End User License Agreement & Terms of Use

for LEGIC mobile applications

End User License Agreement & Terms of Use

Version: [March 2024]

Legic Identsystems AG, Binzackerstrasse 41, CH-8620 Wetzikon ("LEGIC", "we" or "us") provides LEGIC mobile applications, including but not limited to the LEGIC EKA Mobile App and  the “LEGIC Utility App. Each such mobile application, including all related documentation, software, text and images, individually and collectively referred to herein as the “Application” or "App".

This LEGIC mobile application End User License Agreement and Terms of Use ("Terms") is a binding agreement between You and LEGIC. “End User”, “you” or “your” means (i) any individual person who has downloaded an Application, and (ii) any organization or entity represented by such person.

PLEASE READ THIS EULA CAREFULLY. BY CLICKING ON THE ACCEPTANCE BUTTON OR SIMILAR BUTTON OR LINKS AS MAY BE DESIGNATED BY LEGIC TO SHOW THESE TERMS AND/OR TO INSTALL THE LEGIC MOBILE APPLICATION (OR PART THEREOF), YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) YOU CONFIRM THAT YOUR REGISTRATION DATA IS CURRENT, COMPLETE AND ACCURATED  (C) IF YOU ARE ACTING ON BEHALF OF AN ENTITY CONTRACTING WITH US, THAT YOU ARE AUTHORIZED TO ACCEPT AND AGREE TO THESE TERMS ON THEIR BEHALF; AND (D) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE, AND ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO USE THE APPLICATION AND YOU SHOULD DELETE IT FROM YOUR DEVICE.

1. Subject of these Terms

You may have concluded or are interested in concluding an agreement for LEGIC Connect services and/or LEGIC Orbit for Key and Configuration Management, which include a related Software Development Kit (SDK) for customers to develop their own mobile app or a LEGIC mobile application provided by LEGIC (relates to the stated above) required to use the LEGIC Connect Service.

These Terms govern your use of an Application.

Upon installation on a compatible mobile device equipped with technologies such as NFC or BLE (a "Device") and registration with LEGIC, the Application allows end users to interact with compatible LEGIC and/or third party systems, products and services (“Compatible Systems”) or components thereof.

The intended purpose of the LEGIC EKA Mobile App is to enable customers or prospective customers to test and evaluate in a non-productive environment the LEGIC Connect services, and to conduct such tests and evaluations prior to customer (or prospective customer) having developed its own mobile app based on the LEGIC Connect SDK. 

The intended purpose of the LEGIC Utility App is to enable the customers to configure their own products by using the LEGIC Connect services including LEGIC Orbit for Key and Configuration Management.

Additional terms may be applicable with regard to such LEGIC Connect or other specific services, and such additional terms become part of your agreement with LEGIC when you use such services.

2. Changes and Updates

These Terms apply in the version applicable when you install the Application. We may change these Terms at any time by providing notice by email, through a message to your Device or in other appropriate ways, reasonably in advance. Your continued use of the Application may be subject to your acceptance of the changed terms, or you may become ineligible for further use of the Application.

LEGIC reserves the right to provide in its sole discretion 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 and functionality. LEGIC has no obligation 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 shall promptly download and install all Updates. 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 this Terms.

3. Ownership and License

Ownership and Intellectual Property: LEGIC, its affiliates and/or their respective licensors own the necessary right, title and interest in the Application, including, but not limited to, all copyright and by other intellectual property rights in and to the Application, including all documentation, modifications, derivative works, graphics, designs, names, logos, marks, wordmarks and/or figurative marks or combinations thereof used by us on or in the Application, whether such rights are registered or not. "LEGIC", "LEGIC Connect" and other words that may be used in the Application are trademarks registered by us or by our affiliates.

Feedback: In the event that you provide LEGIC with feedback, suggestions, enhancement requests or recommendations regarding the use, operation or functionality of the Application and/or LEGIC’s Compatible Systems components ("Feedback"), including but not limited to information about operating results, known or suspected bugs, errors or compatibility problems, or desired features, you hereby assign to LEGIC all rights in the Feedback and agree that LEGIC shall have the right to use the Feedback and related information in any manner it deems appropriate free of charge.

License Grant: LEGIC hereby grants you a revocable, limited, non-exclusive, non-transferable, non-sublicensable, non-assignable right to use the Application to the extent required for the intended purpose and non-commercial use of the LEGIC mobile application, and subject to your agreement to and compliance with these Terms.

Reservation of Rights: No other rights (including intellectual property rights) in or to the Application or any parts thereof are transferred to you by your downloading, installing and/or using the Application. You do not acquire any rights (including intellectual property rights), express or implied, other than those expressly granted by LEGIC. Any right of use not expressly contained herein requires separate prior written consent from LEGIC, which LEGIC may grant or refuse at its own discretion.

4. Use of the Application

The rights granted to you in these Terms are subject to the following restrictions: (a) you are not allowed to use the Application on a device that you do not own or control; (b) you may not use the Application for your personal commercial purposes; (c) you may not translate, rent, market, lease, lend, sell, distribute or otherwise transfer or sublicense the Application; (e) you are not allowed to copy, decompile, reverse engineer, disassemble, decode, attempt to derive or gain access to the source code of, modify, adapt or create derivative works or improvement of the Application or any part thereof, unless permitted by mandatory applicable laws.

