Any user that (i) has not been appointed by Client and/or has not been authorized to become a User by both Client and AUGMENT, or (ii) who may use or have access to the App Services without the knowledge or approval of AUGMENT, or (iii) has access to or uses the App Services in any fraudulent or illegal way, shall be considered an unauthorized User and consequently shall bear all the obligations but shall have no rights under these GTU.

AUGMENT grants the User a non-exclusive, time limited, non-transferable, non-sub-licensable, revocable license to use the App Services. This License is granted to the Client and/or any representative of the Client which Client may appoint to be the authorized User with regards to the respective Facility (as defined by the Service Agreement).

The applicable GTU are those in force upon the effective access to and use of the App Services. AUGMENT reserves the right to modify the GTU at its sole discretion at any time. Any modification will be available on the WIRETWIN PRO website and app.

Except as otherwise expressly set forth in the present GTU these GTU are intended solely for the benefit of AUGMENT and the authorized User, and do not confer upon any third party the status of a third-party beneficiary.

These GTU are provided to the Client and the User with regards to the respective Facility (as defined by the Service Agreement) upon the signing of the Service Agreement and upon accessing and/or using the App Services. They are also available at any time on the WIRETWIN PRO website and app and, to the extent possible, may be sent to the Client by email upon each update.

As prior requirements for the Implementation of WIRETWIN PRO, and as per the Service Agreement, the Client shall provide AUGMENT with the required documentation regarding the authorized User which the Client has designated to be the User (name, first name and email) responsible for the Facility as appointed by the Client and approved by AUGMENT (such approval not to be unreasonably withheld). AUGMENT shall require to receive documentation only about the authorized User or Users.

Once WIRETWIN PRO is implemented, the User will access and use the App Services through their account. To register and access the Services, the authorized User must provide AUGMENT with a username and a password, along with the requested information for the registration process, in order for the authorized User’s account to be created by AUGMENT. The Client must provide complete and accurate information and will update its information to ensure it remains accurate.

WIRETWIN PRO provides the User with the tools to track, plan, manage, and report on facilities, and real property information, on a web-based interface with real-time facility information, dashboards, and a tenant portal.

It is compatible with the PRO MODULES, which are the optional extensions that supercharge WIRETWIN PRO, allowing the clients to manage, monitor, inspect and report on different areas of their building’s day-to-day activities such as, but not limited to: maintenance, cleaning, utilities, security, occupant relations, and comfort.

The App Services can be used by the User to manage, report, and inspect various areas of its Facility’s day-to-day activities.

The User shall cooperate with AUGMENT, for instance by providing feedback regarding its use of the WIRETWIN PRO.

AUGMENT shall never be liable for any special, indirect, consequential, or punitive damages, such as loss of profits, loss of chances, loss of opportunities, reputational damage, loss of anticipated sales, or loss on the account of expenditures, investments, leases or commitments in connection with the User.

In any case, AUGMENT’s liability is strictly capped to a maximum aggregate amount equivalent to 10% of the amounts effectively paid by the Client under the Service Agreement.

The User hereby agrees to defend, indemnify, release and hold harmless AUGMENT against any liability, claims, demands, damages or costs incurred or suffered by AUGMENT as a result of any negligence or omission or misconduct committed by the User.

Client shall be liable for the authorized User’s acts or activities specified above and agrees to release, indemnify, defend, and forever discharge AUGMENT from all liability, claims, demands, damages, costs, expenses, and causes of action due to death, injury, loss, or damage to the undersigned.

For any information, AUGMENT can be contacted:

By email: info@augment.lu.

The User agrees to receive communications from AUGMENT electronically, notably to inform the User of changes or potential additional services to the App Services, or for other reasonable purposes or as required by law.

The authorized User’s rights with regards to the App Services under these GTU shall start simultaneously with the beginning of the Subscription Term, are directly connected to the Subscription Term (as defined in the Service Agreement) and shall immediately terminate upon the non-renewal or termination of the License for any reason whatsoever.

