Date of last update: 21 December 20181. INTRODUCTION
1.1. Glue AB is a Swedish limited liability company with reg. no. 556944-8102, (“Glue”, “we”, “us”, “our”) with registered offices at Grev Turegatan 26, 114 38 Stockholm, Sweden. Glue provides services and products which e.g. enable your smartphone to lock and unlock your door, create digital keys for family, friends and other external parties and keep track of who comes and goes at any time (the “Services”).
1.2. Glue provides the Services through our:
- website located at www.gluehome.se (the “Website”),
- one or more software application(s), available on the App Store and Google Play (the “Application”), and
- hardware products; the Glue Smart Lock and the Glue Wi-Fi Hub, which you buy from our Website or from our partners or resellers (the “Device(s)”).
The Device(s) is not usable without your access to the Application (your access to the Application is described in detail in Section 2.1 below).
1.3. Your access to and use of the Services and the Device(s) is governed by these terms and conditions (the “Terms”). By setting up one or more user account(s) with Glue and by accepting the Terms, the user of the Services whether as an owner of one or more Devices or as a Guest (as defined in Section 2.3.1 below) (the “User” “you”, “your”) and Glue have entered into an agreement (the “Agreement”) which – subject to Section 2.1.1 below – entitles you to access and use the Services and that govern your use of the Device(s).
1.4. By actively making a declaration in the registration, you acknowledge that you have read and agreed to the Terms and accept that your rights and obligations regarding the Services and the Device(s) are governed by this Agreement and that you commit to adhere to it.
2.1.1. To access the Services, you must register for one or more user account(s) with Glue (the “Account”) through the Application. The information you provide in the registration form must be accurate, complete and kept updated. Glue shall determine in its sole discretion whether the User should be given access to the Services. Glue shall only be bound by this Agreement after we have decided to give the User access to the Services.
2.1.2. The Services are not accessible without the following compatibility requirements:
(i) an Account (which is registered with Glue through the Application);
(ii) a Glue Smart Lock and preferably used combined with our Glue Wi-Fi Hub (although the Glue Smart Lock may be used using Bluetooth® wireless technology, we strongly recommend you to use the Services together with our Glue Wi-Fi Hub), which you may purchase from our Website or from one of our partners or resellers (certain services that Glue provides may be used without a Glue Smart Lock);
(iii) a supported mobile device (phone or tablet) with data connection and with the Application installed;
(iv) broadband Internet access and a working Wi-Fi network in the property in close proximity to where the Devices are installed (however, if the Glue Smart Lock is used without the Glue Wi-Fi Hub, it is possible to use the Services with Bluetooth® instead of Wi-Fi);
(v) a door lock that is compatible with the Glue Smart Lock, as specified on the Website;
(vi) other system elements that may be specified by Glue on the Website.
2.1.3. It is your responsibility to ensure that you have all required, compatible and properly configured system elements. You acknowledge that the Services may not work as described if the compatibility requirements have not been met.
2.1.4. The User shall be solely responsible for payment of fees that may be charged by third parties (e.g. for access to and transfer of data on the Internet via the mobile device, Wi-Fi network or otherwise).
2.2. Your use of the Services and the Device(s)
2.2.1. Subject to the Terms, Glue grants the User a non-exclusive and non-transferable license to use the Application, which provides you with a right to access and use the Services for the purposes of:
(i) controlling and monitoring the Device(s) installed on your property, or any property that you have been validly authorised to access, or to otherwise access the Services provided by Glue for your use; and
(ii) downloading, installing (and installing updates as made available to you by Glue from time to time) and using the Application on your mobile device for the purposes described in (i) above.
2.2.2. You agree to the following:
(i) to comply with all instructions and usage rules that we may provide from time to time with respect to the Services and the Devices;
(ii) only grant administrative rights to use the Services and the Device(s) to persons that are older than 18 years;
(iii) only to use the Services and the Devices for lawful purposes and otherwise in a way that does not infringe the rights of or restrict anyone else’s use of the Services or the Devices;
(iv) not to assign, sell, transfer, sub-license, rent, copy, publish or distribute the Services or the software or hardware technology of the Devices or any other rights granted to the User under this Agreement;
(v) only to use the Services together with a mobile device which corresponds to the technical requirements as specified by Glue at the Website;
(vi) not to attempt to probe, scan, or test the vulnerability of the Services or the Devices or breach any security or authentication measures, or to attempt to gain the source code for the Services or Devices;
(vii) not to circumvent any of the technical limitations of the Services or the Devices, or reverse, assemble, decompile or otherwise reconstruct the Services or the Devices implemented by Glue (or any third party) to protect the Services or the Devices, except to the extent required by mandatory law;
(viii) not encourage, facilitate or enable any other individual to do any of the foregoing.
