Limitations of Liability and Availability of the Service

Courtesy translation. In case of discrepancy, the Italian text prevails.

This document says three things, in this order: what the BGates Service depends on, what we are liable for and what you are liable for, and what no contract can limit, even if you sign it.

It is not a page of generic disclaimers. It is the allocation of risk for a service that opens an Entrance: when it does not open, someone is left outside, and this document serves to know in advance who is liable for what.

It concerns the GT PRO 4G model and the related Service. It does not concern the earlier models that work by SMS messages only, nor the Bluetooth channel.

We do not ask you to tick any box for this page. These rules are part of the Terms and Conditions of Use (/termini), which you accept the first time you sign in: section 13 of the Terms contains the essential clauses, and the full text is here. If you are a business customer, some clauses take effect only if you specifically approve them with the separate tick box described in point 9.3: which clauses these are, for all the Service documents, is written once only in section 19 of the Terms of Use, and point 9.3 says which of those clauses are here.

1. How to read this document

First thing to know: not all the rules apply to everyone.

Second thing: this document does not create new obligations for you. The practical obligations — changing the Device password, revoking numbers, keeping watch over QR codes — are in the Account Security Rules (/sicurezza-account). This document says what happens when they are not complied with.

Third thing: where to find the rest.

2. What the Service depends on

This section describes the service provided: it is what you have bought and what you have not bought. It is not a limitation of liability, and must not be read as one.

For an opening request to reach the Device and for the Entrance to move, eight things must work, all together. Seven of them are not in our hands.

In addition there are the suppliers involved in individual features: Meta Platforms Ireland Limited for Invites on WhatsApp, Commify Italia S.r.l. (Skebby brand) for fallback SMS, Stripe Payments Europe, Limited for payments, Google LLC, Mozilla Corporation and Apple Inc. for delivering notifications. If one of them does not work, the part of the Service that goes through it does not work. The complete list, with the role of each, is at /fornitori.

2.1 What continues to work when there is no connection

The Device keeps inside it the list of Authorised Numbers, with their days, time slots and expiry dates. That is why whoever calls from an Authorised Number can open even when the Device is not connected to our systems, provided there is a signal to receive the call.

Without a connection, on the other hand, the following do not work: opening from the app and from the Private Area, sending new Authorised Numbers and revocations to the Device, the Opening Log updated in real time, notifications, Invites.

A revocation takes effect on the Device only when the Device receives it. While it is disconnected, a number that you have revoked in the Private Area can still open. That is why revocation must be done straight away and must be checked: the instructions are in /sicurezza-account.

2.2 The Service is not a security system or an emergency system

The Service is not a security system or an emergency system. It does not replace a key, a remote control or another way of opening the Entrance: always keep an alternative means of access. It does not watch over the Entrance, it does not alert anyone, it does not replace an alarm system and it is not designed for situations in which a failed opening puts someone in danger.

If your Entrance gives access to a place in which a person may be shut in, or from which they must be able to get out in an emergency, the way out must work without the Service. This is not a piece of advice: it is a condition of use.

2.3 Where our software ends and the Entrance begins

BGates does not design, manufacture or install the Entrance's automation. The Service sends a command pulse: it does not replace the safety devices of the automation — safety edges, photocells, obstacle detection, emergency operation — and does not check that they work.

The conformity of the automation with the applicable standards, in particular EN 12453:2017+A1:2021 and EN 13241:2003+A2:2016 as published in Implementing Decision (EU) 2023/1586, its installation and its maintenance remain the responsibility of whoever manufactures it, whoever installs it and whoever maintains it.

Every opening arises from a command: the Service does not open anything by itself.

3. Availability of the Service: no guaranteed level

We do not promise that the Service will be uninterrupted, timely or error-free. We do what we can to make it so, and we take responsibility for it within the limits of section 6, but we do not sell a guaranteed service level.

The indicative target we set ourselves for the availability of remote opening is 99 %, calculated on a monthly basis and excluding the scheduled maintenance windows in section 4 and the cases in section 8.

This target is not a contractual commitment: it is the internal objective we set ourselves and that you can use to understand what to expect. It does not, by itself, give any right to refunds, penalties or compensation.

A guaranteed service level, with penalties, exists only if we have entered into it with you in a separate, signed agreement. Without that agreement, it does not exist: no commercial page, no email and no screen can take its place.

