Termini di servizio
Ultimo aggiornamento: 2026-04-28
Questa pagina è attualmente solo in inglese. Il testo legale non dovrebbe essere tradotto automaticamente — le versioni tradotte arriveranno con revisione umana.
These Terms of Service ("Terms") govern your use of GateVia (the "Service"), provided by MalexSoftware ("we", "us", "our"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Definitions
- "Customer" means the legal entity or individual that has agreed to these Terms.
- "User" means any individual authorised by the Customer to use the Service, including owners, admins, members, and guests.
- "Customer Data" means data submitted to the Service by or for the Customer (account data, gate configuration, guest details, audit log entries).
- "Documentation" means the user-facing documentation we publish at docs.gatevia.app.
2. The Service
GateVia is a software-as-a-service platform that lets the Customer manage access to GSM-enabled barriers ("gates") via short voice calls placed through a third-party SMS Hub gateway. The Service includes member and guest management, scheduled access, audit logging, and a public guest-access page.
The Customer acknowledges that we do not own, install, configure, or maintain the physical gate hardware, the GSM module, the GSM network, or the SMS Hub gateway. The Customer is solely responsible for the physical gate, its safety, its compliance with local regulations, and the SIM card that receives the open command.
3. Your account
You agree to:
- Provide accurate, current, and complete information when creating your account.
- Keep your credentials confidential and use multi-factor authentication where available.
- Notify us promptly at [email protected] of any suspected unauthorised access.
- Be responsible for all activity under your account, including actions taken by your members and guest tokens you create.
4. Acceptable use
You will not, and will not permit any User to:
- Use the Service to facilitate unauthorised entry, harassment, or any unlawful activity.
- Reverse-engineer, decompile, or attempt to extract source code from the Service, except to the extent permitted by mandatory law.
- Probe, scan, or test the vulnerability of the Service or breach any security or authentication measure, except under a written authorisation from us.
- Interfere with or disrupt the Service, including by sending excessive traffic or attempting to circumvent rate limits.
- Sublicense, resell, or expose the Service as a service to a third party without our prior written consent.
- Use the Service to send spam or unsolicited communications, or to host or transmit malware.
We may suspend or terminate access without notice if we reasonably believe you are violating this section.
5. Guest access tokens
Guest tokens grant time-bounded access to one or more gates. You are solely responsible for who you grant a guest token to, what you communicate to them, and the consequences of their use of that token. We do not verify the identity of guests beyond what you configure.
6. Subscription and fees
During early access, the Service is offered free of charge or under bespoke commercial terms agreed in writing. We may introduce paid tiers; we will give you at least 30 days' written notice before charges apply to your account, and you may terminate before the effective date without penalty.
7. Service availability
We aim for high availability but, during early access, we make no formal SLA commitment. We will make reasonable efforts to give 30 days' notice of any planned downtime exceeding one hour. Unplanned outages, GSM-network failures, or SMS Hub failures are not breaches of these Terms.
8. Customer Data
As between the parties, the Customer owns Customer Data. The Customer grants us a worldwide, royalty-free licence to host, copy, transmit, display, and process Customer Data solely as needed to provide and improve the Service and to comply with law. We process personal data in accordance with our Privacy Policy.
The Customer is responsible for the accuracy and lawfulness of Customer Data, and for obtaining any consents required from Users (including guests) before submitting their data to the Service.
9. Suspension and termination
We may suspend or terminate the Service to the Customer at any time:
- For breach of these Terms (including the Acceptable Use Section), with notice where reasonable;
- For non-payment that remains unresolved 14 days after a written reminder;
- For risk to the security or integrity of the Service or to other customers.
The Customer may terminate at any time by deleting all organisations and notifying [email protected]. Upon termination, Customer Data is retained per the Privacy Policy retention schedule and then deleted. Sections that by their nature should survive termination (Sections 4, 8, 10, 11, 12, 13, 16, 17) shall do so.
10. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. NO ADVICE OR INFORMATION OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; SOME RIGHTS GRANTED TO CONSUMERS UNDER MANDATORY LAW CANNOT BE WAIVED AND ARE NOT AFFECTED.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA, OR THE COST OF SUBSTITUTE SERVICES, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID OR PAYABLE BY THE CUSTOMER TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED EUROS (€100). FOR THE FREE TIER, OUR TOTAL AGGREGATE LIABILITY IS CAPPED AT ONE HUNDRED EUROS (€100).
IN PARTICULAR, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE ARE NOT LIABLE FOR:
- FAILURE OR DELAY OF THE GSM NETWORK, THE SMS HUB GATEWAY, OR ANY THIRD-PARTY TELECOMMUNICATIONS PROVIDER;
- FAILURE, MALFUNCTION, OR PHYSICAL DAMAGE OF THE CUSTOMER'S GATE HARDWARE, GSM MODULE, OR SIM CARD;
- UNAUTHORISED ENTRY RESULTING FROM CUSTOMER'S OR USER'S MISUSE OR MISCONFIGURATION OF GUEST TOKENS, MEMBER PERMISSIONS, OR ACCESS SCHEDULES;
- EVENTS OUTSIDE OUR REASONABLE CONTROL (FORCE MAJEURE, INCLUDING POWER OUTAGES, NATURAL DISASTERS, ACTS OF GOVERNMENT, OR INTERNET BACKBONE FAILURES);
- DAMAGES TO PERSONS OR PROPERTY ARISING FROM OPERATION OF THE PHYSICAL GATE.
NOTHING IN THESE TERMS LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER MANDATORY LAW.
12. Indemnification
The Customer agrees to indemnify, defend, and hold harmless MalexSoftware and its officers, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to (a) the Customer's or any User's misuse of the Service, (b) the Customer's violation of these Terms or applicable law, or (c) Customer Data infringing the rights of a third party.
13. Force majeure
Neither party will be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network or power outages, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials. The affected party will use commercially reasonable efforts to resume performance.
14. Modifications
We may modify these Terms by posting an updated version and changing the "Last updated" date. For material changes, we will give at least 30 days' notice by email to account owners. Continued use of the Service after the effective date constitutes acceptance.
15. Notices
Notices to us must be sent to [email protected]. Notices to you may be sent to the email address associated with your account or posted in the dashboard.
16. Assignment
You may not assign these Terms or any rights or obligations under them without our prior written consent, which will not be unreasonably withheld. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of substantially all of our assets, with notice to you.
17. Severability and entire agreement
If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be deemed modified to the minimum extent necessary to make it enforceable. These Terms, together with the Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements on the subject.
18. Governing law and venue
These Terms are governed by the laws of Romania, excluding its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service will be submitted to the exclusive jurisdiction of the competent courts of Bucharest, Romania, except where mandatory consumer law in your country of residence requires otherwise.