1. SCOPE AND SUBJECT OF THE END USER TOU

1.1. General. These End User TOU apply to a dormakaba solution which consists of or combines the following types of components (including their related documentation and updates):

(i) a web portal or cloud service which is accessible – directly or indirectly - via a web browser (“Web Portal”), and/or

(ii) a mobile application (“Mobile App”).

1.2. Specific. dormakaba resivo is a cloud-based software-as-as-service access control solution for the planning, operation, management, maintenance and surveillance of residential or commercial buildings. The Cloud Access Portal by dormakaba and the Resivo Utility mobile app including related documentation and updates thereto, are components of the resivo SaaS service  and are individually and collectively herein also referred to as “Service”.

1.3. dormakaba Switzerland Ltd, Mühlebühlstrasse 23, 8620 Wetzikon, Switzerland ("dormakaba", "we" or "us") is the operator of the Service. dormakaba or one of its affiliated companies is providing the Services to its business customers (each a “Customer”). A Customer (or Customer’s business customer to whom Customer resells the Services, each an “End Customer”)  may grant access for the use of the Services to natural persons (“You” or “End User”).

1.4. Any use of a Service by You is subject to these End User TOU.

1.5. The device on which the Web Portal or the Mobile App is used is referred to  as "Device".

2. TERMS OF USE

2.1. Copyright. All rights, including copyrights and any other intellectual property rights, to (i) the Services and any other dormakaba materials, and (ii) any suggestions, enhancement requests or feedback provided by You related to the Services, are exclusively and without limitation vested in dormakaba, its affiliates, or their third-party licensor.

2.2. Restrictions. Except as expressly permitted by these End User TOU, the use of the Services is subject to the following conditions and restrictions:

(a) You must keep Your Device secure against unauthorised use or access of the Service by enabling a password, PIN or other similar security measure and protecting the confidentiality of Your password or PIN; disclosure to any third party is prohibited.

(b) You must not and must not permit a third party to (i) reproduce, modify, decompile, edit, reverse engineer, disassemble or translate the Service or any part thereof or attempt in any other way to determine its source code or convert it into source code, in whole or in part, or (ii) use any part of the Service in order to develop, provide or use a similar product or service; this, however, applies only to the extent that such an act is not explicitly permitted under applicable mandatory law.

(c) You must not, and must not permit any third party to (i) remove or alter any documentation or copyright or other proprietary rights notices from the Service or materials provided by dormakaba; (ii) provide to or through the Service information that is unlawful or contains, transmits or activates any harmful code such as virus or other routines designed to damage, impair or intercept systems, applications or data; (iii) use the Service for any fraudulent or illegal act or in any manner that violates intellectual property or other rights of dormakaba or any third party .  

2.3. Fair Use Policy. You must not, and must not permit a third party to (i) use the Service 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 Service, dormakaba systems or any applicable pricing mechanism; and/or (iii) cause significant network congestion, or interfere with or modify the data networks of the Services, or otherwise adversely affect the Service or another person’s use of the Service.

3. YOUR RESPONSIBILITIES.

You must (i) provide true and accurate information when signing up for access or making changes to Your account; (ii) keep Your Device and the Service current by downloading updates as and when they become available; (iii) immediately inform Your employer, account owner, account manager, or the company or individual who has designated You as End User, and/or if You think that Your PIN or password has been compromised in any way.

4. THIRD-PARTY MATERIALS.

The Service may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or content) or provide links to third-party websites or services that are not proprietary to dormakaba ("Third-Party Materials"). dormakaba is not responsible for Third-Party Materials, even if connected to the Service via a dormakaba interface (e.g. an API).

5. NO OBLIGATION.

These End User TOU do not create any obligations on part of dormakaba, nor do they create any claims against dormakaba.