The Service is currently provided from a single infrastructure, with no duplication in a second data centre. We say this because it changes what it is reasonable to expect: a serious failure of the infrastructure interrupts the Service until it is repaired, and during that period the Entrance can still be opened with the physical means available to you.

4. Scheduled maintenance and updates

4.1 Scheduled maintenance

We work periodically on our systems to update and repair them. During a scheduled intervention, remote opening and the Private Area may not be available.

• We notify you in advance, at least 3 days beforehand, by email to your Account's address and with a notice in the Private Area.
• Scheduled interventions normally take place in the time slot 02:00–06:00, Italian time, chosen because it is the one with the fewest openings.
• The notice says when it starts, how long it should last and what will not work in the meantime.

Without notice we intervene only when the intervention is necessary for the security of the Service or of the data, or to repair a fault in progress. In that case we notify you as soon as possible, and in any case afterwards.

4.2 Device updates

We update the Device software remotely. During an update the Device does not execute commands for a few minutes: this is a declared window, not a fault. If the update fails, it is repeated automatically; the Device continues to work with the previous version.

Updates, including security updates, are provided and notified to you for the period stated in the Terms of Sale: 5 years from the date of purchase of the Device, for the Device firmware and for the Service. This obligation does not depend on the Plan and cannot be reduced by contract.

If you do not install an update of which we have informed you, giving you adequate instructions, we are not liable for the defects resulting from the failure to install it.

4.3 Changes to the Service

We may change the Service beyond what is needed to keep it in conformity only for a valid reason — technical adaptation, security, a change in a supplier's conditions, legislative developments — at no additional cost to you, informing you clearly and in advance.

If you are a Consumer and the change adversely affects your access to or use of the Service, you may terminate free of charge within thirty days of the notification or of the time the change takes effect, if later. You cannot do so if the impact is minor or if we allow you, at no cost, to keep the unmodified version.

5. Who is liable for what: the overall picture

Four parties, each liable for what lies within its control.

When the damage arises from the combined conduct of several parties, each is liable within the limits of its own contribution. If your conduct contributed to causing the damage, compensation is reduced; if the damage could have been avoided with ordinary diligence — for example by using the alternative means of access you must keep — it is not owed (Art. 1227 of the Codice civile (Italian Civil Code)).

6. What we are liable for

6.1 The rule

We are liable for failure to perform the obligations that the Terms and this document place on us, in accordance with the rules of the Italian Civil Code: we are not liable if we prove that the failure to perform or the delay was caused by impossibility of performance arising from a cause not attributable to us (Art. 1218 of the Italian Civil Code).

In particular we are liable for:

• the operation of the Service as described in the Terms and in this document;
• the security and retention of the data you entrust to us, within the limits of the Data Processing Agreement (/dpa) and the Privacy Notice (/privacy);
• the technical properties of the QR codes, Invites and codes we generate: duration, revocability, single use where stated;
• the provision of updates, including security updates, for the stated period;
• the correct transmission to the Device of the Authorised Numbers and revocations you instruct us to send, when the Device is connected.

6.2 What we do when the Service does not work

We repair it. This is the first obligation and it cannot be replaced by a refund: if the Service is not in conformity, you are entitled to have it brought into conformity, and only if that is not possible or does not happen within a reasonable time do the financial remedies come into play.

If you are a Consumer, the refunds due to you reach you within fourteen days, by the same means of payment you used and without fees.

6.3 Unavailability of the Service: the remedy

If, for a cause attributable to us, the Service is unavailable continuously and not negligibly, you are entitled to a proportionate reduction of the price for the period in which you did not have it, and in the most serious cases to termination of the contract in accordance with the Terms.

The reduction is calculated on the days of unavailability in proportion to the Subscription period paid. You request it by writing to support; no particular form of words is needed.

What the reduction does not cover is the damage from a failed opening: the cost of a call-out to get in, the missed appointment, the delayed delivery. That damage is governed by sections 7, 8 and 9, and in many cases it is not attributable to us because it depends on one of the circumstances in section 8 or on the lack of the alternative means of access you must keep.

7. The scope of recoverable damage

Recoverable damage is that which is the immediate and direct consequence of the failure to perform (Art. 1223 of the Italian Civil Code) and, where the failure to perform does not result from wilful misconduct, that which could have been foreseen at the time the obligation arose (Art. 1225).

For this reason the following are not recoverable, where they are not the immediate and direct consequence of a failure to perform on our part:

This is not an exclusion of liability: it is the measure of damage laid down by law, and it applies in the same way to Consumers and to business customers.

