ATLAS Access – Software License Agreement

Please carefully review this Software License Agreement before agreeing to it and using the Services. By selecting the "I accept" box or any similar option, you fully and irrevocably agree to accept this Agreement, including any liability restrictions stated herein. By agreeing to this Agreement, you affirm that you possess the necessary authority to legally bind the entity you represent and its affiliated entities. If you lack such authority or disagree with the terms, you must not accept and must refrain from using the Services.

Purpose And Applicability
This Software License Agreement applies to the provision of Services by TKH Security to the Customer via the Platform.
This Software License Agreement does not cover the terms and conditions for the sale of Hardware to the Customer, including warranties and liabilities related to the sale and use of the Hardware. TKH Security's general terms and conditions, as outlined in the relevant Quotation, apply to the sale and use of the Hardware.
This Software License Agreement, along with the Data Processing Agreement, constitutes the complete Agreement regarding the Services provided by TKH Security and the Customer's use and access of the Services through the Platform. It supersedes any prior agreements between the Parties or any previously applied general terms and conditions by TKH Security concerning these matters. In the event of any inconsistency between the Software License Agreement and the Data Processing Agreement, the latter takes precedence.
Any terms, conditions, or provisions that conflict with, modify, add to, or deviate from this Agreement are only valid if agreed upon in writing by both Parties. The applicability of any other potential sales terms or conditions or other terms and conditions by the Customer is explicitly excluded.
The capitalized terms in this Software License Agreement have the meanings specified in Annex 1, except for the capitalized terms of the DPA, which are defined within it.

Amendments To The Agreement
TKH Security reserves the right to amend this Agreement at any time. To do so, TKH Security will notify the Customer electronically (such as via e-mail, the Web App, or the Mobile App) of any modifications. Upon receiving such notification, the Customer has fifteen (15) calendar days to explicitly reject these modifications as specified in TKH Security’s notice. Failure to reject the modifications within this period implies acceptance of the amended Agreement.
Should the Customer not expressly reject the modifications within the stated timeframe, they will be deemed accepted and fully applicable. Additionally, if the Customer enters into a new Agreement with TKH Security, the aforementioned amendments will also be considered accepted by the Customer.

Execution Of The Agreement
The Customer acknowledges that the Services described in this Software License Agreement cannot be provided in connection with or in association to any other hardware different from the Hardware provided by TKH Security or TKH Security’s Partner.
The terms and conditions outlined in the Partner Documentation, agreed upon between TKH Security’s Partner and the Customer, will not be binding or enforceable against TKH Security or any other company within TKH Security’s Group unless explicitly agreed upon within this Agreement.
The Agreement is considered formalized and executed only upon the Customer's acceptance of this Software License Agreement, achieved by clicking the "I accept" box or any equivalent box, and upon the successful completion of the Registration process outlined in Article 4 below.

Registration
After acceptance of the Quotation, the Customer will receive the Account Details with which the Customer can complete the Registration in the Platform.
After having completed the Registration, which includes acceptance of this Software License Agreement and the Data Processing Agreement, the Customer may access the Site, connect its EntraID environment and use the Service(s).
The Customer is responsible for the careful and confidential handling of their Account Details, assuming full risk. This includes using reasonable efforts, such as implementing appropriate security measures, to prevent unauthorized access to the Services via the Account Details and the Customer’s Site. The Customer acknowledges full accountability for any actions carried out using their Account Details (as detailed in Article 15 below), with TKH Security bearing no liability in the event of suspected loss, theft, or misuse by third parties of the Account Details.

