
END USER LICENSE AGREEMENT AND TERMS OF USE
Last Reviewed: October 3, 2023
WARNING: NEVER USE ANY NOKĒ® SMART ENTRY MOBILE APP WHILE DRIVING.
END USER LICENSE AND SERVICES AGREEMENT
READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY! IT CONTAINS VERY IMPORTANT
INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND
EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION
CLAUSE. BY CLICKING ON THE “ACCEPT” BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND
ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF
THIS AGREEMENT, CLICK THE “DO NOT ACCEPT” BUTTON OR CLOSE THE MOBILE APP AND LEAVE
THE WEBSITE.
Janus International Europe Ltd. and its subsidiaries and affiliates (collectively, “Janus”) provide smart phone
application software known, generally, as Nokē® Smart Entry secured by Nokē (“Nokē® Smart Entry”), and, with
respect to the facility is located (the “Site”), and as otherwise specifically named by the Site, that permits users to
communicate with or control services and devices so as to remotely, but securely, access storage and similar facilities
as tenants.
This End User License Agreement and Terms of Use (“EULA”) is a binding legal agreement between you (the person
accepting this agreement) and Janus. This EULA should be read carefully and understood fully as it governs your
access to and use of the Nokē® Smart Entry Phone Application, including any and all software and documentation
related thereto (collectively, the “Software”). As a condition to your use of the Software, you must read and accept all
the terms and conditions in, and linked to, this EULA. Any attempt by you to modify the terms of this EULA shall be
void and of no force and effect.
Janus may collect information from you or about or related to your use of the Software. A description of Janus’s
practices, related to personal information and other data collected, are included in Janus’s Privacy Statement
(https://www.januseurope.com/privacy-policy) and processed in accordance with our data processing agreement or
similar data protection terms.
PART I
AGREEMENT TO THE TERMS
1. YOU AGREE TO THIS EULA EITHER BY (I) CHECKING THE BOX STATING, “I AGREE TO THE
LICENSE AGREEMENT AND TERMS OF USE;” AND/OR (II) ACCESSING, DOWNLOADING OR
USING THE SOFTWARE OR ANY PART THEREOF.
2. IF YOU DO NOT ACCEPT THIS EULA, YOU DO NOT HAVE A LICENSE TO, AND ARE PROHIBITED
FROM USING, THE SOFTWARE, IN WHICH CASE:
A. YOU ARE NOT PERMITTED TO INSTALL, COPY, DOWNLOAD OR OTHERWISE USE THE
SOFTWARE (OR ANY PORTION THEREOF); AND
B. YOU MUST IMMEDIATELY STOP USING OR ACCESSING THE SOFTWARE AND DELETE ALL
RELATED MOBILE APPS, DEVICE CODE AND OTHER SOFTWARE OR MATERIALS MADE
AVAILABLE TO YOU, IF ANY.
PART II
REPRESENTATIONS AND ELECTRONIC CONSENT
1. Representations. You represent and warrant that you are 18 years of age or older, authorized to enter into this
EULA, and agree to be bound to the terms hereof.
2. Electronic Signature and Consent. In accepting this EULA (by, for example, clicking on the “Agree” button),
you consent to use electronic communications, electronic records, and electronic signatures rather than paper
documents for all purposes in connection with your use of the Software.
PART III
LICENSE
1. License Granted. Subject to this EULA, Janus grants you a non-exclusive, personal, non-transferable, nonsublicensable, limited license (the “License”) to use the Software in connection with the business location where the
Nokē® Smart Entry solution is to be deployed (i.e. the Site), solely by and for your internal business operations with
your rental of and permitted access to the Site.
A. This License does not permit you to access or use the Software in connection with any unit at any facility other
than your Site, unless otherwise been granted express, written permissions for such access.
B. You agree that Janus (or, if applicable, its licensors) has and will retain all right, title, interest, and ownership in
and to the Software and all components thereof (including, but not limited to all modifications, improvements, and
derivative works thereof), including any trademarks, copyrights, patents and trade secrets and other intellectual
property and proprietary rights with respect thereto or contained therein.