8. The situations we are not liable for

The situations that follow do not depend on a failure to perform on our part. They are not an advance exemption: they are the cases in which the cause of the damage lies elsewhere, and saying so in advance is as useful to you as it is to us.

8.1 The reassigned number: the case that deserves an explanation

A mobile number that has been given up is reassigned by the operator to another person. If that number was authorised on your Entrance and no one has revoked it, the new person opens, without doing anything unlawful and without knowing anything.

Neither of the two is at fault for this event: liability lies with whoever did not set an expiry date and did not reconfirm the authorisations. For this reason:

• we make an expiry date available on every authorisation and flag to you authorisations that have not been used for some time;
• you periodically reconfirm who should continue to get in, and revoke the rest.

The operating instructions are in /sicurezza-account.

8.2 Force majeure

Neither party is liable for failure or delay in performance due to extraordinary and unforeseeable events beyond its control: natural disasters, fires, acts of authorities, widespread outages of communication networks or of the electricity supply, general strikes, conflicts, cyber attacks of such magnitude as to make performance impossible despite the measures taken.

The affected party notifies the other without delay and does what is reasonable to limit the consequences. If the event lasts more than thirty days, either party may terminate for the future, without penalty.

Force majeure does not suspend payment obligations that have already accrued and does not apply to the consequences of an event that we could have avoided with the measures we were required to take.

8.3 Cyber attacks

We adopt technical and organisational measures to protect the Service and the data; no measure makes a system impregnable, and we do not state otherwise in any document.

If unauthorised access is made possible by a failing on our part, we are liable for it. If it results from the compromise of your credentials, from their sharing or from a QR code that has left your control, the cause lies elsewhere.

What we do when there is a personal data breach, how quickly we notify you and what we tell you is in /incidenti.

9. The cap on compensation

9.1 If you are a Consumer

No monetary cap applies to you. Only the scope of recoverable damage in section 7 remains, which is not an exemption but the measure of damage laid down by law.

9.2 If you are a business customer

Our total liability for compensation for all events occurring in the twelve months starting from the first of them does not exceed the Subscription fee you paid in those same twelve months. The cap concerns only financial loss, applies only in cases of ordinary negligence, does not apply in any of the cases listed in section 10 of /responsabilita and takes effect only if you have specifically approved the clause in the manner set out in point 9.3 of /responsabilita: if approval has not been collected, the cap does not apply.

This is the same clause as point 13.3 of the Terms of Use, written in the same words: should the two wordings diverge, the one more favourable to you prevails.

9.3 How onerous clauses are approved

Some clauses of the BGates documents are among those which, towards a business customer, take effect only if specifically approved in writing (Art. 1341(2) of the Italian Civil Code).

The clauses requiring specific approval, for all the Service documents, are listed once only in section 19 of the Terms of Use (/termini), with the numbering that identifies them. No other document keeps a list of its own, because a second list that said something different would make it uncertain what you have approved.

The clauses contained in this document and included in that list are:

Item 2 of the list is collected as a precaution: section 7 is written as the scope of recoverable damage under Articles 1223 and 1225 of the Italian Civil Code, and collecting approval for it does not turn it into a limitation of liability.

How approval is given. Approval is not to be confused with acceptance of the document: it is given with a separate tick box, ‘I specifically approve the clauses…’, which lists one by one the clauses approved using the numbering of the single list. It is in the gate of the dashboard and of the app, next to the acceptance tick box, and neither box is pre-ticked. For each approval we keep the document and its version, the list approved, the date and time, the IP address and the browser used.

What happens if approval is missing. A clause that does not appear in the single list in section 19 of the Terms, or for which approval has not been collected in the manner described here, has no effect towards you. This applies to the cap in point 9.2 as to any other clause: none of these clauses can be enforced against you merely because it is written in a document you have accepted.

10. What we never limit

No clause of this document, and no clause of the other BGates documents, limits or excludes:

1. liability for wilful misconduct or gross negligence, ours or that of those acting for us (Art. 1229(1) of the Italian Civil Code);
2. liability in cases where the act constitutes a breach of obligations arising from rules of public policy (Art. 1229(2)), including personal data protection law: for infringements relating to personal data we limit nothing and we do not ask you for any indemnity;
3. liability for death and personal injury, in no case and towards no one (and towards a Consumer a clause to the contrary would be void even if negotiated: Art. 36(2) of the Codice del consumo (Italian Consumer Code, Legislative Decree 206/2005));
4. product liability for defective products (Articles 114-127 of the Codice del consumo), which is strict liability and cannot be disposed of by contract;
5. the mandatory rights of the Consumer regarding digital content and digital services (Art. 135-viciesbis(1) of the Codice del consumo) and the legal guarantee of conformity of the Device (Art. 135-sexies), with its two years from delivery and its twenty-six-month limitation period;
6. the liability of the seller and of the installer, each for its own part.

