Terms & Conditions

1. Agreement and acceptance

These Terms & Conditions ("Terms") are a binding agreement between you and EATS SYSTEMS TECH ("WIFIGATE", "we", "us") about the WIFIGATE mobile app, the WIFIGATE controllers and their firmware, the website at wifigate.io and the WIFIGATE web portal (together, the "Service").

You accept these Terms, and our Privacy Policy, by creating an account, by ticking the acceptance box in the app, or by installing, configuring or using any part of the Service. If you use the Service on behalf of a business, a building committee or another organisation, you confirm that you are authorised to bind it, and "you" includes that organisation. If you do not accept these Terms, do not use the Service.

You must be at least 18 years old, or the age of legal capacity where you live, to open an account, to administer a controller or to accept these Terms. A minor may use the Service only when enrolled by an adult administrator who is responsible for that use and for supervising it.

2. Definitions

• "Controller": a WIFIGATE device and its firmware, including the WIFIGATE Gate (controlling one entrance) and the WIFIGATE Dual Control (controlling two entrances).
• "Supported Equipment": the third-party equipment that a Controller is connected to, such as electric gates, sliding and swing gates, barriers, garage doors, electric roller shutters, doors, electric strikes and magnetic locks, together with its motor, control unit, safety devices, power supply and wiring.
• "Owner": the owner of the property or of the Supported Equipment, or a person or body entitled to control it, such as a building committee or property manager.
• "Administrator": a person with administrator rights on a Controller. "User": a person enrolled on a Controller. "Guest": a person who uses a time-limited guest pass.
• "Installer": any person who installs, connects, configures or maintains a Controller or Supported Equipment, other than us.
• "Invitation": a link or card that lets a person enrol on a Controller. "Guest pass": a link that lets a guest open an entrance for a limited time.

3. What WIFIGATE is, and what it is not

WIFIGATE is a control interface. The Controller acts in the same way as a push button, key switch or remote control: when it receives an authorised command from the app, it sends a signal (a relay contact) to the control unit of the Supported Equipment. The opening, closing, locking and every other movement or action is performed by the Supported Equipment and its own control unit, not by WIFIGATE.

WIFIGATE is not the manufacturer, seller, installer, maintainer or inspector of any Supported Equipment. We do not design, supply, install, inspect, certify or maintain gates, barriers, doors, shutters, locks, motors, control units, safety devices, power supplies or wiring, and we have no control over their condition, configuration or operation.

Accordingly, the mechanical, electrical and functional safety and the physical security of the Supported Equipment, including its safety devices, obstacle detection, force limitation, manual release and emergency operation, its suitability for the site and its compliance with any law, standard, permit or building rule, are not the responsibility of WIFIGATE. They are the responsibility of the Owner, the manufacturer of the Supported Equipment and the Installer.

4. WIFIGATE's safety measures and their limits

We design the Service with software and hardware safety and security measures, including encrypted and authenticated commands, permission checks, limits on how long a signal is held, automatic release of a held signal, refusal of commands during configured events and override modes, and secure boot and encryption on production Controllers.

These measures protect the integrity of the commands that WIFIGATE sends and who may send them. They do not make any Supported Equipment safe, they do not detect people, vehicles or objects, and they do not replace, and must never be used instead of, the safety devices that the Supported Equipment and the law require. No measure can guarantee that a command will always, or never, be carried out.

5. Installation and connection

A Controller must be installed and connected only by a qualified Installer, in accordance with our instructions, the instructions of the manufacturer of the Supported Equipment, and all applicable electrical, fire, building, accessibility and safety laws and standards.

Before a Controller is connected, the Owner and the Installer must make sure that the Supported Equipment is in good working order, is fitted with all the safety devices required for it (such as photocells, edge sensors, obstacle detection and force limitation) and that those devices work independently of WIFIGATE, that it has a working manual release and an independent means of operation, and that any required permit or consent has been obtained.

Installers act on their own behalf or on behalf of the Owner. They are not our employees, agents or representatives, and we are not a party to, and are not responsible for, any agreement between an Owner and an Installer or a seller.

6. Safe use: your obligations

Using a phone to operate moving equipment carries risks. You agree that you, and anyone using the Service through your account, invitation or guest pass, will:

• Not use the app while driving. Operate the Service from a vehicle only when the vehicle is stopped in a safe and lawful place, or let a passenger operate it. Always obey traffic laws; using a phone in breach of them is prohibited even if the app is open.
• Set up Auto Open, widgets and other settings only while stationary, and approach an entrance slowly and attentively when Auto Open is on.
• Operate an entrance only when you can see it and its entire path of movement, and only after making sure that no person, child, animal, vehicle or object is in that path.
• Never pass through, or let anyone pass through, an entrance while it is moving, and never let children operate the Service or play near an entrance.
• Stop using the Service and inform the Owner or Administrator immediately if the Supported Equipment behaves abnormally, does not stop or reverse at an obstacle, or a safety device is damaged.
• Comply with the rules of the property and the instructions of the Owner and Administrator.

You are solely responsible for any injury, damage or loss caused by operating the Service in breach of this section.

