TERMS OF USE

Date of last revision: 01.09.2020

 

  1. Legal notice

 

The following terms and conditions govern your use of the VIVIOT Platform.

By installing, or using the VIVIOT Mobile Application, or the VIVIOT Web Application (together referred to as the “VIVIOT Platform”) or clicking to accept or agree to the Terms of Use when this option is made available to you, you (“user”, “you”) are entering into an agreement with VIVIOT d.o.o., a Limited liability company registered in Slovenia under registration number 6066712000, with a VAT identification number SI 97641537 having its registered office at Industrijska cesta 1, 1000 Ljubljana, Slovenia (“VIVIOT”, "we", “us” or “our”) and agree to the terms contained herein, along with any amendments thereto and any operating rules or policies that may be published from time to time by us and incorporated herein by reference (the "Terms").

You hereby represent that you are of legal age in the jurisdiction of your citizenship and can, therefore, be bound by these Terms.

If you are entering this Agreement on behalf of your employer or another entity, you hereby represent that you have the authority to bind such entity to this Agreement and access the reports and analytics that are produced through the use of the App, in which case the term “Customer” includes and references such employer or entity.

If you do not have such authority or do not agree with these terms and conditions, you must not accept this Agreement and may not use the VIVIOT Platform.

By accepting the Terms you agree to comply with any applicable laws, regulations and agree and warrant that any data accessed through your use of the Service does not require any further protection than that afforded by the customary security protections in place within the industry.

PLEASE REVIEW THIS AGREEMENT CAREFULLY.  BY CLICKING “Accept” BELOW, REGISTERING FOR, AND/OR USING THE VIVIOT PLATFORM IN ANY MANNER, YOU AREAGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS TERMS.

  1. Changes to the Terms

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the VIVIOT Platform thereafter.

Your continued use of the VIVIOT Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page regularly so you are aware of any changes, as they are binding on you.

       I.           DEFINITIONS

 

-        Facility Operator. Means an owner, manager, or another person entitled to manage a particular property on a particular location pursuant to the Terms of Service available at https://viviot.net/tos.

-        User: Is a common overarching term, which applies to Facility Operators, End Users and Service Providers alike.

-        Service Provider. Means an employee, independent contractor, or person acting on behalf of the Facility Operator.

-        End User: Is a private individual, who uses locations and services provided by a Facility Operator via the VIVIOT Platform.

-        VIVIOT Mobile Application: Means a mobile application available for Android and iOS developed, deployed and operated by VIVIOT which comprises the VIVIOT Business Application and VIVIOT Consumer Application.

-        AIRPOD Mobile Application: Means a mobile application available for Android and iOS developed, deployed and operated by VIVIOT created for End Users of a specific Facility Operator.

-        VIVIOT Business Application: Means a mobile application available for Android and iOS, developed, deployed and operated by VIVIOT, accessible to business users, such as Facility Operators and Service Providers.

-        VIVIOT Consumer Application: Means a mobile application available for Android and iOS, developed, deployed and operated by VIVIOT, accessible to End Users who are private individuals, such as guests of the Facility Operators.

-        VIVIOT Business Dashboard (VIVIOT Web Application). Means a web application developed, deployed and operated by VIVIOT, accessible to business users, such as Facility Operators and Service Providers.

-        VIVIOT Ecosystem: comprises the VIVIOT Mobile Application, VIVIOT Website and the VIVIOT Web Application and various types of Users (Facility Operators, Service Providers and individuals), IoT Devices and locations.

-        VIVIOT Platform: Refers to VIVIOT Business Application, VIVIOT Consumer Application and VIVIOT Web Application.

-        VIVIOT Services: Means all services available to specific types of users via the VIVIOT Platform.

-        IoT Devices: Means nonstandard computing devices that connect wirelessly to a network and have the ability to transmit data.

-        Location: Means separate building address, location can have multiple gates and spaces.

 

      II.           GENERAL INFORMATION

  1. VIVIOT Platform and Ecosystem

    VIVOT Platform comprises VIVIOT Business Application, VIVIOT Consumer Application and VIVIOT Web Application.

VIVIOT Ecosystem comprises the VIVIOT Mobile Application, VIVIOT Website and the VIVIOT Web Application and various types of Users (Facility Operators, Service Providers and individuals), IoT Devices and locations.

