application. Your access to and use of the Application may be terminated without warning if we believe, in our sole discretion, that you are under the age of majority and have not obtained verifiable consent from a parent or legal guardian.

3. ACCESS TO THE APPLICATION; SYSTEM REQUIREMENTS

Upon downloading and installing the Application on a compatible mobile device ("Device"), setting up an account within the Application, and applying the invitation code which you have received from dormakaba after the person or company that has designated You as Tenant (as defined below) moved You in within the resivo Access Solution, the Application allows You to interact with compatible dormakaba and/or third-party systems, products and services ("Compatible Systems"). In order to be able download and/or install the Application on your mobile Device, You may have to be registered in the app store of the country for which we provide the Application. You can find information on compatibility of Devices and systems and relevant app stores under the following link: https://techdoc.dormakaba.com/cds/go/resivo-tenants-welcome-en.

4. DESCRIPTION OF THE APPLICATION; FUNCtIONALITIES

4.1. resivo Access Solution. The resivo Access Solution is provided as a cloud-based software-as-a-service solution for the planning, management, maintenance and surveillance of digital access systems to apartment buildings, i.e., residential estates with multiple apartments, users and residents. To implement the resivo Access Solution for a specific apartment building or building complex (“Real Estate”), dormakaba or a dormakaba affiliated company enters into an individual agreement with a customer, typically real estate management company (“REM” or “Customer”). Customer is responsible to manage the resivo Access Solution for that Real Estate. Within the resivo Access Solution, REM will, among others, be able to add and manage Rental Properties and doors as well as associated Tenant contracts. The contractual relationships between dormakaba and Customer are governed by separate agreements and are not subject of this EULA.

4.2. resivo Home App. This Application is designed for Tenants of Rental Properties within a Real Estate. “Tenant” means an owner, resident or tenant of a Rental Property within a Real Estate. “Rental Property” means a confined space which may be rented or is owned by a such Tenant as one single rental property (e.g., an appartement together with an assigned compartment in the basement). In order to be able to use the Application, You must have been designated as Tenant within the resivo Access Solution and you must have received and activated the respective activation code for the Application.

4.3. Functionalities.

(a) Access and access management. Within the Application, Tenant can use the Device as a key to open doors to which Tenant has access. Tenant can also manage third party access (“Access Recipients”) to the Real Estate and its Rental Property by adding or revoking dormakaba access media (RFID keycards and key fobs) or send digital keys.

(b) Designation of Co-habitants. Tenant may designate within the Application a third party as co-habitant. Any person designated as co-habitant within the Application may use the Application in the same manner as the Tenant which has designated such person as co-habitant, except that the co-habitant may not withdraw access rights of Tenant.

(c) Update components of Rental Property doors. Tenant may further use the Application to update components of the Rental Property doors (for RFID keycard or key fob).

(d) Further description. The functionalities referred to above and further functionalities are described in more detail in the Application itself or the respective documentation.

5. LICENSE GRANT

5.1. License Grant. Subject to the terms of this EULA, dormakaba grants You a non-exclusive, non-sublicensable, non-assignable, and non-transferable right to download, install, and use the Application on a Device owned or otherwise controlled by You (i) for Your personal, non-commercial use in accordance with the Application's documentation; (ii) solely for the purpose and to the extent for which the use of the Application is intended, and (iii) solely for the purpose for which access is granted to You in Your specific case.

5.2. License Restrictions. Except as expressly permitted by this EULA, the license to download, install and use the Application is subject to the following conditions and restrictions:

(a) You must take suitable measures against unauthorised or illegal access to the Application.

(b) Unless applicable mandatory laws allow the following actions, You must not and must not permit a third party to (i) copy, reproduce, modify, reverse engineer, decompile, decode or otherwise attempt to determine the source code of protocols of the Application, in whole or in part, or (ii) access or use any part of the Application in order to develop, provide or use a similar or competitive product or service.

(c) You must not, and must not permit any third party to (i) bypass or breach any security protection used by the Application; (ii) access or use the Application other than Yourself through the use of Your own then valid account registration information, PIN or password; (iii) remove or alter any documentation or any copyright or proprietary notices from the Application related materials provided by dormakaba; (iv) provide to or through the Application information that are unlawful or contain, transmit or activate any harmful code such as virus or other routines designed to damage, impair or intercept systems, applications or data; (v) use the Application for any fraudulent or illegal act or in any manner that violates intellectual property or other rights of dormakaba or any third party.