You may not in any way use the Application for acts that in any respect (i) violate any applicable law, directive, order or ruling, (ii) are fraudulent, punishable under criminal law or illegal, (iii) are obscene, offensive, harmful, harassing, threatening, untrue or malicious, (iv) breach copyright or intellectual property rights (including but not limited to intellectual property rights such as trademarks or patent or design rights, etc.), (v) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof or infringe on our or third parties' privacy or other rights, (vi) may contravene our interests, (vii) include the delivery or transmission of viruses, trojans, trap doors, back doors, worms, or other routines designed to damage, impair or intercept systems, applications, data or information, or (vii) disable or bypass the limitations of your mobile operating system, e.g. through a process known as "jailbreaking" or "rooting".

When using the Application, you must comply with all applicable third-party provider agreements, if any.

5. Your registration

In order to be able to use the Application, you must register with LEGIC. When you register, you will have to provide certain personal information. Your registration information must be accurate and complete.

6. Your Duty of Care

You must treat the Application and your Device with appropriate care, having in mind that the Application may be used for potentially critical functions such as gaining access to closed areas, and that any unauthorized use of the Application may have important consequences. You should generally treat your Device with the same level of pre-caution as you treat your keys or money.

You are responsible for maintaining and protecting the security of your Device, Application, and registration information. In particular, you must enable a PIN or similar security measure to protect your Device against unauthorized access. You must never leave your Device unattended in the public.  You must exercise due care to protect your registration information and you must not share such information with anyone. All access and use of your Device as well as access and use of the Application through your registration information by you or others is your responsibility.

Your use of your Device may be subject to costs, including connection charges by your mobile network operator, for which you are solely responsible.

7. No Warranty

The Application is provided on an "as is" and “as available” basis without warranties or guarantees of any kind, whether express nor implied. to the fullest extent permissible under to applicable law, All warranties, express or implied, are therefore excluded, INCLUDING ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION OF THE FOREGOING, LEGIC PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR NEEDS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE UN-INTERRUPTED OR ERROR_FREE, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION GIVEN BY LEGIC, ANY OF ITS AFFILIATES OR ANY OF ITS RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.

Your use of the APPLiCATION is at your own risk. You should not rely solely on the availability of the APPLICATION for critical uses.

8. Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEGIC, ITS AFFILIATES, OR ANY OF ITS OR THEIR EMPLOYEES, OFFICERS, AGENTS OR THIRD-PARTIES 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 INTERRUPTION 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).

NOTWITHSTANDING THE FOREGOING, THERE IS NO LIMITATION OF LIABILITY FOR DAMAGES CAUSED BY LEGIC’S WILFUL INTENTION OR GROSS NEGLIGENCE OR FRAUD. 

9. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LEGIC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS AND SERVICE PROVIDERS (INDEMNIFIED PARTY) FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEYS' FS,  BROUGHT AGAINST THE INDEMNIFIED PARTY ARISING FROM OR RELATING TO YOUR USE OR  MISUSE OF THE APPLICATION, YOUR BREACH OF THESE TERMS OR ANY ACT OR OMISSION (WHETHER NEGLIGENT, RECKLESS OR WILFUL) ON YOUR PART OR ON THE PART OF YOUR EMPLOYEES, AGENTS OR PERMITTED ASSIGNS, PERSONAL REPRESENTATIVES, ADMINISTRATORS AND/OR END USERS IN CONNECTION WITH THE PERFORMANCE OF YOUR OBLIGATIONS UNDER THESE TERMS.

10. Privacy

For details on personal and other data we process, how we use it and the rights of data subjects please read the corresponding privacy declaration for the LEGIC mobile application, which is incorporated in these Terms by reference and forms integral part hereof. You will need to accept the privacy declaration in order to use the LEGIC mobile application.

11. Termination

Your right to use the Application automatically terminates when you are in substantial breach of these Terms, when you sell, otherwise dispose of or cease using your Device, or when you uninstall the Application from your Device. Moreover, we may terminate your right to use the Application at any time for any reason by providing notice by letter, by email or in any other appropriate form. Upon termination you must uninstall the Application from your Device.

12. Miscellaneous

Export Restrictions. You are responsible for compliance with export and re-export restrictions, but without limitation, to any embargoed countries or to any denied persons as listed by the relevant authorities and as updated from time to time. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Application for any prohibited purpose or manner.

Severability and Waiver: If a provision of these Terms is invalid or unenforceable, then the remaining provisions will remain unaffected, and the invalid or unenforceable provision(s) will be deemed replaced by valid and enforceable terms that most nearly achieve the economic purpose of the invalid provision(s). This rule applies by analogy to contractual omissions, intended or unintended. If you believe that you have other or further rights than those set out in these Terms 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. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

No Assignment: You shall not assign these Terms (or any part thereof) to any other company or person without our prior express consent.

Applicable Law and Place of Jurisdiction: These Terms and access to or use of the Application will be governed exclusively by the 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. Any dispute or claim arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts at the registered offices of LEGIC. Mandatory provisions of the Swiss Jurisdiction Act (GestG - Gerichtsstandsgesetz) shall be reserved.

If you need support, please contact info@legic.com