Terms of service – LOQED app

GENERAL TERMS AND CONDITIONS
In force as of 10.09.2024

Contents
I. GENERAL INFORMATION
II. DEFINITIONS
III. SUBJECT MATTER
IV. ACCOUNT REGISTRATION
V. LOQED SERVICE FEATURES
VI. RIGHTS AND OBLIGATIONS OF THE SERVICE USER
VII. LIABILITY
VIII. PERSONAL DATA
IX. INTELLECTUAL PROPERTY
X. MISCELLANEOUS

I. GENERAL INFORMATION

Art.1
Loqed Service is a digital service that is provided by Shelly Europe Ltd., registered in the Commercial Register in the Republic of Bulgaria at the Registry Agency with UIC: 202320104, with a seat and managing address in the city of Sofia, No. 103 Cherni Vrah Blvd., Republic of Bulgaria.

Art.2
(1) Contact data with Shelly Europe Ltd. during business days from 09:00 until 17:00 CET: e-mail: support@loqed.com. This email may be used for general support inquiries.
(2) Chat support is available on the following link or through the “Support” section within the Loqed App.

II. DEFINITIONS

Art.3
The following words and expressions when commencing with a capital letter (including when used with a definitive article and/or used in plural) shall have the meaning and content stated herein unless the context requires otherwise:

	•	Loqed App (or this Application) – A mobile application available for downloading free of charge for Android or iOS mobile applications, tablets, and other smart device systems.
	•	Agreement – Any legally binding or contractual relationship between the Service Provider and the Service User, governed by these Terms.
	•	Service Provider/We/Us – Refers to the owner of the Loqed App - Shelly Europe Ltd., which provides this Application and/or the Service to the Service Users.
	•	Service User/User – Any individual who has registered an account with the Loqed App and uses the Application outside that person’s trade, business, craft, or profession.
	•	Service – A digital service, accessible via the Loqed App, that allows remote access, control, and management of Loqed Touch Smart Locks.
	•	Loqed Touch Smart Lock – All types and models of manufactured and certified Loqed Touch Smart Locks.
	•	Terms – All provisions applicable to the use of Loqed App and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

III. SUBJECT MATTER

Art. 4
(1) These Terms govern the relations between the Service Provider and each Service User in relation to the use of the Service.
(2) These Terms do not apply to Loqed Touch Smart Locks as long as the usage of Loqed App is not a condition for the proper functioning of the Loqed Touch Smart Locks.

Art. 5
(1) These Terms are mandatory for all Service Users.
(2) By accessing the Service and registering an account, the Service User declares that he/she has read, accepts, and is obliged to comply with these Terms unconditionally. The Service User is further obliged to comply with all other conditions imposed by the law, even if not mentioned in these Terms.
(3) In case the Service User disagrees with these Terms, he/she shall not use the Service.

Art. 6
The Service Provider shall not be liable if the Service User has not read these Terms. The Service Provider shall not be liable for any damages and/or losses arising from non-compliance on the part of the Service User with the provisions of these Terms and the applicable law.

IV. ACCOUNT REGISTRATION

Art.7
(1) The usage of the Service requires the registration of a user account. Failure to do so will cause unavailability of the Service.
(2) The registration of a Service User account in Loqed App requires the Service User to provide the following data: name, e-mail, and password. Creating a User Account on behalf of, or for the benefit of, a legal entity/organization with which the User is associated is not possible.
(3) After registering, the account must be confirmed via the email used for the account registration. Once the confirmation is successfully completed, the Service User will be able to log in. The login process includes two-factor authentication, where a verification code will be sent to the registered email. The Service User must enter and verify this code to complete the login process. At the end of the procedure, a password recovery token is created, which has to be maintained confidential and securely stored by the Service User. This token can be used for recovering a forgotten password.
(4) The Service User is responsible for keeping its login credentials confidential and safe. For this reason, the Service User is also required to choose passwords that meet the highest standards of strength permitted by the Loqed App. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols). The Service Provider cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
(5) The Service User is responsible for ensuring that all registration details that have been provided to the Service Provider are correct, complete, and up-to-date. He/she can access and update the information that has been provided to Us in Your Profile area of the Loqed App.
(6) By registering, the Service User agrees to be fully responsible for all activities that occur under its username and password. Each registered Service User, in their capacity as the administrator of the account, may at their own discretion allow another person to be an administrator, may send keys for Loqed Touch Smart Lock to other persons who are not administrators (users), and may create and send guest links, which can open the Loqed Touch Smart Lock without installing the Loqed app. The Service Users are required to immediately and unambiguously inform the Service Provider via the contact details indicated in this document if they think their personal information, including but not limited to User accounts, access credentials, or personal data, have been unlawfully accessed, violated, unduly disclosed, or stolen.

