Kaimai: Terms and conditions of the application
Date of last update: 1 January 2024
These Terms and Conditions regulate downloading, accessing, and using the mobile application "Kaimai," owned by JCM TECHNOLOGIES, SAU (hereinafter, "JCM"), which JCM makes available to Users.
By downloading, browsing, accessing, or using the Application, the user accepts and agrees to these conditions for use without reservation.
JCM reserves the right to occasionally modify these conditions for use without prior notice. The updated conditions for use shall enter into force beginning the date that they are shared with the User.
If you do not agree with any of these conditions for use, you must immediately cease accessing the Application and using the services provided therein.
1. DEFINITIONS.
In these conditions for use, the terms below have the following definitions:
“Application” means the Kaimai application, available for download through the Apple™ App Store and Google™ Play Store.
“Account” means an account created by a User in the Application as part of Registration.
“Registering” means creating an account in the Application and “Registration” means the act of creating said account.
“Services” means all the services provided by JCM or any supplier company authorised by JCM through the Application to Users, and "Service" means any one of them.
“Users” means users of the Application, including yourself, and “User” means any one of them.
“Mobile telephone services provider” means your pertinent mobile network supplier.
“Activation Permission” means that the system the distributor or authorised installer will provide to you, and subject to the User's acceptance of the End User License Agreement (EULA), will allow operation of the Application based on the hired services.
“JCM Electronic Device” means a device manufactured by JCM or integrated into the JCM solution and installed at the access point one wishes to manage with the Application.
“Privacy Policy” means the privacy policy set forth in these Conditions for Use.
2. PURPOSE.
The Application is for conducting technical maintenance functions and services on automatic doors and other access points with a JCM Electronic Device installed. It may be used through the mobile device where it is installed, provided that you have the pertinent Activation Permission, subject to acceptance of the End User Software License Agreement (EULA).
The Application is provided to Users for professional or business use. Consequently, it is not intended for end consumers, and under no circumstances is Royal Legislative Decree 1/2007 of 1/2007 November applicable, which approves the restated text of the General Law for the Defence of Consumers and Users and other complementary laws.
3. TECHNICAL REQUIREMENTS FOR USE OF THE APPLICATION.
3.1. To download the Application, you will need: (i) an Android or iOS mobile device, (ii) an internet connection, and (iii) appropriate telecommunication links.
3.2. You hereby acknowledge that the terms of the agreement with your mobile telephone service provider shall remain in force when you use the Application. As a result, your mobile telephone service provider may charge you for accessing network connection services throughout the time that the connection lasts while accessing the Application, or any third-party charge that may arise. You accept liability for any charge that may arise.
3.3. If you are not the individual who pays the bill for the connection to the internet used to access the Application, you declare at your own liability that you have received permission from the individual responsible for paying the bill to use the Application.
4. OPERATION OF THE APPLICATION.
4.1. The Application is free to download.
4.2. The Services that the Application offers may require payment, depending on provisions in the special conditions for the End User Software License Agreement (EULA) set forth to this end, based on the Services available at each moment and that the User agrees to hire.
In order to enjoy the Services offered by the Application, you must complete the Registration process by following the instructions provided by the Application after downloading it. During the Registration process, and even afterward, the User must accept the End User Software License Agreement (EULA), and then provide Activation Permission depending on the functions hired.
5. USER STATEMENTS AND OBLIGATIONS
5.1. Statements and guarantees.
The User:
a) Declares, at their own liability, that they are not a consumer or user, but shall rather use the Application for sales, business, trade, or professional activity.
b) Acknowledges that all data they provide for Registration are saved on our servers and that JCM shall not collect any personal data before Registration.
c) Guarantees that all the information provided during Registration and contained as a part of their Account is true, complete, and accurate, and shall immediately inform JCM as to any change in said information, updating the information on their Account through the Application.
d) Declares that they are owner, or hold due authorisation from the owner, of all text or images (including photographs) that they add to the Application during the Registration process or to use the Application.
e) Acknowledges that all electronic transfers of non-personal data may potentially be intercepted by other parties and JCM cannot guarantee that transfers of non-personal data for the Application or sent emails will not be monitored or read by other parties.
5.2.- Obligations.
5.2.1. The User shall refrain from using or allowing another party to use the Application:
a) in such a way that violates copyright, personality rights, publicity rights, or privacy rights, or any other rights belonging to third parties.
b) without having obtained all licenses and/or approvals necessary (from JCM or third parties), such that using the Application constitutes or fosters conduct considered a crime, that leads to civil or criminal liability, that contravenes the law, or that violates the rights of any third party in any country in the world.
c) such that it is technically harmful (including computer viruses, logic bombs, Trojans, worms, harmful components, corrupt data, or other malicious software or harmful data).
d) to intercept or attempt to intercept any communication sent through a telecommunications system.
e) for any purpose other than what the Application or the Services were designed for.
f) for any fraudulent purpose.
g) for other situations that do not fall under accepted practises online and practises for any connected network.
5.2.2. The User undertakes not to commit the following, nor allow anyone else to do so:
a) use, transfer, or share data or personal information shown in the Application.
b) provide false data, including false names, addresses, and contact information.
e) attempt to bypass the Application or the network's security mechanisms, including access to data not intended to be accessible to the User
d) login to a server or account which they are not expressly authorised to access or test the security of other networks (like executing a port scan).
e) execute any kind of network monitoring that could intercept data not intended for the User.
f) conduct fraudulent interactions or transactions (including interactions or transactions supposedly on behalf of a third party in the event that the User is not authorised to bind said third party or pretending to a third party in any other way).
g) extract data or pirate the Application.
h) use the Application contrary to these terms of use.
i) participate in any illegal activity related to the use of the Application or Services.
j) conduct any behaviour which, per JCM'S judgement, restricts or prevents any other User or client from appropriately using or enjoying the Application or Services.
k) use the Application on a mobile telephone or other portable device that was routed or modified without authorisation.
