Terms and Conditions of Use of the Service

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

This is the contract between you and Business Gates S.r.l. for the use of the BGates Service. It covers the GT PRO 4G, that is the Device connected to the mobile network that controls an Entrance, and the Private Area and the BGates app with which you manage it. It does not cover the basic model that works by SMS only, or Bluetooth pairing: for those, the instructions supplied with the product apply.

Read it before accepting. If you do not accept, you cannot use the Service.

1. Who we are

In the rest of the text, Business Gates S.r.l. is referred to as BGates.

2. Whom we are contracting with, and which documents apply

These Terms apply to two categories of person, which the documents keep separate:

• the Customer: the individual or legal entity that bought the Device or took out the Subscription and holds the Entrance. It is the Customer who decides who can open;
• the User with an Account: the person who has been authorised to open an Entrance and who has created credentials to use the BGates app.

If you are an individual acting for purposes outside your trade, business, craft or profession, you are a Consumer: sections 14 and 16 explain what changes for you. If you are acting in the course of a business, you are a professional: section 15 applies. To subscribe you must be at least 18 years old and have legal capacity.

In addition to these Terms, the following apply, each within its own scope:

The Privacy Notice is not accepted: it is read. We do not ask you to tick any box for privacy, nor for any consent where none is needed. These Terms, on the other hand, are a contract and are accepted with a tick box. If one of the documents listed says something different from these Terms on a matter within its own scope, that document prevails: these Terms contain the general principles.

3. What the Service is

The Service is the set of services we provide under the Subscription:

• remote opening of the Entrance, from the BGates app or the Private Area;
• opening by calling from an Authorised Number: the Device recognises the calling number and triggers the opening;
• management of Authorised Numbers: adding, revoking, days of the week, time slots and expiry date;
• Invites to the people being authorised, delivered on WhatsApp (channel provided by Meta Platforms Ireland Ltd, Ireland) and, failing that, by SMS (Commify Italia S.r.l., Skebby brand, Italy);
• a Permanent QR code to be displayed at the Entrance and Single-use QR codes to be given to a specific person: scanning them does not let anyone in; the person asks to be authorised;
• the Entrance's Opening Log, which can be consulted and exported;
• service notifications;
• Device updates, including security updates;
• support.

The Device connects to the network using a Vodafone SIM managed by BGates, and the Service's systems are hosted by netcup GmbH, in Nuremberg, Germany. The complete list of suppliers, with the role and country of each, is at /fornitori.

Which features are included in the Smart Plan and which in the Business Plan is set out in the Terms of Sale. In short: the Smart Plan, reserved for private individuals (€4.99 a month, or €47.88 a year, equal to €3.99 a month), provides opening from your phone with the app and from the web, with users without differentiated time slots, without an Access Log and without backup and restore of the Device; the Business Plan, reserved for businesses (€8.99 a month, or €95.88 a year, equal to €7.99 a month), adds time slots differentiated by user (day, time, from/to), the Access Log, Device backup and restore and grouping of Devices. The prices in force are those shown at the time of purchase. The level of the Plan determines which features you have, not the security of the Service: security updates, the Opening Log and your rights over your personal data do not depend on the Plan.

The Subscription and the purchase of the Device are two separate contracts. These Terms and the Terms of Sale keep them separate, and they remain separate even if you entered into them on the same day.

Three things the Service does that people do not expect

We set them out here, not at the end, because they change the way you will use the product.

1. An authorised phone number is a key. Anyone calling from that number opens, with no further check. Authorising a number is like handing over a key; revoking it is like taking the key back.
2. The Device records the number of anyone who calls, even if it is not authorised. The Device never answers the call: it rings and hangs up, and the call costs the caller nothing. But the number is captured before it hangs up. In the Opening Log, a number that is not authorised appears masked, showing only the last three digits.
3. The number you give when you register is authorised on your Entrance. That is how you get into your own home on the first day. You can change or revoke it whenever you like from the Private Area.

4. What the Service is not, and what it depends on

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

The Service is not a security system, an intruder alarm system or an emergency system. It does not watch over the Entrance, it does not alert anyone, and it does not replace an alarm system. Always keep an alternative means of access to the Entrance — a key, a remote control, manual operation — and make sure that the people who need to get in have it.

The Service does not control the movement of the Entrance. 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. Compliance of the automation with the applicable standards — in particular EN 12453:2017+A1:2021 and EN 13241:2003+A2:2016, as published in Commission Implementing Decision (EU) 2023/1586 — and its maintenance remain the responsibility of whoever manufactures it, installs it and maintains it.

The Service depends on things that are not all in our hands. For it to work, the following are needed:

We do not promise that the Service will be uninterrupted or error-free, and no BGates document may state that security is absolute, total or guaranteed.

