Meet Me by Fermax Mobile Application Terms and Conditions and SLA
Meet Me by Fermax (hereinafter "the application") is the call divert application from the FERMAX MEET IP system, a 100% IP system based on P2P infrastructure that provides excellent HD quality video and crystal-clear audio communication.
2.Definition of keywords
The Fermax MEET ME "Call Divert Service" allows you to remain constantly connected to your Fermax video door system at home via a mobile application.
"Fermax" is the company that offers the Call Forwarding Service to the User.
"License" is the User's identification code, made up of a series of pseudo-random alphanumeric characters, which unequivocally identifies the User when authenticated against the Call Forwarding Service.
"MEET" is a 100% IP system based on P2P infrastructure that is highly efficient, flexible and adaptable.
"MEET ME by Fermax" is a mobile application under General Public License v2 that is available for free on both the iOS platform from the Apple Store and on Android from Google Play.
"Material" means all textual or multimedia information (video messages, texts, music, sound effects, photographs and graphics), the selection and arrangement thereof, as well as the source code, software compilations and other material contained in or available through the App.
"Trademarks" are the trademarks, service marks and logos included in the App owned by Fermax or its group companies.
"User" is the person who intends to use the service and accepts these Terms and Conditions.
The "User Receiver Unit" is MEET's internal video unit (a monitor at the user's home).
The "Visitor Call Unit" is MEET's external call unit (outdoor panel).
The "SLA" is the service level agreement between the service provider (Fermax) and the end user (user with the Meet Me application registered with a valid MEET ME account).
3.App Meet Me by Fermax
This free application provides the user with a call divert function, included as standard in the FERMAX MEET systems. The entire Meet system must have access to an appropriately configured common internet connection with sufficient bandwidth.
The application allows you to use the call divert service to remotely control your entrance door from the portal and to receive calls remotely from anywhere in the world.
The Call Divert Service can only be accessed using a valid account registered with the Meet Me cloud service. The call divert service consists of:
- Notification of remote calls at user’s mobile phone.
- Audio and video communication between the outdoor call panel and your mobile device.
- Remote door opening function.
- Additional services such as relay activation or concierge call.
4.The MEET ME by Fermax service
All the necessary hardware and software infrastructure to provide the end user with the Call Divert Service.
A common internet connection is required for the MEET system network. The upload bandwidth dedicated for each outdoor panel installed in the system must be at least 3 MB.
Check the internet service requirements with your installer to ensure the service is compatible.
When the user downloads the application, the Terms and Conditions of Use must be accepted before they can register to use the service.
5.Consent for data collection/use by Fermax
You agree that Fermax Group companies collect and use technical information about the use of the service, for the purposes of providing the service itself. All information collected will be conveniently anonymised and treated with the utmost confidentiality.
6.Account and Personal Information
You must use a valid registered MEET ME account to use the aforementioned service. Fermax does not collect any kind of personal information from the user. Should you have any queries, you can consult our GDPR policy at the following link: https://www.fermax.com/legal/
To access the personal information Fermax has about you, you can send your request to firstname.lastname@example.org
Likewise, the User must maintain the confidentiality of the password of his service account, agreeing to notify Fermax as soon as possible of any unauthorised use of his/her password or any other breach of security related to the service.
7.Proprietary Rights and License for Use
Copyright, database rights, and other intellectual property rights in all Material and Trademarks included in or available through the App are owned or licensed by Fermax or its group companies. All rights reserved. Fermax hereby grants you an international, non-exclusive, royalty-free, revocable license to use the App for your business and personal use in accordance with these Terms and Conditions.
You may view, print or download extracts of the Material for your personal use, but you may not copy, edit, change, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form or otherwise use the Material without the express consent of Fermax.
You may not use, copy, edit, change, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trademarks without the prior written consent of Fermax Group.
8.General Conditions of Use
These Terms and Conditions constitute the entire agreement between you and Fermax regarding the use of the App. The App is made available to you free of charge for your personal use and may not be used for any commercial purpose, or for any unlawful or unauthorised purpose.
You agree that the terms of the agreement with your respective mobile network provider will continue to apply when you use the App. Therefore, the mobile network provider may charge you for access to network connection services during the connection when accessing the App or any other third-party charges that may arise. You assume responsibility for such charges if they arise.
Fermax reserves the right to modify or revoke the App, as well as the power to revise, modify or update these Terms and Conditions at any time, in which case it will duly inform Users of such change so that they can accept the new terms and conditions.
9.Code of Conduct
When using the App you must comply with all local regulations of your country of residence, any other applicable international laws and these Terms and Conditions.
In particular, and without being exhaustive, it does not accept:
- Using the App illegitimately or in a way that encourages illegal activity, including, but not limited to, copyright infringement.
- Attempting to gain unauthorised access to the App or any networks, servers, or computer systems connected to the App.
- Modifying, adapting, translating or reverse engineering any part of the App, or reformatting or framing any part of the pages comprising the App, except to the extent expressly permitted by these Terms and Conditions or applicable law.
- Allowing third parties on your behalf to: i) make and distribute copies of the App; ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, or translate the App; or iii) create derivative works of any kind from the App.