                       3.1.           VIVIOT Mobile Application

VIVIOT Mobile Application, available for iOS and Android operating systems, allows you - the End User - to register and create an account and use various features, such as controlling various aspects of the facilities and amenities (Property Automation) enabled by a particular Facility Operator (VIVIOT Consumer Application).

It also allows you - Service Provider - to participate in various workflows as an employee, an independent contractor, or a person acting on behalf of the independent contractor of the Facility Operator (VIVIOT Business Application).

VIVIOT Web Application

VIVIOT Web Application allows you - the Facility Operator - to register and create an account to use various features, such as controlling various aspects of the facilities and amenities (Property Automations) and services or business procedures (and Process Automations) enabled by a particular Facility Operator.

  1. Your Access and Acknowledgements

You may use and access the VIVIOT Ecosystem and utilise the VIVIOT Platform in connection with your registered account. The extent and scope to which your access to the VIVIOT Ecosystem and/or VIVIOT Platform is granted depends on your user status.

You acknowledge and agree that by downloading the VIVIOT Mobile Application, creating your user account or otherwise accessing the VIVIOT Platform you became a part of the VIVIOT Ecosystem and VIVIOT may collect, process, share and use your personal data in accordance with our Privacy Policy available at: https://viviot.net/privacy.

Certain parts of the VIVIOT Platform are only made available to Facility Operators and Service Providers, while others can only be accessed by individuals (also referred to as “End Users”).

You may use and access the VIVIOT Platform in connection with a compatible electronic mail account. Your rights to use the VIVIOT Platform are non-exclusive and non-transferable. VIVIOT may modify the VIVIOT Platform from time to time and add, change, or delete features of the Mobile application at its sole discretion. Your continued use of the VIVIOT Platform after any such changes to the VIVIOT Platform constitutes your acceptance of these changes.

If you are a Service Provider you hereby acknowledge and agree that you have all necessary rights, consents, and authority to access the VIVIOT Ecosystem, including, without limitation, the right to access all of the email information and resulting reports, analytics, and other metrics associated with such accounts on behalf of the Facility Operator.

You further acknowledge and agree that you are solely responsible for: (a) all use of the VIVIOT Platform by you and any other party utilizing your email account(s), with or without authorization; (b) maintaining the confidentiality of your email account(s) and password(s); and (c) ensuring that your use of the VIVIOT Platform and your email account(s) complies with all applicable privacy and data security rules, regulations and laws. You further acknowledge and agree that we have no control over and shall not be responsible for any changes by your email provider to the email application, including, without limitation, such changes which may affect the App, and you shall indemnify and hold us harmless with respect to any losses, damages, or claims arising therefrom.

  1. Your Representations and Warranties

You represent and warrant that you (i) have full power and authority to enter into this Agreement, and if the party entering into this Agreement is doing so on behalf of an entity, such party has the full legal authority to bind such entity to this Agreement; (ii) will not violate any local, state, national or international law or regulation in connection with your use of the App, or otherwise use the VIVIOT Platform in any way that is in furtherance of criminal, fraudulent, or other unlawful activity; (iii) will not interfere with or disrupt the functioning of the App; (v) will not violate any codes of conduct, requirements, terms of use, policies or regulations related to the VIVIOT Platform; (vi) will not interfere with or attempt to interfere with any other person’s use of the VIVIOT Platform; and (vii) will not use the VIVIOT Platform to send or otherwise make available any viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property, and (viii) will not attempt to reverse-engineer the VIVIOT Platform, copy content, or otherwise infringe upon the intellectual property rights of VIVIOT.

  1. DISCLAIMER

THE VIVIOT PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE, OUR LICENSORS, AND OUR THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE DO NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF OUR VIVIOT PLATFORM SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY REPORTS, ANALYSIS, OR INFORMATION MITS USE OR ANY PORTION THEREOF WILL BE WITHOUT FAILURES, UNINTERRUPTED, OR ERROR-FREE, WILL BE ACCESSIBLE IN ANY PARTICULAR HARDWARE/SOFTWARE ENVIRONMENT, OR WILL MEET YOUR PARTICULAR REQUIREMENTS.

