BlueSky Mobile Application
This BlueSky mobile application is provided by dormakaba Canada Inc. (“dormakaba”, “we” or “us”). This App End User License Agreement (“EULA”) is a binding contract between you (“End User” or “You” or “Your”) and dormakaba. This EULA governs Your use of the BlueSky mobile application, (including all related documentation, the "Application").
PLEASE READ THIS DOCUMENT CAREFULLY; IT CONTAINS LIMITATIONS OF LIABILITY, AN ARBITRATION CLAUSE, A CLASS ACTION WAIVER, AND OTHER TERMS THAT MAY AFFECT YOUR LEGAL RIGHTS. BY CLICKING ON THE ACCEPTANCE BUTTON OR SIMILAR BUTTON OR LINK YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT; (B) REPRESENT THAT YOU MEET THE ELIGIBILITY REQUIREMENTS OF CLAUSE 1 OF THIS EULA; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE AND ACCEPT THESE TERMS, THEN YOU WILL NOT BE ABLE TO USE THE APPLICATION AND YOU SHOULD DELETE IT FROM YOUR MOBILE DEVICE.
Upon installation on a compatible mobile device (a “Device”) and registration with dormakaba the dormakaba mobile access application allows end users to interact with compatible dormakaba and/or third-party access control systems, products and services (“Compatible System(s)”).
1. Eligibility. You are only eligible to download and use the Application if you meet all of the following criteria:
- You are at least 18 years old.
- You have been issued an access key for a property which uses a Compatible System in combination with compatible dormakaba electronic locks.
- You have been issued an access key for the Application by an authorized employee, representative or resident occupying the relevant property, either because you are a resident, or guest, or because you are an employee or service provider of the property manager, or because you have been invited to the property by a resident or other authorized party.
2. Application Functionalities and Use; Your Responsibilities. You must have a compatible Device equipped with BLE (Bluetooth low energy) capability and be connected to the Internet in order to download and install the Application If Your Device is not connected to the Internet or is in “airplane mode”, You may not be able to use the Application. The Application only works with a Compatible System intended for use with this Application in order to gain access to certain closed areas, residential and/or commercial premises, and access to other locations of a similar nature, and/or use the dormakaba products or services which You are authorized to access. You agree to use the Application only in relation to those Compatible Systems, products and services, and to comply with the property management’s access policy, if any.
(1) Duty of care. You must take the necessary precautions to treat the Application and Your Device with appropriate care, keeping in mind that the Application and Your Device may be used for potentially critical functions such as gaining access to closed areas, residential and/or commercial premises, and access to other locations of a similar nature, and that any unauthorized use of the Application may have important consequences. You must keep and treat Your Device with the same level of security as You would use for Your physical keys or wallet.
You further agree to:
- manage, protect, maintain the confidentiality of Your password or PIN, and take all necessary precautions to keep Your Device secure against unauthorized use or access of the Application by enabling a password or PIN or other similar security measure to protect Your Device against unauthorized access.
- make sure that all settings, required network connections, and changes necessary to operate the Application on or from Your Device are up to date and correct, and keep Your Device and the Application current by downloading Updates as and when they become available.
- to provide true and accurate information when signing up for access or making changes to Your account.
- immediately inform Your property manager if your Device is lost or stolen, or if you think that your PIN or password have been compromised in any way.
- If You intend to sell, give away, or otherwise dispose of Your Device, You should uninstall the Application, clear any associated data or caches, and remove Your SIM card from the Device. If You decide to cease using Your SIM card, You should physically destroy it.
- If You notice that your electronic lock is damaged or requires maintenance (such as replacing the battery), You should bring this to the attention of your property manager or the other appropriate person to address the issue.
- If you ever lose your ability to access and use your Device, you must promptly obtain a keycard from your property manager or other appropriate person to issue alternative means of access. You should also consider whether to obtain a keycard as a backup means of entry as a precaution. Dormakaba cannot supply you with keycards, and this is your property manager’s responsibility.
Because we have no practical way to monitor or control your behavior respecting your PIN, password, and Device, dormakaba cannot accept any responsibility or liability for any loss, damage, or any other claims that may arise from Your failure to keep Your password and/or PIN confidential and secure, protect it from unauthorized access, and/or to notify the employer or company You represent (if applicable) in the event Your password or PIN has been compromised or hacked, misappropriated or used without authorization.
