Policies

Mobile App Terms & Conditions

Who we are and what this agreement does

We, Kubu Smart Ltd. of 4th Floor Towers Business Park, Wheelhouse Road, Rugeley, WS151UZ license you to use the Kubu® mobile application, version [1] mobile application software and the data supplied with the software (“App”) and any updates or supplements to it as permitted in these terms.

Your privacy

Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided as set out in the table below and it is important that you read that information.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Additional terms

In addition to these terms, the App will be governed by the following terms and privacy policies:

  • our mobile application privacy policy which can be found online at kubu-home.com
  • our online trading terms and conditions which can be found at kubu-home.com and
  • our website privacy policy which can be found at kubu-home.com

Operating system requirements

This app requires an iOS iPhone working on 11.4 or above or Android device. You may experience technical issues if you attempt to use the App on an iOS IPad such as difficulties with graphics displays.

Support for the App and how to tell us about problem

Support. If you want to learn more about the App or have any problems using it, please take a look at our support resources at kubu-home.com/support.

Contacting us (including with complaints). If you think the App is faulty or misdescribed or wish to contact us for any other reason please email us at support@kubu- home.com or call us on 0330 555 9545.

How we will communicate with you. If we have to contact you we will do so by email, SMS, Phone or by pre-paid post, using the contact details you have provided to us.

How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these terms you may:

  • download or stream a copy of the App onto as the master user to one device and view, use and display the App on such devices for your personal purposes only;
  • You may share the door with up to four members, but the app will only show the status of the door and other features will be prohibited for shared users.
  • provided you comply with the licence restrictions below

You must be 18 or over to accept these terms and download the App.

You may not transfer the App to someone else

We are giving you personally the right to use the App as set out above. You may not transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you at least 30 days’ notice of any change by sending you an SMS or an email with details of the change or notifying you of a change when you next start the App.

If you do not accept the notified changes you may not be permitted to continue to use the App.

Updates to the App

From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We may also from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve performance. Alternatively, we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.

The App will always [work with the current or previous version of the operating system (as it may be updated from time to time) and] match the description of it provided to you when you bought it.

If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

We may collect technical data about your device

By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products.

We are not responsible for other websites that are linked to

The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

The User is aware of the fact that, due to the technical nature of the Internet, it is impossible to ensure complete protection from viruses, trojans, spyware, etc. Kubu is therefore unable to warrant such protection. Kubu does not provide any warranty for specific availability of services and Products and expressly reserves the right to interrupt them for technical or other reasons.

Licence restrictions

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
    • is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
    • is not used to create any software that is substantially similar in its expression to the App;
    • is kept secure; and
    • is used only for the Permitted Objective;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

Acceptable use restrictions

You must:

  • not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
  • not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  • not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any service.

Intellectual property rights

All intellectual property rights in the App throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use them in accordance with these terms.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair

the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App. The App is provided for general information purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. We do not endorse use of the App in place of taking proper precautions in relation to the security of your home. The App should not be relied upon as the sole means of determining whether your home is properly secured. The app indicates the lock status and will not determine if the door is open or closed. The app must have a stable connection to 3G or Wi-Fi connection in order for it to function correctly.

Perimeter status notifications. The App must be active in the background of your device, in order for you to receive perimeter notifications. You must have location services enabled in the settings of the phone and have set the location in the mobile app. The phone must have battery level above 20%. The perimeter notification will only come through when you are outside the app. In the event of a power outage or loss in Wi-Fi connection, you may still receive a perimeter status notification. We can not be held responsible for the time it takes for location to be updated on the mobile phone and subsequently the app.

Status notifications. Status notifications will only be received when the app has a stable 3G, 4G or Wi-Fi connection. The Kubu home hub is connected to a secure Wi-Fi signal and Kubu smart module is within 10 meters of the Kubu hub.

In App History. The gap between each lock and unlock action should be at a minimum of two seconds, any faster you may see a duplicate locked/unlocked status.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.

Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on our website) meet your requirements.

We are not responsible for events outside our control. If our support for the App is delayed or made unavailable by an event outside our control including (without limitation) a power cut, loss of signal, failure in your device, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us without penalty.

We may end your rights to use the App if you break these terms

We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App:

  • you must stop all activities authorised by these terms, including your use of the App;
  • you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this;
  • we may remotely access your account and delete it;

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Alternative dispute resolution

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. Please contact us for further details. You can submit a complaint to the alternative dispute resolution provider we use. The alternative dispute resolution provider will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.