Services
During the term of this Agreement and as long as the Customer fulfils with any applicable obligation and complies with this Software License Agreement, TKH Security grants to the Customer the in the Quotation stated amount of personal, limited, non-exclusive and non-transferable right(s) to use the Services.
The right of use granted by TKH Security to the Customer under Article 5.1. is subject to the following prohibitions:
The Customer is prohibited from selling, reselling, transferring, assigning, distributing, or otherwise commercially exploiting the Subscriptions and/or the right to access and use the Services without the express and prior consent of TKH Security.
The Customer shall not allow any unauthorized individuals to access or use the Services.
The Customer shall refrain from making any alterations to the Platform.
The Customer is not permitted to modify, decompile, reverse engineer, or copy the Platform, the Services, or any of its components.
The Customer shall not use the Services and the Platform in any manner that is unlawful, illegal, fraudulent, or harmful. This includes engaging in or facilitating any unlawful, illegal, fraudulent, or harmful activities, or using the Services for purposes that infringe upon the rights of third parties.
The Customer shall not use the Services or the Platform in any manner that may cause damage to the Services or the Platform or disrupt the availability or accessibility of the Services. Especially, but not exclusively, the Customer shall not utilize the Services and the Platform to initiate or spread Malware.
The Customer has no right to access the software code (including object code, intermediate code and source code) of the Platform, either during or after the term of this Agreement.

Support Services
Upon the Customer's request, TKH Security may offer technical support services for matters concerning the use and performance of the Platform. These services will adhere to TKH Security's standard support policies or as specifically outlined in written agreement by both Parties.
The Customer retains the option to enter into an agreement with the Partner for technical support services. To clarify, any grievances regarding the provision of support services agreed upon between the Customer and the Partner should be directed to the Partner. TKH Security holds no liability for any Direct or Indirect Damages resulting from the provision of such support services.

Mobile App And Web App
The Parties acknowledge and agree that their respective rights, obligations, and liabilities concerning the Mobile App and/or the Web App and any liabilities arising out of the use of these Apps may be subject to separate terms and conditions different from this Software License Agreement.
The Parties acknowledge and agree that the delivery of Services through a Mobile App and/or Web App, is subject to the availability of the aforementioned app in the respective country and the terms and conditions set forth in its End User License Agreement.

Fees And Payment Methods
In consideration for the rights granted and the promises made by TKH Security under this Agreement, the Customer agrees to pay to TKH Security the amounts stated in the applicable Quotation. Customer agrees to fully pay all invoices, without offsets or other deductions, no later than the date when they are due.
When the Subscription Services are purchased from a Partner, the Fees to be paid by the Customer for each Subscription for the access and use of the Services are those stated in the applicable Partner Documentation or otherwise agreed upon between the Customer and the Partner. The relevant invoice issued by the Partner must be fully paid before activating the Subscription.
TKH Security reserves the right to adjust Subscription Fees annually.

Renewal And Cancellation Of The Subscriptions
For Subscriptions managed through recurrent billing, the Subscription will be automatically renewed at the end of the Subscription term and charged through the payment method indicated by the Customer, unless the Customer cancels its Subscription. The Customer can cancel the Subscription according to the terms in the Quotation and will continue to have access to the Services until the end of the Subscription term. Payments for the Subscription are non-refundable (except otherwise set forth in this Software License Agreement) and TKH Security shall not provide refunds or credits for the time period between the cancellation date and the end of the billing period.
If the Customer has not paid the Fees owed to the Partner or to TKH Security on time and is therefore in default, TKH Security is entitled to terminate the Agreement with immediate effect and to immediately suspend the Services and deny access to the Platform and/or the Services. In that case, the Customer shall be liable for all Direct and Indirect Damages suffered by TKH Security, comprising, among other things, loss of profits and costs in connection with judicial and extrajudicial measures.

Servicing And Maintenance And Other Restrictions On Use
In the event that TKH Security schedules in advance any general maintenance of the Platform and/or the Services needed to be carried out, that may affect the availability of the aforementioned, TKH Security shall give the Customer prior notice of the scheduled maintenance.
Without prejudice to the above, TKH Security is entitled at any time to immediately block, suspend or restrict the use of (parts of) the Services and/or of the access to (part of) the Platform, and/or take other measures if deemed necessary in TKH Security’s view, for maintenance purposes or for compliance with any statutory requirements, without the Customer being entitled to claim for compensation of any damage or loss suffered (neither Direct nor Indirect Damages). In any case, TKH Security shall use reasonable efforts to minimize any such disruption of the Services.
If possible, TKH Security shall inform the Customer in advance as soon as possible of such measures. In case such prior notice is not feasible in view of the circumstances, upon the suspension TKH Security shall provide the Customer with written notice specifying the reason for the suspension.
The Customer is obliged to provide all cooperation required by TKH Security for servicing and maintenance, including stopping the use of the Services by the Customer, if TKH Security considers this necessary.

