Terms and Conditions of Use - Niko smart solutions
Version May 2022
Introduction
These terms and conditions of use (the "Terms and Conditions") define the relationship between you and Niko
when using Niko smart solutions such as home automation and access control and their configuration. These
solutions will be referred to hereinafter as 'Solutions' and consist of the following components:
- The Niko hardware, i.e. the original devices offered under the Niko brand, such as Niko gateways, hubs,
controllers, interfaces, switches, cameras, operating screens and other actors (hereinafter collectively
referred to as 'Niko Hardware')
- The Niko software, which is the software that allows you to install, configure and operate the Solution.
Depending on your Solution, this may include the following applications (hereinafter collectively referred
to as 'Niko Software'):
o The firmware preinstalled on the Niko Hardware;
o The software that runs the Niko user portal and allows you, if needed, to create and manage
your Niko account;
o The Niko app which, if required, can be used to configure and operate the Solution via the
operating screen or your smartphone or tablet.
The Terms and Conditions outline, amongst other things, what you can expect from Niko, what your rights are
and what Niko expects from you when you use a Solution. Some Solutions, such as Niko Home Control, also
allow you to connect to smart devices or solutions of third parties and to operate these via the Solution. This
aspect is also addressed in these Terms and Conditions.
By using the Solution (as defined below), you accept these Terms and Conditions. The application of other terms
and conditions and/or your own terms and conditions is expressly excluded, unless we have agreed to this in
writing.
In addition to these Terms and Conditions, Niko also has a privacy policy. This policy does not as such form part
of these Terms and Conditions, but it is important that you understand it, so that you know what personal data are
processed when you make use of the Solution, in what way, by whom and for what purposes, and what your
rights are in this respect. You can consult the privacy policy http://www.niko.eu/privacy.
Where reference is made in these Terms and Conditions to "Niko", "we", "us" or "our", this means Niko NV, with
registered office at Industriepark West 40, 9100 Sint-Niklaas, Crossroads Bank for Enterprises number
0405.450.607, www.niko.eu, info@niko.eu.
If you have questions or remarks about the use of the Solution, please contact your installer. You may also
contact us directly and send your questions or comments by post to the address above or by email to
info@niko.eu. Questions about your personal data can be addressed to dataprotectionofficer@niko.eu.
We will not archive these Terms. You should retain these Terms yourself.
1. Use of the Solution
General
1.1. You shall use the Solution with due and reasonable care, in accordance with these Terms and Conditions,
the manual and other usage instructions relating to your Solution.
1.2. To use the Solution, you must have the following:
(i) The operating screen or, optionally (but not included in the Solution) a computer, smartphone or tablet,
equipped with the most up-to-date security software and meeting the minimum requirements which you
can consult at the Google Play Store and Apple Store (smartphone and tablet), https://www.niko.eu/nl-
be/downloads/software (bedieningsscherm), or http://guide.niko.eu/ (computer);
(ii) A user account, to be created via the Niko user portal or the Niko app, as the case may be;
(iii) If you want to control the Solution remotely and/or configure it yourself:
o A broadband internet connection:
? at the location where the Solution will be installed. Depending on your Solution, it may be
connected wirelessly or via wired internet (Ethernet)
? for the device you want to use to control the Solution, via WiFi or mobile data.
The associated subscription or usage costs are not included in the Solution. You are responsible for
this yourself.
o The relevant Niko app, available from the Apple Store (for iOS users) and Google Play Store (for
Android users);
For more information please refer to our online product catalogue available at https://www.niko.eu/en/our-
products, or the manual of your Solution that is included with the Hardware.
1.3. Connecting the Solution to the Internet always involves a security risk. Niko has no control over your Internet
connection. You must take adequate security measures to limit this risk, such as, but not limited to, the
following measures:
(i) Keep your user account password strictly confidential and do not share it with anyone. Also avoid using
features such as autocomplete account information or passwords;
(ii) Secure your internet connection and your device against unauthorised access and use, for example by
using a password and sufficiently effective and up-to-date security software.
If you become aware of any misuse of your connection or user account, or suspect such misuse, please
notify us immediately and change your password right away if you still have access.