Art.8
Registration of a Service User account on the Loqed App is subject to the conditions outlined below. By registering, each Service User agrees to meet these conditions:

	1.	Accounts registered by bots, or any other automated methods, are not permitted.
	2.	Unless otherwise specified, each Service User has the right to register only one account with a single email.

Art.9
The Service User can terminate their account and stop using the Service at any time by doing the following:

	1.	By directly contacting the Service Provider at the contact details provided at the beginning of these Terms.
	2.	By deleting the account through the functionalities of the Profile area of the Loqed App.

Art.10
The Service Provider reserves the right to suspend or terminate the Service User’s account at any time and without notice, at the Service Provider’s sole discretion, in these cases:

	1.	The Service User has violated these Terms; and/or
	2.	The Service User’s access or use of this Loqed App may cause injury to the Service Provider, other Service Users, or third parties; and/or
	3.	The use of this Application by the Service User may cause violation of law or regulations; and/or
	4.	In the case of an investigation by legal action or governmental involvement; and/or
	5.	The account or its use is deemed to be, at the Service Provider’s sole discretion, inappropriate, offensive, or in violation of these Terms.

(2) The suspension or deletion of Service User accounts shall not entitle the Service User to any claims for compensation, damages, or reimbursement. The suspension or deletion of accounts due to causes attributable to the Service User does not exempt the latter from paying any applicable fees, prices, or damages caused.

Art.11
(1) By registering a User Account, the Service User agrees that the Service Provider may send them push or pop-up notifications, through the functionalities of the Application, in reference to Loqed App functionalities and the provided Service. The Service Provider will not use the Service User’s contact details for marketing purposes unless they have explicitly agreed to this.
(2) If the Service User expressly consents, they may subscribe to our newsletter, and we will send them commercial messages regarding our commercial activities, including but not limited to new services or devices, new Service or Loqed Touch Smart Lock functionalities, or promotional campaigns.
(3) The Service User is entitled to subscribe or unsubscribe from receiving such messages at any time by clicking on the unsubscribe link in the message or using the settings of their account or the unsubscribe link in the message.

V. LOQED SERVICE FEATURES

Art.12
(1) The Loqed Service enables, via a Wi-Fi, mobile data, and/or Bluetooth connection, remote access, control, and management of Loqed Touch Smart Locks, including remote unlocking, activity logs, opening, real-time updates on lock status, etc.
(2) Loqed Touch Smart Locks can work:

	1.	In standalone mode - after initial setup with the Loqed App and with limited features;
	2.	In a local Wi-Fi network, mobile network, or via Bluetooth connection, where it can be operated through the Loqed App (full functionality);
	3.	Offline operation mode can also be temporarily available.
(3) Loqed Touch Smart Locks are compatible with several third-party systems and platforms and support integrations detailed in the “Integration” section within the Loqed App.

Art.13
(1) The Service provides the following basic features:

	1.	An intuitive dashboard with a customizable home screen designed for smooth control over your Loqed Touch Smart Lock;
	2.	Unlocking the Loqed Touch Smart Lock with a simple touch of the smart lock;
	3.	Remote opening and locking of your door through the functionalities of the Application;
	4.	Code access to the Loqed Touch Smart Lock;
	5.	Sending digital keys at each Service User’s discretion to friends and family through the functionalities of the Loqed App;
	6.	Allowing guests to open the door without installing the Loqed App by clicking a link;
	7.	Automatically locking or unlocking the Loqed Touch Smart Lock at a set time;
	8.	Setting time schedules by using the functionality of the Application for housekeeping, guests, etc.;
	9.	Voice control with integrated functionalities (e.g. Google Home and Alexa);
	10.	Checking if the Loqed Touch Smart Lock is locked or receiving real-time notifications when it is opened.
(2) The Service User should be aware that the available features and functions of the Service depend on the compatibility of the Loqed Touch Smart Lock with the type of door where it is installed and the capacity of the user (administrator or regular user). Not all features and functions might be available to the Service User. Due to the development of new models and upgrades of the Loqed Touch Smart Lock, as well as updates to the Service, it is possible that features and functions may be missing, replaced, or new ones may become available. The Service Provider is free to update the Service and its features from time to time as well as disable certain features or enable new features. The Service Provider will take all necessary measures to inform the Service User.
(3) The Service Provider uses reasonable care and skill to keep the Service operational and provides the Service User with the experience that is normally expected for this type of service. However, the Service features and their availability may change from time to time.
	11.	The Service may experience temporary interruptions due to technical difficulties, maintenance, or testing, or for necessary updates;
	12.	In order to improve the Service User experience and optimize the Service, the Service Provider reserves the right to provide replacement, modified, and updated versions of the Service. After a new version of the Service is released, the Service Provider does not guarantee that older versions of the Service will continue to be usable. The Service Provider shall not be held liable for any loss or damages as a result of replacement, modification, or updated versions of the Service, including but not limited to the unavailability or lack of support for previous versions of the Service.
(4) The Service Provider has no liability to the Service User, nor any obligation to provide compensation to the Service User, in connection with internet or other service outages or failures caused by third parties or events beyond the Service Provider’s control.

