Terms and condition
These are the terms on which LIFETRONIC s.r.l. ("we" or "Lifetronic") enable you, the Customer ("you" or "Customer"),
to download and use “AlexaGate software and services” (SERVICES), as outlined in further detail in this Agreement,
our website and the Documentation, which is available to Customer via the internet.
Please read these terms carefully before you download AlexaGate Software and use our Services. These terms explain who we are, how we will provide the Services to you, what to do if there is a problem and other important information.
You are deemed to have accepted the terms of this Agreement and will have created a binding contract with Lifetronic upon any of the following events: (a) download or installation of any AlexaGate Services or related Software; (b) access to or use of any of the AlexaGate Services or related Software; (c) payment for AlexaGate Services or related Software or Service; (d) entering into an order form for AlexaGate Services or related Software and Service Credits; or (e) clicking an "accept" button or other similar acknowledgment indicating your acceptance of this Agreement. If you do not agree to be bound by this Agreement, you may not access or use the Services or any related Software. Please read through the entirety of this Agreement to review important provisions regarding intellectual property, disclaimers, limitations of liability, indemnification, waivers, exclusive law and jurisdiction for resolution of disputes and other legal restrictions.
By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity and each of its affiliates to these Terms. In that case, "you" and "your" will refer to that company or other legal entity and its affiliates.
INFORMATION ABOUT US AND CONTACT DETAILS
The subscription services provided by Lifetronic to you under this Agreement including the AlexaGate website, cloud services, mobile applications and other services and functionality ("Services") are provided by Lifetronic s.r.l., an IT company with registered office at 1/E, Meucci Street, PISA – VAT 01886150505. You can contact us by emailing our customer service team at [email protected] If we have to contact you, we will do so by writing to you at the email address you provide to us in your order.
OUR AGREEMENT WITH YOU
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Lifetronic and are not barred from using the Services under applicable law.
It is a requirement of use of the AlexaGate Software and Services that you accept these terms and conditions. Once you have created a AlexaGate account and accepted these terms, you will be able to access our products and Services.
1.1 Capitalised words in this Contract have the following meaning:
These terms and conditions, the online order form and any other documents incorporated by reference, such as the Privacy Policies which are available through the AlexaGate website.
a day other than a Saturday, Sunday or public holiday when banks are open for business in Italy.
the official published service description and other documentation made available to Customers by Lifetronic via the AlexaGate website, which sets out a description of the Services and the user instructions for the Services.
The mobile software which Customers can download onto a compatible IOS device from Apple Store for the purpose of manage their Vantage home automations systems.
Vantage Controls is a brand of Legrand Group. Please refer to www.vantagecontrols.com for further information.
the website which Lifetronic provides to make use of the Services, located at www.alexa.lifetronic.it or such additional or replacement website as may be notified to Customers by Lifetronic from time to time.
Ios device, also referred to as "data subjects", With which manage home automation system by Customers.
The right to use Services on a single Device, sold by Lifetronic to allows access and use of the Services in accordance with this Agreement.
the Licence services provided by AlexaGate to Customers under this Agreement including the AlexaGate website, cloud services, mobile applications and other services and functionality, as more particularly described in the Documentation.
all software used and/or made by Lifetronic about AlexaGate available to Customers in connection with the provision of the Services.
all direct customers of the AlexaGate Services.
"Support Services Policy"
Lifetronic's policy for providing support in relation to the Services as made available at the AlexaGate Website or such other website address as may be notified to Customers from time to time.
the data and information input into or collected by the AlexaGate Software, or generated in the course of using the Services;
any software, code, file or programme which may prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
1.2 A person includes an individual, corporate or unincorporated body
(whether or not having separate legal personality).
1.3 A reference to a company shall include any company, corporation or
other body corporate, wherever and however incorporated or established.
1.4 Unless the context otherwise requires, words in the singular shall
include the plural and in the plural shall include the singular.
1.5 Unless the context otherwise requires, a reference to one gender shall
include a reference to the other genders.
2.1 "AlexaGate" is a software of Lifetronic s.r.l. designed to show an interactive user interface to control own vantage home automation system. This Services are described in further detail in the Documentation (and as may be subsequently revised with written agreement from Lifetronic).
2.2 Customers are permitted to use the Services provided that they purchased and activated Service Licenses for each vantage home automation system being controlled.
2.3 With respect to the Services:
2.3.1 Users of AlexaGate can upgrade their Subscription if additional functionality is required and available.
2.3.2 Customer shall provide Lifetronic with accurate, complete and up-to-date information with regard to their account, and they should update such information, as needed, to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your Account.
2.3.3 Customers shall keep a secure password for their use of the Services and each Customer shall keep his password confidential. Customers agree not to disclose their Account password to anyone and to notify Lifetronic immediately of any unauthorized use of their Account.
2.3.4 Rights granted to Customers are non-exclusive. Customers obtain no preferential rights to specific territories, markets, customers, pricing or otherwise. Lifetronic reserves the right to engage additional Customers.
