Terms and Conditions

Table of Contents

Preamble

These Terms of Use govern the use of nello tello and nello one (in the following “Products”), which are provided by Locumi Labs GmbH, Zweibrückenstr. 2, 80331 München, Germany, (in the following “Locumi”) available at Locumi’s website at www.nello.io where users may purchase nello one and subscribe to nello tello. The Products are smart home products for controlling door locks that can be controlled via the nello platform (in the following “Platform”). The platform can be connected to other third-party smart home products and services. The Platform can be accessed via the mobile app “nello” (in the following “App”). These Terms of Use govern any agreement between Locumi and the user (in the following “User”) regarding the Products, the Platform, the App and the website.

1. General

1.1 Use of the Products, Platform and App is only possible after prior registration within the App.

1.2 Upon registration, correct and complete information must be provided. In the event of changes in the user data, these data are to be updated, and incorrect user data are to be corrected.

1.3 The User will keep secret the access data used to access the Platform. Furthermore, the User is in general responsible for any and all activities under the User’s account.

1.4 The User shall notify Locumi immediately of any unauthorized use of the User’s account or any other security breaches.

1.5 In accordance with these Terms of Use, the User may use nello one on a permanent basis or subscribe to nello tello for a limited period of time. The respective price for the purchase or subscription will be agreed separately.

1.6 The User shall not:

1.6.1 work around any technical limitations of the Products, the Platform or the App;

1.6.2 hack or modify the Products, the Platform or the App;

1.6.3 use the Products, the Platform or the App for any purpose that is unlawful or prohibited by these Terms of Use or use the Products, the Platform or the App in any manner that could damage, disable, overburden or impair the infrastructure behind the Products, the Platform or the App.

1.7 Locumi reserves the right to restrict access to particular functions or to disable the User’s account in case that the User violates these Terms of Use.

1.8 The User is responsible to ensure compatibility between Products and the User’s hardware. For this, the User may seek guidance from Locumi prior to conclusion of an agreement.

2. Use of the Platform

2.1 The Platform connects the App with the Products and lets the User control the Products via the App.

2.2 The Platform furthermore allows the User to grant access to third parties, such as granting access to delivery companies, home service providers hosting platforms and to connect to smart lock providers. Locumi reserves the right to extend but also to discontinue this support.

2.3 The User can grant and get access to intercoms and smart locks controlled via the Platform.

2.4 Locumi is not responsible for actions of Users that are caused by improper use of the Platform.

3. Use of the App

3.1 The User can obtain the App from a store for mobile apps (“App Store”), which is provided by a third party. In case that the App is not offered for free, the purchase price for the App will be displayed to the User in advance. In case that the User decides to purchase the App, he has to confirm the purchase by using a corresponding function in the App Store.

3.2 The App requires an active internet connection of the mobile device.

3.3 The use of the App requires a compatible smartphone or any other compatible device.

3.4 The App allows the User to grant and get access to hallways, properties and homes that have the Products installed via the Platform.

4. Usage Right

4.1 Locumi hereby grants the User a non-exclusive, non-transferrable and non-sub-licensable right to use the Products, the Platform and the App for the purposes permitted under these Terms of Use (“Usage Right”). The User may use the Products and the App on devices designated for such usage.

4.2 The User is only allowed to reproduce the App to the extent that this is necessary for the contractual use. The User may not lease or rent the Products or the App to third parties. The Products and the App are copyright protected.

4.3 The Products, the Platform and the App may be used by the User for their own non-commercial purposes and only as permitted under these Terms of Use. Any commercial use is subject to Locumi’s prior written consent.

4.4 Any unauthorized use, including the reproduction or the transfer of the App to third parties, is not allowed.

5. Costs

5.1 The User will pay the agreed price to Locumi.

5.2 All prices include value-added tax and any other price components.

5.3 Payments for purchased goods are due and payable with the conclusion of the agreement. Payments for nello tello are charged on a monthly basis and are due with the beginning of each month in advance.

6. Delivery

Locumi delivers worldwide.

7. Retention of Title

The delivered goods remain Locumi’s property until full payment.

8. Nello Tello Subscription

8.1 The User may subscribe to nello tello. The User may use nello tello during the term of the subscription. After the termination of the nello tello subscription, the User will no longer be able to control his intercoms and smart locks via the Platform.

8.2 An agreement on nello tello has an unlimited term. It may be terminated by either party with one month notice to the end of each respective contractual month.