(d) To the extent You access, or use or permit a third party to access or use the Application in, or in association withany hazardous environments, systems, or applications, any safety response systems, other safety-critical applications, or any other context in which the use or failure of the Application could lead to personal injury or severe physical or property damage, You are fully responsible for any such access granted and any personal injury or severe physical or property damage occurring as a result.

5.3. Fair Use Policy. You must not, and must not make a third party

(i) use the Application for purposes for which it is not intended, against the principles of good faith or to gain or attempt to gain unauthorised access to data, systems, networks or third party property;

(ii) involve a non-ordinary use such as hacking, circumventing the Application, dormakaba systems or any applicable pricing mechanism;

(iii) cause significant network congestion or disruption or otherwise adversely affect the resivo Access Solution or another person’s use of the resivo Access Solution.

6. RESERVATION OF RIGHTS

6.1. You do not acquire any ownership interest in the Application or any other rights thereto other than to use the Application in accordance with the rights to use and/or license granted to you in your specific case, and subject to all terms, conditions, and restrictions, under this EULA.

6.2. In the event that you provide dormakaba with feedback, suggestions, enhancement requests, desired features or recommendations regarding the use, operation or functionality of the Application ("Feedback"), you hereby assign to dormakaba all rights in the Feedback and agree that dormakaba will have the right to use the Feedback and related information in any manner it deems appropriate free of charge.

7. YOUT RESPONSIBILITIES

7.1. Access. You must have a compatible Device and be connected to the internet in order to download and install the Application. Not all Devices support all features of the Application, so You may need to check the availability of the Application for Your particular Device. If Your Device is not connected to the internet or is in “airplane mode”, You may not be able to use the Application. The Application only works with a Compatible System intended for use with this Application.

7.2. Duty of care

(a) You must take the necessary precautions to treat the Application and Your Device with appropriate care, keeping in mind that the Application and Your Device may be used for potentially critical functions such as providing and/or gaining access to closed areas, residential and/or commercial premises, locked rooms and/or other locations of a similar nature, and that any unauthorised use of the Application may have important consequences. You must treat Your Device and Application account registration information with the same level of security as You treat Your physical keys or wallet.

(b) You must (i) provide true and accurate information when signing up for access or making changes to Your account;  (ii) keep Your Device secure against unauthorised use or access of the Application by enabling a password or PIN or other similar security measure and protecting the confidentiality of Your password or PIN; (iii) make sure that all settings, required network connections, and changes necessary to operate the Application on or from Your Device are up to date and correct, (iv) keep Your Device and the Application current by downloading Updates as and when they become available; (v) immediately inform Your employer, account owner, property manager,  or other company or individual who has designated You as End User, if Your Device is lost or stolen, and/or if You think that Your PIN or password has been compromised in any way. If You sell, give away or otherwise dispose of Your mobile Device, You should remove Your SIM card from the Device; if You cease using Your SIM card, You should physically destroy it.

(c) dormakaba does not accept responsibility for any loss, damage, or any other claims that may arise from Your failure to comply with Your duty of care.

7.3. Management of Access Recipients. When (i) managing third party access (“Access Recipients”) to the Real Estate and Your Rental Property by adding or revoking dormakaba access media (RFID keycards and key fobs) or by sending or revoking digital keys, or (ii) designating Co-habitants, You are responsible for the correct granting and revoking of such access rights and to comply with any confidentiality and personal data protection obligations in that context.

7.4. Access Log Data for Common Doors. Customer or its authorised users may be able to see in the resivo Access Solution which RFID medium, digital key or physical key, including the name and/or mobile phone of the respective key issuer and/or key holder, has accessed a common door of the Real Estate and/or whether a RFID medium, digital key or physical key has been rejected by the lock of a specific common door. You are responsible to inform any third party Access Recipients to which you grant access about such Access Log Data.

7.5. Access Log Data for Rental Property Doors. You and any co-habitant designated by You within the Application can see in the Application, when which key has accessed the door to its Rental Property. Neither Customer, nor any technical support staff nor dormakaba developers will see or have access to Access Log Data of doors to Rented Rental Properties, unless Tenant (or co-habitant) actively provides it to a technical support function. You are responsible to inform any third party Access Recipients to which you grant access about such Access Log Data.

8. UPDATES

dormakaba reserves the right and may from time to time and in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features or functionality. dormakaba is not required to provide any Updates or to continue to provide or enable any particular features or functionality. Based on Your Device settings, when Your Device is connected to the internet either: (i) the Application will automatically download and install all available Updates; or (ii) You may receive notice of or be prompted to download and install available Updates. You must promptly download and install all Updates and You acknowledge that the Application or portions thereof may not properly operate should You fail to do so. All Updates will be deemed part of the Application and be subject to all terms and conditions of this EULA.

