Last updated on 20.12.2018
This website is owned and operated by Silvae Technologies and its subsidiaries and affiliates (collectively “Silvae Technologies,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your legal rights to use or access our services, software, mobile application, and our websites (the “Services”) and Silvae Technologies hardware products or devices (“Products”). These Terms also govern your legal rights with respect to Third Party Services (defined below).Please read these Terms carefully before purchasing or using the Products or Services or purchasing or using Third Party Services. By using or accessing our Products or Services, or purchasing or using Third Party Services, you signify your acknowledgement and assent to the terms and conditions of use set forth below. These Terms (together with other user agreements, where applicable) constitute a binding legal agreement between you and Silvae Technologies (this “Agreement”). Please read these Terms closely because they contain important information about automatic renewal , a class action waiver , and an arbitration provision, require Silvae Technologies you to arbitrate any claims you may have against Silvae Technologies on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
*If you do not agree with these Terms, please do not purchase or use our Products or Services or Third Party Services. *
This Agreement represents the entire understanding relating to your purchase or use of the Products and Services or Third Party Services and prevails over any prior or contemporaneous, conflicting or additional communications between you and Silvae Technologies. All rights not expressly granted herein are reserved by Silvae Technologies.
Specific areas or pages of our websites may include additional or different terms relating purchase or to the use of our Products and Services or Third Party Services. In the event of a conflict between such specific terms and these Terms, the specific terms shall control.
The term “you” as used in these Terms, includes any person or entity who is the owner of the Product and creates an account associated with the Product (“Owner”), as well as any person or entity authorized to access or use the Owner’s Products and Services (“Authorized Users”). Authorized Users are responsible for their own actions in connection with the Products and Services, but Owner hereby agrees to be fully responsible for all actions taken by Authorized Users relating to the Owner’s Products, Services and account. As a result, if you are an Owner, you should authorize only those individuals that you trust to access your account, Products, and Services.
You represent and warrant that you are of legal age in your jurisdiction to form a binding contract (or if not, that you are over the age of 16 and you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
Except as set forth in the Dispute Resolution section, Silvae Technologies is free to revise these Terms or any other part of this Agreement at any time by updating this page. If we make changes to these Terms that we consider material, we will make reasonable efforts to notify you by placing a notice on the Silvae.online website, notifying you through the Services, by sending you an email, and/or by some other means. By continuing to use our Services after such changes, you are expressing your acknowledgement and acceptance of the changes. Please check these Terms periodically for updates.
We’re always trying to improve the Products and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Products or Services. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.
We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in this Agreement.
All right, title and interest in the Services and our content provided through the Products and Services (including without limitation information, documents, logos, graphics, designs and images) are owned by Silvae Technologies, its licensors, or designated third parties. Subject to these Terms, Silvae Technologies grants you a limited, non-transferable, non-exclusive right to access and use the Services for the sole purpose of monitoring and controlling the Products installed on your property and solely for your personal, non-commercial use.
Privacy and other laws applicable in your jurisdiction may impose certain responsibilities on you and your use of the Products and Services. You agree that it is your responsibility, and not the responsibility of Silvae Technologies, to ensure that you comply with any applicable laws when you use the Products and Services.
If your use of the Services or any Products is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services or any Products in a way that breaks the law.
You may be required to sign up for an account and select a password and user name (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Also, you will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
You represent, warrant, and agree that you will not capture or contribute any Content (as defined below) or otherwise use the Services or Products or interact with the Services or Products in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Products and Services.
Nothing on or in the Products or Services shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Silvae Technologies or any third party, whether by estoppel, implication or otherwise. All trademarks and trade names are the property of their respective owners.
Except as otherwise noted, Silvae Technologies is the owner of all trademarks and service marks on or in the Products and Services, whether registered or not, including, without limitation, Silvae Technologies, Silvae cloud and Silvae Online. Silvae Technologies expressly forbids the unauthorized use of its logos, trademarks or other graphics to create links.
What if I see something on the Services that infringe my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Silvae Technologies, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infrigers.
You may have the ability to publicly post or upload materials (including, without limitation, video, images, audio, commentary) (the “Content”), including, without limitation, Content captured through or in connection with your use of the Products and Services.
You are solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Products or Services (including Content you share through the Silvae Technologies feature or application) (collectively, “Shared Content”). You represent and warrant that:
(a) you own the intellectual property rights in Shared Content posted by you or otherwise have the right to post the Content and grant the license set forth below, and (b) the posting and use of your Shared Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person.