You agree to indemnify Fermax in full upon request for any losses, damages, costs or expenses you suffer or incur directly or indirectly as a result of using the App in any way that is not in accordance with these Terms and Conditions or applicable law.
10.Quality of Service
The quality of the Meet Me service by Fermax may depend on:
- The model of smartphone or tablet which is being used for the application.
- The quality of the internet signal received by both the visitor's call unit (the call panel) and the user's smartphone or tablet.
- The type of internet access contract in the apartment building, home or business.
- The type of data contract for your smartphone.
- Other services outside the Meet system, such as push notification servers from Apple, Google, and others.
The remote entrance door opening function from the MEET ME by Fermax app depends on many factors (power supply from the outdoor panel, Internet connection in the apartment, smartphone coverage, etc.) and is therefore offered alongside the physical key for the user's convenience, but in no case as the only method to replace it.
The service requires Google Play Services to function properly as it is based on push notifications (some recent Huawei mobile handsets may be incompatible).
Check the internet service requirements with your installer to ensure the service is compatible.
The Fermax group will not assume any responsibility for the unavailability of the App, nor for any difficulty or impossibility of downloading or accessing content, or any other failure of the communication system that may result from reasons beyond the control of Fermax.
In any event, Fermax reserves the right to suspend or cease providing any service related to the App, with or without notice, and will not be liable to you if you choose to do so.
11.Service Level Agreement
Fermax will make the best effort to provide 90% availability monthly (up to 72 downtime hours per month) of the infrastructure necessary to provide the Call Forwarding Service.
To that end, Fermax will provide continuous delivery of patches and updates needed to assure the availability of the Service.
Fermax can provide Technical Support for Clients, in case they find any issue in the Service. To that extent, Clients can send an email describing their issue to email@example.com. The issue will be received and analysed in our Support Center.
The Support Center operates during business hours (CET time), Monday through Friday, excluding legal holidays, as per the below table. The Support Center will use a helpdesk platform to register the details of the issue reported by Client.
* Excluding Saturday, Sunday & Public Holiday
Monday to Thursday:
9am to 6pm
9am to 3pm
Fermax shall respond as follows:
· Severity 1 (Low priority): The issue produces an inconvenient situation in which a secondary functionality is not working as expected or is not working at all, but the key functionality of the service is working, so the user suffers little or has no significant impact.
RESPONSE: FERMAX will make best efforts possible to resolve Severity 1 problems in the next maintenance release (normally once a year).
· Severity 2: (Medium priority): Produces a detrimental situation in which performance (throughput or response) of the Service degrades substantially under reasonable loads, such that there is a severe impact on use; the Service is usable, but materially incomplete; one or more mainline functions or commands are inoperable; or the use is otherwise significantly impacted.
RESPONSE: FERMAX will provide a response by a qualified member of its Technical Support staff to begin to diagnose and to correct a Severity 2 problem as soon as reasonably possible, but in any event a response via email will be provided within the next three business days (72h). FERMAX will make best efforts possible to resolve Severity 2 problems within the next quarter.
· Severity 3 (High priority): Produces an emergency situation in which the Service is inoperable, produces incorrect results, fails catastrophically or affects more than 10% of users.
RESPONSE: FERMAX will provide a response by a qualified member of its staff to begin to diagnose and to correct a Severity 3 problem as soon as reasonably possible, but in any event a response via email will be provided within the next twenty four (24) working hours. FERMAX will continue to provide best efforts to resolve Severity 3 problems in less than two (2) business days.
Fermax will not be liable for downtime and failure of Service in the event of network error, third party hosting infrastructure, obsolete versions of mobile devices or Android /iOS systems, external services failure (Azure, Amazon, Google Firebase, Apple Push Notification Service,…), cable or wireless connection error, or any other possible events, which are beyond the control of Fermax.
Fermax will not assume any responsibility for the unavailability of the Service or SLA failure.
Fermax will not assume any responsibility for the advertisements published in the App. If you agree to purchase goods or services from any third party advertised in the App, you do so at your own risk. The advertiser, and not Fermax, will be responsible for such goods or services and if you have any queries or complaints regarding them, your only resort will be against the advertiser.
13.Limitation of liability
In no event shall Fermax be liable for any direct, indirect, special, punitive, exemplary or consequential damages or losses of any kind arising from your use of or access to the App, including loss of profits or the like, whether or not foreseen by the parties, and whether based on breach of contract or tort (including negligence), product liability or otherwise.
Fermax shall not be liable to you for any damage to or alteration of your equipment, including, but not limited to, computer equipment, portable devices or mobile phones as a result of the installation or use of the App.
If any provision of these Terms and Conditions is held by an invalid or unenforceable court of competent jurisdiction, it shall be construed as nearly as possible to reflect the intentions of the parties, as reflected in the provision, and all other provisions shall remain in full force and effect.
Fermax's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and accepted in writing by Fermax.
16.Applicable Legislation and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with Spanish law and you agree to be subject to the exclusive jurisdiction of the Spanish courts.
17. What if we change these terms?
We may need to change these terms and conditions. Your continued use of the product or service after the effective date of such update constitutes your acceptance of such changes. To make your review more convenient, we will post an effective date for the last changes at the bottom of the page.
Last update on November 2021.