1.1 This User Agreement (hereinafter - "Agreement") governs the relationship between the Limited Liability Company "Cybernetics Technologies" (hereinafter - "Company") and a legally capable individual who has validly joined this Agreement to use the Service (hereinafter - "User").
1.2 The Company provides the User with the Keyless Access Service (hereinafter the Service) in accordance with and subject to the terms and conditions of this Agreement. The Agreement may be amended by the Company without any special notice, the new version of the Agreement comes into force from the moment of its posting on the Internet at the address specified in this paragraph, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always available at https://smartairkey.com/ru/terms.
1.4 By starting to use the Service and/or its individual functions, or by completing the registration procedure, the User is considered to accept the terms of the Agreement in full, without any reservations or exceptions. In case the User does not agree with any of the provisions of the Agreement, the User has no right to use the Service. In case the Company has made any changes to the Agreement in the manner prescribed in paragraph 1.3 of the Agreement, which the User does not agree with, the User is obliged to stop using the Service.
Terms and definitions used in the Agreement
2.1 In the Agreement, unless otherwise expressly provided in the text of the Agreement, the following words and expressions shall have the meanings given below
2.2 Agreement - this User Agreement, which regulates the relationship between the Company and the User throughout the entire period of the Service.
2.3 "User" means a legally capable individual who has joined this Agreement, either on his/her own behalf or on behalf and in the interests of the represented legal entity.
2.4 Website - is an automated information system available on the Internet at network addresses in the following domains (including sub-domains) smartairkey.com.
2.5 Mobile Application - SmartAitkey software for cell phones.
2.6 Digital Key - an aggregate of data that gives the User access to the Access Object.
2.7 Hardware - SmartAirkey Mobile Access Controller.
2.8 Device - a personal computer, tablet, cell phone, smartphone or any other device that allows the User to use the Application and/or Service for its intended purpose.
2.9 Service - a complex of hardware and software applications and services that provide the User with keyless access via Smartphone.
2.10. Content - images, text, audio and video materials, as well as other objects of copyright and (or) related rights, as well as non-copyrighted information and messages of any kind.
2.11. "Personal profile" means a personal section of the Service, which the User can access after registering and/or logging in on the Website.
2.12. Account information is the User's login, password, name and email address in the system.
2.13. Account - is the user's account on the Site.
2.14. Authorization - is the identification of the User in the Service by entering account information.
2.15. Personal Account - means the information about the cost of the services paid for by the User in the Service.
2.16. Tariff - is the system of rates paid for the use of the Service.
2.17 "Access Target" means a building or area to which SmartAirkey Equipment is installed for access.
2.18. Administrative Digital Key - a special digital key allowing the user to control the Equipment settings and access to the Equipment via digital keys.
2.19 Service Organization - means an organization that maintains SmartAirkey Equipment.
2.21. Application - the Company's software.
3. User Registration - the Company's software. 3.
3.1 In order to use the Service under this Agreement, the User must follow the mandatory procedure of creating an account in the Mobile application or on the Site (hereinafter "Registration"). User registration is free of charge and voluntary.
3.2 During Registration the User is obliged to provide the Company with accurate and up-to-date information necessary for creating an Account, including a unique login (cell phone number), e-mail address and password, as well as a name for each User. The registration form may request additional information from the User.
3.3 After providing the information specified in paragraph 3.2 of this Agreement, the User must confirm the registration by entering the symbolic code received in the text message to the User's phone number.
3.4 Upon completion of the Registration process, the User becomes the owner of the Account, which means that the User is responsible for the security of the Account information as well as for everything that is done in the service under the User's Account. The User is obliged to immediately notify the Company of any case of unauthorized access to the Account, i.e. by a third party without the User's consent and knowledge and/or of any breach of security of the User's Account information. The Company is not responsible for possible loss or damage of data which may occur due to violation of the provisions of this paragraph of the Agreement by the User. 3.5.
3.5 To start using the Service, the User must log in to the Mobile application or in the special section of the Website.
3.6 The Company has the right to request the User to confirm the data (information) they have entered or entered in the future, and to request documents confirming such data (information), including documents confirming their powers, which the User is acting on behalf of a legal entity or an individual entrepreneur, by setting a deadline for providing the requested documents. Non-submission of documents confirming the data (information) or powers under which the User acts in the Account, or submission of documents which do not allow to unambiguously confirm the data (information) or powers of the User is a reason for deleting (blocking) the User's account or removing the User's account.
3.8 The Company has the right to block and prohibit the use of certain logins in cases where the login misleads with regard to the User's account, violates generally accepted moral and ethical standards, is obscene, and set requirements for the login and password (length, allowable characters, etc.).
