Terms and Conditions for the Use of Pluskey App
SECTION 1 Definitions
1.The terms used in this Terms and Conditions shall have the following meanings assigned to them:
1. Pluskey Control Application (Application) - computer software which can be downloaded by the User from AppStore, installed in the memory of the User’s device. The Application allows the User for remote communication with the Product including the Module. The Application is the intellectual property of the Service Provider and Affiliates of the Service Provider. The Service Provider has relevant authorizations to use the components of the Application which are the subject of intellectual property rights of third parties.
2. Module - a device (communication module called “Pluskey Module” equipped, among others, with a processor and radio transceiver) with installed software which provides the User with a possibility of remote communication with the Product including the Module by means of the Application installed on the User’s Device using Bluetooth Smart infrastructure. The Module is the intellectual property of SkyTechnic.
3. Affiliate means, with respect to either party, any partnership, joint venture, corporation, limited liability company, association or other legal entity, however organized that now or hereafter directly or indirectly through one or more intermediaries, controls, or is controlled by or is under common control with the party in question.
4. Product - any mains- or battery-powered device.
5. Terms and Conditions - these terms and conditions for using the Application.
6. Device - a mobile telecommunication device designed to be directly or indirectly connected to the network terminations (e.g. mobile phone, smartphone, tablet, etc.).
7. Service Provider - the company under the name SkyTechnic, Inc. with its registered seat in Ýstanbul, Ýstoç 4/Ada NO:45 - 47 Baðcýlar, Turkey.
8. User - a natural person who uses the features of the Application.
SECTION 2 General Provisions
1. The Terms and Conditions specify the rules for the use of the Application, the complaints proceedings and scope of rights, obligations and responsibilities of the Service Provider and User.
2. The Terms and Conditions do not apply to telecommunication services provided by the publicly available providers of telecommunication services.
3. The use of the Application is subject to:
a. The possession by the User of a Product certified by the Service Provider and equipped with the Module; the Product equipped with the Module with which the User can communicate using the Application has “Pluskey” designation;
b. The connection of the Product to the mains or battery power supply according to the specification (description) of the Product;
c. The compliance by the Device used by the User with certain minimum technical requirements, that is:
d. The Device should have the Internet connection (to download the Application and its updates);
e. The Device should be equipped with a module for communication using Bluetooth Smart technology;
f. The Device should have system, equipped with communication using Bluetooth Smart technology;
g. The User should switch on Bluetooth connection in the settings of the Device.
SECTION 3 Features of the Application
1. The Application is a tool used for remote communication with the Product equipped with the Module owned or possessed by the User.
2. The Application has the following features:
1.remote control of the Product with the Module (according to the specification (description) of the Product), in particular:
3. It’s turning on and turning off;
4. Activation of additional features supported by the certain Product, such as, among others: control of brightness and lightning color, control and adjustment of engines, automation control of gates, windows, shutters, screens, blinds, operation of household appliances, control of heating ventilation and air-condition, control of audio and video systems;
5. Change of the configuration of the Product’s operation.
1. Wireless reception of information sent by the Products with the Module (according to the specification (description) of the Product), in particular:
1. Identification of turning on and turning off;
2. Receipt of additional information sent by a certain Product, such as, among others: reading of status, temperature, humidity, motion detection, reading of diagnostic and maintenance information.
3. Generating alerts related to malfunction of the Product and signaling failures.
2. Access to the user/operation manual of the Products with the Module, communicated with the Application and owned or possessed by the User.
6. The scope of features of the Application can be different each time, depending on the type and manufacturer of the Product equipped with the Module. The User will be informed about the scope of features of the Application for the particular Product by the information panel of the Application and the website www.pluskeys.com
7. The User who intends to use the Application should download the Application and install it on his/her Device.
8. When the Application is run, it automatically communicates with all Products equipped with the Module and being within the range of the Device, provided that Bluetooth connection is switched on in the Device.
SECTION 4 Terms and Conditions of the Use of the Application
1. The User shall be obliged to use the Application according to these Terms and Conditions.
2. The Application, in particular its selection and arrangement of its content, logos, graphic elements, interactive applications, etc. shall be subject to the exclusive rights of the Service Provider, Affiliates of the Service Provider and manufacturers of the Products.
3. The Application software, its new versions, modifications and any updates, adaptations and other changes together with the source code are subject to the copyrights of Affiliates and these copyrights are protected under the terms specified in relevant applicable legal regulations.
4. The Service Provider ensures that it is authorized, under the license agreement concluded with the Affiliate referred to in Point 3 above, to grant licenses to the Users for the use of the Application to the extent specified herein.
5. The Service Provider grants a free, non-exclusive and non-transferable license to the User from the date of the installation of the Application for the entire period during which the Application will be installed in the User’s Device, to the extent necessary to use the Application. The User shall be entitled to use the Application exclusively in order to use the features of the Application provided by the Service Provider.