VI. RIGHTS AND OBLIGATIONS OF THE SERVICE USER

Art.16
(1) Upon use of the Service, the Service User is obliged to comply with these Terms, as well as with all other conditions imposed by the applicable laws. Subject to the Service User’s compliance with these Terms, the Service Provider grants the Service User a limited, non-exclusive, revocable license to make personal, non-commercial use of the Service. This license shall remain in effect unless terminated by the Service User or the Service Provider.
(2) The Service Provider has the right, at its sole discretion, to suspend, prohibit, or limit access to the Service and/or some of its features temporarily or permanently, by a specific user or in general, in the case of established or suspected abuse of these Terms, the applicable law, or third-party rights.

Art.17
(1) The Service User is responsible for ensuring that the data provided in connection to the registration with the Service is true, complete, accurate, and up-to-date.
(2) The Service Provider shall not be liable for any loss or damages that may occur for the Service User due to the provision of incorrect, incomplete, or false data.

Art.18
The Service User is solely responsible for the activity that occurs on their account and must keep their account password secured. The Service Provider shall not be held liable for any damages and/or loss caused by any unauthorized use of the account due to acts and omissions on the part of the Service User. The Service User must immediately notify the Service Provider in case of a breach of security or unauthorized use of their Account.

Art.19
(1) The Service User is obliged to inform themselves in advance whether the door on which the Loqed Touch Smart Lock is installed complies with the technical requirements necessary for the proper functioning of the Loqed Touch Smart Lock and the Service. The compatibility check is available within the Loqed App and on the following link.
(2) The Service Provider is not liable for any loss and/or damages in case of improper or impossible functioning of the Service, where the Service User has not complied with their obligations for ensuring the minimal technical conditions for its use.

Art.20
(1) The Service User is obliged to:

	1.	Not use the Service in any way that could damage the Service or the Service Provider’s general business;
	2.	Not use any “deep-link,” “robot,” or other automatic or manual device, software, program, code, algorithm, or methodology to access, copy, or monitor any portion of the Service, or in any way reproduce or circumvent the navigational structure or presentation of the Service;
	3.	Not gain or attempt to gain unauthorized access to any portion or features of the Service or any other system or network connected to the Service, by hacking, “password-mining,” or using any other illegitimate method of accessing data;
	4.	Not probe, scan, or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures of the Service or any network connected to the Service;
	5.	Not reverse look-up, trace, or seek to trace any information on any other visitor to the Service, including but not limited to personal information or other information that reasonably could be used to connect non-personal information to personal information;
	6.	Not use any device, technology, or method to interfere or attempt to interfere with the proper functioning of the Service and its features or any transactions occurring on the Service, or with any other person’s use of the Service, such as computer viruses and/or malware/malicious software.
(2) In case of a violation of these Terms by the Service User, the Service Provider reserves the right to prohibit or suspend access to the Service temporarily or permanently.

Art.21
(1) The Service User is obliged to settle their relations with an Internet provider of the local and mobile network, and ensure that the services and settings of the operator necessary for the operation of the Loqed Touch Smart Lock and the Service are available.
(2) The Service Provider shall not be liable for the improper functioning of the Loqed Touch Smart Lock and/or the Service when it is due to a lack of or low quality of the Internet connection.

VII. LIABILITY

Art.22
(1) To ensure smooth usage of the Service, its error-free performance, security features, and to extend its functionalities, the Service Provider may release updated versions of the Service from time to time. The Service Provider shall notify the Service User of any available updates via their registered e-mail or within the Service using personal or pop-up notifications.
(2) The Service User is solely responsible for installing the offered updates. The Service Provider shall not be held liable for any loss or damages in case any malfunctions of the Service occur or the Service becomes fully or partially unusable due to the usage of outdated versions of the Service.

Art.23
(1) The Service Provider shall not be held liable for any loss suffered by the Service User due to reasons attributable to third parties such as communication line failures, technical problems, network or mobile terminal device failures, system instability issues, and other force majeure factors.
(2) The Service Provider does not undertake responsibility for the availability of and/or the data processing by third-party services with which the Service User has shared access to the User Account.