4.1 The Service may only be used at sites equipped with SmartAirkey or partner devices using SmartAirkey technology.
4.2 Site access rights are issued to the User by the Access Administrator in the form of digital keys.
4.3 The User may accept or reject an incoming key. If the Digital Key is accepted, the User receives object access rights. If the Digital Key is rejected, the User receives no access rights and cannot use the Service at that site.
4.4 By receiving the Digital Key, the User agrees to the rules of access to the Facility and the established tariffs for the use of the Service for this Facility and/or the services of the Access Facility.
4.5 The User has the right to remove the Digital Key at any time, which means terminating the use of the Service at that object, and terminating the billing for the use of the Service at that object
4.6 The User has the right to send permanent and temporary Keys to other Users, if this function is allowed by the Administrator.
4.7 If the Administrator of Access has set a fee for using the Service at the given Object, or for using the services of the Access Site, the User may use the previously funded Personal Account in the Service to automatically charge for those services, if the Administrator of Access has made this available.
4.8 The transfer of funds by the User to the My Account on the Service Means the payment of the Service fees. Services of the Service are considered provided immediately after the money has been credited to the Company's account.
4.9 Payment for the services of the Service is accepted in Russian rubles in accordance with the current legislation of the Russian Federation. In case of non-cash payment the currency conversion is done automatically.
4.10 The User has the right to contact the technical support of the Service by phone or e-mail specified on the Site, to eliminate the problems in the work of the Application or the Site.
4.11. The User has the right to contact Technical Support of the Access Administrator by phone or email specified in the Digital Key to troubleshoot problems with the SmartAirkey equipment installed at the Access Site.
4.12. To troubleshoot problems in the mobile application, the Company has the right to collect technical logs of the application and equipment that relate exclusively to the operation of the service and do not contain personal information of the User, data about their location and information of other applications installed on the User's smartphone.
4.13. The Access Administrator has the right to record the User's passage through access points where SmartAirkey equipment is installed. User access time data may be available to the Administrator in the Personal Area of the Access Administrator.
4.14. If a user purchases the SmartAirkey system for personal use, they receive an Administrative key by scanning a QR code.
4.15. The SmartAirkey Service may update the Mobile App, the Site and the Equipment's firmware to support compatibility with new smartphones and operating systems without further user consent.
4.16. The Equipment shall be serviced by a specialized service organization. The level of service is determined on the basis of an agreement between the Service Organization and the Administrator of access or the Company.
5.1 The Site is used by the User for receiving information from the Company and Registration.
5.2 The Personal account of the User on the Site is used to view the Digital Keys, lock and unlock the Digital Keys of the User in case of loss of the phone, view the status of the Personal account, the history of operations, and replenish the Personal account.
6. Rights and Responsibilities of the Company
6.1 The Company has the right to send the User information about the operation of the Service, including posting information and other messages within the Application.
6.2 The Company has the right to edit or delete materials if they do not comply with the requirements of the current legislation of the Russian Federation and the terms of this Agreement, or are harmful to the Company or third parties.
6.3 The Company has the right to transfer the rights and obligations under this Agreement to third parties in order to fulfill this Agreement without additional
6.4 The Company is not responsible for any technical failures or other problems of any third-party telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failure of email services or scripts for technical reasons.
6.5 The Company is not responsible for any damage to the computer, mobile devices, any other hardware or software of the User or any other person caused by or related to downloading materials from the links posted in the Appendix by other users.
6.6 Under no circumstances shall the Company or its representatives be liable to the User or to any third parties for any indirect, incidental, unintentional damage, including loss of profits or lost data, damage to honor, dignity or business reputation, caused by the use of the Service.
6.7 The Company has the right to collect and use technical data and related information, including but not limited to technical data about external devices and software of the User's device, system and application. This information is collected periodically and is intended to facilitate the provision of software updates to the User
software updates, technical support and services (if any) related to the Application. The Company may use this information (provided that it cannot be used to identify the User) to improve its products or to provide its services and technologies to the User.
6.8 The User agrees that the Company is not obliged to review the information (materials) posted by the User via the functions of the Service, when the posting is allowed by the Service, and that the Company has the right (but not the obligation) to refuse to post or delete the information (materials) which is available through the User Account or using the Service, if such information is not complete, unreliable or information (materials) violates the Law.
7. User's rights and obligations
7.1 The User agrees to properly comply with the terms of this Agreement.
7.2 The User shall independently ensure non-disclosure (secrecy) of the data stored in the Account, including the password and shall be liable for
responsibility for their disclosure in any way, including all risks and losses incurred in connection therewith. Disclosure of Account data is a material breach of this Agreement.
7.3 The User is responsible for all actions taken under their Account and using their username and password, as well as for all actions taken from their Mobile Device on which the SmartAirkey Mobile Application is used. The User undertakes to immediately notify the Company of any security breach or unauthorized access to the Account. If the User fails to fulfill this obligation, the User is solely and fully responsible for the actions taken under his Account. At the User's request the User's Account may be technically blocked.