6. The scope of the above mentioned license includes the following fields of exploitation:
1. Free downloading of the Application by the User;
2. Installation of the Application in the memory of the User’s Device;
3. Running and using the Application by its display and use, solely in the memory of the User’s Device.
7. The User shall not be entitled to:
1. Use the Application contrary to these Terms and Conditions.
2. Copy and distribute the Application or its copy, including its sale, loan or lease; in particular, the User shall not be entitled to authorize third parties to use the Application, unless expressly permitted by law.
3. Make changes to the Application, develop its models and disseminate or use the models of the Application,
4. Disassemble the Application, decompile or change the executable code into the source code in any other form (reverse engineering) as well as to change or share the source codes, with the exception of cases when such operations are permitted by law and provided that the User strictly complies with such provisions, inclusive of the extent to which the provisions allow for such operations.
8. The User shall be obliged to use the Application according to its intended purpose. In particular, the following is prohibited:
1. To use the Application in a way that distorts its operation, in particular by using specific software or devices;
2. To take actions such as:
9. To distribute non-ordered commercial information (so-called: spam) using the Application;
10. To use the Application installed on a Device of another User without his/her consent;
11. To undertake IT operations or any other actions aiming at the use of the Application installed on a Device of another User without his/her consent;
1. To use the Application in a manner bothersome to other Users and the Service Provider.
12. The User shall be entitled to use the Application exclusively on a Device which meets the technical requirements specified in Section 2(3.3) hereof.
13. In case an update of the Application is made available, the Service Provider shall grant a license to the User for the use of the Application to the extent and within the exploitation fields referred to in Points 6 and 7 above.
SECTION 5 Liability
1.The Service Provider shall not be liable for the manner of use of the Application by the User and in particular, for the use of the Application in a manner contrary to the applicable regulations of the Terms and Conditions.
2. The Service Provider shall not be liable for an improper functioning of the Application or any damages incurred by the User or third party resulting from the use of the Application by the User on Devices which do not meet the technical requirements specified herein.
3. The manufacturer or distributor of the Product equipped with the Module shall be solely liable under the applicable regulations for the operation of the Product.
4. The Service Provider reserves the right to withdraw or modify the features available through the Application as well as to terminate the cooperation with particular partners, inclusive of the Products’ manufacturers due to legal or technical reasons, including privacy and data protection or other legal reasons related e.g. to the manner of how the partners offer their services. In such a case, the Users shall be notified about the above mentioned fact and if possible, they shall be notified in advance.
5. The Service Provider reserves also the right to suspend the availability of the Application or some part of its features due to the need of maintenance, inspection, modification or extension of the technical infrastructure of the Application or the Application itself.
6. The provisions related to the liability shall not violate the mandatory provisions of applicable law and in particular, the regulations related to the rights of consumers.
SECTION 6 Personal Data Protection
1. The Service Provider processes, applying security measures required by law, information concerning the User’s activity, such as: anonymous User’s activity statistics, information on traction, information on the mobile device version and version of the User’s system, location with accuracy to the state as well as language and information including personal data within the meaning of applicable regulations.
2. Detailed provisions concerning the User’s personal data protection with regard to the Application are specified in “Privacy Policy”.
SECTION 7 Fees and Costs
1. Downloading and installation of the Application are free of charge.
2. Using some features of the Application may be subject to the payment of fee by the User. The features of the Application, the access to which depends on the payment of fees by the User as well as the fee’s amount will be explicitly specified in the Application’s panel.
3. The payments for the access to the payable features of the Application shall be made as specified in the terms and conditions of using the AppStore and GooglePlayStore.
4. The Service Provider reserves that it shall not be liable for the payments made via the payment system used in AppStore as well as for handling the complaint proceedings concerning such payments. The supplier of the payment system used in AppStore and GooglePlayStore shall be solely liable for the payment services used in AppStore and GooglePlayStore, including the handling of the complaint proceedings related to such payments.
5. The costs of data transfer and connection with the Internet with regard to the use of the Application shall be borne by the User.
SECTION 8 Termination of use of the Application
1. The User may stop using the application at any time. In particular, the User may remove the Application from the Device at any time.
2.The Service Provider may limit the access of the User to a part or all features of the Application with immediate effect, if the User breaches the provisions of these Terms and Conditions, in particular, if the User:
1. Violates the terms of use of the Application referred to in Section 5 hereof;
2. Violates the scope of the Application license granted under the Terms and Conditions;
3. Has committed other actions inconsistent with applicable regulations and/or general terms of use of the Internet.
SECTION 9 Complaints Proceedings
1. The User shall be entitled to file a complaint related to the malfunctioning of the Application.
2. A complaint may be filed within one (1) calendar month from the date when the malfunctioning of the Application occurred. A complaint filed after the time limit specifiedin the first sentence shall not be taken into consideration and the Service Provider shall notify the User about this fact.
3. The complaints shall be considered by the Service Provider.
4. A properly filed complaint shall include the following information:
5. Name and surname of the User as well as contact details of the User (e-mail address, phone number),
6. Subject of the complaint,
7. A detailed description of the circumstances justifying the complaint.
8. Complaints which do not include the above mentioned information shall not be taken into consideration.
9. Complaints shall be sent by e-mail to the following address: info@skytechnic.com.tr
10. The Service Provider shall consider the complaint within 30 days and provide the User with an answer to the e-mail address specified in the complaint.