User may terminate its use of the Service at any time and for whatever reason. If User wishes to have AUGMENT delete User’s personal information, User shall inform AUGMENT in writing.

AUGMENT retains the right to immediately block User’s access to the App Services and discontinue the User’s access to and use of the App Services at any time without judicial formality or prior formal notice if any of the following events occurs:

• User commits a material breach with regard to its obligations as defined in these GTU in case such a breach has been notified and remained unsolved after thirty (10) days after the notification.
• User repeatedly breaches these GTU. In such case no notifications are required.
• AUGMENT is required to do so to comply with a legal requirement or a court order.
• AUGMENT reasonably believes that User’s conduct causes harm to a user, a third party or AUGMENT.

Each Party acknowledges that no personal data related to end customers will be processed under this Agreement. The User shall provide AUGMENT with anonymized data.

Both AUGMENT and User shall comply with the provisions of the applicable data protection rules and legislation and in particular (i) the Luxembourg law of 2 August 2002 on the protection of persons with regard to the processing of personal data, as amended and as it may be modified, varied or replaced or, as the case may be, (ii) Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC and (iii) any related Luxembourg regulations as for the personal data processed for the performance of the Agreement (e.g. name of the employees, their emails).

Both User and AUGMENT have obligations with respect to the security of the App Services.

AUGMENT will implement and maintain appropriate technical and organizational security measures.

User is responsible for properly configuring and using the WIRETWIN PRO and taking the steps to maintain appropriate security. The User is solely responsible for any and all use of or activity under its account, including, without limitation, use of the account by any person with or without authorization, or access to any computer on which the User’s account is located or accessed.

User agrees to accept responsibility for all activities that occur under its account, whether or not authorized by the Client, and regardless if these activities were undertaken by the User, the Client, their employees or a third party. Any connection made with the username and password is presumed to be made by the User or its employee. The User agrees to notify AUGMENT immediately of any unauthorized use of its account, username or password, or if the User’s account information has been lost or stolen.

The User is responsible for maintaining the confidentiality of its account username and password, and for restricting access to its account. The Client may not share its password or other account access information with any third party, either temporarily or permanently.

AUGMENT provides the App Services and is the proprietor of all rights in and to the App Services.

The User acknowledges that all intellectual property belonging to or delivered by AUGMENT, which may be disclosed or used for the purposes of these GTU at all times, belong to AUGMENT.

AUGMENT retains all right, title and interest in and to the App Services and any portion thereof, including, without limitation, all copyrights; trademarks; patents; trade secrets; databases (as defined in Chapter III of Directive 96/9/EC of the European Parliament and of the Council on the legal protection of databases and transposed by the Luxembourg law of 18 April 2001 on copyright, related rights and databases, as amended); and other intellectual property rights. The Client shall not take any action to impair, limit or interfere in any way with AUGMENT’s property and rights in the App Services. Unless otherwise stated, all rights are reserved.

AUGMENT makes no representations or warranties that the App Services are completely free of defects, errors and bugs, such as downtime, lost data, corrupted data, service delays, errors, outdated information, etc.

The User acknowledges that AUGMENT has no control over the User’s use of the App Services. AUGMENT does not guarantee the performance or results that may be obtained from the User’s use of the App Services. The Client assumes all risk and responsibility for its use of the services. AUGMENT does not warrant or represent that the App Services will be available for the Client’s access or use, or that the operation of the App Services will be error-free or uninterrupted.

The WIRETWIN PRO is provided "as is" and with all faults. AUGMENT makes no representations or warranties of any kind about the completeness, accuracy, adequacy, suitability, functionality, availability or operation of the WIRETWIN PRO. AUGMENT may also impose limits on the use of or access to the WIRETWIN PRO for any reason and without notice or liability. The WIRETWIN PRO may be unavailable from time to time due to human, digital, mechanical, telecommunications, software and other failures.

