General Terms of Use – XPR Virtual Card

1. Purpose

These General Terms of Use (the “Terms”) govern the access to and use of the mobile application “XPR Virtual Card” (the “Application”), developed and operated by XPR Group Sàrl, whose registered office is located at Rue de Neudorf 681, L-2220 Luxembourg and whose company registration number is B234480, info@xprgroup.com (“XPR”).

The Application allows authorized users to store and use virtual access cards compatible with access control systems developed by XPR. These cards may either be “Basic”, generated automatically upon installation of the Application without any guarantee of uniqueness, or “Professional”, issued and managed by the administrator of the access control system of the relevant site, in accordance with the applicable procedures.

In other words, the Application is a mobile app that turns a smartphone into an access badge. Instead of using a physical RFID card, the user presents their phone to a compatible access reader to open a door or gain access to a secured site. The smartphone thus acts as a digital key (mobile credential).

By downloading, installing, or using the Application, the user acknowledges having read these Terms and agrees to be legally bound by them.

2. License to use

Subject to compliance with these Terms, XPR grants the user a license that is (i) personal, (ii) non-exclusive, and (iii) non-transferable, allowing the user to install and use the Application on a compatible smartphone (currently from Android version 8 and iOS version 15 onwards). The Application is provided solely in object code form.

3. Download and installation

The Application may be downloaded via official mobile application distribution platforms, including App Store® and Google Play®.

The user is solely responsible for (i) downloading and installing the Application, (ii) ensuring the compatibility of their mobile device, and (iii) performing the configuration required for the proper functioning of the Application.

For this purpose, the user must follow the installation and configuration instructions available on the websites xpr-readers.com or xpr-solutions.com, as well as on the App Store® and Google Play® download platforms.

Use of the Application may require prior configuration of the access control system by the manager responsible for virtual cards (for example, the person in charge of the company’s access control system). In such cases, it is the responsibility of that system manager to provide users with the training or instructions necessary to use the Application for access to the site.
Access to and use of the Application may also be subject to the applicable terms of the relevant mobile application distribution platforms.

4. Conditions of use

The user undertakes to (i) use the Application solely for its intended purpose, (ii) protect access to their mobile device and their credentials (PIN, password, biometrics, etc.), (iii) not disclose their credentials to third parties, and (iv) where applicable, provide accurate information when registering or using the Application, for example with the relevant virtual card manager.

The user is responsible for the security of their mobile device and the protection mechanisms activated on it.

5. Intellectual property

The Application and all of its components (software, technologies, interfaces, databases, trademarks, and content) are and remain the exclusive property of XPR and its rights holders. The license granted to the user does not entail any transfer of intellectual property rights.

It is strictly prohibited to (i) modify, adapt, or translate the Application, (ii) perform reverse engineering, (iii) decompile or attempt to access the source code, or (iv) integrate the Application into other software.

XPR undertakes to defend the user against any third-party claim based on an alleged infringement of intellectual property rights related to the Application, provided that XPR is immediately informed in writing and that the alleged infringement is not attributable to the user. XPR shall retain exclusive control of the defense, while the user shall provide all reasonably required assistance.

If a final court decision establishes an infringement, or if such a risk exists, XPR may, at its discretion, either provide a non-infringing version of the Application or obtain for the user the right to continue using it.

6. Warranties

The Application is a standard software product intended for a broad audience.

XPR does not guarantee that the Application (i) will meet the specific needs of each user, nor (ii) will operate without interruption or error.

The functioning of the Application may depend in particular on (i) the smartphone model used, (ii) the version of the operating system, or (iii) the technical conditions of the site where the access readers are installed.

XPR warrants that the Application conforms to its documentation but does not guarantee that it is free from defects or that its operation will be uninterrupted. The user shall take all necessary measures to prevent or limit the consequences of any possible service interruptions or data loss. XPR will, where possible, endeavor to correct reported defects.

XPR reserves the right to modify, update, or improve the Application at any time, in particular for technical, security, or functional development reasons.

7. Liability

Use of the Application is at the sole responsibility of the user.

To the extent permitted by law, XPR shall not be held liable for damages resulting in particular from a malfunction of the smartphone or operating system, loss or alteration of data, force majeure, interruption of networks or power supply, abnormal or fraudulent use of the Application, fraudulent intrusion despite the implementation of appropriate security measures, or the nature of the data processed by the user.

Use of the Application on a rooted or jailbroken device may affect its operation and security and excludes any warranty.

To the extent permitted by applicable law, the user expressly agrees to waive any claim against the administrators, directors, employees, suppliers, and other programmers, and more generally against any person acting on behalf of XPR, that may arise from the use of the Application.

In any event, the total liability of XPR shall not exceed the amount, if any, paid by the user for the use of the Application.

8. Duration and termination

The license to use the Application is granted for an indefinite period.

XPR reserves the right to suspend or terminate access to the Application at any time, in particular in the event of (i) a breach of these Terms, (ii) misuse of the Application, or (iii) technical or security reasons.

In the event of termination, the user must cease all use of the Application.

9. Modification of the terms

XPR reserves the right to modify these Terms at any time. The modifications will enter into force upon their publication in the Application or on XPR’s website. Continued use of the Application constitutes acceptance of the modified Terms.

10. Partial invalidity

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain fully in force. Each party shall use its best efforts to agree in good faith on a valid replacement provision which, to the greatest extent possible, preserves the economic balance and the intention of the parties as reflected in the invalid or unenforceable provision.

11. Personal data

The mere downloading of the Application does not involve any collection, storage or transmission of personal data by XPR to external servers or third-party storage systems.

The Application may access Bluetooth and, where required by the operating system, location services solely to enable Bluetooth-based functionalities (e.g. detecting nearby devices and estimating proximity). This data is processed in real time on the user’s device, is not stored or shared, is not used for tracking or geolocation, and is not accessible to XPR.

Where the Application generates or uses virtual card identifiers and these are associated with a natural person within an access control system, any resulting processing of personal data, in particular in the context of access management or the logging of access events, falls solely under the responsibility of the administrator of the relevant access control system, and XPR does not intervene in such processing.

12. Applicable law and competent courts

These Terms are governed by and interpreted in accordance with the laws of Luxembourg.

To the extent permitted by law, any dispute relating to the validity, interpretation, performance, or termination of these Terms shall fall within the exclusive jurisdiction of the courts of Luxembourg City (Grand Duchy of Luxembourg), including in the event of multiple defendants or third-party proceedings.