8.3 Both parties’ right of extraordinary termination for cause remains unaffected.

8.4 Any termination must be in writing or text form (e.g. via email).

9. Legally Mandatory Information

9.1 Locumi is legally obliged to inform about the following:

9.2 Locumi’s offers are not binding.

9.3 By clicking on the button (“Pay with Credit or Debit Card” or “Pay with PayPal” or later “Pay with obligation to pay”) the User makes a legally binding offer with regard to the purchase of the nello one or to the nello tello Subscription. The offer is accepted by Locumi with the subsequent explicit acceptance via email. The offer shall have no effect until Locumi accepts the offer.

9.4 The exclusive language available for the conclusion of the agreement is English.

9.5 The text of the agreement is not stored by Locumi. However, it will be sent to the User together with these Terms of Use via email.

9.6 The User is entitled to statutory warranty rights.

10. Right of Withdrawal

10.1 Use of nello tello subscriptions

The following instructions on withdrawal apply for the nello tello subscription.

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (Locumi Labs GmbH, Zweibrückenstr. 2, 80331 München, Germany, +49 89 923 33 889 and hello@nello.io) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an appropriate amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison to the full coverage of the contract.

10.2 Orders of goods

The following instructions on withdrawal apply for paid-for orders of goods, such as nello one. They do not apply for the subscription of nello tello; see Sec. 10.1 in this regard.

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (Locumi Labs GmbH, Zweibrückenstr. 2, 80331 München, Germany, +49 89 923 33 889 and hello@nello.io) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to Locumi Labs GmbH, Zweibrückenstr. 2, 80331 München, Germany, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

10.3 Model Withdrawal Form

The following instructions on withdrawal apply for paid-for orders of goods, such as nello one. They do not apply for the subscription of nello tello; see Sec. 10.1 in this regard.

(complete and return this form only if you wish to withdraw from the contract)

– To:
Locumi Labs GmbH, Zweibrückenstr. 2, 80331 München, Germany
E-Mail: hello@nello.io

– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

– Ordered on (*)/received on (*),

– Name of consumer(s),

– Address of consumer(s),

– Signature of consumer(s) (only if this form is notified on paper),

– Date
__________
(*) Delete

11. Limitation of Liability

11.1 All liability of Locumi, in particular with regard to any claims of the User for compensation and the reimbursement of any expenditure incurred without effect, shall be based solely upon this clause, regardless of the legal nature of the claim.

11.2 Locumi is liable for intent and gross negligence as well as for breach of duty of care for life, limb or health, to an unlimited extent.

11.3 In the case of slight negligence, Locumi is only liable for breach of a key contractual obligation (“Cardinal Obligation”). A Cardinal Obligation in the sense of this section is an obligation whose fulfilment enables the execution of the contract itself and upon whose fulfilment the contractual partners may therefore generally rely on.

11.4 In the case of Sec. 11.3 Locumi is not liable for insufficient economic success, loss of earnings and indirect loss.

11.5 The limitation of liability also applies respectively in favour of the employees, agents, legal representatives and assistants of Locumi.

11.6 Any liability of Locumi for provided guarantees and for claims under the applicable product liability laws (e.g. the Product Liability Act) shall remain unaffected.

11.7 Locumi is not liable for any damages caused by the Products if and to the extent the use and safety instructions were not observed.

11. Modification of these Terms of Use

Locumi reserves the right to amend these Terms of Use in case that this becomes necessary due to the further development of the Products, the Platform or the App or because new functionalities will be implemented. The foregoing right excludes provisions that determine the parties’ primary contractual obligations, they will not be changed in the manner described in this section. Locumi will notify the User in text form about the modified terms before they will enter into force and Locumi will inform the User separately about the new provisions as well as the planned date for the new terms to enter into force. At the same time, Locumi will grant an adequate, at least six-week period to the User to terminate the agreements that are based on these Terms of Use without notice, in case that the User does not agree with the modified Terms of Use; where there is a termination of the nello tello Subscription, fees which have already been paid for the remaining term will be reimbursed. If the User does not terminate the agreement within the aforementioned period, the modified terms shall apply upon expiration of the period. The termination shall be made in writing or text form (e.g. via email). Upon notification of the modified Terms of Use, Locumi will inform the User about his termination right, the applicable termination period and the significance of remaining silent.

13. Final Provisions

13.1 The interpretation of these Terms of Use shall be governed by German law, to the exclusion of conflict of law provisions and the UN Sales Law (CISG). Any applicable provisions concerning the limitation of choice of law and the applicability of mandatory provisions, in particular of the state in which the User as consumer has his habitual residence, shall remain unaffected.

13.2 If any provision of these Terms of Use is held to be unenforceable for any reason, the parties will replace the invalid provision with a valid provision which comes closest to the economic purpose of the invalid provision. The remaining provisions of these Terms of Use shall not be affected.