Niko Software End User Licence
1.4. Niko Software and all copyright and other intellectual property rights therein are the exclusive property of
Niko. You understand and accept that ownership of the Niko Software is not transferred to you, but is
licensed to you, within the limits as set out in these Terms and Conditions. The user rights granted by Niko
are limited to those expressly stated in this section.
1.5. Niko grants you a personal, non-exclusive, non-transferable and non-sublicensable right to use the Niko
Software for the installation, configuration and operation of your Solution in accordance with these Terms
and Conditions. The duration of the right of use is limited to the duration of use of the Solution.
1.6. The Niko Software can only be used for your own personal and non-commercial use.
1.7. If the Solution contains third party software, i.e. software not developed by Niko, the use of this software may
be subject to additional licence conditions. In that case, these conditions are mentioned on the portal where
the software is made available.
1.8. You are entitled to make one copy of Niko Software for backup purposes.
1.9. The right of use does not include the right, directly or indirectly, yourself or through an intermediary or any
other third party:
(i) to use the Niko Software for purposes other than those described in Articles 1.5 and 1.6;
(ii) to copy the Niko Software except as permitted by Article 1.8;
(iii) to resell or commercialise the Niko Software or make it available in any other way to third parties, even
if this is done free of charge;
(iv) as regards the Niko firmware, to use or install this in its entirety or partially on a device other than the
Niko Hardware;
(v) as regards the Niko apps, to use or install them on any device other than your own used to configure
and operate your Solution. Use or installation on any other device, including devices that are part of a
third-party home automation or access control solution is not covered by the licence and is expressly
prohibited;
(vi) to create derivative works of the Niko Software or to modify, decompile, disassemble or reverse
engineer the Niko Software or its source code, in whole or in part, unless such restrictions are
prohibited by applicable law for purposes of interoperability, in which case you agree to first contact us
and allow us to make such modifications for purposes of interoperability;
(vii) to merge Niko Software with or incorporate it in other software or to write, develop or commission the
development of other software based on Niko Software;
(viii) to sublicense the use of Niko Software to third parties or provide third parties with a copy thereof.
1.10. The Right of Use includes the right to use Niko Software as stated in these Terms and Conditions but does
not include access to the source code. This will not be transferred or made available under any
circumstances.
1.11. These Terms and Conditions do not automatically entitle you to any upgrade and/or update of the Niko
Software. However, Niko strives for optimal performance of the Niko Software and is constantly looking for
ways to improve the Niko Software. Therefore, we may sometimes provide a correction, bugfix, upgrade or
update on our own initiative (hereinafter collectively referred to as 'Updates'). These Terms and Conditions
also apply to such Updates. Where Niko makes Updates available, you are obliged to install them. You
acknowledge the need to perform the Updates in order to continue to use the Solution and the Niko Software
and agree to do so promptly. If you fail to do so, the (proper) operation or security of the Solution can no
longer be guaranteed. In this case we reserve the right to immediately stop the use and operation of your
Solution.
Niko Hardware
1.12. The Niko Hardware is required to use the Solution.
1.13. The Niko Hardware does not include any maintenance or support by Niko, except if and to the extent
provided in these Terms and Conditions or any other applicable terms of Niko.
1.14. The Niko Hardware should only be used in combination with the Niko Software and vice versa.
1.15. It is not permitted to modify, open, disassemble, reverse engineer or remove or replace parts of the Niko
Hardware, or to install any software other than Niko software on it, without Niko's express consent. Such
actions constitute an improper use of the Niko Hardware and will void the warranty provided by Niko. Niko is
also not liable for any damage caused by this. The only exception to this is the replacement of consumables,
such as (disposable) batteries.