2.2.3. You acknowledge and agree that all intellectual property rights in the Services and the Devices are owned by Glue and that you do not acquire any intellectual property rights in our Services or Devices.
2.2.4. We strongly recommend that you do not use the Services on a mobile device that has a “jail broken” or “rooted” operating system as this can potentially allow other applications to circumvent security features on your mobile device. Any use of such mobile device is at your own risk and Glue assumes no liability for any “jail broken”, “rooted” or otherwise tampered operating systems.
2.2.5. Glue has the right to monitor access to or use of the Services and the Devices for the purpose of operating and developing the Services, to ensure compliance with the Terms, or to comply with applicable laws or regulations. However, Glue is not required to monitor access or use of the Services or the Devices.
2.2.6. Glue may at any time revise or modify the Services. We may also change or remove at any time any features currently offered as part of the Services, or the Services themselves. Glue shall attempt to notify the User of any changes with reasonable notice to the e-mail address specified by the User or through the Application. However, Glue reserves the right to implement such changes with immediate effect in order to maintain security of the Services or to comply with law. Any updates of the Services are subject to the Terms together with any additional terms that may be provided with such update. We strongly recommend that you install any updates promptly.
2.3.1. Any person that has an Account and is authorised by an owner of any Device(s) to the User to access one or more designated Devices (“Guest”) is thereby given access to operate such Devices. Please be careful to only invite Guests that you trust.
2.4. Password requirements and protection of login data etc.
2.4.1. The User shall follow Glue’s procedures and safety instructions, as may be amended or updated from time to time, with regard to the User’s password and other login information, which can be found on the Website and/or the Application.
2.4.2. The User’s password or other login information is personal and must not be transferred or used by anyone other than the User. It is the User’s responsibility to ensure that such information is kept secure and not disclosed to any other person or entity in order for the Services to remain inaccessible to unauthorised persons. We strongly recommend all users of the Services to use PIN code protection with all mobile devices on which the Application is installed.
2.4.3. You acknowledge and agree that Glue has the right to assume that the User is the sender of orders and other instructions when sent using the User’s login information and password. If the User has reason to believe that an unauthorised person has had access to, or knowledge of such information, the User must immediately inform Glue or change password to the Account.
2.5. Other Services
2.5.1. You acknowledge and agree that the Services may be used combined with other products or services (such as in house delivery, cleaning services etc.), and may contain links and interfaces to, as well as content and data from, third-parties (“Other Services”). By opting for and accessing or using these Other Services, you agree that Glue may exchange information and data with such Other Services regarding you, your Guests, your Devices and your access to and use of the Services and the Devices, including your and your Guests’ personal information, in order to enable the use by and functionality of such Other Services. Further, using Other Services may require you to download additional Applications, creating additional Accounts and accepting additional terms and conditions.
2.5.2. If you have opted to use Other Services, the providers of such Other Services will be granted access by Glue to the designated Device(s) during the time interval designated by you to such provider of Other Services.
3.1. These Terms remain in effect as long as you use the Services. You can terminate the Agreement by stop using our Services at any time through deactivating your Account. Glue has the right to terminate your use of or access to the Services at any time, with or without cause, and with or without notice for example if:
(i) it comes to Glue’s attention or Glue otherwise has reasonable grounds to believe, that the User uses or will use the Services in violation of the Terms or any applicable laws or regulations;
(ii) information relating to technical or administrative routines for data security has been revealed so that there are reasonable grounds to believe that the User’s Account will be abused;
(iii) there are other reasonable grounds to believe that the User’s Account has been abused or will be abused; or
3.2. If you transfer your Device(s) to a new owner, please note that your Account is not transferable. A new owner of the Device(s) must register a separate Account in order to use the Services. You are responsible for deregistering the Device(s) in your Account.4. LIMITATIONS
4.1. Glue aims to making the Services reliable and available. Glue shall hence use its reasonable endeavours to provide the Services 24 hours a day, seven days a week. Glue does not, however, warrant (i) that the Services shall be free from any deficiencies or errors in or under the performance of the Services, including without limitation, third-party services such as your Wi-Fi and mobile network failures and coverage limitations, errors related to our service providers or force majeure, or (ii) unauthorised access to or use of information related to your Account stored on Glue’s servers, unless otherwise provided as a matter of mandatory law.