Availability And Suspension Of The Services
TKH Security shall use reasonable endeavours to maintain the availability of the Services to the Customer, but TKH Security does not guarantee 100% availability.
TKH Security warrants a 99.9% availability of the Services measured on a monthly basis. Notwithstanding, the following shall not be accounted towards the availability percentage:
- The time during which TKH Security carries out maintenance services in accordance with the contents of Article 10. Downtime caused by circumstances beyond TKH Security’s control, including, without limitation, any events of force majeure (as set forth in Article 16).
- Any disruption of the Services caused by any act or omission of the Customer, or of third parties, including any Malware.
- Any disruption of the Services due to any amendments or alterations made to the Hardware by the Customer or by third parties, due to any damage of the Hardware or due to the breach by the Customer of the obligation of maintaining the Hardware in an adequate state of functioning.
- Any disruption of the Services due to the use of the Platform or Services on a system not supported by TKH Security or due to the interconnection of the Services with other software products not supplied by TKH Security.
- Suspension of the Services in cases permitted under provisions of this Software License Agreement.
In the event that TKH Security fails to meet the 99.9% monthly uptime percentage, subject to the terms and conditions of this document, the Customer shall be entitled to service credits based on the following metrics:
- Monthly availability Percentage service credit
- Less than 99.9% but at least 98.9% 5% of the Fee divided by 12
- Less than 98.9% but at least 95.9% 10% of the Fee divided by 12
- Less than 95.9% 15% of the Fee divided by 12
The monthly uptime percentage means for any particular calendar month the result of the (total number of minutes during that calendar month minus the total number of minutes of downtime that is reported by the Customer during that calendar month) divided by (the total number of minutes within subscription of the Customer multiplied by the total number of minutes during that calendar month).
In the event TKH Security fails to maintain the mentioned availability of the Services during the relevant period of each activated Subscription in force, without occurring any of the circumstances provided in Articles 11.2 above and 11.6 below, the Customer may claim for the service credit as provided in Article 11.3 above. The Customer shall request any such indemnification to TKH Security within five (5) working days from the following month, notifying the date and the beginning and end time of each unavailability period occurred during the previous month. Within a period of thirty (30) calendar days since Customers’ request, TKH Security shall either deny the request in written motivated notice, or pay the agreed indemnification to the Customer The Customer acknowledges and agrees that the aforementioned agreed indemnifications are adequate and the only compensation for any loss or damage (whether Direct or Indirect) caused to the Customer by any unavailability of the Services. Additionally, the Customer agrees and accepts not to address any claim in connection with the lack of availability of the Services to the Partner or TKH Security’s Group waiving any right it may hold under any jurisdiction in this regard.
Without prejudice to any other suspension events foreseen in other articles of this Software License Agreement, TKH Security may suspend the Services and deny access to the Platform, without the Customer being entitled to any indemnification or compensation whatsoever it if:
- TKH Security deems it necessary to prevent or terminate a use of the Services prohibited under this Software License Agreement.
- Upon notice to the Customer, if the Customer commits a material breach of this Agreement.
- The Customer does not pay the Fees owed to TKH Security or the Partner on time in accordance with Article 8.1 and 8.2.
Suspension of the Services shall be without prejudice to any rights or liabilities accruing prior to the suspension.