Use via the Niko app
1.16. If you choose to operate certain features of your Solution via the accompanying Niko app, the following
additional terms and conditions shall apply, in addition to the other provisions of these Terms and
Conditions:
(i) You can only download the Niko app from the Apple App Store (iOS users) or Google Play Store
(Android users). Other app stores or sources are not supported; Niko does not make its apps available
through other channels than the Apple App Store or Google Play Store. Niko apps or related .apk
(Android) or .api (iOS) files provided through other channels have not been released by Niko and are
pirated copies. We cannot guarantee the proper operation of these versions, nor that they are the most
recent version or that they receive Updates. You acknowledge that the use of Niko apps through other
channels than the Apple App Store or Google Play Store is not allowed and that it violates the intellectual
property rights of Niko.
(ii) You confirm that you are not located in a country that is subject to an embargo by the government of the
United States, the European Union or a Member State thereof or that is considered an aid to terrorist
activity. You further certify that you are not on any list of prohibited or restricted contracting parties
established by the government of the United States, the European Union, or any Member State thereof;
(iii) Niko reserves the right, but has no obligation, to release Updates or new versions of its apps from time
to time that include features and functionalities that may differ from previous versions of the app. You
undertake to install such new version or Update in order to continue to use the Solution, and you
understand and accept that we cannot guarantee the support and operation of earlier versions and may
discontinue it upon release of a new version.
Linking third party products and services
1.17. You may link third party devices or services to your Solution ("Connected Solutions"). In that case, you shall
ensure that the Connected Solution you wish to link is compatible with the Solution, is suitable to be
controlled remotely, functions properly and is configured and operated correctly. Niko is not responsible or
liable for Connected Solutions. You acknowledge that any unreasonable, abnormal or incorrect use or
configuration of the link and/or the Connected Solution may result in premature wear and tear or damage to
the Solution, the Connected Solution or other objects or persons. You accept that such damage is not
covered by any applicable warranty terms and that Niko cannot be held liable for this either. You shall
indemnify Niko against any claim which may be brought against it in this regard.
1.18. You also acknowledge and accept that the use of the Connected Solution is subject to the terms and
conditions imposed by its provider and that you are solely responsible for compliance with them.
Depending on the way the connection of the Connected Solution with your Solution is set up, these terms
can be found through (a link in) your Niko app or through the third party provider's own application. If you do
not agree with the terms and conditions, you should not use the Connected Solution.
If you use the Connected Solution, you are also responsible for the payment of any costs charged by the
third party provider.
1.19. You further agree that Niko has no control or authority over the Connected Solution, its maintenance or
discontinuation, and that Niko bears no responsibility whatsoever if the third party provider discontinues the
Connected Solution and its use via the Solution is no longer possible.
Compliance with applicable laws
1.20. As we offer our Solutions in several countries and regulations may differ, certain functionalities of your
Solution may be deactivated by default. If you still wish to use these, they must be activated by you as the
end user. It is up to you to ensure compliance with local regulations. This also applies to the use of
Connected Solutions or devices such as cameras, for which specific regulations may also apply. You
acknowledge that this is your responsibility and that Niko cannot be held liable for this, and you undertake to
indemnify Niko in this regard.
Payment
1.21. The use of the Solution is currently free of charge and only presupposes the lawful possession of the Niko
Hardware and the Niko Software, except for what has been stated above with regard to the use of
Connected Solutions via the Solution.
1.22. Niko is constantly working on its Solutions to improve their functioning, to guarantee their security or to offer
additional functionalities. In addition, we work together with, and depend on, external service providers, e.g.
for software and cloud-related services that are inextricably linked to our Solutions. This requires significant
investments, which benefit you as end user. In order to guarantee the maintenance, quality level, security
and further development of our Solutions in the future, we reserve the right to make the use of the Solution
subject to payment. Naturally, you will be informed of this in a timely manner, and you will then have the right
to continue using the Solution with reduced functionality, or to stop using it. Niko cannot guarantee that a
free version will continue to exist.
2. Warranty
2.1. Niko warrants that the Niko Hardware, under normal use, is free from defects in materials and workmanship
for a period of four (4) years from the date of delivery to the User. This warranty is independent of any rights
you may have as a consumer under the law and is offered voluntarily by Niko. The date of invoice shall be
considered the date of delivery. If no invoice can be presented, the production date will apply.
