Kaimai: End User License Agreement (EULA) for the application

Kaimai: End User License Agreement (EULA) for the application

Date of last update: 1 February, 2024

1. OBJECT

The purpose of this End User License Agreement (hereinafter, “EULA” or “Agreement”), as well as the Privacy Policy and Terms and Conditions of Use and Download (jointly, "Conditions") is to establish the requirements under which JCM Technologies, S.A.U. (hereinafter, “JCM”) grants the User the temporary, limited and non-exclusive, non-sub licensable, and non-transferrable right to use the services provided by the Kaimai mobile application (hereinafter, “Application”, “Software” or “Kaimai”) owned by JCM, creating a contractual relationship between both parties.

Browsing, registering, and using the mobile application implies full agreement and compliance with this Agreement. For this reason, it is highly recommended that the User carefully read it before using the application.

2. AGREEMENT

Agreeing to these Conditions implies that the User:

Has legal capacity to enter into binding agreements.
Declares that they are a professional and shall solely use the Software in this capacity.
Has read, understood, and agreed to the Privacy Policy, available at this link: https://www.jcm-tech.com/legal/kaimai-privacy-policy/.
Has read, understood, and agreed to this Agreement and Conditions.

JCM reserves the right to make the modifications it deems appropriate to the Software, as well as to the conditions set forth in the EULA, at any time. It shall be deemed that the User agrees to said conditions if they continue to use the application afterward. If any of these Conditions were declared null or void, this section shall be deemed as excluded, this not affecting the validity or enforceability of the other contents.

3. ACCESSIBILITY

For proper operation and accessibility to the Software, the User must:

Have a mobile device with an Android or iOS operating system.
Have an Electronic Device previously installed on the community or private garage door.
Have Activation Permission granted by the Building Administrator or the installer and/or distributor in charge of establishing the JCM Electronic Device.
Have an internet connection via a wireless telecommunications network or local connectivity with the JCM Electronic Device via Bluetooth. Depending on the mobile device's operating system and the services hired, grant permission as pertinent for the hired function.

4. SERVICE FUNCTIONS

Kaimai is a mobile application developed by JCM and intended for professionals in the access mechanism distribution and installation sector. The objective is that the User can manage access control for professionals and detect flaws or dysfunctions that affect the proper opening or closing of doors, assessing the causes behind them, and repairing them.

Details on the service's functions can be found in the Annex to the Privacy Policy.

5. USER REGISTRATION

In order to use the Software and the services it offers, the User must register on the application, following the steps explained below:

During registration, Users will be asked for identification information, such as name and surname(s), in order to provide secure and personalised access for each User account.
The data Users provide must be complete and accurate, including door number, stairway, and building for buildings with more than one dwelling.
When registering, the User must accept these Conditions to complete Registration. The User shall also be asked to provide consent if they wish to receive news and deals on products that JCM may offer.
If this is a service for a Neighbourhood Association, the function will only appear if the email used for registration matches the email provided to the Building Administrator and/or Installer of the JCM solution. This condition is mandatory and necessary to guarantee private and secure access to facilities.
To verify information regarding the address of the house or facility, an email will be sent to the address provided by the User.

If you purchased the license directly, you will be provided with Activation Permission so you can use the functions you have hired. This is a code that may be delivered by physical means or to the email address, which must match the address used for registration.
If you received a license from your Building Administrator and/or JCM solution installer: you will be notified of registration via a window in the application, where the User must accept or reject use of the hired function.

The User agrees to and accepts that their personal data provided in the registration form shall be processed. For more information, please see the Privacy Policy .

6. REQUIREMENTS AND LIMITATIONS ON USE OF KAIMAI FOR REGISTERED USERS

The registered User must use the Software services by following these Terms, and also apply pertinent legal regulations. In this regard, JCM shall not be held responsible for any liability that may arise for use other than the functions agreed to and set forth in these Terms.

JCM waives any liability that may stem from:

Internet providers, wireless networks, or mobile data via GSM hired by the User that may include flaws in the network system, connection errors, unavailability, interruptions to service, or similar, that are beyond its control.
The functioning, lack of connection, or unavailability of the network, in cases where the Building Administrator and/or installer have provided the JCM Electronic Device with a SIM other than the one provided by JCM, or configured internet access via WiFi. In these cases, liability falls on the provider of the SIM not supplied by JCM.

JCM waives all liability stemming from cases where the user's mobile device (hardware and software) is affected by force majeure, or for other reasons stemming from the User's improper use, which may include:

Affecting the mobile device's software by introducing malware, viruses, or malicious files from applications or web domains not belonging to JCM.
Deficient function of the mobile device due to lack of diligence in use.
Lack of operation due to not updating the latest version of Kaimai.

