The use of newREACT is subject to the following terms of use:

 

The Terms of Use form the entire agreement for the use of the new enhanced worldwide REmote ACcess Tool (hereafter referred to as „newREACT“) services made available by Labor Strauss Sicherungsanlagenbau GmbH (hereafter referred to as “LST”) and supersedes all prior oral or written communications, proposals and representations with respect to the subject matter covered by this agreement. The Terms of Use form an integral part of the newREACT services and cannot be excluded.

 

1 Service description

 

The newREACT service consists of products, applications for multiple mobile platforms, computer programs, server services and websites, which you may use to display, control and modify a connected building automation system (hereafter referred to as „BAS“), e.g., a fire detection system. The totality of this entire newREACT Service is hereafter referred to as the „Service”.

 

The Service will collect and, if necessary, also store personal data like name, post address, e-mail address, telephone number, device geolocation (with the aid of satellite based systems), available WiFi networks, device model, device operating system configurations and version, and device’s carrier information. Geolocation data of the user's mobile devices are explicitly not stored. Additionally, the Service will obtain, receive, forward, transmit, process and, for undefined time, store site, system, product, configuration, command and event data from/to/between/of the connected BAS and your mobile device or PC. Hereafter, the totality of such content described above is referred to as the „Data”.

 

2 Use of the Service

 

In order to access and use the Service, you are required to provide current and accurate system and configuration data as well as current and accurate personal and company identification as part of the signup process and continued use of the Service, and you will be responsible for maintaining the accuracy of the information over time. You will also be provided with an account, ID number and password to access or use the Service. You are responsible for maintaining the confidentiality of your account information and, accordingly, will be fully responsible for all activities that occur under your account. You agree to immediately notify LST of any unauthorized use of your account information or account, or any other breach of security. LST will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account information secure.

 

You understand that, by using the Service, you can display the status and events, and control and modify connected BAS's in the same manner as if you were on site. Being not familiar with the BAS or by not taking utmost care of your actions, the BAS can be controlled and modified up to the point where it can be useless and no more fulfils the functions it is designed for. Always take care that a trained person is available on site when you control the BAS to make sure that the BAS is working as intended during all times.

 

You acknowledge that you are familiar with controlling the BAS's connected to the Service and are fully informed on the common and special risks in connection with the site(s) they are installed in.

 

3 Service components

 

The Service is very complex and dependent on the availability and compatibility of the hardware and software used, such as of the BAS, the server, your mobile device or your PC and all nodes on the transmission path. LST does not take on any liability or guarantee that a certain hardware or software will be compatible with the Service or that it will remain compatible in the future.

 

You acknowledge that a variety of incidents and actions may delay, impair or prevent you from accessing and using the Service at certain times and/or in the same way, for limited periods or permanently. You agree that LST has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Data.

 

4 Electronic communication

 

By using the Service, you agree to receive from and send to LST or the Service electronic communication, such as e-mails, SMS messages, other text or data messages and push messages. You expressly agree that you are accepting to receive such communication from LST or the Service and agree that all confirmations, messages and other communication which may be necessary can be transmitted electronically only.

 

5 Modifications

 

You agree that LST shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. In connection with any modification of the Service, LST may provide and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Service. You agree that LST may provide, install or deliver these to you as part of your use of the Service.

 

6 Termination

 

You may discontinue your use of the Service at any time. LST may terminate the Service, or your access to or use of the Service or your account, with or without notice. Reasons for LST terminating your account or the Service include, without limitation:

 

 

In the event of any termination, LST will close your account and you will no longer be able to receive, access or send Data or otherwise use the Service.

 

7 Data protection

 

Personal data

 

Within our group of companies, personal data which you transmit to the Service electronically, for example name, e-mail address, post address or other personal data, are only used for the respective stated purpose, are kept safe and are not shared with third parties. The provider automatically collects and stores information on the web server, for example browser used, operating system used, referring page, IP address, time of visit, etc. Without checking further data sources these data can not be associated with particular persons, and as long as the Service has not been used unlawfully, we will not evaluate these data any further.

 

Cookies

 

Cookies are small files which allow the Service to store specific user-related information on the computer of the visitor while the Serive is being used. Cookies are essential for the use of the Service, all necessary Cookies expire at the end of each session; therefore also no personal data is saved permanently.

 

Google Maps

 

The Ser v ice uses Google Maps to display map data. When Google Maps is used, Google also collects, processes and uses data about how visitors of the websites use the Maps functions. For further information about the data processing conducted by Google, please refer to Google's Privacy Policy at policies.google.com/privacy. There you can also change your settings in the privacy center so that you can manage and protect your data.

 

8 Indemnity

 

You agree to indemnify and hold LST, its subsidiaries, affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Use or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account. Any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation.

 

9 Limitation of liability

 

You expressly understand and agree that LST, its subsidiaries, affiliates and licensors, and LST's and their respective officers, employees and agents, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, cover or other intangible losses (even if LST has been advised of the possibility of such damages) resulting from:

 

 

10 Copyright, trademarks and other intellectual property rights

 

All content which is used, played or displayed during using the Service is the sole property of LST or of third parties and is protected by national and international intellectual property rights. You may not reuse, reproduce, copy or otherwise use the information or technology applied in the Service unless authorized by LST and/or the relevant third party.

 

11 General terms

 

LST does not accept terms which are contrary or different to the terms included herein unless LST expressly agrees to these in writing. The Terms of Use are valid also if LST unreservedly provides the Service in knowledge of a contrary or differing order.

 

This agreement is subject to the laws of the Republic of Austria; UN purchase right (CISG) is excluded. Place of jurisdiction for all disputes arising from and in connection with this agreement is Vienna.

 

Should a term of this agreement be or become ineffective, the agreeing parties oblige themselves to replace this term with an effective term which has the most similar economic sense compared to the ineffective term; if one or several terms of this agreement are not corresponding to certain laws, it has no influence whatsoever on the validity of all other terms written in this agreement. All terms of this agreement are correspondingly valid in case of gaps.