Blue App

Blue by Fermax Mobile Application Terms and Conditions

 

1.General

Blue by Fermax (hereinafter "the App") is the call forwarding application of DUOX, the fully digital, non-polarised, 2-wire video door entry system created by Fermax Electrónica, S.A.U. (hereinafter, "Fermax"); company registered at Avenida Tres Cruces 133, 46017 Valencia (Spain), holder of CIF A46036554. Downloading and using the App confers the status of User of the App (hereinafter, the "User") and implies full and unreserved acceptance of these Terms and Conditions of its use (hereinafter, the "General Conditions") and our Privacy Policy. Fermax therefore recommends that Users carefully read these Terms and Conditions and the Privacy Policy before installing or using the App. If you have any questions about the App or these Terms and Conditions, please contact Fermax at privacidad@fermax.com.

 

2.Definition of keywords

The Blue "Call Divert Service" from Fermax allows you to remain constantly connected to your Fermax video door system at home via a mobile application.

"Fermax" is the company that offers the Call Forwarding Service to the User.

"License" is the User's identification code, made up of a series of pseudo-random alphanumeric characters, which unequivocally identifies the User when authenticated against the Call Divert Service.

"DUOX" is the fully digital 2-wire non-polarised video door entry system installed at the User's residence.

"Blue by Fermax" is a free application that is now available for iOS and Android on Apple Store and Google Play, respectively.

"Material" means all textual or multimedia information (video messages, texts, music, sound effects, photographs and graphics), the selection and arrangement thereof, as well as the source code, software compilations and other material contained in or available through the App.

"Privacy Policy" is Fermax's data protection and privacy policy, accessible from https://www.fermax.com/legal/.

"Trademarks" are the trademarks, service marks and logos included in the App owned by Fermax or its group companies.

"User" is the person who intends to use the service and accepts these General Conditions. "User Receiver Unit" is the internal audio/video unit of DUOX (monitor).

"Visitor Call Unit" is the external DUOX call unit (panel).

"SLA" is the Service Level Agreement between the service provider (Fermax) and the end user (the user that has the Blue App installed on their device with a paired User Receiver Unit).

 

3.App Blue by Fermax

The App allows you to use the Call Divert Service to remotely control your entrance door from the portal and to receive calls remotely from anywhere in the world.

The Call Divert Service can only be accessed using a valid account registered with FERMAX, which requires for its operation the collection of certain information on the use of the device. The Call Divert Service consists of:

1. Notification of remote calls.
2. Audio and video (or audio only) communication between the panel and your mobile device.
3. Remote door opening function.
4. Additional services such as relay activation or concierge call.

Minimum version 10 is required for Android and 13 for iOS.

 

4.The Blue by Fermax service

All the necessary hardware and software infrastructure to provide the end user with the Call Divert Service.

To the extent that the monitor and App are connected to the Internet, technical information about your video door entry system, including IP address, monitor identifier, mobile phone model, software version, will be collected and sent to Fermax. This information is used by Fermax to identify the technical attributes of the system, and to ensure that your system has the latest security and stability patches to ensure the safe provision of the service.

By downloading the app and connecting your monitor to the Internet you grant us permission to download and install the corresponding updates when appropriate.
Fermax monitors provide the ability to automatically capture photos of calls to the video door entry system (photocaller function). If the user activates this function either through the app or through their WIFI monitor, the images of the calls will be stored in the monitor and these can be consulted from the app itself through the call log. The calls (and the pictures viewed) will automatically disappear from the app's call log after 30 days. Call logs and photos are therefore not retained beyond 30 days.

In case the User wishes to avoid the automatic collection of information, they can request the cancellation of the service through the App (account deletion) or deactivate the Internet connectivity in the monitor.

5.Consent for data collection/use by Fermax

You agree that Fermax Group companies collect and use technical information about the use of the service, for the purposes of providing the service itself. All information collected will be conveniently anonymised and treated with the utmost confidentiality.

Fermax will not use the personal data of Users for any purpose other than those expressly stated in this Privacy Policy unless it is a purpose which has been expressly permitted, is required by applicable law or in cases where Fermax has previously obtained the due consent of Users.