You hereby grant Silvae Technologies and its licensees an unlimited, irrevocable, fully paid and royalty-free, perpetual, worldwide right to re-use, distribute, store, delete, translate, copy, modify, display, sell, create derivative works from and otherwise exploit such Shared Content for any purpose and in any media formats in any media channels without compensation to you. You shall not use, reproduce, modify, upload, publish, transmit, distribute, display, or otherwise exploit for any purposes whatsoever any Content: (i) not owned by you without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. Silvae Technologies reserves the right, but shall not be obligated, to remove any Content from the Services at any time in its sole and absolute discretion. If you see Content that you believe violates our Terms, please flag it in our mobile application or report it to us by emailing smartkey@SilvaeTechnologies.eu.
You may enjoy our Silvae Technologies Service in the following ways:
Free Trial. When you first set up your Product, you will be automatically enrolled in a free thirty (30) day trial of the Silvae Technologies Lock system. If you do not enter into a paid subscription for a Silvae Technologies Lock System before the end of your trial period, your Silvae Technologies account will be deleted.
Paid Subscriptions. When you first set up your Product through the Services, or at any time after you begin using your Product, you may enjoy our Silvae Technologies Lock System by enrolling in our monthly or annual subscription plan, which will continue until you cancel your subscription. These subscription plans entitle you to access our Silvae Technologies Lock System for each payment period until such subscription is cancelled. Your paid subscription will automatically commence on the first day following the end of your trial period, on a monthly or annual basis depending on your election when you first set up your Product. By submitting your payment details in conjunction with the trial, you agree to this charge. To avoid this charge, you must cancel your Silvae Technologies Lock System by either contacting us before the end of your trial period or discontinuing the Silvae Technologies Lock System via the Silvae Technologies website.
Subscription fees are billed or charged on the first day of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Silvae Technologies reserves the right to cancel your Silvae Technologies Lock System subscription and to collect any rejection or insufficient funds fee and to process any such payment by the payment method you have submitted to us.
Auto-Renewal for Paid Subscriptions. Unless you opt out of auto-renewal, which can be done through your account settings by removing your payment information or by contacting us, any paid Services (for example, your Silvae Technologies Lock System) you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or discontinue your paid Services at any time, go to account settings or contact us. If you terminate a paid Service, you may use your subscription until the end of your then-current term and your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period, except as set forth in the Refund Policy below. Your non-termination or continued use of a paid Service reaffirms that we are authorized to charge your payment method for that paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, or as otherwise described when you initially selected to use the paid Service.
Cancellation of Subscription Services
You may cancel your Silvae Technologies Lock System by contacting us or through your Silvae Technologies account, at any time, with or without cause. After your cancellation, you will continue to enjoy access to the Silvae Technologies Lock System until the last day of your subscription period. After such subscription period ends, your Silvae Technologies account will no longer be accessible to you.
Product Refund. If, for any reason, you decide to return Product or a third party product that you purchased from us for a refund, you must notify us and return the Product or third party product to us within thirty (30) days from the date the Product or third party product was delivered. Unless the Product or third party product is faulty or not as described, you will be responsible for all costs associated with returning the Product or third party product to us (including uninstallation and the cost of shipping the Product or third party product back to us). We will refund the price you paid for the Product or third party product excluding original shipping charges.
Prorated Subscription Refund. If you cancel your annual Silvae Technologies Lock System subscription at any time within the first ten (10) months of your subscription period, you will be charged the monthly subscription fee (i.e., fee for the monthly subscription plan) for each month of your annual subscription period prior to your cancellation, and you will be eligible for a refund of the remainder of your annual subscription fee (minus any credits applied or partial refunds issued). We will not issue a refund for any unused portion of your monthly subscription after the first ten (10) months of your subscription.
Order Limits / End-User Customers Only
Silvae Technologies reserves the right, in its sole discretion, to refuse or cancel any order and limit order quantity. Silvae Technologies may also require additional qualifying information prior to accepting or processing any order.
You may be allowed to access or acquire third party products, websites, applications, content or services (“Third Party Services”) through our Services. A description or reference to any Third Party Service by or through our Services (including any description or reference via hyperlink) does not imply endorsement by Silvae Technologies of such Third Party Service. These Third Party Services are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Silvae Technologies has no control over the content or policies of such Third Party Services, and we are not responsible for (and under no circumstances shall we be liable for) the contents, accuracy, reliability, quality or security of any such Third Party Service. Third Party Services may be subject to their own warranties, terms of service, and privacy policies. You may be required to agree to those third party terms to use the Third Party Services. Please review all information about Third Party Services before purchasing them through Silvae Technologies. Those who choose to access information provided by third parties (including any information obtained through our Services) are solely responsible for the compliance of such information with any applicable law.
From time to time, Silvae Technologies may develop updates, upgrades, patches and other modifications to improve the performance of the Services and/or the Products or for other reasons in our sole discretion (“Updates”). You agree that Silvae Technologies may automatically install such Updates without providing any additional notice to you or receiving any additional consent from you.