C. Janus and its licensors reserve all rights and licenses not expressly granted to you.
D. Except for the License, no license is granted to you under this EULA, whether by implication, waiver, or estoppel.
E. The Software is licensed, not sold, to you for use only under this EULA. This EULA is a license and does not
constitute a contract for the sale of goods or services. This EULA shall not be governed by the United Nations
Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
2. License Fees. You acknowledge that any agreement for license fees relating to your license to the Software is a
matter between you and the Site, and Janus does not take payment from you. Janus has entered into a separate
agreement with the Site for the payment of a fee. If the Site is in breach of its agreement with Janus, Janus may
terminate its agreement with the Site and restrict your access to the Software.
3. Use of the Software; Disclaimers. The Software is designed to allow users to wirelessly access gates, man-doors,
elevators, slider doors, overhead doors, other potential access and/or storage units at the Site, as applicable. You
acknowledge and agree as follows:
A. You are solely responsible for ensuring that the Software is properly installed on a device. Janus will have no
responsibility or liability whatsoever for any failure of the Software due to your failure to properly install or update
the Software which impedes or otherwise interferes with access to the Site or impedes or otherwise adversely affects
other software or devices.
B. You are solely responsible for providing and paying for internet connectivity to operate the Software. Janus will
have no responsibility or liability for interruptions of internet connectivity, whether localized to you or Janus or
applicable to the Software as a whole.
C. The Software may automatically download and install in or on the Software certain updates and you hereby consent
to such downloading and installation without any separate notice thereof from Janus. You also agree to receive and
install such downloads.
D. You acknowledge that the Software by nature is subject to updates and amendments, and Janus may change the
Software at any time where required to make improvements or otherwise make reasonably modifications to modify,
discontinue, upgrade, add, adapt or otherwise change the Software without providing you prior notice provided that
the Software continues to function as a locking system. Janus may post descriptions of changes to the Software on its
Website. If you do not agree with any such changes, your sole and exclusive remedy is to not use the Software. Your
continued use of the Software irrevocably confirms your acceptance of, and agreement to, such changes.
E. You understand that any Software or devices connected to the internet are subject to inherent risks common to the
internet, such as hackers, viruses, and other harmful code and bad actors. Janus will have no responsibility or liability
for wrongful acts or conduct of any third party committed through use of the internet that may affect you or the
Software. The Software may not be available when the internet, your wireless connection, your mobile connection, or
your mobile device is not working properly.
Part IV
Third Party Services and Devices.
You acknowledge and agree that:
1. Any communication in connection with the Software, whether to or from a third party device or software system
that you use, shall be deemed a communication authorized by you. You agree that Janus may provide any third party
suppliers with information regarding your access to and use of the Software. Without limitation, this includes
information such as the date and time you access the Software in connection with the Sites.
2. You agree that Janus may monitor all interactions in connection with your access to and/or use of the Software.
3. Use of any device or service offered by a third party supplier in connection with the Software is subject to both this
EULA and the terms and conditions of such third party supplier.
4. The Software may be used with products or services from third party suppliers that Janus did not provide, develop,
or manufacture. To the extent permitted by law, Janus has no responsibility or liability (i) for such products or services;
(ii) the integration of the Software with such products or services; or (iii) any problems, injuries, losses, or damages
caused by or attributable to such products or services.
Part V
Limited Warranty
1. Limited Warranty; Disclaimer.
A. To the extent permitted by law, the sole warranty provided by Janus with respect to the Software during the entire
period when the License remains in effect is to use commercially reasonable efforts to correct or bypass a material
defect in the Software, as determined solely by Janus based on Janus’s then-current published specifications for the
Software, subject to this EULA (the “Limited Warranty”). The Limited Warranty does not extend to you unless you
have accepted this EULA and remain bound by this EULA. The Limited Warranty is for your benefit only and may
not be assigned to or enforced by any other person or entity. The Limited Warranty will not apply to, and Janus will
have no liability or obligation with respect to, problems or damage resulting from, but not limited to, any of the
following: (i) where not directly caused by Janus, any accident, modification, neglect, abuse, careless or incorrect
handling, misuse or improper operation, disassembly, misapplication or use in unusual physical environments or under
operating conditions not approved by Janus; (ii) problems relating to or residing in non-Janus hardware, software or
other items with which the Software is used; (iii) use in an environment, in a manner or for a purpose for which the
Software was neither designed nor in accordance with Janus’s published documentation; (iv) installation,
modification, alteration or repair by anyone other than Janus or its authorized representatives, and break-ins at the Site
unrelated to products and/or services provided by