PREAMBLE

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Here's the translation of the provided French "Conditions Générales d'Utilisation (CGU)" for the Oskey Application into English:

 

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GENERAL TERMS OF USE

 

These General Terms of Use (GTU) govern the use of the Oskey Application developed by Oskey S.A.S.

 

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ARTICLE 1. DEFINITIONS

 

Application or Oskey Application: The mobile application developed by Oskey, available on Apple's App Store (for devices requiring iOS 15 minimum) and Google Play (for devices requiring Android 9 minimum), or other platforms that may be developed. It allows Users to configure, manage, and control Connected Equipment for security and access, enabling remote door opening.

Access Authorizations: All elements defining the terms of access and interaction that allow a door to be opened via the Oskey service.

GTU "General Terms of Use": Govern the use of Oskey Services by Users. They define the rights and obligations of Users as well as those of Oskey concerning the use of Connected Equipment, the services provided, and the management of personal data. By accepting the GTU, users agree to use the services in accordance with the established rules and to respect the terms of the contract.

User Account: A personal profile created within the Oskey Application by a User to access Oskey Services via the Oskey Application. This account allows the User to configure, manage, and control Connected Equipment. The account is associated with personal data (including name, first name, email address, phone number, etc.) and allows the User to be authenticated.

Personal Data: Any information relating to an identified or identifiable natural person as defined by applicable regulations.

Connected Equipment: Secure devices allowing remote management and control of building access via the Application. These include Connected Panels which remain the property of Oskey, such as Autocom+®, Digicom+®, Intercom+®, and Connected Products like Sesame+®, and Vision+®.

Service or Oskey Service: A secure solution for managing personalized access authorizations to properties and/or buildings via the Oskey Management Portal and the Application.

User: Any person using the Oskey Service, whether via the Application on iOS or Android, the Oskey Management Portal, or after receiving an invitation, a code via SMS, email, or any other means.

 

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ARTICLE 2. PURPOSE

 

These GTU govern the use of the Oskey Application. This application allows users to configure, manage, and control Connected Equipment, particularly for remote door opening in buildings.

 

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ARTICLE 3. ACCEPTANCE OF GTU

 

The use of the Application is conditioned upon the acceptance of these GTU. By using the Application, the user explicitly and unreservedly accepts these GTU. If the user does not accept these conditions, they must cease using the Oskey Application and, in any event, cannot use the Oskey Application.

 

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ARTICLE 4. ACCESS TO SERVICES

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1. Account Creation and Security

Access to the Application's services requires the creation of a User Account. During registration, the user must provide information such as their name, first name, email address, and phone number. This information is used to authenticate the User and allow them to access the application's features.

 

2. Security and Authentication

The security of access to the Application is a priority. To ensure optimal protection against unauthorized access, Oskey requires the use of two-factor authentication to secure user accounts.

First Factor: The primary level of security relies on classic identifiers, namely the email address. Second Factor: In addition, a second factor is required to strengthen access security. This second factor is a one-time security code sent via SMS.

 

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ARTICLE 5. USER RIGHTS AND RESPONSIBILITIES

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1. User Rights

The User has the right to manage and control their Oskey Connected Equipment via the application, such as doors and other compatible security systems. They can also create temporary access for other users (guests, delivery personnel, etc.).

 

2. User Responsibilities:

The User must use the application in compliance with these GTU and applicable laws. They are responsible for updating their information and must report any anomaly or unauthorized use of their account. By accepting these GTU, the User expressly agrees not to attempt to alter, modify, or add computer code to the Oskey application in any form whatsoever. The User is formally prohibited from assigning or transferring, free of charge or for consideration, all or part of their rights and obligations relating to the use of the Oskey application to a third party, without Oskey's prior written authorization.

 

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ARTICLE 6. PERSONAL DATA

 

1. Processing of Personal Data

Personal data collected during the use of the Application is processed in accordance with applicable personal data protection regulations. Oskey undertakes to comply with applicable legislation on personal data protection, in particular European Regulation n°2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data ("GDPR"), Law n°78-17 of January 6, 1978, known as "Informatique et Libertés" and its successive amendments, as well as any applicable national or European regulation or subsequent legislation, and all recommendations, deliberations, and other standards issued by the competent supervisory authority.

 

2. Use of Data

The user's personal data is used to:

• Provide and improve services.

• Ensure access security.

• Send commercial information with your prior consent.

No personal data will be shared with third parties without your consent. For more information on the processing of your personal data, please consult our privacy policy: https://www.oskey.io/privacy-policy.