7. Auto Open and other automatic features

Auto Open, event schedules, override modes and home-screen widgets can open an entrance, or hold it open or closed, without a deliberate action at that moment. Auto Open depends on your phone's Bluetooth, battery and power-saving settings and on its operating system, which are outside our control. Automatic features may fail to act, act later than expected, or act when you are near an entrance without intending to pass.

Whoever enables an automatic feature does so at their own discretion and is responsible for using it only where and when it is safe. Automatic features must not be used for an entrance that may not be left unattended, or where an unintended opening could endanger people or property. Every automatic feature can be turned off at any time.

8. Accounts, credentials and access keys

You sign in with Google or Apple. You must provide accurate information, including the phone number in your profile, and keep it up to date. You are responsible for all activity on your account and on your phone; keep your phone locked and protected.

The first person to scan a Controller's QR label or administrator-panel QR code becomes an administrator, and anyone who scans it later also becomes an administrator. The QR label is therefore equivalent to a master key. The Owner and Administrators must keep it physically secured and must not photograph, copy or share it. We are not responsible for access obtained with a QR label, phone, invitation or guest pass that was lost, shared or not protected.

If a phone is lost or stolen, or misuse is suspected, the Administrator must remove the affected access without delay.

9. Owners and Administrators

The Owner and the Administrators are solely responsible for deciding who has access, for removing access that is no longer needed, for the accuracy of the details they record, and for the configuration of each Controller, including automatic features, event schedules and override modes.

They are responsible for the personal data they store on a Controller, including names, phone numbers, apartment and parking details and the access history. They must have a lawful basis for it, inform residents, Users and Guests as required by law, and handle their requests.

They must have the right to control the entrance where the Controller is installed, including any consent required from owners, residents, tenants or a building committee, and must obtain any permit required for its installation and use.

We recommend that Owners maintain appropriate property and third-party liability insurance for the property and the Supported Equipment. WIFIGATE is not an insurer.

10. Invitations and guest passes

An invitation or guest pass grants access to an entrance. Treat it like a key and send it only to the intended person. Whoever creates and sends it is responsible for its use.

An invitation is valid for up to 7 days from its creation. Deleting a User from a Controller does not cancel an invitation that has not yet expired, so that invitation could be used again until it expires. A guest pass is valid only for the time window set when it was created, and a User can cancel all of their guest passes at any time.

11. Not a security, emergency or life-safety service

WIFIGATE is a convenience access-control product. It is not a burglar alarm, monitoring, surveillance, emergency, rescue or life-safety service. We do not monitor entrances, receive alerts or call emergency services, and the Service is not available or supported around the clock.

Do not rely on WIFIGATE as the only means of securing a property or as the only means of entry or exit. An independent means of operation, such as a key, keypad or manual release, must always remain available, including for emergency services and in case of a power, phone, battery or Bluetooth failure. WIFIGATE must not be configured or used in a way that could prevent or delay emergency exit or the access of emergency services.

12. Availability and compatibility

Operating an entrance requires a compatible phone with Bluetooth enabled, the required permissions granted, sufficient battery and the phone within range of the Controller. Signing in, firmware updates and the web portal require an internet connection. Range and responsiveness depend on the environment and the phone.

We do not guarantee that the Service is compatible with every phone, operating-system version or Supported Equipment, or that it will remain compatible after changes made by third parties. Lists of supported equipment or applications are general information, not a warranty.

We may change, suspend or discontinue features, the app, the portal or firmware updates. Where reasonably possible we will give notice of a material change. A Controller continues to operate locally regardless of the status of an account.

13. Acceptable use

You must not:

• use the Service to enter, or let others enter, premises without authorisation;
• circumvent, attack or test the security of the Service, Controllers, credentials, invitations or guest passes, except under a written agreement with us;
• reverse engineer, decompile or modify the app or the firmware, or connect a Controller to equipment or circuits it is not designed for, except to the extent the law expressly allows despite this restriction;
• disable, bypass or interfere with any safety device of Supported Equipment, or interfere with other people's use of the Service;
• use the Service in breach of any law, including privacy, consumer, traffic and safety laws.

We may suspend or restrict access to the app, the portal or firmware updates if we reasonably believe that these Terms are being breached or that the Service is being used in a way that creates a security or safety risk.

14. Updates

We release updates to the app and firmware to fix problems, improve security and add features. A firmware update is installed only after an Administrator confirms it, and a Controller that fails to start the new firmware returns to the previous version. Keeping the app and Controllers up to date may be necessary for security and for some features to work; we are not responsible for problems caused by not installing an update.

15. Fees and purchases

The app and the features described in these Terms are currently provided without a subscription fee. Controllers and installation are sold separately under the quote, invoice or agreement of the seller or Installer, which governs price, delivery and the hardware warranty. If we introduce paid features, we will present their price and terms before you choose to buy them.

16. Intellectual property and licence

The Service, including the app, firmware, website, designs and the WIFIGATE name and logo, is owned by us or our licensors and protected by law.

Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to use the app on devices you own or control, and to use the firmware only on the Controller it is provided with. Open-source components are licensed under their own terms, which prevail for those components. If you send us feedback or suggestions, we may use them without obligation to you.