  1. Limitation of liability

Under no circumstances will VIVIOT be held liable for any loss of your email, data, records, or other materials. The User acknowledges that the VIVIOT has no control over the functioning of the Internet, reliability of Facility Operator’s hardware, email service, or third-party applications used in connection with VIVIOT, and makes no representations or warranties of any kind regarding the performance of the internet or any such third-party applications.

In no event shall VIVIOT be liable for any damage, loss, or other payments towards you or any third party in relation to the performance or the VIVIOT Platform, or in any manner related to this Terms or the VIVIOT Platform.

In the event the foregoing exclusion of liability is unenforceable under any applicable law, the parties further agree that in no event shall VIVIOT’s aggregate liability to you exceed EUR 1000, nor shall VIVIOT be liable for special, consequential, incidental, indirect or punitive loss, damage or expenses whether arising in contract or tort (including but not limited to lost profits, loss of data, or the cost of recreating lost data), even if it has been advised of their possible existence. These limitations of liability will apply notwithstanding any failure of essential purpose of any limited remedy.

  1. Your Covenants

You hereby acknowledge and agree: (i) to comply with all applicable laws and regulations applicable to use of the VIVIOT Platform including, but not limited to, laws and regulations regarding data collection and privacy;  (ii) to the terms of the Company’s privacy policy, which is located at https://viviot.net/privacy (the “Privacy Policy”) and is incorporated herein by reference (including any changes to such privacy policy made in accordance with its terms); (iii) to be solely responsible for your use of the VIVIOT Platform; (iv) that the VIVIOT Platform is strictly a tool to be used in conjunction with good and reasonable judgment.

  1. Intellectual Property

VIVIOT owns all intellectual property rights on, and in relation to the VIVIOT Platform and VIVIOT Ecosystem including but not limited to all software, scripts, programming and comparable materials used therein or related thereto (“Software”), trademarks, trade secrets, look and feel structure, organization, design, algorithms, templates, data models, logic flow, text, graphics, logos, and screen displays, and any other proprietary rights associated therewith (“Know-how”).

You undertake not to copy, modify, reverse engineer, decompile or disassemble the Software, or otherwise attempt to reconstruct or discover the source code for the Software.

The Company reserves all rights on the VIVIOT Platform and VIVIOT Ecosystem not expressly granted to you hereunder. We shall have a royalty-free, worldwide, transferable, and perpetual license to use or incorporate into the VIVIOT Platform any suggestions, ideas, enhancement requests, feedback, or other information provided by you in relation to the VIVIOT Platform.

  1. Term and Termination

Term. This Agreement will be effective as of the earlier of (a) the date you accept this Agreement, or (b) the date you first access or use VIVIOT Platform.

You may discontinue the use of the VIVIOT Platform at any time and request deletion of your account with any and all personal information related to your account through the VIVIOT Platform or by requesting deletion at info@viviot.com.

  1. Indemnification

You shall indemnify, defend and hold VIVIOT and its officers, directors, owners, employees, and affiliates harmless from and against any and all liability, damages, injuries, losses, costs and expenses (including attorney’s fees) arising out of or relating to your use of the VIVIOT Platform, including but not limited to liability, damages, injuries, losses, costs and expenses arising from any claims relating to your breach of any representations, warranties, or covenants in this Agreement.

  1. Dispute Resolution.

We want you to enjoy using the VIVIOT Platform, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at  info@viviot.com.

Any claims arising out of or relating to these Terms will be governed by the laws of the Republic of Slovenia, other than its conflict of laws rules; all disputes related to these Terms will be brought solely in the state courts located in Ljubljana, Slovenia; and you consent to personal jurisdiction in these courts.

  1. Entire agreement, no waiver, and assignment

These Terms alongside with the Privacy Policy and any other documents or agreements referenced herein constitute the entire agreement between you and us regarding your access to and use of the VIVIOT Platform. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign these Terms.

  1. Contact

If you have any questions, complaints or claims regarding the VIVIOT Platform and/or VIVIOT Ecosystem you may contact us at info@viviot.com.

Address:  Industrijska cesta 1, 1000 Ljubljana                                                                    

Phone: 00386 41 491 400                                                                                        

For the avoidance of doubt, any questions, claims or comments regarding Third-Party Websites and/or Third Party Content should be directed to the Third Party Provider. You acknowledge and agree that any cause of action that you may have arising out of or related to the Website must commence within one 1 year after the cause of action accrues. Otherwise, such cause of action is permanently barred.