4.3. From time to time Glue will perform maintenance and upgrades of the Services, which may result in interruptions, delays or errors in the Services. Glue shall try to communicate any planned maintenance in advance, but cannot guarantee that such notification will always be provided. In addition, the Services may contain errors or “bugs” that may lead to interruptions and errors. The User understands this and accepts that Glue may contact the User in order to help the User with the Services and also to request information needed to identify and remedy such errors.
4.4. You are responsible for ensuring that your insurance policy provides adequate coverage while using the Services, the Devices as well as Other Services, including third party service providers that you request or authorize us to give access to.
5. LIMITATION OF LIABILITY
5.1. If you are a consumer domiciled within the EU (an EU Consumer), the following limitation of liability applies:
5.1.1. You agree that, to the extent permitted by law, in no event will Glue be liable for any indirect damages, loss of use, data, business, or profit, loss of data or any other losses resulting from the use or non-use of the Device(s) or the Services. To the fullest extent permitted by law, Glue takes no responsibility for the installation of the Device or for any losses resulting from incorrectly installed Device(s) or alterations made to, or the removal, re-installation or re-fitment of the Device(s) by or on behalf of the owner of the Device(s).
5.1.2. Nothing in these Terms removes or limits Glue’s liability for fraud, fraudulent misrepresentation, death or personal injury directly caused by Glue, damages incurred by you due to Glue’s intent or gross negligence or losses for which it would be illegal or unlawful for Glue to exclude liability.
5.1.3. Still subject to the above Glue shall only be liable for damages due to Glue’s own fault and assumes no liability for any acts or omissions by any third parties or policies provided by third parties. Furthermore, Glue shall in no event be liable for any damages or loss incurred by you as a result of Glue’s obligation to comply with applicable law, any act or omission of any governmental authority, act of war, accident, natural disaster, strike, blockade, or other similar event, regardless of if Glue is an instigator or subject of such event.
5.2. If you are a consumer domiciled outside the EU or a business customer domiciled either inside or outside the EU, the following limitation of liability applies:
5.2.1. You agree that, to the extent permitted by law, in no event will Glue be liable for any indirect damages, loss of use, data, business, profit, or any other losses resulting from the use or non-use of the Device(s) or the Services. To the fullest extent permitted by law, Glue takes no responsibility for the installation of the Device or for any losses resulting from incorrectly installed Device(s) or alterations made to, or the removal, re-installation or re-fitment of the Device(s) by or on behalf of the owner of the Device(s).
5.2.2. Glue’s liability due to direct damage inflicted on you in relation to use of the Device(s) or the Services, is limited to the total amount of your purchase from Glue. This includes financial loss that may occur in relation to use or non-use of the Device(s) or the Services, including reduced availability or functionality of the Device(s) or the Services.6. INDEMNIFICATION
To the extent permitted by law, the User shall defend, indemnify and hold Glue, its directors, employees, affiliates, partners, and suppliers harmless from any and all claims raised by a third party against Glue resulting from (i) the User’s use of the Services or the Devices, including but not limited to incorrectly installed Devices or alterations made to, or the removal, re-installation or re-fitment of the Devices, or (ii) the User’s Guests’ use of the Services or Devices in breach of these Terms, applicable laws or regulations.7. PROCESSING OF PERSONAL DATA
The User shall not transfer any rights or obligations in connection with the Services, this Agreement or the User’s Account to a third party without Glue’s written consent. Glue is entitled to fully or partially transfer the Agreement to another company within the same group, or to any third party that has acquired the business that provides the Services.9. AMENDMENTS
9.1. Glue has the right, from time to time, to make additions and amendments to the Terms. If you are a consumer domiciled within the EU, such changes will be effective 30 days after the notification has been sent to you. Your continued use of the Services after any such notice will constitute your acceptance of the modified terms. If you do not accept the amendments you are entitled to terminate this Agreement immediately, as set out in Section 8 above. If you are a consumer domiciled outside the EU or a business customer, amendments or additions to the Terms shall enter into force immediately.