11. Your obligations: alternative means of access and appropriate use

These two rules are not recommendations. They are conditions of use, and failure to comply with them affects who is liable for the damage.

1. Always keep an alternative means of access to the Entrance. A key, a remote control, a manual operation, a code independent of the Service. Make sure that whoever needs to get in when you are not there also has it. If the Service is not available — because of a fault, maintenance, lack of coverage or a power failure — the alternative means of access is how you get in.

2. Do not use the Service as the only security or emergency system. It is not designed for that, and section 2.2 says so before purchase. If the Entrance gives access to a place from which a person must be able to get out, the way out cannot depend on the Service.

In addition there are the operating obligations, which are in /sicurezza-account and are only referred to here: changing the Device password on handover; revoking the numbers of those who should no longer get in, on the same day; not sharing credentials; keeping watch over where you put up QR codes and to whom you send Single-use QR codes; reporting the theft or loss of an authorised phone straight away; informing the people you authorise; carrying out the decommissioning procedure before transferring the Device.

12. The warranties you give us

You indemnify us against claims made against us by third parties on the sole ground that:

• you did not inform the people whose numbers you authorised, as you had undertaken to do;
• you made a false statement about your entitlement to the Device or the installation;
• you used the Service in breach of the Acceptable Use Rules.

This warranty does not and cannot cover infringements that are ours, nor design defects of the Service, nor any breach of personal data protection law attributable to us.

If you are a business customer, this warranty takes effect only if it appears in the single list in section 19 of the Terms of Use and has been specifically approved in accordance with point 9.3. If you are a Consumer, we do not ask you for any indemnity beyond what the law already provides.

13. Loss of data

We are liable for the loss of the data we keep for you, within the limits of this document.

We make encrypted backup copies of the archives and keep them for 14 days. They do not cover everything and are not a guarantee against every loss: what we keep, where and for how long is in /conservazione; what we do when something is lost is in /incidenti.

If you need the data of your Entrance — Authorised Numbers, Opening Log, Invites — export them when you need them: export is available in the Private Area, and on termination of the contract you can request a copy within 30 days in accordance with the Terms. No clause of the BGates documents prevents you from accessing the data of your Entrance or obtaining a copy of them.

14. Complaints, evidence and time limits

How to make a complaint. Write to BGates support (info@bgates.it, 02 52 20 18 38) stating the Device, the date and time, and what happened. We will reply within 30 days.

By when it is advisable to do so. The Opening Log keeps the event with the name and number for 12 months; after that, the entry remains without name or number. If you want to dispute an opening or prove that it did not take place, do so within those 12 months: after that, the evidence no longer exists, either for you or for us. The retention periods of all other data are in /conservazione.

This is not a time bar: your rights remain those provided by law, and we do not shorten them by contract. It is practical information about the availability of evidence.

Governing law and jurisdiction. The contracts are governed by Italian law.

• If you are a Consumer, jurisdiction lies with the court of the place where you have your residence or elected domicile, and no clause can derogate from this. The mandatory protections of the law of your country of residence in the European Union remain unaffected. You may also use the alternative dispute resolution procedures provided for by law.
• If you are a business customer, the courts of Milan have exclusive jurisdiction, if you have specifically approved the clause — no. 10 of the single list in section 19 of the Terms — in accordance with point 9.3. Without that approval the clause has no effect and jurisdiction is determined by the statutory criteria.

15. If a clause is not valid

If a clause of this document is void or ineffective, the other clauses remain valid. The void clause is not replaced by a clause producing a similar effect to your detriment: the statutory rules apply. If you are a Consumer, the nullity operates only to your advantage and may be raised by the court of its own motion.

Version 2026.09.22-1 — in effect from 22 September 2026. When we change something substantial — a new purpose, a new supplier, a longer retention period — we publish the new version here, with its date, and if you have an Account we tell you by email. This document is not accepted: it is read, and we do not ask you to tick any box. Corrections of form do not change the version. Previous versions are available on request from info@bgates.it.