6.Account and Personal Information

To use and purchase the service, you must register a Service User account. This requires Fermax to collect a minimum of personal information from the User: email address and date of registration. The User agrees that Fermax may use such personal information in accordance with the provisions of the RGPD, in accordance with Fermax's online Privacy Policy accessible from https://www.fermax.com/legal/

To access the personal information Fermax has about you, you can send your request to privacidad@fermax.com

Likewise, the User must maintain the confidentiality of the password of his service account, agreeing to notify Fermax as soon as possible of any unauthorised use of his/her password or any other breach of security related to the service.

If the user so wishes, he can delete his account and the stored and collected data will be deleted.

7.Proprietary Rights and License for Use

Copyright, database rights, and other intellectual property rights in all Material and Trademarks included in or available through the App are owned or licensed by Fermax or its group companies. All rights reserved. Fermax hereby grants you an international, non-exclusive, royalty-free, revocable license to use the App for your business and personal use in accordance with these Terms and Conditions.

You may view, print or download extracts of the Material for your personal use, but you may not copy, edit, change, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form or otherwise use the Material without the express consent of Fermax.

You may not use, copy, edit, change, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trademarks without the prior written consent of Fermax Group.

8.General Conditions of Use

These Terms and Conditions constitute the entire agreement between you and Fermax regarding the use of the App. The App is made available to you free of charge for your personal use and may not be used for any commercial purpose, or for any unlawful or unauthorised purpose.

You agree that the terms of the agreement with your respective mobile network provider will continue to apply when you use the App. Therefore, the mobile network provider may charge you for access to network connection services during the connection when accessing the App or any other third-party charges that may arise. You assume responsibility for such charges if they arise.

Fermax reserves the right to modify or revoke the App, as well as the power to revise, modify or update these Terms and Conditions at any time, in which case it will duly inform Users of such change so that they can accept the new terms and conditions.

9.Code of Conduct

When using the App you must comply with all local regulations of your country of residence, any other applicable international laws and these Terms and Conditions.

In particular, and without being exhaustive, it does not accept:

1. Using the App illegitimately or in a way that encourages illegal activity, including, but not limited to, copyright infringement.
2. Attempting to gain unauthorised access to the App or any networks, servers, or computer systems connected to the App.
3. Modifying, adapting, translating or reverse engineering any part of the App, or reformatting or framing any part of the pages comprising the App, except to the extent expressly permitted by these Terms and Conditions or applicable law.
4. Allowing third parties on your behalf to: i) make and distribute copies of the App; ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, or translate the App; or iii) create derivative works of any kind from the App.

You agree to indemnify Fermax in full upon request for any losses, damages, costs or expenses you suffer or incur directly or indirectly as a result of using the App in any way that is not in accordance with these Terms and Conditions or applicable law.

10.Quality of Service

In order to use the Call Forwarding Service, the User must have a Fermax User Receiver Unit compatible with DUOX Blue technology at home, wireless access to the Internet router and an Internet connection.

The quality of the Blue by Fermax service may depend on:

1. The smartphone or tablet model in which the App is used.
2. The quality of the Internet signal received both by the user's receiving unit (the Fermax monitor) and by the user's smartphone or tablet.
3. The type of Internet access contract in your home or business.
4. The data contract type of your smartphone.
5. Other non-Blue services such as Google and Apple push notification servers and Microsoft Azure cloud storage servers.

The Fermax group will not assume any responsibility for the unavailability of the App, nor for any difficulty or impossibility of downloading or accessing content, or any other failure of the communication system that may result from reasons beyond the control of Fermax.

In any event, Fermax reserves the right to suspend or cease providing any service related to the App, with or without notice, and will not be liable to you if you choose to do so.

 

11.Service Level Agreement

Fermax will make every effort to ensure that the necessary infrastructure for providing the Call Divert Service is available 90% of the time throughout the month (up to 72 hours of inactivity per month). To this end, Fermax will provide the necessary patches and updates on regular basis to ensure availability of the Service.

Fermax will provide Technical Support to end user customers, should they encounter any problem with the Service. To contact Technical Support, customers can send an email describing their problem to blue.support@fermax.com. The problem will be received and analysed by our Support Centre.

The Support Centre is available during office hours (CET) from Monday to Friday (excluding public holidays), as detailed in the attached table. The Support Centre uses a help platform to log the details of the problem reported by the Customer.