17. Third-party services and app stores

The Service relies on third-party services and products, such as Google and Apple sign-in, Google Firebase, the app stores, your phone and its operating system, and the Supported Equipment. They are provided by third parties under their own terms, and we are not responsible for them.

If you downloaded the app from Apple's App Store: these Terms are between you and us, not Apple. Apple has no obligation to provide maintenance or support for the app. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app; if the app fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price, if any. We, not Apple, are responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to conform to a legal or regulatory requirement, consumer protection claims, and claims that the app infringes a third party's intellectual property. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You confirm that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting", and that you are not on any U.S. Government list of prohibited or restricted parties.

If you downloaded the app from Google Play, Google Play's terms also apply to the download and use of the app.

18. Disclaimer of warranties

To the maximum extent permitted by law, the app, firmware, website and portal are provided "as is" and "as available", with all faults, and we disclaim all warranties and conditions, express or implied, including merchantability, fitness for a particular purpose, accuracy, non-infringement and uninterrupted or error-free operation. We do not warrant that an entrance will open or close on every attempt, at any particular time, or only when intended.

Any warranty for Controller hardware is provided by its seller under its sales documents. Nothing in these Terms excludes or limits rights you have as a consumer that cannot be excluded or limited by law, including under the Israeli Consumer Protection Law, 5741-1981.

19. Limitation of liability

To the maximum extent permitted by law, WIFIGATE, its owners, employees and suppliers will not be liable for any damage, loss, injury, cost or claim arising out of or related to:

• the Supported Equipment, its design, condition, installation, maintenance, safety devices, power supply or wiring, or any movement or action it performs;
• the acts or omissions of an Owner, Administrator, User, Guest, Installer, seller or other third party;
• use of the Service in breach of these Terms, including while driving, without line of sight of the entrance, or with a safety device disabled;
• automatic features, event schedules and override modes, and any opening, closing or holding that results from them;
• access granted, shared, not revoked or obtained with a lost or unprotected QR label, phone, invitation or guest pass;
• unauthorised entry, burglary, theft, vandalism, damage to vehicles or property, being locked in or out, or loss of access;
• unavailability of the Service, the phone, Bluetooth, power, the internet or third-party services.

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, business, data or goodwill.

To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or related to the Service will not exceed the greater of the amount you paid us for the product or service giving rise to the claim during the 12 months before the event that caused it, or 100 Israeli new shekels.

Nothing in these Terms excludes or limits liability for death or personal injury caused by our gross negligence or wilful misconduct, for fraud, or any other liability that cannot be excluded or limited by law. Where the law does not allow a limitation in full, our liability is limited to the minimum extent the law allows.

20. Indemnity

You will indemnify and hold harmless WIFIGATE, its owners and employees against any claim, demand, loss, damage, cost or expense, including reasonable legal fees, made by a third party or arising out of your breach of these Terms or of the law, your use of the Service, the configuration of a Controller by you, the access you grant or refuse, the personal data you store on a Controller, or the Supported Equipment you own, operate or install. We will notify you of such a claim and allow you to take part in its defence.

21. Events beyond our control

We are not responsible for any failure or delay caused by events beyond our reasonable control, including power or network failures, failures of third-party services, natural disasters, fire, flood, war, terrorism, epidemics, strikes, government actions and cyber-attacks.

22. Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms or if we are required to do so by law.

A Controller continues to operate locally after an account is deleted; its Owner and Administrators remain responsible for it and for the data stored on it. Sections that by their nature should survive termination, including sections 3, 4, 6, 11, 16 and 18 to 25, survive.

23. Governing law and disputes

These Terms are governed by the laws of the State of Israel, without regard to conflict-of-law rules. The competent courts in Tel Aviv-Yafo, Israel have exclusive jurisdiction over any dispute arising out of or related to these Terms or the Service.

If you are a consumer, you keep the protection of the mandatory laws of your country of residence and may bring proceedings in the courts that those laws allow.

24. Changes to these Terms

We may update these Terms from time to time. The effective date at the top shows the current version. If a change is material, we will notify you in the app or on the website before it takes effect. If you continue to use the Service after a change takes effect, you accept the updated Terms.

25. General

These Terms and our Privacy Policy are the entire agreement between you and us about the Service. A Controller's sales documents govern its sale and hardware warranty; in any other matter these Terms prevail.

If a provision of these Terms is found unenforceable, it will be enforced to the maximum extent permitted and the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not transfer your rights under these Terms without our consent; we may transfer ours to a successor of our business. Nothing in these Terms creates a partnership, agency or employment relationship.

We may send you notices in the app, by email or on the website. These Terms are published in English and Hebrew and may be shown in English on pages in other languages. If versions differ, the English version prevails.

26. Your acknowledgement

By accepting these Terms you confirm that you have read and understood them, in particular sections 3 to 7 (what WIFIGATE is and safe use), 11 (not a security or life-safety service), 18 (disclaimer of warranties) and 19 (limitation of liability), and that you accept them.

27. Contact

EATS SYSTEMS TECH

Email: support@wifigate.io

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