In turn, the User undertakes to:

Use Kaimai according to the instructions set forth in these Terms. This includes diligent collaboration, providing the necessary information so that JCM can provide the Service, as well as prohibition of using the Software for non-professional activities.
Not use functions and data beyond those established in Kaimai. This includes altering the Software and introducing or implementing electronic applications contrary to regulations and that may prove malicious.
Accept all liability stemming from the supply, maintenance, and security of their network connections, as well as telecommunications links. JCM shall not be held liable for any problem stemming from the delay, failure in delivery, loss, or damage resulting from irregular or defective internet connections hired by the User.
Not transfer the account or grant the activation code to third parties that may lead to unauthorised access or use the code for scamming or abusive ends. If the User becomes aware of this situation, they must inform JCM at the following email address: sat@jcm-tech.com. If JCM detects an intrusion or unauthorised access, as well as a violation of these Terms, the User's account may be blocked until the issue is clarified or, if applicable, definitively deleted.

7. USER RESTRICTIONS

The User must not:

License, sell, rent, lease, re-sell, transfer, distribute, make any alteration stemming from reverse software engineering, copy, reuse, modify, or significantly alter the software granted by JCM.
Install the software on inadequate devices or that lack security measures.
Use the software for purposes other than for which it was designed, including: personal use, sending spam, fraudulent information, sending or storing harmful programmes or messages, threats that jeopardise the system's integrity or operation of the software, provide a service similar to the software that competes with the service provided by JCM, or carry out any other purpose against the law.

In any event, notwithstanding other rights to which it is entitled by means of these Terms, JCM reserves the right to take pertinent legal action, as well as possibly suspend the User's use of the software, if it is proven that the User has not fulfilled the obligations set forth in clauses 6 and 7. In the latter case, JCM and the User are bound to act in good faith and cooperate to resolve disputes that may arise as a result of said restriction and/or suspension.

8. FINANCIAL CONDITIONS

As of the date of this Agreement, access, registration, and use of the Software's functions are subject to the User obtaining the licenses they have hired.

9. LIABILITY LIMITATION

JCM waives any liability that may be caused by:

Causes attributable to homeowners, president of the association, or similar.
Causes attributable to the Building Administrator and/or installer who hired or did not hire the User to conduct the work for which they were authorised. This includes liability limitations in legal, professional, and personal terms.
Causes attributable to unauthorised third parties.
Fraudulent use of the application, including identity theft or accessing facilities in a fashion against the law.

Additionally, JCM waives all liability related to causes that may alter Kaimai's proper operation for which, due to their nature, JCM cannot be held liable, such as:

Interruptions in Kaimai's service or specific unavailability of services for technical reasons or updates.
Service interruptions that mean the Building Administrator and/or installer cannot update the data or register Users as a result of legislative changes, force majeure, natural disasters, or similar.
Using a SIM not provided by JCM.
Internet connection or WiFi network failures from a SIM not provided by JCM.

10. PERSONAL DATA PROCESSING

In light of these Terms, the User is hereby informed that JCM shall process their data as Data Controller. Details on how JCM processes personal data are set forth in the Privacy Policy.

The User agrees and acknowledges that applicable regulations on personal data protection may force JCM to reveal certain personal data or other information related to the User to Security Forces and Entities, as well as Judges and Courts, when there is a legal provision to do so.

11. INTELLECTUAL PROPERTY

JCM is owner or licensee of all intellectual and industrial property rights included in Kaimai, as well as the contents accessed through it, which include (but are not limited to) photographs, texts, images, videos, application design and structure, and more. The User agrees and acknowledges that they cannot make undue use of any section in Kaimai.

If JCM is not owner of licensee of any contents described in the application, they have been acquired from sources accessible to the entire public, and JCM waives all liability that may arise from the ownership over said contents.

The User's registration, access, use, and browsing of Kaimai does not entail granting, transferring, or licensing of any content announced in the application. Consequently, the User is forbidden from totally or partially exploiting, copying, reproducing, altering, transferring, or distributing Kaimai's content.

The User is authorised to provide recommendations, ideas, suggestions, or comments about the design and function of Kaimai. To this end, JCM reserves the right to use any of the described actions, even for commercial purposes, without providing the User with any financial compensation for doing so.

12. AGREEMENT TERMINATION

Notwithstanding provisions in clause 9, both the User and JCM may terminate the Agreement if it is proven that either of the two parties have failed to comply with any of the established Terms.

Regardless of the cause for termination, the User agrees and acknowledges that they shall not be entitled to use the Software and their access to the service will be blocked.

13. LEGAL SYSTEM AND CONFLICT RESOLUTION

These Terms are subject to regulations applicable in Spain. If any provision in this document proves invalid, this shall not affect the validity or application of the other terms.

Conflicts or disputes that may arise shall be submitted to the Courts of Barcelona.