9. THIRD-PARTY MATERIALS

The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). dormakaba is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, quality, or any other aspect thereof. dormakaba does not assume and will not have any liability or responsibility to You or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to You, and You access and use them entirely at Your own risk and subject to such third parties' terms and conditions.

10. TERM AND TERMINATION

10.1. The term of this EULA commences when You download and install the Application on Your Device and register Your account. All licenses and rights granted to You under this EULA will terminate immediately and automatically without notice

(i) if a relevant individual agreement (between You and us, between You and REM or between us and REM) under which You have been designated as End User comes to an end;

(ii) if the person or organisation which has designated You as End User revokes such designation and/or Your access to the Application;

(iii) if You violate any of the terms and conditions of this EULA; or

(iv) when You sell, otherwise hand over, deliver or transfer, dispose of or cease using Your Device, and when You uninstall the Application from Your Device or cancel Your account registration.

10.2. Upon termination of such licenses and rights granted to You under this EULA:

(i) all rights You may have granted to Access Recipients and not withdrawn, will automatically expire simultaneously with the termination, expiration or cancellation of Your rights under this EULA; and

(ii) You must cease all use of the Application. This EULA will terminate automatically upon the cancellation of Your account. Termination will not limit any of dormakaba's rights or remedies it has under this EULA.

11. NO WARRANTIES; NO GUARANTEE

11.1. Whilst we make reasonable efforts from an economic standpoint to ensure that there is on an ongoing basis access to and availability and functionality of the Application, you accept that we cannot protect you and the Application from the effects of misuse, hardware or software errors or other unforeseen incidents. Whilst we may also call upon third parties for the provision of services in accordance with these terms, we cannot offer any warranty for or guarantee of their products and services. In addition, access to and/or functionality of the Application may be suspended or restricted, particularly during maintenance work or repairs completed by us or by third parties, or the introduction of new or expanded features. Within the limits of what is legally permitted, we exclude to the greatest possible extent, any warranty or guarantee, as further set out below.

11.2. The Application and any services performed or provided by or in connection with the Application and the Access Solution, are provided “as is” and “as available” without warranty or guarantee of any kind. To the maximum extent exclusions or limitations of warranties and guarantees are permitted by applicable law, and subject to the next clause, dormakaba, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties and guarantees, whether express, implied, statutory or otherwise, with respect to the Application and the Access Solution, including without limitation, those of technical compatibility, satisfactory quality or fitness for a particular purpose, title, and non-infringement. Without limitation of the foregoing, dormakaba does not warrant or guarantee that the Application, the Access Solution and/or dormakaba’s materials will perform error-free or uninterrupted, or that the Application will meet Your requirements, meet any performance or reliability standards, or that defects in the Application or the Access Solution will be corrected. No oral or written information given by dormakaba, its affiliates or any of their respective authorised representatives creates a warranty or guarantee.

11.3. Some jurisdictions do not allow the exclusion of, or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

12. LIMITATION OF LIABILITY

12.1. To the maximum extent permitted by applicable law and subject to the next clause, in no event will dormakaba or its affiliates, or any of its or their respective employees, officers, directors, agents, licensors or service providers, be liable for any loss or damage of any kind, whether direct, indirect, incidental, special, exemplary or consequential, including, without limitation, damages for loss of profits, loss of data, business interruptions or any other damages or losses, arising out of or related to Your use or inability to use the Application, however caused, regardless of the legal basis (contract, tort or otherwise) and even if dormakaba or its affiliates have been advised of the possibility of such damages. dormakaba will not be liable for damage to, or viruses or other code that may affect any hardware or equipment (including but not limited to Your Device), software, data, information or other property as a result of Your download, installation, access to or use of the Application. If the need arises, we may suspend access to or use of the Application (or part thereof). Notwithstanding the foregoing, there is no limitation of liability for damages caused by dormakaba’s wilful intention or gross negligence or fraud.

12.2. Some jurisdictions do not allow certain exclusions or limitations of liability, so some or all of the above limitations of liability may not apply to You.

13. INDEMNIFICATION

13.1. Subject to the next clause, You are liable and indemnify, defend, and hold harmless dormakaba and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, claims, actions, judgments, settlements, interest, awards, and penalties, fines, costs, or expenses, including reasonable attorney’s fees, arising from or relating to Your use or misuse of the Application, Your breach of this EULA or any act or omission (whether negligent, reckless or wilful) on Your part in connection with the performance of Your obligations under this EULA, including but not limited to the content You make available through this Application.

