Excel Smart: Terms & Conditions

 

1. TERMS OF USE

The Terms of Use apply to Excel Smart (hereinafter referred to as “APP”), supplied by Arquitechtura AGIS SA de CV (hereinafter referred to as “EXCEL”). By accessing this APP, you shall acknowledge that the following terms are accepted. In case that you do not understand or accept any of the terms herein, you should discontinue your use of this APP.


To the extent permissible by law, EXCEL reserves the right to alter these Terms of Use at any time without prior notice. You are responsible for regularly checking of any changes to the Terms of Use. Your continued use of this APP after any such changes are released shall be deemed as your acceptance of the said changes.


2. APP INFORMATION AND EXPLANATION

This server of the APP is located in the People's Republic of China, though this APP can be accessed in somewhere out of China, the availability of the functions, products, and services discussed, mentioned, supplied, and provided through or on this APP may vary by country or region.


You should choose to visit this APP from countries or regions outside China, you do so of your own volition and shall use our APP only as permitted by local laws.


3. APP CONTENT

All texts, images, music, videos, animations, trademarks, patterns, charts, visual interfaces and code (hereinafter referred to as “Content”), including but not limited to the ideas, design, structure, expression, and display of the aforementioned Content, are legally owned, controlled, or legitimately authorized to be used by EXCEL. Unless otherwise stated in these Terms of Use, you shall not use the Content on this APP for any commercial purpose in any way without EXCEL's prior written consent.


You can download information presented on this APP with regard to EXCEL's products and services, provided that:


  1. Said information is used solely for personal purposes and not for commercial purposes.
  2. No alterations of any kind are made to said information.
  3. No further statements and warranties shall be made with regard to said information or documents containing said information.
  4. No statements and/or notifications indicating EXCEL's ownership of and other legal rights and interests with regard to said information shall be removed, in part or in full.

4. USAGE STANDARDS

This APP and its Content cannot be used illegally or for any purpose prohibited in these terms of usage, nor can they be used to infringe on the legal rights and interests of other persons or organizations.


You shall not use any identical or similar manual programmer, to access, obtain, copy, or monitor any part of this APP or its Content. Additionally, you shall not visit, obtain, or copy any materials, documents, or information on this APP by any method not provided by this APP.


You shall not attempt to illegally access, decode, or use any other illegal methods to gain unauthorized access to this APP, its Content, or its services. You shall not trace, reverse lookup, decrypt, or decode any customer information on this APP, including but not limited to the EXCEL ID's of users other than yourself.


You shall not violate any of the security mechanisms or authentication measures utilized by or linked to this APP. You shall not probe, scan, or otherwise test for any network weaknesses of this APP or those linked to it, nor launch any form of attack against it.


You agree not to use any device, software, or programmer to interfere or attempt to interfere with the regular operation of this APP or any transactions performed on this APP, or to interfere or attempt to interfere with the use of this APP by others. You shall not undertake any actions that store unreasonable or disproportionate amounts of data on this APP's infrastructure, system, or network, or on systems or networks that are linked to this APP.


5. ACCOUNT, PASSWORD AND SECURITY

You may need to register a EXCEL ID or log in to your EXCEL product ID to access certain functions or services on this APP. You accept full responsibility for protecting the confidentiality of your account information, including your password. You accept full responsibility for any and all actions that occur on or against your account in the event that you fail to maintain the security and confidentiality of said information.


If you find that your account has irregularities or abnormalities, including but not limited to the password being changed or the account being logged in to or used by unauthorized persons, you should notify EXCEL immediately. If your failure to maintain the confidentiality of your account information leads to your account being used by others, which further leads to damages to EXCEL or other visitors to this APP, you may be held liable for said damages.


You shall not use other people's EXCEL ID's at any time without the express permission of the account holder. If your failure to comply with this clause leads to personal damage or loss to yourself or others, EXCEL will not assume responsibility for said losses.


6. EXTERNAL LINKS

This APP may contain links to independent third-party APPs. Such links are provided only for the convenience of visitors to this APP. EXCEL does not give any express or implied guarantees regarding the Content, services, and information provided on linked APPs, nor should these links be deemed as a recommendation or authorization by EXCEL with regard to the linked APPs. You can visit any and all of the linked APPs entirely at your own discretion, however EXCEL shall assume no responsibility for the outcome of any such interactions.


7. COPYRIGHT AND TRADEMARKS

Copyright and all other proprietary rights in Content and the APP provided by EXCEL, it’s affiliates, subsidiaries and/or partners, the software to operate and publish the APP, the compilation of data on the APP, and the order, sequence and arrangement of this APP, all belong to EXCEL. All rights in the Content and the APP not expressly granted herein are reserved.


EXCEL SMART, EXCEL DIGITAL DOOR LOCK and applied other trademarks are a registered trademark of EXCEL and all other registered trademarks of EXCEL and its affiliates are important assets of EXCEL. Proper use of these trademarks is important and you should follow the instructions of EXCEL when referencing our company’ products and services.


The use and registration of the EXCEL DIGITAL DOOR LOCK name is exclusively reserved to EXCEL. You may not register nor use a company name, statutory name, trade name, domain name or other name, indication or description, of which the EXCEL DIGITAL DOOR LOCK name or any name similar thereto or any name which consists of a part of the EXCEL DIGITAL DOOR LOCK name.


8. PRIVACY

This APP is subject to EXCEL's Privacy Policy, the details of which can be viewed by selecting "Privacy Policy" in the bar at the bottom of web pages on this APP.


It should be noted that the network link and data transmitted between yourself and this APP are neither completely safe nor confidential, and it is possible that information and data you send to this APP could be intercepted by others. EXCEL is unable to guarantee the security and confidentiality of the network link and data transmitted between yourself and this APP.