The User’s access to and use of the WIRETWIN PRO is subject to these GTU and the applicable laws and regulations. There are certain types of conduct that are strictly prohibited on the App Services. Any failure by the User to comply with the provisions set forth below, may result in the termination of User’s access to and use of the App Services and may also expose the User to civil and/or criminal liability. AUGMENT reserves the right, at any time, at its sole discretion to terminate User’s accounts and block its access to the WIRETWIN PRO in accordance with these GTU and applicable laws.

The User agrees not to access or use, or assist, encourage or allow others (or through any other means) to access or use the WIRETWIN PRO for any illegal, unlawful, criminal or fraudulent activity, including, but not limited to:

• the violation, infringement or misappropriation of the intellectual property, privacy or other legal rights of others;
• licensing, sublicensing, selling, transferring, distributing or commercially exploiting or making available to any third party the WIRETWIN PRO, or the access to or use of the App Services in any way;
• using, modifying, adapting or copying ideas, features, functions or graphics from the WIRETWIN PRO or portions thereof;
• de-compiling, disassembling, reverse engineering or accessing the source code by any means;
• attempting to gain unauthorized access to the App Services, user accounts, computer systems or networks connected to the WIRETWIN PRO through hacking, password mining, brute force or any other means;
• violating general ethics or moral standards, good standards of fair conduct;
• using the WIRETWIN PRO or the access to or use of the App Services for anything other than lawfully and for its intended purpose;
• violating or circumventing these GTU in any way;
• interfering with or violating any third party or other user’s right to privacy;
• transmitting or injecting malware.

In the event any of the aforementioned events occurs, AUGMENT reserves the right to refuse to provide the Services, suspend User’s accounts or limit User’s access to WIRETWIN PRO at its sole discretion.

Neither AUGMENT nor any of its employees shall be liable for any damages (such as a loss of data or loss of profit) arising out of or in any way connected with these GTU or the use or inability to use the WIRETWIN PRO.

For each damage, AUGMENT’s liability shall not exceed the total of subscription fees paid each year to AUGMENT by the Client. However, none of the limitations contained herein as regards AUGMENT’s liability shall apply in case of fraud (“dol”), willful misconduct (“faute dolosive”) or gross negligence (“faute lourde”) by AUGMENT.

Notwithstanding any provisions to the contrary, AUGMENT will not be responsible or liable for any delay or failure to perform due to unforeseen circumstances or causes beyond AUGMENT’s reasonable control, including, without limitation, failures of the Client’s telecommunications or internet service providers, acts of God, earthquakes, fires, floods, embargoes, labor disputes and strikes, riots, war, new product manufacturing or other unforeseen product development problems, and acts of civil and military authorities.

AUGMENT reserves the right to change and update these GTU at its sole discretion, at any time, for any reason and without incurring any liability.

AUGMENT also reserves the right to change or update the WIRETWIN PRO content at its sole discretion at any time, for any reason, and without notice or incurring any liability. AUGMENT may also suspend the WIRETWIN PRO entirely, in which case AUGMENT will notify the Client at least thirty (30) days prior, unless extenuating circumstances, such as safety or security concerns, prevent AUGMENT from doing so.

If any provision of the GTU is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary to keep these GTU in full force and effect.

These GTU of use of the WIRETWIN PRO comprise the entire understanding between AUGMENT and the User in relation with the subject matter of these GTU. The fact that AUGMENT does not rely at a given time of any of the clauses of these GTU shall not constitute a waiver of the right to rely on these same clauses at a later date.

These GTU and any dispute or non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with Luxembourg law.

Both User and AUGMENT hereby submit to the exclusive jurisdiction of the courts of Luxembourg-city over any dispute arising out of or in connection with these GTU (including as to its validity, interpretation, termination and post-termination obligations, as well as any non-contractual obligations relating to these GTU).