2.2. This warranty covers, at Niko's option, the repair, replacement or refund of the defective Niko Hardware, but
does not cover any other loss or damage incurred or costs incurred as a result of the non-conformity,
including costs of third parties who may have intervened without our consent.
2.3. In case of non-conformity, you must notify us in writing no later than fifteen (15) calendar days after having
detected the problem, and clearly describing the problem. Without a description of the problem, Niko will
only perform a brief test of the basic functions of the Niko Hardware.
2.4. The warranty does not apply in the following cases:
(i) the defect is due to non-compliance with these Terms and Conditions, the manual or other
published usage instructions, faulty installation, improper use, abuse or negligent use, wrong
operation or transformation of the Solution or Connected Solutions;
(ii) the defect is due to use of the Solution in combination with Connected Solutions or other third party
products or services that are not compatible or do not function properly;
(iii) use of Niko Software contrary to the licence conditions;
(iv) repair or maintenance that has not been carried out by Niko or a service provider appointed by Niko;
(v) the Solution has been modified in order to change the functionality or capabilities in violation of
Niko's instructions or without its written consent, or in violation of applicable laws;
(vi) Niko Hardware of which the serial number has been removed or made illegible;
(vii) you are unable or refuse to disable safeguards, such as passwords, or give us access to the
Solution, or you cannot prove that you are the rightful owner of the Solution, for example by
producing proof of purchase;
(viii) lack of maintenance of the Solution or maintenance in violation of applicable user guidelines,
including failure to install Updates or failure to install Updates in a timely manner;
(ix) the defect is due to a lack of or inadequate protection of the Solution, the device you are using to
operate the Solution or the internet connection or network to which the Solution is connected;
(x) the defect is due to a cause that is not attributable to Niko, such as, but not limited to, an accident,
moisture damage, damage due to overvoltage, a defect in (the operation of) the data or electricity
network, etc.
(xi) the defect is the result of natural wear and tear or is inherent to the normal life of the Niko Hardware,
including consumables, such as a defective fuse or flat battery that you, the user, can replace,
cosmetic damage such as scratches, dents, cracks, discoloration, etc., unless this is due to a
material or manufacturing defect;
(xii) the defect is caused by the Niko Software which is integrated in the Niko Hardware or with which it
interacts;
(xiii) the defect is caused by third-party software with which the Solution interacts or which is installed on
it without Niko's approval;
(xiv) in cases in which Niko's liability is excluded as described in Article 3.
2.5. Except for the express warranties granted under these Terms and Conditions and to the extent permitted by
law, Niko gives no other express or implied warranty with respect to the Solution, its operation, saleability,
fitness for a particular purpose, uninterrupted use, non-infringement or otherwise.
3. Liability
3.1. Niko is not responsible and can under no circumstances be held liable for any form of loss, damage or
claims in the following cases:
(i) the device you use to operate your Solution did not meet the applicable minimum requirements
and/or was inadequately protected;
(ii) the damage is exclusively due to errors or omissions on your part or on the part of another user as
referred to in Articles 2.4 (i) to (xi);
(iii) the damage is attributable to errors or omissions by a third party for which Niko is not responsible;
(iv) damage attributable to products and services of third parties, including Connected Solutions;
(v) short interruptions in the availability or operation of the Solution due to a technical intervention (e.g.
maintenance);
(vi) faults in the functioning of the Solution over which Niko has no control in view of the state of the art
and technology;
(vii) use of the Solution in violation of applicable laws or for purposes for which the Solution is not
designed or intended.
3.2. Niko shall also not be liable for any failure to fulfil its obligations towards you due to causes beyond its
reasonable control (for example: natural disasters, acts or omissions on your part, operational disruptions,
man-made disasters or natural catastrophes, epidemic or pandemic medical crises, material shortages,
strikes, criminal acts, delays in delivery or transportation, or the impossibility of obtaining labour or materials
through regular sources).
3.3. In no event shall Niko be liable for any damage or claims arising from the use of the Solution, unless this is
the result of gross negligence or intent. To the extent permitted by law, Niko, its directors, employees,
agents or other representatives shall not be liable for any indirect, special, incidental or consequential
damage (e.g. loss of profit or turnover, loss of data, loss of use, repair costs, production costs, damage to
reputation or loss of customers).
