dormakaba Switch Tech Mobile App End User Terms of Use
dormakaba Switch Tech Mobile App
dormakaba SWITCH TECH MOBILE APP End User Terms of Use ("End User TOU")
Version: [12.1.2025]
1. SUBJECT OF the End User TOU
1.1. dormakaba USA Inc., located in 6161 E 75th Street, Indianapolis, Indiana, USA] ("dormakaba", "we" or "us") operates and provides, directly or through affiliates, a mobile application that when used with supported dormakaba software and lock systems enables the user of the mobile application to execute access to lock systems (e.g. open a lock), for which such user has been assigned access rights by an organization that is authorized to manage access to locks and that uses supported dormakaba software to do so. The mobile app communicates encrypted data bi-directionally between the software and the lock system. (e.g. that a lock has been opened). The software enables an authorized mobile device to facilitate lock commissioning, lock access, secure data transfer, and lock configuration. The mobile application, including related documentation, herein referred to as “Switch™ Mobile Access”, “dormakaba Switch Tech Mobile App”, “Mobile App”, “Service” or “Services”.
1.2. dormakaba or one of its affiliated companies may (i) designate You as an End User of a Service, or (ii) have entered into an agreement with one of its customers, suppliers or service providers (“Company”), under which Company (or one of Company’s subcontractors or service providers) may designate You as an End User of a Service. “You” or “End User” means any individual person who has installed the Mobile App on a mobile device.
1.3. Any access to or use of a Service by You is subject to this End User TOU.
YOUR ACCEPTANCE OF THE End User TOU. BY CLICKING THE "AGREE" BUTTON OR DOWNLOADING, INSTALLING OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS END USER TOU; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION.
2. ACCESS TO THE SERVICE. If You are designated as future end user by an authorized organization or company, you will receive an invitation link to the Service. Upon accepting the invitation by following the link, setting up a password and accepting the End User TOU, and installing the Mobile App on a mobile device, you can access the Service (the mobile device referred to herein as "Device"). The Service allows You to interact with compatible dormakaba and/or third-party systems, products and services. The Service is provided to You free of additional charges and there is no remuneration to be paid by You to dormakaba.
3. LICENSE GRANT
3.1. License Grant. Subject to the terms of this End User TOU, dormakaba grants You a non-exclusive, non-sublicensable, non-assignable, and non-transferable right to install and use the Mobile App on a Device owned or otherwise controlled by You (i) for Your personal use in accordance with this End User TOU; (ii) solely for the purpose and to the extent for which the use of the Service is intended, and (iii) solely within the scope and for the purpose for which access is granted to You in Your specific case.
3.2. Restrictions. Except as expressly permitted by this End User TOU, the rights of access and use of the Services and related documentation, are subject to the following conditions and restrictions:
a) You must use the Service exclusively in accordance with this End User TOU. You must take suitable measures against unauthorized or illegal access to the Service.
b) You must not and must not permit a third party to (i) reproduce, modify, decompile, edit, reverse engineer, disassemble or translate the Service or any part thereof or attempt in any other way to determine its source code or convert it into source code, in whole or in part, or (ii) use any part of the Service in order to develop or provide a similar product or service; this, however, applies only to the extent that such an act is not explicitly permitted under applicable law.
c) You must not, and must not permit any third party to (i) remove or alter any documentation or copyright or other proprietary rights notices from the Service or materials provided by dormakaba; (ii) provide to or through the Service information that is unlawful or contains, transmits or activates any harmful code such as virus or other routines designed to damage, impair or intercept systems, applications or data; (iii) use the Service for any fraudulent or illegal act or in any manner that violates intellectual property or other rights of dormakaba or any third party, (iv) bypass or breach any security protection used by the Service; (v) access or use the Service other than Yourself through the use of Your own then valid account registration information, PIN or password.
d) To the extent You access or use or permit a third party to access or use the Service in, or in association with any hazardous environments, systems, or applications, any safety response systems, other safety-critical applications, or any other similar context, You are fully responsible for any use in such environment and any such access.