9.2. Glue shall always have the right to immediately adopt amendments to the Terms required by law, regulation or authority decisions.10. NOTICES, INFORMATION ANDFEEDBACK
10.1. Written notices from Glue to the User will be in English and sent by email to the email address specified by the User or through the Application. A notice that has been sent to the User in this manner shall be deemed to have been received by the User no later than the following day.
10.2. The User has the right to receive, upon request, this Agreement and any additional information required to be provided by law. Such request should be sent in writing to the address specified in the introductory part of this Agreement.
10.3. The User can submit feedback or ideas about the Services by sending an email to the email address [email protected] Glue is not required to implement such feedback and ideas. The User has no right to compensation for the feedback and ideas presented, but Glue may freely use them and assimilate all rights pertaining to these.11. NOTICES, INFORMATION AND FEEDBACK
If you are a consumer domiciled within the EU (an EU Consumer), the following applies:
Any EU Consumer dispute arising out of or relating to these Terms and/or the use of the Devices or the Services, which cannot be resolved by negotiation between the parties, shall be settled in Swedish courts in accordance with Swedish law. The dispute may also be considered by the National Board for Consumer Complaints (Sw. Allmänna reklamationsnämnden), www.arn.se, whose decision is a recommendation to the parties for how the dispute should be resolved. You may also be entitled to use an EU online dispute resolution (“ODR”) service to assist with any contractual dispute that you may have with us. The European Commission has established its own ODR platform which can be accessed at http://ec.europa.eu/odr
If you are a consumer domiciled outside the EU or a business customer domiciled either inside or outside the EU, the following applies:
These Terms shall be governed by and construed in accordance with Swedish law, without reference to its conflict of laws principles, and excluding the Swedish Sales of Goods Act (1990:931). Any dispute arising out of or in connection with these Terms shall be settled by Swedish court.12. ENTRY INTO FORCE
Last updated: 21 December 2019
1.1 These InHome specific terms and conditions (the "InHome Terms") constitutes an addition to Glue AB's, reg. no. 556944-8102, ("Glue", "we", "us", "our") general terms and conditions [version 21 December 2018] available on www.gluehome.com (the "General Terms"). These InHome Terms shall be read and construed together with the General Terms and the General Terms shall be equally applicable to the InHome Service (as defined below).
1.2 In addition to our other services provided, Glue offers an InHome delivery service ("InHome Service") via the application "InHome App". As part of the InHome Service, Glue offers a service to send goods or direct purchased goods to a unique post box address provided by Glue (“Glue Address”) where the goods will be stored until delivered by either Glue or a delivery service provider of Glue's choice. Glue reserves the right to store and process goods sent to us at a location of our choosing.
2. USE OF THE INHOME SERVICE
2.1 The InHome Service allows you to direct online purchased goods to the Glue Address by inserting the address provided to you by us when ordering goods online. We will notify you in the InHome App when your parcel has arrived at the Glue Address and you will then have to schedule delivery to be made within ten (10) days from the date of the notification. Once you have selected a delivery time, we will hand over the parcel for delivery directly to your home or chosen address by access through your Device. If any additional goods arrive before the selected day of delivery, we will include such goods in the confirmed delivery.
2.2 Please note the following in relation to any right of withdrawal for the purchase. When the goods are delivered to the Glue Address, the sender may consider the delivery to be completed and delivered to you. Therefore, if you have a right of withdrawal as a consumer, the withdrawal period (normally fourteen (14) days within the EU) may commence when the goods arrive at the designated address to be collected by Glue. By accepting these InHome Terms, you acknowledge that any right of withdrawal period may commence when delivered to the Glue Address and you agree to confirm a delivery slot as soon as possible after we have notified you of the arrival of the goods to the Glue Address.