Silvae Technologies is pleased to hear from its customers. However, we do not accept or consider any unsolicited creative ideas, suggestions or other materials related to products, services or marketing. Anything you disclose or offer to us by or through our websites or our Services (“communications”), including e-mails to Silvae Technologies or postings on interactive portions of our websites, shall be deemed and shall remain the property of Silvae Technologies. If you send us such communications, you do so on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such communications. Silvae Technologies is free to use, for any purpose whatsoever, any communications, including but not limited to publishing, developing, manufacturing, and marketing our Products or Services using such communications. By submitting communications to us through our websites, via e-mail, or by any means, you hereby RELEASE Silvae Technologies from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any such communications. By uploading or otherwise providing any communications to our websites or to Silvae Technologies, you hereby grant Silvae Technologies, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify, and create derivative works from such communications for any purpose and in any media without compensation to you.
Downloading or using our software (including our mobile application) does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with these Terms. Our software is copyrighted by Silvae Technologies or its licensor(s), and may be protected by one or more patents owned by Silvae Technologies or its licensor(s). Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble or otherwise reverse engineer the software. Products and Services offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software. These Terms apply to your use of all the Products and Services, including software that may be downloaded to your smartphone or tablet to access the Services (the “Application”). The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Products and Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Products and Services. You will only use the Application in connection with a device that you own or control.
To the fullest extent permitted by law, you acknowledge and agree that you will defend, indemnify and hold Silvae Technologies harmless against all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with any claim brought against us by any third party as a result of your or your Authorized Users’ use of the Services and Products, notwithstanding the foregoing this indemnification shall not apply to claims based on Silvae Technologies’s own willful, wanton, or intentional misconduct by Silvae Technologies.
Silvae Technologies makes no representations or warranties that our Products or Services are free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of our websites or Silvae Technologies’s computer systems.
This website may contain errors and may not be complete or current. Silvae Technologies therefore reserves the right to the fullest extent allowed by law to correct any errors or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors or omissions may relate to product descriptions, pricing and availability. We reserve the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order. We apologize for any inconvenience.
EXCEPT FOR THE LIMITED WARRANTY PROVIDED ON OUR WEBSITE, OUR PRODUCTS AND SERVICES ARE PROVIDED ‘AS IS,’ AND SILVAE TECHNOLOGIES DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DO WE IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE OR THE SERVICES. WE DO NOT WARRANT THAT OUR PRODUCTS OR SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SILVAE TECHNOLOGIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, THE PRODUCTS, OR THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL SILVAE TECHNOLOGIES’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PRODUCTS OR SERVICES AT ISSUE WITHIN THE PRIOR TWELVE (12) MONTHS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. SILVAE TECHNOLOGIES DISCLAIMS ALL LIABILITY OF ANY KIND OF SILVAE TECHNOLOGIES’S LICENSORS AND SUPPLIERS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL SILVAE TECHNOLOGIES BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
YOU USE THE PRODUCTS AND SERVICES AT YOUR OWN RISK. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE SERVICE, AND YOU AGREE TO HOLD SILVAE TECHNOLOGIES HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON YOUR USE OF THE SERVICE, INCLUDING CLAIMS FOR LOST DATA OR CONTENT, WORK DELAYS OR LOST PROFITS RESULTING FROM YOUR USE OF THE SERVICES.
Mandatory, Bilateral Arbitration and Waiver of Class Actions
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
YOU AND SILVAE TECHNOLOGIES AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICES AND OR PRODUCTS, TO THIS AGREEMENT, OR TO THE CONTENT, ANY RELATIONSHIP BETWEEN PRODUCTS SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION,
Before initiating an arbitration, you and Silvae Technologies each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought should be emailed to Rudi@SilvaeTechnologies.eu. We will provide a Notice of Dispute to you via the email address associated with your Silvae Technologies account. You and Silvae Technologies agree to attempt in good faith to resolve the Dispute prior to commencing an arbitration and not to commence any proceeding until a forty-five (45) day post-notice resolution period expires.
If no final conclusion can be made in the 45 post-notice period The construction, validity and performance of this Terms and Conditions police shall be governed in all respects by Bulgarian law. Any dispute in connection with the present Agreement shall be subject to the courts of Ruse.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us.
Please see our Privacy Notice for information regarding the collection and use of personal information collected through our Products and Services. Despite any representations concerning privacy, Silvae Technologies reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.
Questions concerning these Terms, requests for cancellation or refund of your Silvae Technologies Lock System subscription, or other requests or questions should be directed to the contact point specified at the end of these Terms.