3.3. Fair Use Policy. You must not, and must not permit a third party to (i) use the Service for purposes for which it is not intended, against the principles of good faith or to gain or attempt to gain unauthorized access to data, systems, networks or third party property; (ii) involve a non-ordinary use such as hacking, circumventing the Service, dormakaba systems or any applicable pricing mechanism; and/or (iii) cause significant network congestion, or interfere with or modify the data networks of the Services, or otherwise adversely affect the Service or another person’s use of the Service.
4. Reservation of Rights. You do not acquire any ownership interest in the Service or any other rights thereto other than to use the Service in accordance with the license granted, and subject to all terms and restrictions, under this End User TOU. In the event that you provide dormakaba with feedback, suggestions, enhancement requests, desired features or recommendations regarding the use, operation or functionality of the Service ("Feedback"), you hereby assign to dormakaba all rights in the Feedback and agree that dormakaba has the right to use the Feedback and related information in any manner it deems appropriate free of charge.
5. Your Responsibilities
5.1. Access. You must have a compatible Device and be connected to the internet to download and install the Mobile App. Not all Devices support all features of the Service, so You may need to check the availability of the Service for Your particular Device. If Your Device is not connected to the internet or is in “airplane mode”, You may not be able to use the Service. The Service only works with a compatible system intended for use with this Service.
5.2. Duty of care. (a) You must take the necessary precautions to treat the Service and Your Device with appropriate care, keeping in mind that the Service and Your Device may be used for potentially critical functions and that any unauthorized use of the Service may have important consequences. You must treat Your Device and Service account registration information with the same level of security as You treat Your physical keys or wallet. (b) You must (i) keep Your Device secure against unauthorized use or access of the Service by enabling a password, PIN or other similar security measure and protecting the confidentiality of Your password or PIN; (ii) make sure that all settings, required network connections, and changes necessary to operate the Service on or from Your Device are up to date and correct, (iii) keep Your Device and the Service current by downloading Updates as and when they become available; (iv) immediately inform Your employer, account owner, account manager, or the company or individual who has designated You as End User, if Your Device is lost or stolen, and/or if You think that Your PIN or password has been compromised in any way. (c) dormakaba does not accept responsibility for any loss, damage, or any other claims that may arise from Your failure to comply with Your duty of care.
5.3. User Management. Depending on Your role as End User, you may be authorized to grant or revoke access rights to other users of the Service. In such case, you are responsible for the correct granting and revocation of such rights and related authorization levels and to comply with any personal data protection obligations in that context.
5.4. Compliance with instructions and guidelines of Company. You are responsible to use the Service and all communication, information and data utilized by or through the Service according to the instructions and guidelines provided by the Company (or one of Company’s subcontractors or service providers) which has designated You as an End User of a Service. dormakaba does not accept responsibility for any misuse, mishandling or exposure of such communication, information and data or for any loss, damage, or any other claims that may arise from Your failure to comply with the instructions and guidelines of Company.
6. Updates. dormakaba reserves the right and may from time to time and in its sole discretion develop and provide Service updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features or functionality. dormakaba is not required 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: (i) the Service will automatically download and install all available Updates; or (ii) You may receive notice of or be prompted to download and install available Updates. You must promptly download and install all Updates and You acknowledge that the Service or portions thereof may not properly operate should You fail to do so. All Updates will be deemed part of the Service and be subject to all terms of this End User TOU.
7. Third-Party Materials. The Service may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or content) or provide links to third-party websites or services that are not proprietary to dormakaba ("Third-Party Materials"). dormakaba is not responsible for Third-Party Materials, even if connected to the Service via a dormakaba interface (e.g., an API).
8. Term and Termination. The term of this End User TOU commences when You download and install the Mobile App on Your Device and register Your account. All rights to use and/or licenses granted to You under this End User TOU with regard to the Service will terminate immediately and automatically without notice, (i) if a relevant agreement (between You and us, between Company and us, or between You and Company (or Company’s subcontractors or service-providers) under which You have been designated as End User comes to an end; (ii) if the person or organization which has designated You as End User revokes such designation and/or Your access to the Service; (iii) if You violate any of the terms of this End User TOU. Upon the termination of such license, you must cease all use of the Service. This End User TOU will terminate automatically upon the cancellation of Your account. Termination will not limit any of dormakaba's rights or remedies available to it under this End User TOU.