3. License Grant. Subject to your compliance with the terms of this EULA, dormakaba grants You a limited, non-exclusive, non-sublicensable, non-assignable, and non-transferable right to download, install, and use the dormakaba App for Your personal, non-commercial use on a Device owned or otherwise controlled by You strictly in accordance with the Application’s documentation.
5. Updates. dormakaba reserves the right and may from time to time in its sole discretion develop and provide Application Updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also add, remove, or modify Your ability to continue using the Application may depend on your installing Updates promptly. If you have turned on auto-updates on your Device, this will cause updates to the Application to install automatically. By turning on auto-update settings, you thereby expressly consent to the installation of Updates to the Application on your Device.
You agree that dormakaba has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on Your Device settings, when Your Device is connected to the internet either:
- The Application will automatically download and install all available Updates; or
- You may receive notice of or be prompted to download and install available Updates.
6. Term and Termination
- The term of this EULA commences when You download/install the Application, register Your account and acknowledge Your acceptance and will continue in effect until terminated by You or dormakaba as set forth in this Section 8.
- You may terminate this EULA without cause at any time by deleting or uninstalling the Application and all copies thereof from Your Mobile Device.
- We may terminate this EULA without cause at any time by providing You with 60 days prior written notice.
- This EULA will terminate immediately and automatically without any prior notice if You violate any of the terms and conditions of this EULA, or when You sell, otherwise hand over, deliver or transfer, dispose of or cease using Your Device.
- This EULA will terminate immediately and automatically if the property management ceases use and support of the Compatible System, and compatible dormakaba electronic locks in the building.
- This EULA will terminate immediately and automatically if your access keys are validly revoked by your property manager or the person who issued them.
- all rights granted to You under this EULA will also terminate; and
- You must cease all use of the Application and delete or uninstall all copies of the Application from Your Device.
Termination will not limit any of dormakaba’s rights or remedies at law or in equity.
7. No Warranties. THE FOLLOWING CLAUSE 7 DOES NOT APPLY TO QUEBEC CONSUMERS. DORMAKABA MAKES NO WARRANTIES FOR SERVICE, PRODUCTS, SOFTWARE, MAINTENANCE OR SUPPORT EXCEPT AS OTHERWISE PROVIDED HEREIN AND ANY THIRD-PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY DORMAKABA. THE APPLICATION IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION, CONDITION, OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DORMAKABA, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED REPRESENTATIONS, CONDITIONS, AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND REPRESENTATIONS, CONDITIONS, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, DORMAKABA PROVIDES NO REPRESENTATIONS, CONDITIONS, OR WARRANTIES OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, HARDWARE, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED. IN ADDITION, THE ACCESSIBILITY, AVAILABILITY AND/OR FUNCTIONALITY OF THE APPLICATION MAY BE WAIVED OR RESTRICTED DURING MAINTENANCE WORK, REPAIRS OR INTRODUCTION OF FEATURES OR FUNCTIONALITY CARRIED OUT BY US OR BY THIRD PARTIES.
INFORMATION PROVIDED ON THE APPLICATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DORMAKABA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE APPLICATION. DORMAKABA PERIODICALLY ADDS, CHANGES, IMPROVES, OR UPDATES THE INFORMATION ON THE APPLICATION WITHOUT NOTICE. DORMAKABA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE APPLICATION.
WE SHALL NOT BE LIABLE FOR DAMAGE TO, OR VIRUSES OR OTHER CODE THAT MAY AFFECT, ANY HARDWARE OR EQUIPMENT (INCLUDING BUT NOT LIMITED TO YOUR DEVICE), SOFTWARE, DATA, INFORMATION OR OTHER PROPERTY AS A RESULT OF YOUR DOWNLOAD, INSTALLATION, ACCESS TO OR USE OF THE APPLICATION OR YOUR OBTAINING ANY MATERIAL FROM, OR AS A RESULT OF USING, THE APPLICATION. WE SHALL NOT BE LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES, INCLUDING ANY PERSON THAT YOU GIVE ACCESS TO USING THE APPLICATION. IF THE NEED ARISES, WE MAY SUSPEND ACCESS TO OR USE OF THE APPLICATION (OR PART THEREOF) OR REMOVE IT FROM THE MARKET IN FULL OR IN PART WITHOUT ANY LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, THE EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM IT CAN UNDER THE LAW.