Confidentiality
The Parties undertake not to reveal the Confidential Information to third parties, without the prior written consent of the other Party. Nevertheless, the Parties hereby expressly authorize that Confidential Information may be shared with TKH Security’s Group members, TKH Security’s Partner and/or the Installer in order to guarantee the provision of the Services.
This obligation of confidentiality shall oblige both Parties and its representatives. Under this provision, the term representative shall mean any employee, director, agent consultant, adviser or any other person related to them.
With the purpose of avoiding the reveal of the Confidential Information, each Party undertakes to adopt any arrangements and measures it may deem appropriate in order to preserve the Confidential Information, in particular all the measures necessary related to its employees that have access to the Confidential Information.
If any of the Parties or its representatives breaches the confidentiality obligations herein, the breaching Party shall indemnify the other Party for any Direct Damages or losses that the other Party suffered as a consequence of the aforesaid breach.
In the event that a Party is requested by a judicial or administrative authority to provide the Confidential Information it shall inform the other Party immediately.
This confidentiality obligation shall remain in force for an indefinite term, while the Confidential Information preserves its confidential and secret nature.
For the avoidance of doubt, any previous confidentiality agreement, or non-disclosure agreement in force that the Parties may have signed, or that the Customer may have signed with the Partner, shall remain in force and valid, and will not be affected by this provision, and still applicable for the information disclosed thereunder.

Data Protection
Any Personal Data accessed by TKH Security in relation to the Services to which the Customer is Controller or Processor shall be processed by TKH Security as Processor or Sub-processor (as these terms are defined in the DPA). In this regard, the obligations of each Party deriving from such processing of Personal Data shall be governed by the Data Processing Agreement applicable from time to time. The Data Processing Agreement may be modified in accordance with the procedure set forth in article 2.

Obligations And Use By The Customer
The Customer shall comply with all obligations, instructions, orders and restrictions deriving from the law and applicable regulations and also from this Agreement, the User Documentation and any other terms and conditions made known to the Customer via electronic means by TKH Security.
The Customer guarantees the accuracy and completeness of the Customer’s data, information and acceptances provided by the Customer to TKH Security when entering into the Agreement.
The Customer shall at all times provide TKH Security in due time with any data or information to enable the proper execution of the Agreement by TKH Security.
The Customer shall itself and for its own account and in due time, take care of suitable hardware and apparatus, ICT systems and infrastructure, connections, power supplies, internet connection, software and any other requirement to ensure the proper functioning of the Hardware and/or the Services.
The Customer shall not make or allow any unauthorized, unlawful or improper use of the Hardware, Mobile App, Web App, Subscription and/or Services. The Customer shall keep TKH Security harmless from any third parties’ claims and from any losses or damages (whether Direct or Indirect) caused by any unauthorized, unlawful or improper use of the Hardware, Subscription and/or Services.
The Customer shall not enter, process, store or disseminate data in breach of the relevant legislation and regulations, the rights of third parties and/or the rights of TKH Security, including its Intellectual Property Rights.
The Customer shall be responsible for granting access to use the Services to the Users that the Customer wants to authorize. The Customer shall not permit third parties (other than Users) to use Software License Agreement ATLAS Access – March 2024 Page 6 of 12 a Subscription or make use of the Services without TKH Security’s express prior written permission.
The Customer will take suitable measures to prevent TKH Security’s ICT systems and infrastructure from being exposed to any kind of Malware, among others computer viruses, hacking, spam, spyware and suchlike harmful files, and will take suitable measures to prevent excessive system overload, instability and/or defective functionality of TKH Security’s ICT systems and infrastructure.
The Customer is in this respect expressly prohibited to sell, hire out, lease, transfer, grant use of or in any other manner disclose the Services and/or associated documentation to third parties, unless TKH Security provides prior express authorization in writing.
Failure to comply with any of the aforementioned obligations shall exonerate TKH Security of any responsibility or liability emerging from this Agreement.