 

Support opening hours
Email support   * Excluding Saturdays, Sundays and public holidays	Monday to Thursday: 9am to 6pm.   Friday: 9am to 3pm.   Email: blue.support@fermax.com

 

Fermax will respond as follows:

- Severity Level 1 (Low priority): The problem has produced a situation causing secondary functionality to not work as expected, or to cease working entirely, but the key functionality of the service is still working, so the user barely notices the problem or it does not have a major impact.

 

RESPONSE: FERMAX will make every effort to resolve Level 1 problems next time it performs maintenance (normally once a year).

 

- Severity Level 2: (Medium priority): An abnormal situation has arisen where the performance (performance or response) of the Service under reasonable loads has declined to such an extent that there is a severe impact on usage; the Service is usable, even though one or more major functions or commands are not functioning properly; or usage is otherwise significantly impacted.

 

RESPONSE: The user will receive a response from a qualified member of the Technical Support staff at FERMAX to begin diagnosing and resolving a Level 2 problem as soon as reasonably possible, but in any event, the user will receive a response by email within three working days (72h). FERMAX will make every effort to resolve Level 2 problems within the following quarter.

 

- Severity Level 3 (High priority): An emergency situation has arisen which makes the Service unusable, produces incorrect results, malfunctions catastrophically or affects more than 10% of users.

 

RESPONSE: The user will receive a response from a qualified member of staff at FERMAX to begin diagnosing and resolving a Level 3 problem as soon as reasonably possible, but in any event, the user will receive a response by email within twenty-four (24) working hours. FERMAX will make every effort to resolve Level 3 problems in less than two (2) working days.

 

Fermax will not assume any responsibility for downtime or failure of the Service in the event of a network error, the use of third-party hosting infrastructure, obsolete versions of mobile devices or Android /iOS systems, failure of external services (Azure, Amazon, Google Firebase, Apple Push Notification Service, etc.), a cable or wireless connection fault, or any other instance which is outside of Fermax's control.

 

Fermax will under no circumstances assume any responsibility for unavailability of the Service or a breach of the SLA.

 

12. Vulnerability disclosure policy

Fermax has a process in place assess the cybernetic safety of your connected product on a continual basis, as part of its life cycle. This assessment takes into account industry best practices and recommendations, such as OSSTMM (Open Source Security Testing Methodology Manual), IoT Security Foundation and OWASP (Open Web Application Security Project) guidelines, as well as the SANS Institute's GIAC Penetration Testing specific methodology for testing for intrusion, and includes the review of specifications, design, functionality and other information for the purposes of:

• Ensuring compliance with applicable security policies and recommendations.
• Identifying potential threats or cases of abuse related to the logical security of the equipment or the development, manufacturing and maintenance processes.
• Detecting potential security flaws that could allow a hacker to interfere with legitimate processes or procedures.
• Identifying planned countermeasures to mitigate vulnerabilities.
• Reinforcing the password policy.
• Guaranteeing the security of communications.
• Safeguarding the storage of sensitive information.
• Improving availability of services.

 

If you identify any vulnerability, please do not hesitate to contact our Technical Support Department by email at blue.support@fermax.com

13.App Advertisers

Fermax will not assume any responsibility for the advertisements published in the App. If you agree to purchase goods or services from any third party advertised in the App, you do so at your own risk. The advertiser, and not Fermax, will be responsible for such goods or services and if you have any queries or complaints regarding them, your only resort will be against the advertiser.

14.Limitation of liability

In no event shall Fermax be liable for any direct, indirect, special, punitive, exemplary or consequential damages or losses of any kind arising from your use of or access to the App, including loss of profits or the like, whether or not foreseen by the parties, and whether based on breach of contract or tort (including negligence), product liability or otherwise.

Fermax shall not be liable to you for any damage to or alteration of your equipment, including, but not limited to, computer equipment, portable devices or mobile phones as a result of the installation or use of the App.

15.Dissociability

If any provision of these Terms and Conditions is held by an invalid or unenforceable court of competent jurisdiction, it shall be construed as nearly as possible to reflect the intentions of the parties, as reflected in the provision, and all other provisions shall remain in full force and effect.

16.Non-waiver

Fermax's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and accepted in writing by Fermax.

17.Applicable Legislation and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with Spanish law and you agree to be subject to the exclusive jurisdiction of the Spanish courts.

 

18. What if we change these terms?

We may need to change these terms and conditions. Your continued use of the product or service after the effective date of such update constitutes your acceptance of such changes. To make your review more convenient, we will post an effective date for the last changes at the bottom of the page.

Last update on July 2023.