13.2. Some jurisdictions do not allow certain indemnification obligations for You as consumer, so some or all of the above obligations may not apply to You.

14. PRIVACY

When You register, download, install, activate or use the Application, we may receive or collect information about You and Your use of the Application. In addition, other people’s personal data (e.g.  personal data of a third party Access Recipient is processed if you enter their data (e.g. their name, contact details) into the Application. In relation to Your access and use of the Application, You find information about our processing of personal data in the resivo Privacy Statement available at: https://resivo.dormakaba.com/ch-en/content/datenschutz-resivo. For any questions please contact: data.protection@dormakaba.com. If you send us personal data from third parties, we ask you to inform such third parties about the resivo Privacy Statement.

15. MISCELLANOUS

15.1. Export Compliance. The Application and related technology may be subject to Swiss and other countries’ export or import control restrictions. You must not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You must comply with all applicable local laws, rules and regulations, and complete all required undertakings (e.g., obtaining any necessary export license), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside of Switzerland or the country in which You reside. The use of the Application in the following countries or regions is strictly prohibited: Islamic Republic of Iran, Democratic People’s Republic of North Korea, Republic of Cuba, Syrian Arab Republic, Republic of Sudan. Ukrainian oblasts of Luhansk, Donetsk,  Crimea.

15.2.  Severability; Waiver. Should any provision of this EULA be unenforceable or invalid under applicable law, the remaining provision(s) remain unaffected and such provision must be replaced by a valid and enforceable provision most closely reflecting the effect of the original provision. The same applies to any omission. If You believe that You have other or further rights than those set out in this EULA based on mandatory law, You should inform us of such right(s) for us to provide in our sole discretion an alternative remedy for the situation. No waiver by any Party of any provision hereof shall be effective unless set forth in writing. No failure to exercise any rights or remedy arising from this agreement will operate or be construed as waiver thereof.

15.3. Assignment. You must not assign any of Your rights or delegate any of Your obligations under this EULA without our prior written consent. Any purported assignment or delegation will result in the EULA being voidable and/or voided at Our sole discretion. We may assign all or part of the rights and obligations under this EULA to any third-party of our choice.

15.4. Governing Law and Place of Jurisdiction. The terms of this EULA and any access to or use of the Application will be governed by the substantive laws of Switzerland, excluding its conflict of law provisions. The United Nations Convention on Contracts for the International Sales of Goods is excluded from application hereto. All disputes arising out of or in connection with the terms of this EULA must be submitted to the exclusive jurisdiction of the courts of the Canton of Zurich, Switzerland.

This provision on applicable law and jurisdiction does not deprive you of the mandatory consumer protections under the law of the country to which we direct the resivo Access Solution under which you have been designated as Tenant.

15.5. Changes to this EULA. We may change the terms of this EULA by adding or deleting content, or by changing existing content. These amendments may be made at any time. We will notify You of any changes by posting the new EULA in the Application and changing the “Version” date above. You should consult this EULA regularly for any changes. In case of relevant amendments, we may further notify You by email or other appropriate means. Your continued use of the Application following the posting of the updated EULA or notice of the changes constitutes Your acceptance of the updated EULA or such changes. If You do not agree with the changes or the updated EULA, You should stop using the Application.

16. CONTACT INFORMATION FOR CUSTOMER SUPPORT

In the context of a specific Real Estate, the primary contact for customer support is the REM for that Real Estate; within the Application, the “Help” button creates a link to the self-help centre.

17. CONTRACTING ENTITY FOR THIS EULA. NOTICES.

For general inquiries, questions or issues with this EULA, please contact or send all notices to: dormakaba Switzerland Ltd., Corporate registration number: CHE-105.972.106, Mühlebühlstrasse 23, CH - 8620 Wetzikon, Switzerland, Email: resivo@dormakaba.com.

18. COUNTRY SPECIFIC TERMS

Depending on the country / region (i) in which the Real Estate is located, and/or (ii) of the app store or play store in which your mobile device is registered, there may be country specific terms which apply to You in addition or in deviation of the general terms set out in this EULA. Such country specific terms, if any, are set out in this clause 18 – Country Specific Terms, unless a country specific EULA for resivo Home App has been issued by dormakaba.