2.4 Customers shall not access, store, distribute or transmit any Viruses, or any material, or otherwise use the Services in any manner that:
2.4.1 is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
2.4.2 facilitates illegal activity;
2.4.3 depicts sexually explicit images;
2.4.4 promotes unlawful violence;
2.4.5 is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
2.4.6 is otherwise illegal or causes damage or injury to any person or property;
and Lifetronic reserves the right, without liability or prejudice to its other rights to Customers, to disable Customer's or an individual Licence to any material that breaches the provisions of this clause.
2.5 Customers shall not:
2.5.1 attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software in any form or media or by any means; or
2.5.2 attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
2.5.3 access all or any part of the Services and Documentation in order to build a product or service which competes with the Services; or
2.5.4 attempt to obtain, access or derive in any fashion the underlying source code of the Software used in the Services, recognising that this Agreement does not convey any rights to source code and that all such rights in and to the source code of the Software are reserved to Lifetronic.
2.6 Customers shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify Lifetronic. Customers are liable for all unauthorised access to or use of the Services and/or the Documentation that occurs through their account.
2.7 Lifetronc may offer additional products, services or enhanced functionality for Customers to purchase in accordance with the terms of this Agreement ("Additional Services"). At the Customer's, the parties may agree in writing for the provision of Additional Services during the term of this Agreement by completing a specified order form.
2.8 The fee for providing Additional Services under this Section will be agreed by the parties prior to the performance of such Additional Services.
3.1 Lifetronic shall provide the Services to Customers on and subject to the terms of this Agreement.
3.2 Lifetronic generally intends to use commercially reasonable efforts to make the Services available 24 hours a day, seven days a week, except for:
3.2.1 planned maintenance carried out during the maintenance window (to be reasonably advised via AlexaGate website or software application from time to time; and
3.2.2 temporary suspension without notice, for security reasons, systems failure, emergency maintenance and repair, events of force majeure or other circumstances that warrant suspension in the reasonable determination of Lifetronic.
Customers will not be entitled to any refund or rebate for such suspensions, and Lifetronic does not guarantee any specific level or availability or that the Services will be free from interruptions.
3.3 Lifetronic will, as part of the Services, provide Customers with AlexaGate’s standard support services during Normal Business Hours in accordance with AlexaGate's Support Services Policy in effect at the time that the Services are provided. Lifetronic may from time to time amend the Support Services Policy in its sole and absolute discretion.
3.4 Customers provide Lifetronic with permission to remotely access their network for the sole purpose of maintenance and support and hereby expressly consent to such access by Lifetronic, its affiliates or its contractors.
4 USER DATA
By entering into this Agreement, Customers are deemed to have read and accepted the terms of Lifetronic's Privacy Policies, which are expressly incorporated herein by reference and contain important information including but not limited to:
• the type of information Lifetronic collects;
• how Lifetronic uses such information;
• the circumstances in which Lifetronic shares Customer information with third parties;
• how Lifetronic products and services interact with third parties; and
• how and how long Customer information is stored and protected.
Lifetronic shall follow its storage and archiving procedures for User Data as set out in its Privacy Policies, as such document may be amended by Lifetronic in its sole discretion from time to time also to comply with the applicable Privacy Laws requirements. Since it is impossible to reach a zero risk policy, in the event of any loss or damage to User Data, the Customer’s sole and exclusive remedy shall be for Lifetronic to use reasonable commercial endeavors to restore the lost or damaged User Data from the latest back-up of such data maintained by Lifetronic in accordance with the archiving procedure and security of processing described in its Privacy Policies and to notice Customer without undue delay if it is necessary according its Privacy Policies. Lifetronic shall not be responsible for any loss, destruction, alteration or disclosure of User Data caused by any third party.
5 MOBILE APPLICATION
5.1 In order to make use of the Services, Customers will require certain hardware, software and/or applications as set out in this clause.
5.2 In order for the AlexaGate Services to work, a AlexaGate Application must be installed in the End User's network. The AlexaGate Application is downloadable via the Apple App Store
5.3 AlexaGate Application must be installed on a compatibile device with a compatible operating system as reported in Documentation
5.4 The use of the AlexaGate application may be subject to additional terms and conditions imposed by third parties and/or open source license terms which may be notified at the time of download (and which take precedence over this Agreement in relation to their use). Customers agree to comply with any such terms and acknowledge that use of AlexaGate Software does not limit or curtail Customers' rights under the applicable open source license terms. A list of the open source licenses relevant to users of the Services is available on the AlexaGate website.
6.1 Lifetronic undertakes that the Services will be performed using reasonable skill in accordance with the Documentation.
6.2 The undertaking at clause 6.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to AlexaGate's instructions, or modification or alteration of the Services by any party other than Lifetronic’ duly authorized contractors. Notwithstanding the above, Lifetronic:
6.2.1 does not warrant that Customers' use of the Services or Software will be uninterrupted or error-free, or that the Services, Software, Documentation and/or the information obtained by Customers through the Services or Software will meet Customers' requirements; and
6.2.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, or any other elements provided by or controlled by third parties and Customers acknowledge that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities or other third party elements.