7.4 The User undertakes not to mislead other Users and third parties by using the Application.
7.5 The User undertakes not to use the Application to send messages, advertising, informational and other types of messages without the explicit consent of the recipients. Such consent shall be obtained in the cases and in the form provided by the legislation of the Russian Federation.
7.6 The User undertakes not to use the Application in violation of the rights and legitimate interests of third parties, subscribers of network operators and
the laws of the Russian Federation
7.7 The User shall not modify, publish, transfer to third parties, participate in the sale or assignment, create derivative products or otherwise use in whole or in part the content of the Application without the written permission of the Company.
7.8 The User is prohibited from using the Service:
- register as a User on behalf of or instead of another person ("fake account");
- Mislead Users about their person or organization by using the login and password of another registered User;
- misrepresent (specify false) information about themselves or their relations with other persons or organizations;
- use the software and perform actions aimed at violation of normal operation of the Service;
- in any way, including through deception, breach of trust, hacking, attempt to gain access to the login and password of another User;
- Access (attempt to access) any Services by any other method than the interface provided by the Administration, unless such actions are expressly allowed to the User in accordance with the separate agreement with the Administration;
7.9. In case of disagreement of the User with the terms of the Agreement or its updates, the User shall refuse to use the Service.
7.10. The User may use the Keyless Access Service at facilities where SmartAirkey equipment or partners using SmartAirkey technology are installed.
7.11. The User may accept or reject an incoming digital key.
7.12. The User may delete a digital key at any time.
7.13. The User has the right to send permanent and temporary keys to other Users, if this function is allowed by the access administrator.
7.14. The User may contact the technical support of the Service by phone or e-mail, indicated at the website, in order to eliminate the problems in the work of the application or site.
7.15. The User may contact Technical Support of the Access Administrator by phone or email specified in the Digital Key to troubleshoot SmartAirkey equipment installed at the Access Site.
8. Intellectual Rights
8.1. All objects accessible through the Application, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds and other objects on the Service are subject to the exclusive rights of the Company, Users and other rightholders.
8.2 The Company grants the User the right to use the Applications within the limits of its general functionality.
8.3 The use of Applications by other means, including copying (reproduction) of the Content placed in the Application, as well as the design elements, computer programs and databases included in the Application, their decompilation, modification, and subsequent distribution, public display, bringing to the public notice, is strictly prohibited, unless otherwise provided by this Agreement.
8.4 The User is not entitled to reproduce, repeat and copy, sell or use for any commercial purposes any parts of Applications (including the Content available to the User through Applications), or access to them, except when the User has received such permission from the Company.
8.5 The User's use of the Applications, as well as the Content posted in them for personal noncommercial use is allowed provided that all copyright marks, related rights, trademarks, other notices of authorship, preservation of the name (or pseudonym) of the author / right holder in the unchanged form, preservation of the corresponding object in the unchanged form. Exceptions are cases expressly provided for in the legislation of the Russian Federation or in additional documents on the use of a particular Service.
8.6 The Attachments may contain links to websites on the Internet (third party websites). Such third parties and their content are not reviewed by SmartAirkey for compliance with any requirements (reliability, completeness, legality, etc.). SmartAirkey is not responsible for any information, materials posted on third party sites to which the User has access in connection with the use of the Application, as well as for the availability of such sites or information and the consequences of their use by the User.
8.7. The reference (in any form) to any site, product, service, any information of commercial or noncommercial nature posted within the Application does not constitute an approval or recommendation of these products (services, activities) by the Company, except in cases where this is expressly indicated by the Company.
9. Closing Provisions
9.1 This Agreement is an agreement between the User and the Company regarding the order of using the Service, and supersedes all previous agreements between the User and the Company.
9.2 This Agreement shall be governed by and construed in accordance with the laws of the Russian Federation. Issues not regulated by this Agreement shall be resolved in accordance with the legislation of the Russian Federation. All possible disputes arising from the relations regulated by this Agreement shall be resolved in the manner prescribed by the applicable laws of the Russian Federation, in accordance with the norms of Russian law. Throughout this Agreement, unless explicitly stated otherwise, the term "legislation" shall mean both the legislation of the Russian Federation and the legislation of the User's location.
9.3 If for any reason one or more provisions of this Agreement are held invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of the Agreement.
9.4 Failure to act by the Company in the event that the User or other Users violate the provisions of the Agreement shall not deprive the Company of the right to take appropriate action to protect its interests later, nor shall it constitute a waiver by the Company of its rights in the event that similar or similar violations occur in the future.
9.5 This Agreement is made in English, and in some cases may be provided to the User for review in another language. In case of discrepancies between the Russian version of the Agreement and the version of the Agreement in another language, the provisions of the Russian version of the Agreement shall apply.