1. Warranty for Physical Products
1.1 Smart Masterkey guarantees, for a period of twenty-four (24) months from the date of purchase (hereinafter: the Warranty Period), that the physical products (locks, modules) manufactured by Smart Masterkey (hereinafter: the Products) are free from any defect.
1.2 Should there be a defect, Smart Masterkey shall, at its own discretion and at its own cost, either remedy the defect or replace the defective Product upon its return.
1.3 Smart Masterkey does not provide any warranty for errors or for other failures of performance:
1.3.1 which are due to faults in the hardware, the operating system or the software of other manufacturers which are not attributable to Smart Masterkey;
1.3.2 which are due to normal wear and tear, as well as in the case of damage resulting from incorrect or negligent handling or assembly by the customer, excessive stress, unsuitable operating materials, electronic or electrical influences or similar circumstances;
1.3.3 which have occurred as a result of (i) modified operating system components, interfaces, and parameters, (ii) atypical operating conditions (in particular deviation from the installation and storage conditions) and (iii) transport damage;
1.3.4 which are caused external influences for which Smart Masterkey is not responsible, such as fire, accidents, power failure, etc.;
1.3.5 which are due to transmission errors on data carriers or on the Internet.
1.4 The notice of defect, together with a copy of the purchase documentation must reach Smart Masterkey no later than on the last day of validity of the warranty period.
2. Web Portal and App
2.1 Smart Masterkey Web Portal and App (hereinafter: ” the Services“) can only be used to manage the Smart Masterkey hardware.
Registration
2.2 Completed registration is required to access and use Smart Masterkey services. After completing the registration, the customer or its representatives can access Smart Masterkey Web Portal or App. Depending on user access levels different functionalities may be available.
2.3 You confirm that you provide correct and valid data during registration, notify Smart Masterkey of any changes to this data/update the relevant data without delay, and that at the first request by Smart Masterkey you are ready to prove your identity.
2.4 By registering on behalf of a legal entity, you further confirm that you have a valid authorization to represent that legal entity and that you are prepared to prove that authorization at the first request of Smart Masterkey.
2.5 The customer must use reasonable and adequate security measures to ensure that no unauthorized person may gain access to the services using the Smart Masterkey Web Portal or App and user details. Smart Masterkey does not assume any liability in case of loss, theft, or misuse by third parties of the Smart Masterkey Web Portal and App.
Restrictions
2.6 Smart Masterkey Web Portal and App shall not be used:
2.6.1 in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with or to conduct any unlawful, illegal, fraudulent, or harmful purpose or activity, or for any purpose that infringes third party rights;
2.6.2 to interface or interact with hardware other than Smart Masterkey;
2.6.3 in any way that could be detrimental to Smart Masterkey, its affiliates or authorized distributors;
2.6.4 to make unauthorized changes in the database, or gain unauthorized access to the source code or make any alteration to it;
2.6.5 to decompile, decrypt, reverse engineer or dissemble or create derivative works.
2.7 You may not copy, reproduce, or duplicate the Web Portal or the App in any way.
Fees and Payment Methods
2.8 The use of the Services is subject to the payment of the fees corresponding to the subscription type of the customer, which shall be paid to Smart Masterkey.
2.9 The subscription payment by the customer shall be made by any of the authorized payment methods (credit and debit card payment or bank transfer).
2.10 The subscription will be automatically renewed at the end of the subscription term and charged through the payment method indicated by the customer unless the customer cancels its subscription through the Services.
2.11 The customer can cancel subscription at any time and will continue to have access to the Services until the end of the subscription term.
2.12 Payments for the subscriptions are non-refundable and Smart Masterkey shall not provide refunds or credits for the time period between cancellation date and the end of the billing period.
2.13 If the customer has not paid the fees owed to Smart Masterkey on time and is therefore in default, Smart Masterkey is entitled to immediately suspend the Services and deny access to the Services. The customer shall be liable for all direct and indirect damages (e.g., loss of profits, costs in connection with judicial and extrajudicial measures).
2.14 Smart Masterkey may make changes to the fees and payment methods by notifying the customer thirty (30) days prior to the modification via email. The customer will have fifteen (15) calendar days to expressly oppose any such changes, otherwise they will be deemed accepted by the customer and fully applicable.