8. LIMITATION OF LIABILITY. THE FOLLOWING CLAUSE 8 DOES NOT APPLY TO QUEBEC CONSUMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DORMAKABA OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE FOR CLAIMS OR DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO:
(A) PERSONAL INJURY, PROPERTY DAMAGE, DAMAGES FOR LOSS OF USE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF ACTUAL OR ANTICIPATED PROFITS OR SAVINGS, LOSS OF OPPORTUNITY, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES;
(B) ANY CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES;
(C) ANY CLAIMS ARISING OUT OF OR RELATED TO THE ACTIVITIES OF ANY PERSON WHO WAS GRANTED ACCESS TO A DOOR, LOCK, BUILDING, OR AREA THROUGH THE APPLICATION;
(D) ANY DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY OR NATURE OF THE DAMAGES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, OR STRICT LIABILITY, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR DORMAKABA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, THERE IS NO LIMITATION OF LIABILITY FOR DAMAGES CAUSED BY DORMAKABA’S WILFUL MISCONDUCT OR GROSS NEGLIGENCE OR FRAUD. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH CASE, THE EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM IT CAN UNDER THE LAW.
9. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS DORMAKABA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBADIARIES, PARENTS AND OTHER CORPORATE AFFILIATES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATING TO YOUR USE OR MISUSE OF THE APPLICATION, YOUR BREACH OF THIS EULA OR ANY ACT OR OMISSION (WHETHER NEGLIGENT, RECKLESS OR WILFUL) ON YOUR PART OR ON THE PART OF YOUR INVITEES, EMPLOYEES, AGENTS OR PERMITTED ASSIGNS, PERSONAL REPRESENTATIVES, OR ADMINISTRATORS IN CONNECTION WITH THE PERFORMANCE OF YOUR OBLIGATIONS UNDER THIS EULA, INCLUDING BUT NOT LIMITED TO THE CONTENT YOU SUBMIT OR MAKE AVAILABLE THROUGH THIS APPLICATION AND THE ACTIONS OF ANYONE WHO YOU PROVIDE ENTRY PERMISSION OR CREDENTIALS TO USING THE APPLICATION.
10. Export Compliance. The Application and related technology may be subject to Swiss and other countries’ export control laws. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable local laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside of Switzerland.
11. US Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if You are an agency of the US Government or any contractor therefor, You receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
12. Severability. If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision(s) will be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA will continue in full force and effect.
13. Assignment. You shall not assign any of Your rights or delegate any of Your obligations under this EULA without our prior written consent. Any purported assignment or delegation is void. We may assign all or part of the rights and obligations under this EULA to any third-party of our choice.
14. Governing Law. THE FOLLOWING CLAUSE 14 DOES NOT APPLY TO QUEBEC CONSUMERS. The terms of this EULA and any access to or use of the Application will be governed exclusively by the domestic laws of Ontario and the federal laws of Canada applicable therein, excluding any conflict of law provisions. The United Nations Convention on Contracts for the International Sales of Goods is excluded.
15. Jury Trial Waiver. ALL DISPUTES BETWEEN YOU AND US EITHER ARISING FROM OR RELATING TO THIS EULA OR THE APPLICATION THAT GO BEFORE A COURT SHALL BE DETERMINED BY A JUDGE-ALONE TRIAL. YOU AND US IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY WHICH MIGHT EXIST IN ANY FORUM.
16. Choice of Forum (Canadian Residents). If You are a consumer living in Canada, then both You and we have the right to bring any dispute or controversy before any competent court. If You are not a consumer, then all disputes arising out of or in connection with the terms of this EULA or the Application shall be submitted to the exclusive jurisdiction of the courts of the Ontario, Canada.
17. Choice of Forum (European Residents). If You are a consumer living in Europe, then both You and we have the right to bring any dispute or controversy before any competent court. If You are not a consumer, then all disputes arising out of or in connection with the terms of this EULA or the Application shall be submitted to the exclusive jurisdiction of the courts of Ontario, Canada.
