DOWNLOADABLE MOBILE APPLICATION
address : Sandstuveien 68, 0680 OSLO
TEL: +47 67807300
Name of the MOBILE APPLICATION: ELKO Smart
This Mobile Application is Your smart home assistant. It allows You to control and monitor Your home at anytime from anywhere. ELKO will provide the services to You (the “Services”) by realizing the following features:
Device settings & control:
The Mobile Application links with ELKO SmartHUB and merges lighting, curtain, AC, TV/AV control devices with switches, sensors and alarms, into ONE App. You will have control of all devices in Your home from the device control page on the Mobile Application. Other device settings can be changed from the Mobile Application, like back light brightness and controlling the dimmer range.
Moment setting & control:
• Moment: You can select all devices and assign a preset status. With a single click, all selected devices will go to the preset status.
Example: When You leave home, select the preset “Away” moment button to turn off all devices, when You get home select ‘Welcome’ to turn on devices, such a lights and AC.
• Automation: Other than moment, use the ELKO Smart App hands-free and set automations.
Example: when You open a door, lighting will automatically turn on, curtain will open, and AC will set to a comfortable temperature to welcome You home.
You don’t even need to touch Your mobile phone thanks to ELKO Smart sensors and the automation setting in the Mobile Application.
For some critical events like water detection by Your Water Leakage Sensor, You will get notified immediately and the notification will be recorded in the history of the Mobile Application.
The ELKO Smart system supports a variety of voice control devices like Amazon Alexa and Google Home. In the Mobile Application it has a detailed guide on how to set up the voice control between the Mobile Application and the voice control speaker.
Check “Settings More services” to start Your new smart home journey just by speaking.
With the Mobile Application You can easily control from wherever in the world You are.
You can share the home settings with Your family members by adding their user accounts into the home You created.
INTEROPERABILITY OF THE MOBILE APPLICATION:
The Mobile Application is interoperable with the Smart Devices (including ELKO Smart Products of ELKO and other smart devices).
An internet connection, not supplied by ELKO, is necessary to the User to enable such interoperability.
The information on the type of mobile devices and operating systems on which the Mobile Application is compatible for use, is indicated on the mobile applications’ online stores that make the Mobile Application available for download.
1. ACCEPTANCE OF TERMS
“Affiliates”: means, with respect to ELKO, any corporation, company or other legal entity that is directly or indirectly (i) controlling ELKO, or (ii) controlled by ELKO, or (iii) under common control with, respectively, ELKO, and the term “control” shall, for the purpose of this definition, mean the direct or indirect control of at least 50% of the stock capital and/or of the voting rights.
“Authorized Users”: means any other person You authorize to access and make use of the Mobile Application.
“Contents”: means, this list not being limitative, the structure of the Mobile Application, its editorial contents, the drawings, the illustrations, the images, the photos, the trademarks, the logos, the initials, the company names, the audiovisual or multimedia works, the visual, audio or sound contents, as well as any other file or element present within the Mobile Application or otherwise forming part thereof.
“Intellectual Property Rights”: means any and all rights of any kind and any type arising under statute, regulation, ordinance, treaty, convention or otherwise, and including, without limitation any patents, utility models, moral rights, copyright and neighbouring rights, trademarks and trade dress rights, mask work rights, service marks, right in domain names, designs rights, rights in computer software, database rights, rights in confidential information (including but not limited to all rights in know-how and trade secrets) and any other intellectual property rights, in each case whether registered or not, including but not limited to applications and renewals, and all rights and forms of protection having equivalent or similar effect, recognized under the laws of each and every jurisdiction throughout the world.
“Personal Information”: means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“You” or “the User”: means any person having the quality of consumer who downloads and makes use of the Mobile Application.
3. UPDATES OF THE MOBILE APPLICATION
ELKO may, at any time, update or upgrade the then current version of the Mobile Application so as to enhance current functionalities or to add new functionalities of the Mobile Application.
The User shall be informed of any update or upgrade to the material characteristics of the Mobile Application and may refuse such update or upgrade. Any such update or upgrade to the Mobile Application will be published by ELKO on the mobile applications’ online stores from which the Mobile Application can be downloaded. ELKO recommends that every User carefully review ELKO’s corporate website accessible at: http://elko.no or the mobile applications online stores that make the Mobile Application available for download.
4. REGISTRATION REQUIREMENTS
5. FINANCIAL CONDITIONS
The Mobile Application is free for download by the Users; this means that no license or other fee is payable by You to ELKO in order to download, access or use the Mobile Application.
