Terms of use of the ilevia Control app

This translation is provided for information only. The Italian version prevails.

1. Who provides the app

The ilevia Control app is developed and provided by ILEVIA S.r.l., Quartiere Prè 45, 36061 Bassano del Grappa (VI), Italy — VAT no. IT03516500240 — Tel. +39 0424 480034 — PEC (certified e-mail) ilevia@pec.it — e-mail info@ilevia.com (hereinafter "ilevia").

These terms apply to the app for iOS, Android and Windows and to the web app at app.ilevia.com. They supplement the terms of service of the ilevia website and cloud services; in the event of conflict, these terms prevail as regards the app. The processing of personal data is described in the privacy notice.

By downloading, installing or using the app you accept these terms. If you do not accept them, do not install or use the app.

2. Licence to use

The app is free of charge. ilevia grants you a personal, non-exclusive, non-transferable and revocable licence to install and use it on the devices available to you, solely for the purpose of controlling the ilevia systems you are authorised to access. The app is licensed, not sold: ilevia and its licensors retain all rights in the app.

You may not copy, modify, decompile or reverse engineer the app (except to the extent expressly permitted by law), remove any notices or trademarks from it, distribute it or make it available to third parties outside the official stores or ilevia channels, or use it to develop competing products.

The functions available in the app depend on the system, on the licences of the ilevia server and on the configuration made by the installer. Licences and additional modules are purchased outside the app, from ilevia or its resellers: the app contains no purchases or subscriptions.

3. Access to the system

The app does not require an ilevia account. Users, permissions and access keys are created on the system's server by the installer or integrator, or by the system administrator. You are responsible for safeguarding your credentials and the device on which the app is installed: anyone with access to the unlocked device can control the system. Protect the device with a screen lock and, if you lose it or believe that your credentials have been used by others, ask the installer or administrator to revoke them immediately.

The app communicates with the ilevia server installed in the building: directly over the local network, or remotely through the ilevia cloud servers, located in the European Union, which connect the app to the server. Without an internet connection the system continues to work locally, but remote control, notifications and video intercom calls when away from home are not available.

4. App functions

4.1 Notifications

The app may send notifications about system events, such as alarms, video intercom calls, faults or reminders. Notifications pass through the services of Apple, Google and Microsoft and through the internet: they may arrive late or not at all, for example if the phone is switched off, has no network, is in power-saving mode or if notifications are disabled in the settings. You can enable and disable them at any time from the device settings.

4.2 Video intercom and cameras

To answer video intercom calls and speak with whoever is at the door, the app requests access to the microphone and, if you use video calling, to the camera; to display camera images it receives the video streams of the system. Audio and video travel between the app and the system in encrypted form. You are responsible for using the cameras in compliance with privacy and video surveillance rules, for example by informing the people filmed by means of the appropriate signs where required by law.

4.3 Location and geofencing

If you enable it, the geofencing function uses the device's location, even when the app is in the background, to perform the actions you have configured when you enter or leave an area, for example switching off the lights when you leave home. The function is optional, is activated only with your consent in the device settings and can be disabled at any time. The accuracy of the location depends on the device and the signal: actions may occur late, too early or not at all. Do not use geofencing for security functions, such as arming the alarm or locking access points, without a confirmation check.

4.4 Access control

The app can open doors, gates and passages and manage PIN codes, cards and credentials for guests, according to the permissions assigned by the system administrator. Before opening an access point remotely, check who is there and that it is safe to do so. Anyone who creates or shares guest credentials is responsible for them: limit their validity to the time needed and revoke them when they are no longer required.

5. Prohibited uses and safety

The app does not replace certified safety systems. Intrusion and fire alarms, gas detection, emergency calls and all functions on which the safety or health of people depend must operate autonomously and in compliance with the applicable rules, without depending on the app, on notifications or on the internet. In an emergency, call the emergency services.

Do not use the app unlawfully or in a way that damages the system, the ilevia services or other users, for example by attempting to access systems or functions for which you are not authorised or by circumventing security measures. Do not use the app while driving or in situations in which it could dangerously distract you.

6. Updates and availability

ilevia may release updates to the app to fix errors, improve security or add functions; some functions may require the latest version of the app or of the server software. To use the app safely, install the available updates. ilevia may modify or cease to support older versions of operating systems. The cloud services used by the app have no guaranteed service levels, unless otherwise agreed in writing.

7. Support

For support on the system, contact first the installer or integrator who built it. For problems with the app you can write to support@ilevia.com or consult the knowledge base. ilevia is solely responsible for the maintenance and support of the app.

8. Warranty and liability

The app is provided free of charge "as is". To the extent permitted by law, ilevia does not warrant that the app is error-free or compatible with every device and is not liable for damages arising from the use of, or inability to use, the app, from delayed or missing notifications, from actions performed on the basis of location, from poorly safeguarded credentials or from an incorrect configuration of the system. Liability for wilful misconduct or gross negligence, liability for personal injury and any other liability that the law does not permit to be excluded remain unaffected, as do the rights granted to consumers by the Italian Consumer Code (Codice del Consumo).

9. App Store and Google Play

If you downloaded the app from Apple's App Store, the following conditions also apply:

• these terms are concluded between you and ilevia, not with Apple; ilevia, not Apple, is solely responsible for the app and its content;
• the licence allows you to use the app on Apple-branded products that you own or control, as provided in the Usage Rules set forth in the Apple Media Services Terms and Conditions; the app may also be used by other accounts associated with yours through Family Sharing or volume purchase;
• Apple has no obligation whatsoever to provide maintenance or support for the app;
• if the app fails to conform to an applicable warranty, you may notify Apple, which will refund the purchase price paid, if any (the app is free of charge); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app;
• ilevia, not Apple, is responsible for any claim by you or by third parties relating to the app or its use, including claims for product liability, for failure to conform to legal requirements and claims under consumer protection, privacy or data protection laws;
• if a third party claims that the app or its use infringes its intellectual property rights, ilevia, not Apple, is responsible for the investigation, defence, settlement and discharge of the claim;
• you represent that you are not located in a country subject to a United States government embargo or designated as a country that supports terrorism, and that you are not included on any list of prohibited or restricted parties of the United States government;
• in using the app, you must comply with the terms of the third-party services involved, for example those of your network operator;
• Apple and its subsidiaries are third-party beneficiaries of these terms and, upon your acceptance of them, Apple has the right to enforce them against you.

If you downloaded the app from Google Play or other channels, the terms of those stores also apply. In the event of conflict between the terms of a store and these terms, as regards the relationship with the store the terms of the store prevail.

10. Term and termination

The licence lasts for as long as you use the app. You may terminate it at any time by uninstalling the app. ilevia may suspend or revoke the licence if you breach these terms or if the use of the app endangers the security of the system, of the services or of other users. Access to the system also ends when the installer or administrator revokes your credentials.

11. Changes

ilevia may update these terms, for example when the app or the rules change. The version in force is always published on this page with the date of update; for significant changes we will give appropriate notice, for example in the app.

12. Governing law and jurisdiction

These terms are governed by Italian law. For disputes with professionals and businesses, the courts of Vicenza (Italy) have exclusive jurisdiction. If you are a consumer, the court of the place where you reside has jurisdiction, and the mandatory protections provided by the law of your country of residence remain unaffected.

13. Contact

For questions about these terms, write to us at info@ilevia.com or by PEC at ilevia@pec.it, or call +39 0424 480034.