Liability
The Services, Site, Web App and Mobile App are provided “as is”, and all other representations, warranties, oral or written, express or implied arising from course of dealing, course of performance, usage of trade, quality of information, quiet enjoyment or otherwise (including implied warranties, terms or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, non-interference, or non-infringement) are, to the fullest extent permitted by applicable law, excluded from this Agreement.
TKH Security only guarantees the correct functioning of its Services via an API in a Third Party’s Platform, but cannot warrant the access to them, nor the functioning and availability of other services on the aforementioned platform. Therefore, TKH Security shall only be liable for the strict correct functioning of the Services in a Third Party’s Platform through the API.
TKH Security’s total aggregate liability under or related to any Direct Damage shall under no circumstances exceed the aggregate amount of the Fees actually paid, over the last twelve (12) months, by the Customer for the purchase of the Subscription.
Under no circumstances shall TKH Security (or any of its affiliates, employees, directors or shareholders) be liable to the Customer or any other person for Indirect Damages, including any of the foregoing losses or damages resulting from Customer’s use of the Services, Mobile App, Web App and/or Site provided hereunder, or arising from any breach of this Agreement or any termination of this Agreement, whether such liability is asserted on the basis of contract, tort (including negligence or strict liability) or otherwise and whether or not foreseeable, even if TKH Security has been advised or was aware of the possibility of such loss or damages.
The aforementioned limitations shall not apply in cases of; (a) malice or fraud; (b) wilful misconduct; (c) liability for death or personal injury due to negligence; (d) the exclusion or limitation is not permitted by applicable law.
The Customer accepts its full liability, without any limitation whatsoever, for Direct or Indirect Damages, including any losses or damages resulting from Customer’s use of the Services, Mobile App, Web App and/or Site provided hereunder, or arising from any breach of this Agreement or any termination of this Agreement.
The Customer undertakes to indemnify and hold fully harmless TKH Security in accordance with the applicable law against and from any and all damages and liabilities caused as a consequence of, or in any way connected with its performance under the Agreement and the use of the Services.

Force Majeure
Neither Party shall be liable for, nor shall either Party be considered in breach of this Software License Agreement due to, any failure to perform its obligations under this Agreement as a result of a cause beyond its control, including any act of God or a public enemy or terrorist, act of any military, civil or regulatory authority, change in any law or regulation, fire, flood, earthquake, storm or other like event, theft or criminal misconduct by unrelated third parties, disruption or outage of communications (including the Internet or other networked environment), power or other utility, unavailability of supplies or any other cause, whether similar or dissimilar to any of the foregoing, which could not have been prevented by the non-performing Party with reasonable care.

Intellectual Property Rights
All Intellectual Property Rights to the Hardware, any software, websites, the Platform, databases, equipment or other materials provided to the Customer under the Agreement, such as analysis, documentation, reports or offers, even those that may derive from the rendering of the Services, are solely owned by TKH Security, its licensors or its suppliers. Nothing in this Agreement shall be understood as transfer of the ownership of any Intellectual Property Rights from TKH Security to the Customer.
The Customer shall solely obtain, insofar as relevant, the rights to use expressly granted by this Software License Agreement and the law and exclusively during the Term of the Agreement. Any right of use to which the Customer is entitled is not transferable to third parties.
The Customer is prohibited from removing or altering any copyright, trademark, trade name, or other indications of Intellectual Property Rights in the Hardware, Platform, software, websites, databases, equipment, or materials. This includes any indications regarding their confidential nature.
The Customer is prohibited from reproducing, disassembling, reconstructing, decompiling, reverse engineering the source code, or otherwise processing, modifying, or adapting the Platform, the Services, or the Hardware, whether in whole or in part, in any manner whatsoever.
TKH Security is entitled to change the technical set-up of the Platform and the Services at any time at its own discretion and without the Customer’s permission being necessary.

Term And Termination Of The Agreement
This Agreement shall enter in force on the date when all conditions set forth in Article 4.2. are met, and it shall remain in force during the initial term of the Subscription (i.e. one year from the date of subscription) and its renewals.
Without prejudice to the other articles of this Agreement, a Party shall only be entitled to early terminate the Agreement in the event of breach of the Agreement, when the non-performing Party fails to remedy the breach after having received a proper written notice of default specifying as many details as possible and starting a reasonable period, which may in no event exceed one (1) month, within which to remedy the failure.
TKH Security shall be never obliged to (i) refund, reimburse or repay the Fees or any other fees already received, or (ii) pay any compensation because of termination for one of the above-mentioned reasons (save in case of termination of the Agreement due to a serious breach of TKH Security of the essential obligations under this Agreement).
All user and access rights with regard to the Services elapse with immediate effect on termination of the Agreement for any cause. Therefore, upon termination of the Agreement for any cause, TKH Security shall cease the Services.
For avoidance of doubt, the termination of this Agreement shall not affect anyhow the validity of the Data Processing Agreement that the Customer agreed to with TKH Security, which shall remain totally applicable and in force in accordance with its own terms and conditions established therein.
In all instances where the Agreement is terminated for whatever cause, it shall continue to govern the relationships between the Parties insofar as necessary for the settlement thereof.