 

3. User Rights

Users have the rights to access, rectify, and delete their personal data, the right to restrict processing, the right to data portability, the right to object, the right to define the fate of their data after their death, and the right to lodge a complaint. To exercise any of these rights, please contact us at the following address: privacy@oskey.io. We commit to processing your request within 30 days.

 

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ARTICLE 7. INTELLECTUAL PROPERTY

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1. Ownership of Content

Oskey retains exclusive ownership of the intellectual property rights to the software, computer code components of the Oskey application, interfaces, graphics, and Oskey Connected Equipment made available to the user. All elements of the Application are the exclusive property of Oskey. Any reproduction, distribution, modification, or creation of derivative works from Oskey's services is strictly prohibited.

 

2. Use of Trademarks

The user is not authorized to use Oskey's trademarks, logos, or other elements protected by intellectual property rights without Oskey's prior written authorization.

 

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ARTICLE 8. LIMITATION OF LIABILITY

 

Oskey undertakes to fulfill its obligations diligently and according to professional standards, it being specified that it is bound by an obligation of means, to the exclusion of any obligation of result, which Users expressly acknowledge and accept.

Oskey grants Users a non-exclusive and non-transferable use of their User Accounts in accordance with these GTU. In this context, Oskey will do its best to make the User Account accessible via the Oskey application with permanent 24/7 access. However, User access to their account may be suspended in case of:

• Maintenance of the Services,

• Suspension of the User Account,

• Unavailability due to circumstances beyond Oskey's control, including primarily cases of force majeure or failures or delays of Internet service providers.

Users acknowledge that User Accounts and all services accessible via the Oskey Mobile Application are provided by Oskey under an obligation of means. This means that Oskey makes every effort to ensure the proper functioning of the application and its services but does not guarantee that they will be free from errors or unavailability (particularly due to the use of third-party services).

Oskey reserves the right to temporarily suspend access to services for reasons of maintenance, updates, or for any other technical or operational reason. No temporary interruption, regardless of its cause, shall give rise to any compensation or indemnification from Oskey.

As part of the continuous improvement of Oskey Services and subject to having previously informed users, Oskey may install updates or new versions of its application.

Oskey undertakes to take the necessary measures to ensure the security and confidentiality of the personal data contained in the user's account. The user acknowledges that Oskey can only be held liable for direct and foreseeable damages exclusively caused by Oskey. Consequently, Oskey shall not be held liable for indirect damages or in case of damages caused by the user themselves, the subscriber, a third party, or in case of force majeure. In particular, Oskey cannot be held responsible for:

• The consequences of providing inaccurate and/or incomplete content during the creation of the User Account and/or during its use,

• Difficulties or impossibilities of accessing the User Account due to the computer system or mobile device,

• The accidental destruction of user-related data by the user.

Oskey cannot be held responsible for content created and published online by Users, over which it performs no moderation, selection, verification, or control, and any complaint must be addressed directly to the concerned author.

 

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ARTICLE 9. MODIFICATION OF GTU

 

Oskey reserves the right to modify these GTU at any time. Users will be notified of these modifications via the Application, and their continued use will constitute acceptance of the new GTU.

 

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ARTICLE 10. SUPPORT SERVICE

 

Technical support is available to assist Users as needed. Support can be accessed by the following means of communication:

• Email: Users can send their support requests to the following address: contact@oskey.io. Emails will be processed within 2 business days. (Our opening hours are 9 am to 6 pm).

• Online Chat: An online chat service is available on Oskey's website, allowing users to obtain immediate assistance.

• FAQ and Online Documentation: An FAQ section and detailed documentation are accessible on Oskey's website, providing answers to frequently asked questions and user guides for the services.

Oskey's technical support strives to respond to user requests quickly and efficiently, in order to minimize any service interruption.

 

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ARTICLE 11. LANGUAGE

 

In the event of a translation of these GTU into one or more languages, the French language shall be the language of interpretation in case of contradiction or dispute over the meaning of a term or provision.

 

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ARTICLE 12. FORCE MAJEURE

 

Neither party shall be held liable for any delay or failure to perform its contractual obligations if such delay or failure results from a case of force majeure as defined in Article 1218 of the Civil Code.

 

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ARTICLE 13. APPLICABLE LAW AND JURISDICTION

 

The GTU are governed by French law and must be interpreted in accordance therewith. In case of dispute, only the French version of this document shall be applicable before the competent courts. In case of a dispute, the parties undertake to attempt to resolve the dispute amicably before initiating any judicial procedure. Any dispute relating to the interpretation or execution of these GTU, not resolved amicably, shall be submitted to the exclusive jurisdiction of the courts of Paris.