Any user that (i) has not been appointed by Client and/or has not been authorized to become a User by both Client and AUGMENT, or (ii) who may use or have access to the App Services without the knowledge or approval of AUGMENT, or (iii) has access to or uses the App Services in any fraudulent or illegal way, shall be considered an unauthorized User and consequently shall bear all the obligations but shall have no rights under these GTU.

AUGMENT grants the User a non-exclusive, time limited, non-transferable, non-sub-licensable, revocable license to use the App Services. This License is granted to the Client and/or any representative of the Client which Client may appoint to be the authorized User with regards to the respective Facility (as defined by the Service Agreement).

The applicable GTU are those in force upon the effective access to and use of the App Services. AUGMENT reserves the right to modify the GTU at its sole discretion at any time. Any modification will be available on the WIRETWIN LITE website and app.

Except as otherwise expressly set forth in the present GTU these GTU are intended solely for the benefit of AUGMENT and the authorized User, and do not confer upon any third party the status of a third-party beneficiary.

These GTU are provided to the Client and the User with regards to the respective Facility (as defined by the Service Agreement) upon the signing of the Service Agreement and upon accessing and/or using the App Services. They are also available at any time on the WIRETWIN LITE website and app and, to the extent possible, may be sent to the Client by email upon each update.

As prior requirements for the Implementation of WIRETWIN LITE, and as per the Service Agreement, the Client shall provide AUGMENT with the required documentation regarding the authorized User which the Client has designated to be the User (name, first name and email) responsible for the Facility as appointed by the Client and approved by AUGMENT (such approval not to be unreasonably withheld). AUGMENT shall require to receive documentation only about the authorized User or Users.

Once WIRETWIN LITE is implemented, the User will access and use the App Services through their account. To register and access the Services, the authorized User must provide AUGMENT with a username and a password, along with the requested information for the registration process, in order for the authorized User’s account to be created by AUGMENT. The Client must provide complete and accurate information and will update its information to ensure it remains accurate.

WIRETWIN LITE provides the User with the tools to track, plan, manage, and report on facilities, and real property information, on a web-based interface with real-time facility information, dashboards, and a tenant portal.

It is compatible with the LITE MODULES, which are the optional extensions that supercharge WIRETWIN LITE, allowing the clients to manage, monitor, inspect and report on different areas of their building’s day-to-day activities such as, but not limited to: maintenance, cleaning, utilities, security, occupant relations, and comfort.

The App Services can be used by the User to manage, report, and inspect various areas of its Facility’s day-to-day activities.

The User shall cooperate with AUGMENT, for instance by providing feedback regarding its use of the WIRETWIN LITE.

AUGMENT shall never be liable for any special, indirect, consequential, or punitive damages, such as loss of profits, loss of chances, loss of opportunities, reputational damage, loss of anticipated sales, or loss on the account of expenditures, investments, leases or commitments in connection with the User.

In any case, AUGMENT’s liability is strictly capped to a maximum aggregate amount equivalent to 10% of the amounts effectively paid by the Client under the Service Agreement.

The User hereby agrees to defend, indemnify, release and hold harmless AUGMENT against any liability, claims, demands, damages or costs incurred or suffered by AUGMENT as a result of any negligence or omission or misconduct committed by the User.

Client shall be liable for the authorized User’s acts or activities specified above and agrees to release, indemnify, defend, and forever discharge AUGMENT from all liability, claims, demands, damages, costs, expenses, and causes of action due to death, injury, loss, or damage to the undersigned.

For any information, AUGMENT can be contacted:

By email: info@augment.lu.

The User agrees to receive communications from AUGMENT electronically, notably to inform the User of changes or potential additional services to the App Services, or for other reasonable purposes or as required by law.

The authorized User’s rights with regards to the App Services under these GTU shall start simultaneously with the beginning of the Subscription Term, are directly connected to the Subscription Term (as defined in the Service Agreement) and shall immediately terminate upon the non-renewal or termination of the License for any reason whatsoever.