9. NO WARRANTIES; NO GUARANTEE. AS BETWEEN YOU AND DORMAKABA, THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT EXCLUSIONS OR LIMITATIONS OF WARRANTIES AND GUARANTEES ARE PERMITTED BY 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 WARRANTIES AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, 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 WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
10. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
11. INDEMNITY. You are liable and must indemnify dormakaba against any loss or damage arising out of or in connection with any unauthorized use or misuse of the Service, or any breach of this End User TOU, including but not limited to the content you make available through the Service.
12. PRIVACY.In relation to Your access and use of the Service, You find information about our processing of personal data, if any, in the applicable Privacy Statement for the Service available at https://www.dormakaba.com/us-en/dormakaba-switch-tech-mobile-app-privacy-policy. By downloading, installing, using, and providing information to or through this Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. For any questions, please contact data.protection@dormakaba.com.
13. MISCELLANOUS
13.1. Export Compliance. The Service and related technology may be subject to Canadian & U.S. and other countries’ export or import control restrictions. You must not, directly or indirectly, export, re-export, or release the Service to, or make the Service accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You must comply with all applicable local laws, rules and regulations, and complete all required undertakings (e.g. obtaining any necessary export license), prior to exporting, re-exporting, releasing, or otherwise making the Service available outside of Canada, USA or the country in which You reside. dormakaba reserves the right to restrict the use of the Service in any country or region.
13.2. Severability; Waiver. Should any provision of these End User TOU be unenforceable or invalid under applicable law, the remaining provisions remain unaffected and such provision must be replaced by a valid and enforceable provision most closely reflecting the effect of the original provision. The same applies to any omission. No waiver by any party of any provision hereof is effective unless set forth in writing. No failure to exercise any rights or remedy arising from these End User TOU will operate or be construed as waiver thereof.
13.3. Assignment. You must not assign any of Your rights or obligations under these End User TOU without our prior written consent. Any purported assignment without such consent is null and void. We may assign all or part of the rights and obligations under these End User TOU to any third-party of our choice.
13.4. Governing Law; Place of Jurisdiction. This End User TOU are governed by the laws of Indiana, United States, without regard to its conflict of laws rules and the United Nations Convention on Contracts for the International Sales of Goods. All disputes arising out of or in connection with the terms of this End User TOU must be submitted to the exclusive jurisdiction of the courts of Indiana, United States.
These laws and place of jurisdiction will apply no matter where in the world you live but depending on whether or not you are considered a consumer under the law of the country to which we direct the Service and under which you have been designated as End User, you may be entitled to the protection of the mandatory consumer protection provisions of local consumer protection law of such country. This provision on governing law and place of jurisdiction does not deprive you of the mandatory consumer protections under the laws of such country.
13.5. Changes to these End User TOU. We may change the terms of this End User TOU at any time. We will notify You or Your employer, account owner or account manager, property manager, administrator, or other company or individual who has designated You as End User of any changes by posting the new End User TOU in the Services and/or under the following link: https://www.dormakaba.com/us-en/dormakaba-switch-tech-mobile-app-terms-of-use and changing the “Version” date. You should consult this End User TOU regularly for any changes. In case of relevant amendments, we may further notify You or Your employer, account owner or account manager, administrator, or other company who has designated You as End User by email or other appropriate means. Your continued use of the Services following the posting of the updated End User TOU or notice of the changes constitutes Your acceptance of the updated End User TOU or such changes. If You do not agree with the changes or the updated End User TOU, you must stop using the Service.
14. Contact Information. For End User appointed by Company (or one of Company’s subcontractors or service-providers)
the primary contact for customer support is the Company;
for general inquiries, questions or issues with regard to this End User TOU, please contact the Admin User of Company (i.e. the user within Your Company (or Company’s subcontractor or service-provider) who has related administration right
for further contact dormakaba can be reached via email at customer.service.kml.us@dormakaba.com