Art.24
(1) Unless expressly specified in laws and regulations, the Service Provider shall do its utmost to ensure that the Service and the technology and information involved are safe, effective, accurate, and reliable. However, due to limitations in current technology, the Service User understands that the Service provider cannot provide any guarantee. The Service, like most other Internet and mobile services, may be affected by factors including, but not limited to, the network service quality and social environment. The Service may also be subject to intrusion from various security problems, such as viruses that threaten the security of the Service User’s terminal device information and data and may affect the normal use of the Service. The Service Provider shall not be held liable in the event that the Service is temporarily or permanently unavailable, nor for any loss and/or damages suffered by the Service User due to hacker attacks, harmful viruses, and/or other external interference beyond the Service Provider’s control.
(2) The Service may not be available due to reasons outside the Service Provider’s reasonable control, such as “force majeure” events (e.g., infrastructural breakdowns or blackouts).

Art.25
By accepting these Terms, the Service User acknowledges being aware that the information provided by the Service is dependent on a complex set of technical conditions. The Service Provider does not represent, warrant, or guarantee the accuracy, completeness, or timeliness of any information provided through the Service and shall not be liable for any loss or damages related to the lack or incorrectness of this information.

Art.26
In case of any malfunctions of the Service, the Service User may contact our Support team to obtain the necessary help and assistance to resolve the problems that have occurred.

VIII. PERSONAL DATA

Art.27
(1) In the course of using the Service, grounds for the collection of personal data may arise. Before initiating the use of the Service, the Service User is provided with an easy and accessible way to get acquainted with the applicable Privacy Policy in accordance with regulatory requirements. This includes information on the types of personal data, the grounds and ways of their collection, the data subject’s rights arising in connection with the collection of personal data, the contact details of the Data Protection Officer, the possible recipients to whom the personal data can be disclosed, and other detailed information.
(2) The Service User must use the Service in good faith and not in a way that might harm or endanger the rights and legitimate interests of third parties. The Service is developed to guarantee safety and security and is not intended for unlawful purposes or misuse.

IX. INTELLECTUAL PROPERTY

Art.28
(1) The Service Provider has and retains all its rights over the intellectual property on or related in some way to the Loqed Touch Smart Lock and/or the Service, including, but not limited to, its software, interface, content, functionalities, logos, graphic images or inscriptions, commercial symbols, dynamic symbols, texts, and/or multimedia content, irrespective of whether these are its own or received by way of contractual licenses or in any other manner.
(2) All Loqed trademarks, service marks, trade names, logos, domain names, and any other features of the Loqed brand (Loqed Brand Features) are the sole intellectual property of the Service Provider, or the Service Provider has all rights to their use. These Terms do not grant the Service User any rights to use any Loqed Brand Features, whether for commercial or non-commercial purposes.

Art.29
(1) Nothing in these Terms shall be deemed permission on the part of the Service Provider to the Service User to reproduce, copy, recompile, disassemble, reverse engineer, create derivative works, or modify in any other manner any part of the Service, including by entering any external content into it.
(2) The Service is licensed, not sold or transferred to the Service User, and the Service Provider retains ownership of all copies of mobile applications and web interface software even after installation on a Service User smart mobile device or access via an Internet browser.
(3) The Service is dedicated only to personal use as per its intended purpose. The Service User is not entitled to copy, transfer, or use the Service for commercial purposes. Any misuse of the Service for purposes other than those explicitly permitted under these Terms is prohibited and shall be considered a violation of these Terms and of the intellectual property rights of the Service Provider.
(4) In case of a violation of the above by the Service User, the Service Provider shall have the right to suspend their account, terminate the provision of the Service, and seek indemnification for the damages and losses incurred.

X. MISCELLANEOUS

Art.30
These Terms may be amended or modified unilaterally by the Service Provider at any time, at its sole discretion, or if the amendments have been imposed by virtue of legal acts entered into force, and without explicit prior notification to Service Users. Such amendments shall be effective immediately and shall be binding upon Service Users from the date of their uploading on the Service. Amendments may have retroactive effect. The Service User, on their responsibility, should read these Terms regularly and familiarize themselves with the amendments (if any). The continued use of the Service and its features and functionalities following the implementation of amendments will constitute the Service User’s binding acceptance of those amendments.

Art.31
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such a provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Art.32
All disputes arising out of or in connection with these Terms shall be settled by mutual negotiation. In the event of failure to reach a mutual agreement by negotiation, for Service Users who are EU citizens or have habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence, and may bring a claim to enforce your rights at the court in the EU country in which you live or enforce your consumer protection rights via Online Dispute Resolution, available at ec.europa.eu.

All rights reserved!
Shelly Europe Ltd.
Email: support@loqed.com

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