18. Choice of Forum (USA Residents). If You are located in the United States of America, then any dispute between us will be resolved according to the arbitration procedure set out in clause 21, or if that clause is inapplicable or invalid in your home state, then it will be resolved in accordance with this clause. If this clause applies and you are a consumer, then both You and we have the right to bring a dispute before any other competent court. If You are not a consumer, then all disputes arising out of or in connection with the terms of this EULA or the Application shall be submitted to the exclusive jurisdiction of the courts of the Ontario, Canada.
19. Arbitration (USA Residents). Unless prohibited by law in your home state, any disputes or lawsuits between you and us that arise from or are related to this EULA or the Application will be resolved according to this clause. If you have a dispute or claim against us, you will first contact us and attempt to resolve the dispute with us informally, including by mediation if you and us both agree that mediation will be helpful. If informal resolution fails, then any dispute or claim shall be settled by binding arbitration conducted according to this clause.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LESS DISCOVERY, AND LIMITED APPELLATE REVIEW. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.
Either You or we may initiate an arbitration proceeding by sending a written notice of arbitration to the American Arbitration Association (AAA) that describes the basis for the claim. The notice of arbitration must also be served upon the other party. Service upon us must be made by paper and electronic copy to the addresses set out in the notice clause at the end of this EULA. The arbitration will be governed by the AAA’s Commercial Arbitration Rules, unless otherwise required by the applicable law.
The arbitration will be administered by the AAA using a single arbitrator. The AAA Rules and the form for filing an arbitration claim are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules; however, we will reimburse those fees (but not any attorney’s fees) for claims totaling less than $10,000 except where (1) the claims fall within the jurisdictional scope and amount of an appropriate small claims court and you nonetheless filed with AAA; or (2) the arbitrator determines that your claims are frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). In such case, you agree to reimburse us for all monies previously disbursed or other amounts as you may be ordered to pay under the AAA Rules. Any award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses,
You may choose to have the arbitration conducted by telephone, videoconference, based on written submissions, or in person in the county where you live or at another mutually agreed upon location. The arbitrator shall have jurisdiction only over your individual claim, which may not be conducted on a class, collective, or mass basis, and which may not be joined with any other claim unless all parties to all claims (including us) have previously consent in writing. The Federal Arbitration Act shall apply. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction.
20. Class Action Waiver. THE FOLLOWING CLAUSE 20 DOES NOT APPLY TO QUEBEC CONSUMERS. To the extent permitted by the laws of your place of residence, you agree to bring any claim or litigation against Us in the form of an individual claim, whether in court or via arbitration, and not in any collective or representative capacity. You specifically waive the right to initiate or participate in a class action, class proceeding, or other representative claim against us.
21. Entire Agreement. THE FOLLOWING CLAUSE 21 DOES NOT APPLY TO QUEBEC CONSUMERS. This EULA is the complete agreement between You and Us with respect to the Application and its use, and it replaces all prior or contemporaneous communications, representations, warranties, conditions, understandings, and agreements, whether written or oral.
22. Changes to this Agreement. We may amend any part of this EULA by adding content, deleting content, or changing the existing content. These amendments may be made at any time and could occur very close together, or very far apart, depending on the circumstances.
We will provide you with notice of the proposed amendment by in-app messaging. We will include a link to the previous version of the terms. The amendments will take effect 30 days after the date on which we have provided an in-app message, and will not retroactively affect any rights or obligations arising before that time. Prior to that date, the previous version of the Terms will continue to apply.
If you disagree with any amendment, you may cancel this EULA by uninstalling the Application at any time in the 30-day period before the amendment takes effect. If the amendment increases your obligations under this EULA, or decreases our obligations under this EULA, then you can also cancel in the 30 days after the amendment takes effect. In either case, there is no cost or penalty for cancelling because you disagree with an amendment. If you do not uninstall the Application during the cancellation period, then by your continued use, then you are considered to have accepted the proposed amendments.
23. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this EULA and any applicable purchase or other terms or emails, the terms of this EULA shall govern.
24. Notices. Please contact or send all notices to:
dormakaba Canada Inc.
7301 Decarie Boulevard
Montreal, Quebec, Canada H4P 2G7
Telephone: North America: 1 (800) 999 6213; Worldwide: +1 (514) 340 9025
DATE POSTED: June 13th, 2021
LAST UPDATED: Not applicable.
LINK TO PREVIOUS VERSION: Not applicable.