Users shall solely bear the cost and expense of any toll charges related to or arising from such Users’ access and use of the Mobile Application through the use of internet or telephone services, including but not limited to any costs and expenses related to subscribing to any third-party service that allows access to mobile telecommunications and the internet and any cost and expense related to the upload or download of any data in or from the Mobile Application.
6. GRANT OF LICENSE
6.3. The Mobile Application is available to the Users in object code (machine-readable) form only and under no circumstances is ELKO obligated to disclose or make available to Users the source code of the Mobile Application unless required by mandatory provisions of applicable law.
6.4. You may download and use the Mobile Application on more than one single mobile device if the Mobile Application is used on each of said devices under the same user account under which the Mobile Application is first downloaded.
6.6. If technological measures are designed to prevent unlicensed or illegal use of the Mobile Application, You agree that ELKO may use those measures to prevent unlicensed or illegal use of for any other legal business purpose and You agree to comply with any requirements regarding such technological measures. Such measures do not constitute a defect in the Mobile Application nor do they entitle You to any warranty rights.
7. TITLE AND TRADEMARKS
7.1. The Mobile Application, as well as all rights, title, interest, technology and know-how, whether patented or not, embodied in the Mobile Application, as well as all Intellectual Property Rights contained in, associated with or attached to the Mobile Application, including but not limited to copyrights, shall remain the sole property of ELKO, to the exclusion of any third-party software, platform and services embedded in or bundled with the Mobile Application or otherwise provided to You with the Mobile Application, including but not limited to the Tuya Smart Platform and intelligent life equipment management services provided by Hangzhou Tuya Technology Co., Ltd. (“Tuya”).
7.3. All Intellectual Property Rights pertaining to any third-party software, platform and services embedded in the Mobile Application or otherwise provided to You with the Mobile Application shall remain vested in the relevant third-party and there will be no deemed or implied transfer of ownership to You of such third-party proprietary rights.
7.4. Should You become aware of any infringement to ELKO’s proprietary rights in the Mobile Application, You shall immediately inform ELKO of such infringement and provide all relevant information and reasonable cooperation requested by ELKO to defend its interests.
8. RESTRICTIONS ON USE
8.2. Furthermore, unless otherwise expressly required or authorized by statute, You will not nor will You permit others to:
(i) copy the Mobile Application except for backup purposes only in support of Your permitted use of the Mobile Application. Any such copy must include all copyright notices and any other proprietary legends present on the original Mobile Application. You may not sell, lease, license, rent or in other ways transfer any copy of the Mobile Application. If this Mobile Application contains a documentation that is provided only in electronic form or online, You may print one copy of such electronic documentation for each license acquired to the Mobile Application. If this Mobile Application contains a documentation that is provided in printed form, You may make one copy of such printed documentation for each license acquired for the Mobile Application;
(ii) modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise seek to reconstitute the source code of the Mobile Application, nor create derivative works from the Mobile Application. Further, in case of errors, bugs or defects of the Mobile Application, ELKO expressly reserves the right to correct such errors, bugs or defects to the extent permitted by law but is not obligated to make such correction;
(iii) sub-license, lease, outsource or rent the Mobile Application, or permit a third-party to use the Mobile Application for its or anyone else's benefit;
(v) directly or indirectly, export, re-export, download, or ship the Mobile Application in violation of the laws and regulations of the jurisdiction in which You use or are downloading the Mobile Application.
8.3. The use of the Mobile Application is intended only for use with contents owned by You, public domain contents or properly licensed content. You may need a patent, copyright, or other license from a third-party to create, copy, download, record or save content files for use with the Mobile Application or to serve or distribute such files to be used with the Mobile Application; in such case, it is Your sole responsibility to obtain such license and you shall solely bear the cost and expense of obtaining such license.
8.4. You may not use the Mobile Application in an attempt to, or in conjunction with any device, program or service designed to, circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright or other laws of any jurisdiction.
8.5. You agree that You shall only use the Mobile Application in a manner that complies with all applicable laws in the jurisdictions in which You use or are downloading the Mobile Application, including, but not limited to, applicable restrictions concerning copyright and other Intellectual Property Rights.
9. PERSONAL INFORMATION PROTECTION
You are advised to check the privacy notices and privacy policies made available to you.
You are responsible for any third-party Personal Information that you upload, store, create, use, share, modify, delete or otherwise process during your use of the Mobile Application. You must comply with all applicable laws and regulations, obtain all required consents and make all required notifications in this respect.