9. RESERVATION OF RIGHTS

EXCEL reserves the right to perform the following actions at any time without giving notice:


  1. Suspend or terminate operation of, or access to, all or part of this APP at any time, irrespective of the reason.
  2. Fix or alter all or part of the Content of this APP as well as any applicable policies, terms, or clauses.
  3. Suspend operation of all or part of the APP for the purposes of maintenance, alteration of errors, or other such changes at regular or irregular intervals.

10. DISCLAIMER

EXCEL DOES NOT GUARANTEE THE AVAILABILITY, CONTINUITY, AND ACCESSIBILITY OF THIS APP, ITS CONTENT, OR ITS SERVICES. THIS APP AND ITS CONTENT ARE PROVIDED ON AN 'AS IS' BASIS. YOU, AS THE USER, BEAR ALL RESPONSIBILITIES FOR USAGE OF THIS APP AND ANY APP LINKED TO IT. SHOULD YOU FEEL DISSATISFIED WITH ALL OR ANY PART OF THIS APP, YOUR ONLY COURSE OF REMEDIAL ACTION IS TO STOP USING ALL OR PART OF THIS APP, AS LIMITATION OF REMEDIES CONSTITUTES PART OF YOUR AGREEMENT WITH EXCEL WITH REGARD TO USAGE OF THIS APP.


INFORMATION PUBLISHED ON THIS APP REGARDING TYPES OF PRODUCTS AND SERVICES AVAILABLE, INCLUDING BUT NOT LIMITED TO PRODUCT FUNCTIONS, CONFIGURATIONS, PARAMETERS, TECHNICAL STANDARDS, AND SERVICE CONTENT, MAY DIFFER BASED ON COUNTRY OR REGION. THE FUNCTIONS, CONFIGURATIONS, PARAMETERS, AND TECHNICAL STANDARDS OF ANY GIVEN PRODUCT MAY BE ADJUSTED AT DIFFERENT STAGES OF THAT PRODUCT'S LIFE CYCLE, AND IT MAY TAKE SOME TIME FOR EXCEL TO UPDATE THE CORRESPONDING INFORMATION. THEREFORE, THERE MAY BE SOME VARIATIONS BETWEEN THE PRODUCT AND SERVICE INFORMATION YOU SEE ON THIS APP AND THE ACTUAL PRODUCT YOU PURCHASE OR PRODUCTS FOR SALE IN YOUR MARKET. EXCEL DOES NOT GUARANTEE THE CORRECTNESS, COMPLETENESS, OR RELIABILITY OF THE CONTENT OF THIS APP.


11. LIMITATION OF LIABILITIES

Except where forbidden by law, under all circumstances, EXCEL will accept no responsibility for all indirect, derivative, incidental, collateral, or punitive damages that may be incurred from usage of this APP, including but not limited to profit loss, even if EXCEL is already aware of the potential risks.


If your use of this APP results in any form of damage or loss, the complete and maximum liability that EXCEL and its partners assume shall not exceed the total sum of any subscription fees or similar fees related to your use of the services or functions of this APP.


Some legal jurisdictions do not allow for the limitation of liability. Therefore, the aforementioned restrictions may not be applicable to you.


12. INDEMNITY

In the event of any third-party request, loss, liability, proposition, or expense (including lawyer's fees) brought against EXCEL arising from or relating to your usage of this APP, you agree to compensate EXCEL, its directors, employees, agents, partners and other licensed persons.


13. INDEPENDENT REMEDIES

The clauses in Article 11 "Limitation of Liabilities" and Article 12 "Indemnity" of this Agreement take effect independently, even if it is determined that said articles and/or clauses are unable to fulfill the intended purpose or be enforced by law. Within the scope permitted by related effective laws, the limitations of liability stipulated in Article 11 and Article 12 herein shall be applied, irrespective of whether the loss is due to (1) breach of contract, (2) breach of guarantee, (3) errors or infringements, including negligence or misrepresentation, (4) strict liability, (5) or any other reasons


14. FEEDBACK

Any feedback you provide on this APP is regarded as non-confidential. EXCEL reserves the right to freely use this information without limitation.


15. BREACH OF THESE TERMS OF USE

You agree that EXCEL reserves the rights to terminate your access to this APP and/or block you from visiting this APP in the event that EXCEL deems you to have breached any of these Terms of Use.


If EXCEL revokes your access to this APP as a result of you having breached these Terms of Use, EXCEL assumes no liability towards you or any third-party.


You agree that EXCEL can solely decide, without prior notification, to terminate your access to all or part of this APP's functions, for reasons including but not limited to:


  1. In response to the requests of law enforcement agencies or other government institutions.
  2. In response to your own request. (If you request the deletion of your EXCEL ID, you may be unable to access online shopping functions.)
  3. The suspension or major modification of this APP or any of its services.
  4. Unforeseeable technical issues.

16. MISCELLANEOUS

These Terms of Use constitute the full Agreement between yourself and EXCEL with regard to your usage of this APP, and they replace any and all prior written or oral agreements between yourself and EXCEL with regard to usage of this APP. Notwithstanding the stipulations of other agreements signed between yourself and EXCEL, EXCEL will not accept any counter-offers with regard to these Terms of Use, and hereby expressly refuses all counter-offers.


If EXCEL fails to uphold or demand the strict execution of these Terms of Use, this should not be deemed as a waiver on the part of EXCEL of any rights pertaining to the execution of these Terms of Use, or the Terms of Use themselves. No action taken between EXCEL and yourself or a third-party should be deemed as an alteration to any of the stipulations of these Terms of Use.