11. If the complaint is not recognized within the above mentioned time limit, it shall be considered as accepted.
12. The Service Provider shall provide the User with support with regard to the current use of the Application, consisting in providing the User with advices and consultations concerning the operation of the Application. For that purpose, the User may send inquiries to the following e-mail address: info@skytechnic.com.tr
SECTION 10 Final Provisions
1. The Users may obtain a free-of-charge access to these Terms and Conditions at any time on the website www.pluskeys.com as well as via link to the Terms and Conditions in the Application in the form that allows its download, saving and printing.
2. In the event of changes to the Terms and Conditions, the Users who installed the Application on their Devices shall be bound by the provisions of the new Terms and Conditions, provided that they do not terminate the agreement for the use of the Application within thirty (30) days from the date of notification on the change to the Terms and Conditions by the Service Provider.
3. The Service Provider shall publish the information on the change to the Terms and Conditions on the website: www.pluskeys.com and inform the Users on such a change by publishing the information directly in the Application panel.
4. If any of the provisions hereof is considered as invalid or unenforceable under the law, the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired thereby; The invalid provision shall be replaced by a provision which comes as close as possible to the purpose of the invalid provision and the entire Terms and Conditions.
5. To all matters not settled herein, the provisions of Delaware state shall apply.
6. The Terms and Conditions shall enter into force on September 1, 2014.
Privacy Policy for the Users of Seed Labs Application (Application)
1. This Privacy Policy, according to the Terms and Conditions for the use of the Application of Seed Labs applies to personal data of the Users of the Application.
2.The Service Provider, that is Seed Labs, Inc. with its registered seat in 620 Folsom St, San Francisco, CA 94107, USA is the administrator of the personal data of the Application’s Users.
3. The User is authorized to access the content of his/her personal data, correct it and amend as well as to request to stop processing the data or to remove it. For that purpose, please send an e-mail to the following address: info@skytechnic.com.tr
4. The personal data of the Application’s Users are processed by the Service Provider to the extent necessary for the following purposes:
a. Providing e-services by means of the Application;
b. Ensuring efficient operation of the Application;
c. Improving the quality of the services offered by the Application;
d. Application settings synchronization between the electronic devices of the same User within Apple ID;
e. Marketing of services provided by the Service Provider and marketing of services provided by third parties;
f. Handling the complaints proceedings and possible claims;
g. Sending the ordered newsletter by the Service Provider in an electronic form to the specified e-mail address;
h. Investigating the circumstances of an unauthorized use of e-services, and
i. Developing internal reports and analyzes.
5. The data concerning the User including personal data will be kept no longer than it is necessary in relation to the use of the Application by the User or provision of other services by the Service Provider.
6. The Service Provider informs that it will process, according to applicable laws, data concerning the number (including IP) and type of the User’s Device as well as the time of the User’s connection with the Application, anonymous User’s activity statistics, information on traction, information on the mobile device version and version of the User’s system, location with accuracy to the state as well as language and other operational data concerning the activity of the User. The abovementioned data are processed in particular for technical purposes and to collect general statistical information.
7. The Service Provider informs that it neither collects nor processes data concerning the User’s use of products and devices connected with the Application and it does not use or analyze such data in any manner.
8. The Service Provider reserves the right to disclose selected information concerning the User to relevant authorities or third parties who will request such information under relevant legal basis or according to applicable regulations.
9. Information concerning the User will not be disclosed to any third party or authority without the consent of the person to whom the information relates, subject to point 8 above.
10. The Service Provider assures to make all possible effort in order to conduct personal data processing which has been provided to it for processing, with the greatest respect for the privacy of the persons whose data is being processed and with the utmost care for the safety of personal data being processed. In particular, the Service Provider assures that it has already taken all measures provided for by law to protect the files with data entrusted for processing, including in particular, the Service Provider applies technical and organizational measures ensuring protection of processed personal data relevant to the risks and protected data categories and it also protects the data against their access by unauthorized persons, taking by an unauthorized person, processing in violation of relevant legal regulations as well as change, loss, damage or destruction.
11. All events affecting the security of data in the Application shall be reported to the Service Provider to the following e-mail info@skytechnic.com.tr
12. The Service Provider is authorized to entrust the processing of all personal data provided by the User to third parties in order to properly perform the operations related to hosting, administration, maintenance and management of the Application, including complaints’ handling.
13. Some areas of the website www.pluskeys.com and Application may use cookies, i.e. small text files which are sent to the User’s device and which identify the User as needed for the simplification or cancelling particular operation.
Cookies allow for, in particular:
a. To save the settings selected by the User,
b. To collect information about how the Website is being used,
Cookies are harmless to the computer or final device as well as its user and data. The condition of cookies is their acceptance by the browser and not removing them from the device.
The User may change cookies settings at any time by changing browser settings related to cookies. Such settings can be changed so as to block automatic cookies handling in the browser settings or to notify you each time they are placed in the User’s device. Detailed information about the possibility and ways of handling cookies are available in software (browser) settings.