5.3.3. The User agrees to waive JCM'S liability and to not hold it responsible for any claim, suit, litigation, or proceedings that have been filed or may be filed against JCM as a result of:
a) Their use of the Application or Services.
b) Use of the Application or Services by any other party using their email address, password, and/or any identification number assigned by JCM and/or by an authorised distributor.
c) Their failure to comply with any of these terms of use and payment for damages, costs, and interests in relation to said claim, suit, litigation, or proceedings.
6. RESERVATION OF RIGHTS AND LIABILITY LIMITATION FOR JCM.
6.1. JCM reserves the right to edit, update, modify, suspend, eliminate, or terminate the Services or the Application, including all or part of their content, at any time and with no prior notice, and to modify the type of access or access method to the Application.
Possible reasons for modification may include adaptation to possible new laws, to allow for repairs, for maintenance, to add new facilities or services, and changes in the Application, as well as reasons stemming from type codes or strategic or business reasons.
6.2. Liability for use of the Application falls exclusively on the User and JCM shall not be held liable for the use made of the Application by individuals other than the User.
Consequently, JCM shall not be held liable for:
a) third-party actions or omissions, for any reason, nor for direct, indirect, incidental, special, consequent, or punitive damages, for any reason, that are a result of or are related to the Application and the Services offered in the Application to which they have access, use or inability to use the Application or Services offered in the Application, and dependency or download of the Application and/or Services, or any delay, inaccurate information or transfer of information, including, but not limited to, damages due to lost business or profit, use, data, or other intangibles.
b) any indirect, consequent, collateral, special, or incidental loss or damage suffered or incurred in by the User in relation to the Application and these terms of use.
6.3. In these terms of use, indirect or consequent loss or damage includes, but is not limited to, lost income, revenue, anticipated savings or business, loss of data or funds, loss of use or value of any equipment, including software, third-party complaints, and all associated and incidental costs and expenses.
6.4. The exclusions and limitations above are only applicable to the extent permitted by the law. None of your legal rights can be excluded or limited if affected.
6.5. The Application is provided "as is," and the User is the sole party liable for choosing the Application and the use or function they make of it. Consequently, JCM shall not be held liable nor shall guarantee that the Application is suitable for the User's intended technical applications or uses, nor to reach, totally or partially, the User's objectives when downloading the Application.
6.6. JCM does not guarantee that the Application will always be accessible, uninterrupted, timely, secure, free from error or computer viruses or other invasive or damaging codes, or that the Application will not be affected by any fortuitous circumstances or other events of force majeure, including the impossibility of obtaining or scarcity of necessary materials, device installations, power, or telecommunications, lack of telecommunications facilities or devices, or breakdown of information technology or telecommunications facilities or devices.
7. SUSPENSION OF USE.
7.1. JCM reserves the right to block access and/or edit or eliminate any material which, in its reasonable opinion, could lead to a violation of these terms of use.
Additionally, if the User or any other individual who is not the User, uses the Application or any Service in contradiction with these terms of use, JCM may suspend their use and refuse to reinstate it until we receive a guarantee from the User that there will be no more non-compliance in a fashion that JCM considers acceptable.
7.2. JCM shall fully cooperate with any law enforcement authority or court order requesting or ordering JCM to reveal the identity or to locate any individual who violates regulations.
7.3. JCM'S rights pursuant to this clause 7 shall not jeopardise any other right or recourse that JCM may have regarding any other failure to comply or any other right, obligation, or responsibility.
8. PERSONAL DATA PROCESSING
8.1. Upon executing the download and until Registration, JCM guarantees that it shall not conduct any activity to process the User's personal data.
8.2. Notwithstanding, to complete Registration, the User acknowledges and consents to JCM'S processing of their personal data as Data Controller, after agreeing to and reading the End User Software License Agreement (EULA).
9. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
9.1. Intellectual and industrial property rights to the Application are owned by JCM. JCM holds exclusive rights to exploitation, in any fashion, and especially, rights to reproduce, distribute, publicly share, and transform.
All editorial content, information, photographs, illustrations and other graphic materials, names, logotypes, and trademarks in the Application are protected by copyright laws and/or other laws and/or international treaties, and they belong to JCM and/or its suppliers, as applicable. These works, logotypes, graphics, sounds, and images cannot be copied, reproduced, re-sent, distributed, shared, sold, published, issued, or distributed, neither totally nor partially, unless JCM and/or its suppliers, as applicable, provide express authorisation.
9.2. None of the contents of the Application should be interpreted as granting any license or right to use any trademark shown in the Application. It is forbidden to use any trademark or any other content shown in the Application.
9.3. JCM shall not hesitate to undertake legal action against any unauthorised use of its marks, trade name, or symbols to preserve and protect its rights in this regard. All rights not expressly granted in this document are reserved.
10. APPLICABLE LAW AND JURISDICTION
The Application may be accessed from every country in the world where local technology allows one to do so. Given that each one of these locations has different laws, in terms of any dispute that may arise from and/or in relation to these terms of use upon accessing the Application, both the User and JCM agree to submit to the laws and courts of Barcelona (Spain), expressly waiving any other jurisdiction or law that may be applicable.