10. WARRANTIES AND DISCLAIMERS OF WARRANTIES
10.2 ELKO’s sole obligation and Your sole remedy with respect to the foregoing limited warranty shall be, at ELKO 's option, ELKO SHALL fix or provide a work-around to, ANY defect or non-compliance of THE MOBILE APPLICATION without charge to You, provided that (a) You give notice of the defect to ELKO, and (b) the defect does not fall under the exclusions set forth in Section 10.3 below.
10.3 ELKO’s warranty shall be excluded and ELKO shall have no warranty obligations to the extent THE MOBILE APPLICATION IS altered or fails to perform in any way as the result of A FAULTY OR NON-CONFORMING use, configuration or installation of the mobile application BY YOU, ANY PERSON UNDER YOUR CONTROL OR ANY AUTHORIZED USER, including but not limited to the use of THE MOBILE APPLICATION with any hardware, SOFTWARE, FIRMWARE, OPERATING SYSTEM OR SOLUTION NOT SUPPLIED, NOT RECOMMENDED OR NOT APPROVED BY ELKO TO BE useD with THE MOBILE APPLICATION, or the unauthorized maintenance of THE MOBILE APPLICATION.
10.4 ELKO’s warranty shall also be excluded in case of defect or non-compliance of THE MOBILE APPLICATION, to the extent such defect or non-compliance could have been prevented by making use of an update or upgrade to THE MOBILE APPLICATION that ELKO maDe available to You IN ANY MANNER WHATSOEVER.
10.5 TO THE EXTENT PERMITTED BY LAW, ELKO MAKES NO OTHER WARRANTY THAN THOSE CONTAINED IN THIS SECTION 10 AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE MOBILE APPLICATION, THEIR UPDATES AND UPGRADES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WHILE ELKO HAS TAKEN REASONABLE STEPS TO ENSURE THE ACCURACY OF THE INFORMATION CONTAINED IN OR SHOWN BY THE MOBILE APPLICATION, ELKO MAKES NO WARRANTY AS TO WHETHER THE MOBILE APPLICATION OR ANY INFORMATION CONTAINED IN OR SHOWN BY THE MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS, EXPECTATIONS OR PURPOSES OR THAT THE OPERATION OF THE MOBILE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.
10.6 EXCEPT FOR THE WARRANTIES STATED UNDER THIS SECTION 10, ELKO SHALL NOT HAVE ANY OBLIGATION TO PROVIDE YOU WITH ANY MAINTENANCE, SUPPORT OR CORRECTION SERVICES IN CONNECTION WITH THE MOBILE APPLICATION OTHER THAN THOSE YOU AND ELKO MAY HAVE AGREED UPON BY WAY OF A SEPARATE AGREEMENT.
11.1 THE USE OF THE MOBILE APPLICATION SHALL BE UNDER YOUR SOLE RESPONSIBILITY.
11.2 YOUR download OR UPLOAD of any DATA FROM OR TO THE Mobile APPLICATION, YOUR crEation oR modifiATION OF ANY DATA IN CONNECTION WITH THE USE OF THE MOBILE APPLICATION SHALL BE YOUr SOLE RESPONSIBILITY, AS WELL AS ANY USE OF SUCH DATA BY YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF.
12.2 Subject to the provisions of Section 11, ELKO will defend and indemnify You against a third-party claim that the Mobile Application infringes any copyright enforceable in the jurisdiction where ELKO has its registered office or principal place of business, or misappropriates any trade secret protected under the laws of such jurisdiction (the “Included Jurisdiction”), provide that: (i) You notify ELKO of the claim in writing immediately upon the Your awareness of such claim; (ii) ELKO has sole authority and control of the defence of the claim and all related settlement negotiations; and (iii) You provide ELKO with the assistance, information and authority necessary in order for ELKO to handle the defence and settlement of such claim and perform its obligations under this Section 12.2. If the Mobile Application is held or believed by ELKO to constitute an infringement or misappropriation as per this Section 12.2, then ELKO will have the option, at its expense, to: (i) obtain for You a license to continue using the Mobile Application; (ii) replace or modify the Mobile Application to make it non-infringing; or (iii) if in ELKO’s sole discretion, it is not economically or commercially reasonable to perform either (i) or (ii) above then ELKO may terminate the license for the infringing Mobile Application and refund to You the license or other fee (if any) You paid to ELKO for the infringing Mobile Application. This Section 12.2 states Your sole and exclusive remedy and ELKO’s sole liability for any claim under this Section 12.2.
13. THIRD-PARTY WEBSITES AND CONTENTS
15. TERM OF CONTRACT - TERMINATION
16.8 Words expressed in the singular include the plural and vice versa.
18. COMPLAINTS BY THE USER
19. APPLICABLE LAW AND DISPUTES RESOLUTION
© 2020- ELKO. All rights reserved.