Transfer Or Making Available Of Rights And Obligations
TKH Security reserves the right to transfer its rights and/or obligations under the Agreement to a third party without requiring permission from the Customer, provided that TKH Security ensures that such third party agrees to adhere to the rights and obligations outlined in the Agreement.
The Customer is not entitled to assign or make available any rights and/or obligations under the Agreement and/or the Agreement to third parties without the prior and written consent of TKH Security. Except for the event that the ownership or management of the premises or building, where the Hardware associated with the Site is installed, is transferred to a third party. In this case, the Customer shall update the corresponding Site Details and Customer data in the Platform.
TKH Security is entitled to totally or partially subcontract the article of the Services through the Platform, or any parts thereof, to any company without Customer’s authorization being required.

Final Provisions
If any articles of the Agreement are deemed void or destroyed, this does not affect the validity of the other clauses of the Agreement. In that event, the Parties will engage in discussions regarding the content of a new article which corresponds as closely as possible with the original article.
In case of ambiguity regarding the interpretation of one or several articles in the Agreement, these shall be construed in the spirit of those articles.
If a situation arises between the Parties that is not regulated by the Agreement, then this situation must be assessed in accordance with the spirit of the Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes arising between the Customer and TKH Security shall be exclusively subject to the jurisdiction of the competent court in The Hague (Den Haag), the Netherlands.
The official language of the Agreement is English. In case of any discrepancy between the English version and any other version the Agreement could be translated to (for the exclusive purposes of facilitating Customer’s understanding), the content of the English version shall prevail.

Annex 1 – Definitions

For the purposes of this Agreement, the terms listed herein mean the following:

Account Details: The customer code, password, customer name, activation codes and other details relating to the Customer which permit the Customer to have access to the Site.

Agreement: The entire agreement entered herein between TKH Security and the Customer which is comprised by this Software License Agreement and the Data Processing Agreement (including the Appendices).

API: An Application Programming Interface (or any other similar technology or software component) offered by TKH Security through a platform that allows the Customer to use some of TKH Security’s services without accessing them directly.

Confidential Information: Includes: (i) all information concerning the Hardware, Services, or a Subscription, irrespective of its support (designs, handbooks, software, hardware, etc.) (ii) any other information to be acknowledged by the Parties by virtue of this Agreement; and (iii) any technical, financial, commercial, industrial or structural information regarding the activity of TKH Security and its Group.

Customer: A legal person who enters into this Agreement for using and having access to the Services for professional purposes. Data Processing Agreement (or DPA): The supplementary agreement entered into by TKH Security and the Customer, on which basis TKH Security shall process Personal Data as set forth in clause 13.1.

Direct Damage: Any actual and material damage or loss, other than Indirect Damages, caused to any Party as a direct and necessary consequence of a breach of the Agreement by the other Party.

Downtime: any period of more than five (5) minutes during which the Services fail to be operational and accessible for usage under standard access control operating conditions. This encompasses exclusively the following scenarios:

Inability to create or modify access rights: This includes any period of more than five (5) minutes during which Users are unable to create new access rights or modify existing ones within the Mobile App, thereby preventing the proper management of access control permissions.
Unavailability of services for synchronization: This pertains to periods where backend services, essential for the synchronization of access tokens towards the Mobile App, are not available.
Inability to access secured rooms with the Hardware: This scenario covers instances where Users are unable to gain access to rooms secured with the Hardware through the Mobile App. Downtime resulting from Hardware failures of the locks or misconfigurations in the system which are outside the scope of this agreement is not included.