6.3 This Agreement shall not prevent Lifetronic from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this Agreement.
6.4 Lifetronic will use commercially reasonable efforts to maintain all necessary licenses, consents, and permissions necessary for the performance of its obligations under this Agreement.
7.1 Subscribers shall:
7.1.1 provide Lifetronic with all necessary co-operation in relation to this Agreement and all necessary access to such information as may be required by AlexaGate in order to provide the Services, including but not limited to User Data, security access and configuration information;
7.1.2 comply with all applicable laws and regulations with respect to its activities under this Agreement;
7.1.3 ensure that they use the Services, Software and Documentation in accordance with the terms and conditions of this Agreement and remain responsible for any breach of this Agreement;
7.1.4 ensure that its network and systems comply with the relevant specifications provided by Lifetronic from time to time where required for use of the Services; and
7.1.5 be solely responsible for procuring and maintaining its network connections and telecommunications links, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Customers' network connections or telecommunications links or caused by the internet.
8.1 To access the Services, Customers must purchase Licences via the AlexaGate Website or authorized third-party vendors. All relevant information concerning price, duration, activation and other matters relating to use of the Service is provided on the website and may change from time to time. Once your purchase is complete, you will receive an email from us confirming your purchase.
8.3 All amounts and fees stated or referred to in this Agreement:
8.3.1 shall be payable in the applicable currency specified on the online order form;
8.3.2 cancellations and refunds are subject to a 14 day
money-back guarantee and subsequently at the sole discretion of Lifetronic;
8.3.3 are exclusive of value added tax or other sales taxes, which Customers agree to pay at the appropriate rate.
8.4 Lifetronic shall be entitled to vary the costs for Licences and other charges at any time. Such price changes will not affect existing licences already purchased.
9.1 You acknowledge and agree that Lifetronic own all intellectual property rights in the Software, the Services, and the Documentation. Except as expressly stated herein, this Agreement does not grant Customers any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Software, the Services or the Documentation.
9.2 Customers acknowledge and agree that they will not, at any time, whether during or after termination of this Agreement:
9.2.1 adopt or use any trademarks, symbol or device which incorporates or is confusingly similar to the Lifetronic or AlexaGate logos;
9.2.2 apply anywhere in the world to register any trademarks identical to or resembling the Lifetronic or AlexaGate trademarks so as to be likely to deceive or cause confusion;
9.2.3 use the Lifetronic or AlexaGate logos as part of any corporate, business or trading name or style of the Customer; or
9.2.4 register any domain name anywhere in the world which incorporates or is similar to Lifetronic or AlexaGate logos and name.
10.1 This clause sets out the entire liability of Lifetronic (including any liability for the acts or omissions of its employees, agents and sub-contractors) to Customers:
10.1.1 arising under or in connection with this Agreement;
10.1.2 in respect of any use made by Customers of the Services and Documentation or any part of them; and
10.1.3 in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.
10.2 Except as expressly and specifically provided in this Agreement:
10.2.1 all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement; and
10.2.2 the Services and the Documentation are provided to you on an "as is" basis.
10.3 Nothing in this Agreement excludes the liability of Lifetronic:
10.3.1 for death or personal injury caused by Lifetronic’s negligence; or
10.3.2 for fraud or fraudulent misrepresentation.
10.4 Subject to clause 11.2 and clause 11.3:
10.4.1 Lifetronic shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement; and
10.4.2 Lifetronic total aggregate liability in contract (including in respect of the indemnity at clause 1.1), tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the total fees paid by Customers to Lifetronic during the 12 months immediately preceding the date on which the claim arose.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by emailing us at [email protected] Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
Lifetronic shall have no liability to Customers under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Lifetronic or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, acts of third parties, provided that Customers are notified of such an event and its expected duration.
If there is an inconsistency between any of the provisions in the main body of this Agreement and the Documentation, the provisions in the main body of this Agreement shall prevail.
14 CHANGES TO THESE TERMS
We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
17.1 If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
17.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
18.1 This Agreement, and any documents referred to in it, constitute the whole Agreement between the parties and supersede any previous arrangement, understanding or Agreement between them relating to the subject matter they cover.
18.2 The parties acknowledge and agree that in entering into this Agreement, neither rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement, other than as expressly set out in this Agreement.
Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or authorize either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
20.1 Any notice required to be given under this Agreement shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to the other party at its address set out in this Agreement, or such other address as may have been notified by that party for such purposes, or sent by fax or e-mail to the other party's fax number or e-mail address as set out in this Agreement.
20.2 A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9.00 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by fax shall be deemed to have been received at the time of transmission (as shown by the timed printout obtained by the sender). An e-mail will be deemed to have been received in real time.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Italy
Each party shall try to settle any dispute or claim arising out or in connection with this Agreement by issuing a complaint to the Online Dispute Resolution Body (https://ec.europa.eu/consumers/odr/main) If you are a Consumer settled in the EU you might also make a complaint whether in Italy or in your Country Court, according to EU Consumer Jurisdiction Rules accordin to EU Regulation 44/2001. Parties settled outside EU territory or acting as professional irrevocably agree that the courts of Italy shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).