User may terminate its use of the Service at any time and for whatever reason. If User wishes to have AUGMENT delete User’s personal information, User shall inform AUGMENT in writing.

AUGMENT retains the right to immediately block User’s access to the App Services and discontinue the User’s access to and use of the App Services at any time without judicial formality or prior formal notice if any of the following events occurs:

• User commits a material breach with regard to its obligations as defined in these GTU in case such a breach has been notified and remained unsolved after thirty (10) days after the notification.
• User repeatedly breaches these GTU. In such case no notifications are required.
• AUGMENT is required to do so to comply with a legal requirement or a court order.
• AUGMENT reasonably believes that User’s conduct causes harm to a user, a third party or AUGMENT.

Each Party acknowledges that no personal data related to end customers will be processed under this Agreement. The User shall provide AUGMENT with anonymized data.

Both AUGMENT and User shall comply with the provisions of the applicable data protection rules and legislation and in particular (i) the Luxembourg law of 2 August 2002 on the protection of persons with regard to the processing of personal data, as amended and as it may be modified, varied or replaced or, as the case may be, (ii) Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC and (iii) any related Luxembourg regulations as for the personal data processed for the performance of the Agreement (e.g. name of the employees, their emails).

Both User and AUGMENT have obligations with respect to the security of the App Services.

AUGMENT will implement and maintain appropriate technical and organizational security measures.

User is responsible for properly configuring and using the WIRETWIN LITE and taking the steps to maintain appropriate security. The User is solely responsible for any and all use of or activity under its account, including, without limitation, use of the account by any person with or without authorization, or access to any computer on which the User’s account is located or accessed.

User agrees to accept responsibility for all activities that occur under its account, whether or not authorized by the Client, and regardless if these activities were undertaken by the User, the Client, their employees or a third party. Any connection made with the username and password is presumed to be made by the User or its employee. The User agrees to notify AUGMENT immediately of any unauthorized use of its account, username or password, or if the User’s account information has been lost or stolen.

The User is responsible for maintaining the confidentiality of its account username and password, and for restricting access to its account. The Client may not share its password or other account access information with any third party, either temporarily or permanently.

AUGMENT provides the App Services and is the proprietor of all rights in and to the App Services.

The User acknowledges that all intellectual property belonging to or delivered by AUGMENT, which may be disclosed or used for the purposes of these GTU at all times, belong to AUGMENT.

AUGMENT retains all right, title and interest in and to the App Services and any portion thereof, including, without limitation, all copyrights; trademarks; patents; trade secrets; databases (as defined in Chapter III of Directive 96/9/EC of the European Parliament and of the Council on the legal protection of databases and transposed by the Luxembourg law of 18 April 2001 on copyright, related rights and databases, as amended); and other intellectual property rights. The Client shall not take any action to impair, limit or interfere in any way with AUGMENT’s property and rights in the App Services. Unless otherwise stated, all rights are reserved.

AUGMENT makes no representations or warranties that the App Services are completely free of defects, errors and bugs, such as downtime, lost data, corrupted data, service delays, errors, outdated information, etc.

The User acknowledges that AUGMENT has no control over the User’s use of the App Services. AUGMENT does not guarantee the performance or results that may be obtained from the User’s use of the App Services. The Client assumes all risk and responsibility for its use of the services. AUGMENT does not warrant or represent that the App Services will be available for the Client’s access or use, or that the operation of the App Services will be error-free or uninterrupted.

The WIRETWIN LITE is provided "as is" and with all faults. AUGMENT makes no representations or warranties of any kind about the completeness, accuracy, adequacy, suitability, functionality, availability or operation of the WIRETWIN LITE. AUGMENT may also impose limits on the use of or access to the WIRETWIN LITE for any reason and without notice or liability. The WIRETWIN LITE may be unavailable from time to time due to human, digital, mechanical, telecommunications, software and other failures.