Entra ID environment: Microsoft’s cloud-based identity and access management service used for:

Authentication and authorization of Users when signing in on the Platform.
Provisioning and deprovisioning of Entra ID users into the Platform.
Visitor Management: invite visitors and track reservations.

End User License Agreement (EULA): The applicable End User License Agreement that is entered into between the Customer’s Authorized Users and TKH Security with respect to Customer’s license and use of the Platform.

Fees: The fees to be paid by the Customer for the purchase of each Subscription in order to have access and use of the Services through the Platform, all in accordance with the provisions of clause 8.

Hardware: The compatible hardware purchased by the Customer, either directly at TKH Security or at a Partner, which is required for the access and use of the Services by the Customer.

Indirect Damage: Consequential damages, loss of profits, lost savings, reduced goodwill or reputation damages to Customers, TKH Security, TKH Security’s Group or TKH Security’s Partner or other third parties, and all other forms of indirect damage caused to any Party which is not a direct, predictable and necessary consequence of a breach of the Agreement by a Party.

Intellectual Property Rights: All intellectual and industrial property rights in the meaning of Dutch or international conventions on intellectual property, including other property rights and potential license rights, source codes, software, database rights and other rights vested in TKH Security or its Group with the broadest legal extension.

Malware: Applications, executable code or malicious content, and any computer programs specifically designed to infiltrate and damage networks and computers without TKH Security’s consent or that TKH Security deems to harm the Platform. Malware shall cover, without limitation, all different types of threats to your computer and network safety, among other viruses, spyware, worms, trojans or rootkits.

Mobile App: The mobile application of the Platform, which must be downloaded from an authorized mobile app store.

Parties: TKH Security and the Customer, individually referred to as the “Party”.

Partner Documentation: Any contractual documentation entered into and between a TKH Security’s Partner and the Customer (either in writing or by digital means) for the purchase of the Hardware and/or a Subscription by the Customer, which shall include the Fees for accessing and using the Services.

Platform: The platform for the access control application ATLAS in which the Customer is registered, which is managed by TKH Security and used by TKH Security to provide the Services, composed by a Web App and/or a Mobile App.

Quotation: The sales quotation which TKH Security has offered to the Customer, and which is accepted by the Customer containing the number of Users of the ATLAS software and in certain cases the Hardware and related services.

Registration: Process to be completed so as to activate the Site following provisions of Article 4.

Service(s): The cloud based access control solution ATLAS provided remotely by TKH Security to the Customer for which the Customer has purchased a Subscription and in respect of which this Agreement is accepted.

Site: An account enabling the Customer to have access and use the Services through the Platform in order to manage the access control to the facility where the Hardware associated to it is installed.

Software License Agreement: The Software License Agreement herein which are entered between TKH Security and the Customer regarding the use and access of the Services.

Subscription: The recurrent subscription which needs to be purchased by the Customer for receiving the Services.

Third Party Platform: any platform, add-on, service, product, app or integration not provided by TKH Security that Customer elects to integrate or enable for use with the Service(s).

TKH Security: TKH Security B.V. is a Dutch company, with its corporate registered address located at Werner von Siemensstraat 7, 2712PN Zoetermeer, The Netherlands. Registered at the Dutch Chamber of Commerce with registration number 30191139.

TKH Security’s Group (also only as “Group”): Means TKH Security’s affiliate and subsidiary companies identified on TKH Security’s website (tkhsecurity.com) including its mother company TKH Group N.V.

TKH Security’s Partner (also only as “Partner”): Any of the TKH Security’s partners who commercialize the Hardware and/or the Services and through which the Customer may purchase the Subscription for the use and access of Services and/or Hardware.

User(s): Natural person(s) authorized by the Customer to have access to and use the Services.

User Documentation: Any of the documents designated by TKH Security as such, whether or not in electronic form, which may include user documentation for the Hardware and the services.

Web App: Means the web application of the Platform.