3.4. Without prejudice to the application of Articles 3.1 to 3.3 and except in cases where this is not permitted by
law, the compensation owed by Niko when its liability is compromised shall never exceed the purchase price
of the Solution, on the understanding that the amount owed shall always be limited to the damage actually
suffered and demonstrable.
3.5. You shall indemnify us and defend us against all claims against Niko which originate in or arise from:
(i) your failure to comply with your obligations under these Terms and Conditions;
(ii) the observance by Niko of designs, specifications or instructions we have received from you,
(iii) the modification of (a component of) the Solution by anyone other than Niko or without our consent;
(iv) the use of the Solution in combination with other products.
3.6. The exclusions and limitations of liability included in these terms and conditions are in no way intended to
limit or exclude our liability in cases where this is not permitted by law, such as the rules governing product
liability. If the damage is due simultaneously to a defect in the Solution and to a fault or shortcoming on your
part or that of a person for whom you are responsible, Niko's liability will be limited accordingly.
4. Duration and termination
4.1. These Terms and Conditions shall apply from the first use of the Solution and shall continue to apply for as
long as you use or are in possession of the Solution, on the understanding that the Terms and Conditions
may be amended from time to time by Niko in accordance with Article 6.3 of the Terms and Conditions, and
with the exception of Articles 2, 3 and 5, which shall continue to apply after the use of the Solution.
4.2. If you violate these Terms and Conditions, Niko shall reserve the right to immediately terminate the service
and operation of your Solution as soon as the violation is detected.
5. Intellectual Property Rights
5.1. Niko shall at all times remain the exclusive and sole owner and/or licensee of all intellectual property rights
relating to the Solution and all related documents and materials. All relevant indications on any carrier
provided by Niko shall remain effective in full and unaltered.
5.2. You shall:
(i) notify us immediately in writing of any claim made by a third party against you for infringement or
alleged infringement of any intellectual or other property right of a third party in relation to the
Solution of which you are aware;
(ii) not make any admission of liability and not agree to any settlement or compromise for any claim
without our prior written consent,
(iii) immediately notify Niko in writing of any infringement of Niko's intellectual property rights of which
you become aware.
5.3. Niko will take the lead in all proceedings and/or negotiations, including those aimed at reaching an amicable
settlement, arising from any claim regarding an alleged infringement of intellectual or other property rights
relating to the Solution. You shall give Niko, at its request, all reasonable support in relation to these
negotiations and procedures.
5.4. Nothing in these Terms and Conditions shall be construed as conferring any intellectual property right from
us to you or any third party, other than the right of use granted to you under these Terms and Conditions
with regard to the Niko Software and only to the extent provided herein.
6. Other provisions
6.1. You are not permitted to license, assign or otherwise transfer your rights or obligations under these Terms
and Conditions, in whole or in part, without the prior written consent of Niko.
6.2. The invalidity, illegality or unenforceability of any of the provisions of these Terms and Conditions shall not
affect the validity, legality and enforceability of the remaining provisions of these Terms and Conditions. The
invalid or unenforceable provision shall be replaced by a provision that most closely matches the original
intent of the provision affected.
6.3. These Terms and Conditions may be modified by Niko at any time and a new version will be communicated
via your user account, the Niko app and/or Niko website. The continued use of the Solution after the new
version has been communicated will imply your unconditional acceptance thereof. If you do not agree with
the changes, you must stop using the Solution.
6.4. These Terms and Conditions and the documents referred to, if any, constitute the entire agreement between
Niko and you relating to the use of your Solution and supersede all previous agreements relating to the
same subject matter.
6.5. These Conditions are exclusively governed by Belgian law, without prejudice to your right as a consumer to
the application of the mandatory law of the place of your official residence.
6.6. Any dispute relating to these Terms and Conditions, the purchase or use of the Solution shall be settled by
the competent court of Ghent, Dendermonde division, which will have exclusive jurisdiction to hear it, without
prejudice to your right as a consumer to bring the dispute before the court of your official residence under
mandatory law.