18.1. Country specific terms for Germany. Where the law applicable to the EULA is German law, clauses 11 - No Warranties; No Guarantee, 12 - Limitation of Liability and 13 - Indemnification are replaced by the following:

(a) As a free of charge service, the Application is provided to You "as is" and “as available” without warranty of any kind. In particular information on the characteristics of the Application including without limitation, those of technical compatibility, satisfactory quality or fitness for a particular purpose, serve solely to describe the respective service or application. They are not to be regarded as a guarantee or warranty.

(b) You must immediately report to dormakaba any defects of the Application.

(c) We are liable (i) for wilful intent and gross negligence, (ii) if We fraudulently conceal a defect, (iii) under product liability legislation, and (iv) for damages resulting from injury to life, limb or health of persons. All other claims for damages of You are excluded.

(d) This limitation of liability also applies to the agents of dormakaba.

(e) Should We be sued by third parties, including state institutions, within the scope of this EULA due to Your use of the Application, You indemnify Us from these claims and must assist Us in the legal defence to which We are entitled but not obliged to do, and to bear the Our necessary costs of legal defence. The prerequisite for this is that We inform You in text form about asserted claims and infringements of rights without delay, We do not make any concessions or acknowledgements or declarations equivalent to these without Your consent and enable You to take part in all judicial and extra-judicial negotiations about the claims. We reserve the right to assert further claims.

18.2. Country specific terms for Austria. Where the law applicable to the EULA is Austrian law, clauses 11 - No Warranties; No Guarantee, 12 - Limitation of Liability and 13 - Indemnification are replaced by the following:

(a) As a free of charge service, the Application is provided to You "as is" and “as available” without warranty of any kind. In particular information on the characteristics of the Application including without limitation, those of technical compatibility, satisfactory quality or fitness for a particular purpose, serve solely to describe the respective service or application. They are not to be regarded as a guarantee or warranty.

(b) You must immediately report to dormakaba any defects of the Application.

(c) We are liable (i) for wilful intent and gross negligence, (ii) if We fraudulently conceal a defect, (iii) under product liability legislation, and (iv) for damages resulting from injury to life, limb or health of persons. All other claims for damages of You are excluded.

(d) This limitation of liability also applies to the agents of dormakaba.

(e) Should We be sued by third parties, including state institutions, within the scope of this EULA due to Your use of the Application, You indemnify Us from these claims and must assist Us in the legal defence to which We are entitled but not obliged to do, and to bear the Our necessary costs of legal defence. The prerequisite for this is that We inform You in text form about asserted claims and infringements of rights without delay, We do not make any concessions or acknowledgements or declarations equivalent to these without Your consent and enable You to take part in all judicial and extra-judicial negotiations about the claims. We reserve the right to assert further claims.

18.3. Country specific terms for Australia. Where (i) the law applicable to the EULA for Home App is the law of a State of Australia; or (b) You are located in Australia, EULA for Home App clauses 11 - No Warranties, No Guarantee, 12 - Limitation of Liability and 13 - Indemnification are replaced by the following:

(a) Except as specifically stated in this EULA for Home App, it does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, design or performance of the resivo Access Solution or any contractual remedy for its failure.

(b)  You acknowledge You have not: (i) relied on any service involving skill and judgement, or on any advice, recommendation, information or assistance provided by dormakaba in relation to the resivo Access Solution or its use or application; or (ii) made known, either expressly or by implication, to dormakaba any purpose for which You require the resivo Access Solution, and have the responsibility of satisfying Yourself the resivo Access Solution is suitable for Your use.

(c) Nothing in this EULA for Home App is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying, the application of any State or Federal legislation applicable to the supply of goods or services that cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law schedule of the Competition and Consumer Act 2010 (Cth) (ACL).

(d)  To the maximum extent permitted by law or otherwise limiting the rights and remedies available under the ACL: (i) dormakaba is not liable to You in any way arising under or in connection with the supply or use of, or any other dealings with, the resivo Access Solution; and (ii) dormakaba is not liable for any consequential or indirect expenses or losses suffered by You or any third party, howsoever caused, including but not limited to loss of business or goodwill, loss of profits, loss of turnover, or any liability to any other party, except to the extent of any liability imposed by the ACL.

(e) To the maximum extent permitted at law, You are liable to dormakaba and indemnify and hold dormakaba harmless (and its affiliates, agents, assigns, employees, directors, officers and successors) from and against, any and all actions, awards, claims, costs (including legal costs), damages, expenses, fees, interest, liabilities, penalties and settlements arising from or relating to Your use or misuse of the resivo Access Solution or any breach by you of this EULA for Home App, including but not limited to the content You make available through the resivo Access Solution.