Availability and Suspension of the Services
2.15 Smart Masterkey shall use reasonable endeavors to maintain the availability of the Services to the customer.
2.16 Smart Masterkey is not accountable by any disruption of the Services:
2.16.1 caused by circumstances beyond Smart Masterkey’s control, including, without limitation, any events of force majeure;
2.16.2 caused by any act or omission of the customer or third parties (including any malware);
2.16.3 due to any amendments or alterations made to the hardware by the customer or by third parties, due to any damage of the hardware or due to the breach by the customer of the obligation of maintaining the hardware in an adequate state of functioning.
2.17 If the customer decides not to renew the subscription, the customer shall immediately upon the expiration of the subscription cease having access to and being entitled to use the Services. The customer may continue having access to the Web Portal or App but not the Services provided. During this period Smart Masterkey shall not be liable whatsoever for any damage that may derive from usage of the Web Portal or App.
2.18 The Service is made available to the customers and accepted by the customers on an “as is” basis, i.e. as the Services are at a specific point in time, with possible defects in them. Smart Masterkey does not guarantee the compliance of the Service with any requirements or its suitability for the specified or expected use by the customer. Smart Masterkey shall not be liable for any inconvenience or damage that may be caused by the non-compliance of the Service with the customer’s wishes or failures in the operation of the Service.
2.19 Smart Masterkey shall be entitled to suspend or terminate the access to the Services if the customer breaches the obligations under these Terms and Conditions and fails to remedy the breach within reasonable time after having received a notice of default; in case of material breach, Smart Masterkey shall be entitled to suspend or terminate the access without prior warning.
2.20 Smart Masterkey shall never be obliged to refund, reimburse, or repay the fees already received, or pay any compensation because of suspension or termination of Services for the abovementioned reasons.
Miscellaneous
2.21 Use of the Service in violation of the Terms and for any activity that is unlawful or contrary to good morals is prohibited.
2.22 Smart Masterkey may terminate the Service at any time by notifying the customers thereof within a reasonable time. In case of termination, Smart Masterkey shall provide the customers with the opportunity to download their data.
3. General Provisions
Intellectual Property Rights
3.1 Any and all intellectual property rights to Smart Masterkey hardware, Web Portal, and the App, exclusively belong to Smart Masterkey.
Data protection & Privacy
3.2 Smart Masterkey collects and uses the data provided by users for the following purposes:
3.2.1 to provide, analyze and develop the Service and to sell and service the Products;
3.2.2 to inform the user about issues related to the provision of the Service and the sale and service of the Products;
3.2.3 to manage and analyze the customer base for marketing or statistical purposes;
3.2.4 to send newsletters, offers, reminders, invitations, feedback surveys, etc.
3.3 In the course of providing later communication, Smart Masterkey may also collect data about the customer’s orders, payments, letters, and notices sent, etc.
3.4 Smart Masterkey has the right to store information about the user’s IP address and to store on the user’s computer/device the cookies necessary for the provision of the Service.
3.5 Smart Masterkey may transfer user data to other persons if it is necessary to protect Smart Masterkey rights (for example, to courts, debt collection persons, bailiffs) or to fulfill a legal obligation of the Service Provider.
3.6 Smart Masterkey uses authorized processors to process user data (cloud service and server service), for whom it is convinced of their reliability and who either act in accordance with the protection of confidentiality or with whom Smart Masterkey has entered into data processing agreements. By agreeing to these Terms and Conditions, the user gives Smart Masterkey permission to use such processors.
3.7 If the user wants to access the personal data collected by Smart Masterkey, or wants to correct it, or if the user has any questions regarding the processing of his/her personal data, please contact Smart Masterkey: e-mail dataprivacy@smartmasterkey.com, phone +372 5229220. If the user wishes to delete his/her personal data, please send a corresponding request to the above address.
3.8 If the user finds that Smart Masterkey has violated his or her rights in the processing of personal data, the user has the right to turn to both the Data Protection Inspectorate and the court. The contact details of the Data Protection Inspectorate are as follows: phone: 627 4135, e-mail info@aki.ee, address Tatari 39, Tallinn 10134.
Amendments
3.9 Smart Masterkey reserves the right to modify these Terms and Conditions at any time. Smart Masterkey customers / users will be notified by electronic means (email, through Web Portal or mobile app) about the modifications. Customers / users may object to the changes within a period of thirty (30) calendar days since the receipt of the referred notification. Continuous access and use after the aforementioned period shall be considered an acceptance of the modifications to this agreement.
Applicable Law, Place of Jurisdiction
3.10 All disputes arising under the Terms and Conditions shall be resolved in Harju County Court on the basis of Estonian law.