2.3 By accepting these InHome Terms, you agree to use the InHome Service solely for your own use and only for legal purposes. Glue does not, under any circumstances, accept fraudulent or abusive use of the InHome Service, including but not limited to allowing third parties access to the Glue Address, using the Glue Address for storage purposes or using the Glue Address for business purposes.
2.4 Glue will not accept or process the following type of deliveries:
2.4.1 individual items of over 20 kg of weight, 1.75 meter of length or 3 meter of circumference;
2.4.2 deliveries containing living animals (livestock, pets and similar);
2.4.3 goods that require identification controls, for example tobacco or alcohol;
2.4.4 medicine, drugs or products classified as narcotics;
2.4.5 goods requiring permit, for example weapons;
2.4.6 illegal goods, such as war materials, weapons and criminal goods;
2.4.7 dangerous goods such as chemicals, explosives or other goods of similar classification;
2.4.8 goods that are sensitive to temperature; and
2.4.9 deliveries requiring payment of custom fees or other payments required upon delivery.
2.5 If Glue, upon arrival of the parcel, has reasons to believe that the delivery item is restricted pursuant to section 2.4, Glue reserves the right to reject such suspected restricted delivery item and direct it back to the sender or, where applicable, hand over to a regular delivery service provider of our choice. We reserve the right to charge you for our costs of a regular postal delivery to the delivery address connected to your InHome App in addition to a reasonable admin fee of 200 SEK.
2.6 If you do not schedule a delivery slot within ten (10) days after first receiving a notification from Glue that a delivery has arrived to the Glue Address, Glue reserves the right to hand over all goods currently stored for you and for which delivery has not been scheduled within the agreed timeframe to a delivery service provider of our choice and charge you for our costs of a regular postal delivery in addition to a reasonable admin fee of 200 SEK.
2.7 If a delivery fails due to actions of the User, e.g. secondary locks restricting access to a residence or other circumstances outside of the control of Glue that prohibit a successful delivery process, we reserve the right to hand your goods over to a delivery service provider of our choice and charge you for our costs of a regular home delivery in addition to a reasonable admin fee of 200 SEK.
2.8 If you cancel a previously confirmed delivery and do not schedule a new delivery before the agreed timeframe has expired, we will hand over all goods scheduled for that delivery to a delivery service provider of our choice to deliver them to you via regular postal delivery. We reserve the right to charge you for our costs of a regular postal delivery to the delivery address connected to your InHome App in addition to a reasonable of 200 SEK.
2.9 If you fail to collect the goods which we have handed over for delivery with regular postal delivery, you hereby provide your express consent to that we may open your parcel after it has been returned to Glue. In this situation, Glue will also have a right to charge you reasonable costs for storage and any other measures Glue deems necessary for the storing of your goods arising as consequence of your failure to collect the goods.
2.10 Glue has fulfilled its obligations in relation to specific goods, when Glue has handed over the goods for transportation (regardless of whether this is the InHome delivery or regular postal delivery).
3.1 All deliveries through the InHome Service are charged a price of 69 SEK per delivery, including value added tax (VAT).
4. TERMINATION AND SUSPENSION
In addition to Glue's termination rights under the General Terms, Glue reserves the right to terminate your use of the InHome Service with immediate effect or to restrict or block your access to the InHome App, if we have reasonable grounds to suspect that you violate the General Terms, these InHome Terms, if you demonstrate fraudulent and abusive behaviour or behaviour that results in operationally unsustainable overhead for Glue.
5. LIMITATION OF LIABILITY
5.1 In addition to the limitation of liability under the General Terms, you acknowledge and agree that Glue is only responsible for the provision of the InHome App and the InHome Service and that Glue is not liable for any transportation made to the Glue Address. For the avoidance of doubt, you accept that you are solely responsible for scheduling delivery in such time that you have a possibility to exercise any right of withdrawal or any other right which may be time restricted and that Glue shall have no liability if you are prevented from exercising any such right.
5.2 The InHome Service shall only be seen as a service where we enable delivery, via the Device, directly to your home or chosen address. You acknowledge that Glue does not have any contractual relationship with the seller of your goods and that Glue cannot assist with any complaints or similar to the seller. Further, Glue has no responsibility to inspect any goods that arrive to the Glue Address or perform any other controls. Glue's responsibility is limited to the storage and proper handover of the goods to delivery.