The User’s access to and use of the WIRETWIN LITE is subject to these GTU and the applicable laws and regulations. There are certain types of conduct that are strictly prohibited on the App Services. Any failure by the User to comply with the provisions set forth below, may result in the termination of User’s access to and use of the App Services and may also expose the User to civil and/or criminal liability. AUGMENT reserves the right, at any time, at its sole discretion to terminate User’s accounts and block its access to the WIRETWIN LITE in accordance with these GTU and applicable laws.

The User agrees not to access or use, or assist, encourage or allow others (or through any other means) to access or use the WIRETWIN LITE for any illegal, unlawful, criminal or fraudulent activity, including, but not limited to:

• the violation, infringement or misappropriation of the intellectual property, privacy or other legal rights of others;
• licensing, sublicensing, selling, transferring, distributing or commercially exploiting or making available to any third party the WIRETWIN LITE, or the access to or use of the App Services in any way;
• using, modifying, adapting or copying ideas, features, functions or graphics from the WIRETWIN LITE or portions thereof;
• de-compiling, disassembling, reverse engineering or accessing the source code by any means;
• attempting to gain unauthorized access to the App Services, user accounts, computer systems or networks connected to the WIRETWIN LITE through hacking, password mining, brute force or any other means;
• violating general ethics or moral standards, good standards of fair conduct;
• using the WIRETWIN LITE or the access to or use of the App Services for anything other than lawfully and for its intended purpose;
• violating or circumventing these GTU in any way;
• interfering with or violating any third party or other user’s right to privacy;
• transmitting or injecting malware.

In the event any of the aforementioned events occurs, AUGMENT reserves the right to refuse to provide the Services, suspend User’s accounts or limit User’s access to WIRETWIN LITE at its sole discretion.

Neither AUGMENT nor any of its employees shall be liable for any damages (such as a loss of data or loss of profit) arising out of or in any way connected with these GTU or the use or inability to use the WIRETWIN LITE.

For each damage, AUGMENT’s liability shall not exceed the total of subscription fees paid each year to AUGMENT by the Client. However, none of the limitations contained herein as regards AUGMENT’s liability shall apply in case of fraud (“dol”), willful misconduct (“faute dolosive”) or gross negligence (“faute lourde”) by AUGMENT.

Notwithstanding any provisions to the contrary, AUGMENT will not be responsible or liable for any delay or failure to perform due to unforeseen circumstances or causes beyond AUGMENT’s reasonable control, including, without limitation, failures of the Client’s telecommunications or internet service providers, acts of God, earthquakes, fires, floods, embargoes, labor disputes and strikes, riots, war, new product manufacturing or other unforeseen product development problems, and acts of civil and military authorities.

AUGMENT reserves the right to change and update these GTU at its sole discretion, at any time, for any reason and without incurring any liability.

AUGMENT also reserves the right to change or update the WIRETWIN LITE content at its sole discretion at any time, for any reason, and without notice or incurring any liability. AUGMENT may also suspend the WIRETWIN LITE entirely, in which case AUGMENT will notify the Client at least thirty (30) days prior, unless extenuating circumstances, such as safety or security concerns, prevent AUGMENT from doing so.

If any provision of the GTU is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary to keep these GTU in full force and effect.

These GTU of use of the WIRETWIN LITE comprise the entire understanding between AUGMENT and the User in relation with the subject matter of these GTU. The fact that AUGMENT does not rely at a given time of any of the clauses of these GTU shall not constitute a waiver of the right to rely on these same clauses at a later date.

These GTU and any dispute or non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with Luxembourg law.

Both User and AUGMENT hereby submit to the exclusive jurisdiction of the courts of Luxembourg-city over any dispute arising out of or in connection with these GTU (including as to its validity, interpretation, termination and post-termination obligations, as well as any non-contractual obligations relating to these GTU).