5. Account and credentials

The Account is personal and non-transferable. Credentials must not be shared: anyone who shares an Account makes it impossible to attribute openings to the person who made them, and this is prohibited by the Acceptable Use Rules.

• You are responsible for the use made of your Account when the compromise results from negligent conduct on your part — shared credentials, a password reused elsewhere, a phone left accessible. You are not responsible when the compromise cannot be attributed to you, or when it results from a shortcoming of the Service, including the absence of two-step verification, which is our design choice and not yours. It is for us to prove your fault, not for you to prove ours.
• Choose a password you do not use elsewhere and do not tell it to anyone. At present you sign in with a username and password: two-step verification is not available. We take this into account when allocating responsibility.
• If you suspect that someone has got into your Account, or if you lose a phone on which the Account is open, change your password immediately and write to us at info@bgates.it, with ‘sicurezza’ (security) in the subject line.
• If you are a Customer, the Account does not just give you access to your own data: it gives you the power to authorise and revoke the keys to an Entrance. Treat it accordingly.

You can delete your Account from the Private Area: in the dashboard, from the profile menu under ‘Legal documents and your data’, or at https://app.bgates.it/profilo. From the same page you can download your data. What we delete, what we are required to keep and for how long is set out in the Retention Policy (/conservazione).

The operational rules — Device password, revocations, lost phones, QR codes — are in /sicurezza-account, which forms part of this contract.

6. Subscription, Plans and payments

The Service is provided under a Subscription. Price, duration, start date, automatic renewal, cancellation, withdrawal, payment methods, SIM activation fee and the legal guarantee on the Device are governed by the Terms of Sale (/condizioni-vendita), which you accept at the time of purchase.

Four points are enough here:

1. Payment is handled by Stripe (Stripe Payments Europe, Limited, Ireland). BGates does not collect or store your card details.
2. The Subscription renews automatically when it expires, unless you cancel it. We notify you before renewal, with the date and amount, 7 days in advance, and you can cancel from the Private Area with the same steps you used to subscribe.
3. If the Subscription ends, the Device remains yours, but the features that run through the Service — remote opening, Invites, Opening Log, notifications, updates — are no longer available.
4. If you do not pay, section 12 applies.

7. Acceptable use

You may use the Service only to control an Entrance you are entitled to control and to manage who has access to it.

The full rules are in `/uso-consentito`, which forms part of this contract. In short, you may not: open, or have others open, other people's Entrances; use the Service to observe a person's movements or habits; authorise the numbers of people you do not know you are entitled to authorise; share credentials; attempt to circumvent technical limits, request rate limits or authentication; analyse, decompile or reuse the firmware and software; use the Service to circumvent the automation's safety devices; resell the Service without a written agreement with us.

The Acceptable Use Rules and the Account Security Rules contain specific obligations: breaching them may lead to suspension or termination under section 12.

8. Authorised Numbers, Invites and QR codes: what whoever enters them must do

When you authorise another person's number, you are processing that person's personal data and handing them a key. From that moment:

1. you must inform them: that their number has been authorised on that Entrance, by whom, and that their openings are recorded in the Opening Log. The ready-made text to give them is the Notice for people authorised to open an entrance (/informativa-utilizzatori), and the Invite we send on your behalf includes it;
2. you must be entitled to authorise them: do not enter numbers taken from directories, from other people's contact lists, or given to you by third parties without checking;
3. you must revoke the authorisation on the day the person should no longer get in. A mobile number can be reassigned by the operator to someone else: if it remains authorised, that other person can open. That is why you should set an expiry date whenever you can;
4. you must check what you type: a mistyped number authorises a stranger, and the name you type next to the number ends up in the Opening Log;
5. if the Invite is sent via WhatsApp, you must be able to state that the person is willing to be contacted on that channel: this is the condition imposed by the channel provider, and only you can meet it.

About QR codes. A QR code is not a secure container: it is text that anyone can read, and a photograph of the QR code works just like the QR code. No technical measure can prevent it from being photographed, forwarded or printed. The allocation, in one line: BGates is responsible for randomness, revocability, single use, the usage log, compliance with the stated expiry periods and what the token reveals; the Customer is responsible for where the QR code is displayed, whom it is given to and how long they wait before revoking it. The Permanent QR code does not let anyone in: it lets them ask, and you decide. A Single-use QR code is valid for a single scan and does not expire after a set time: it remains valid until it is used or revoked.

Whoever administers an Entrance — the Customer, or the Distributor or Installer acting on the Customer's behalf — also accepts the Terms for Customers and Administrators (/condizioni-amministratori), which contain as an annex the Data Processing Agreement under Art. 28 of the GDPR (Regulation (EU) 2016/679). That Agreement governs the relationship between you, who decide who comes in, and us, who carry out your instructions.

If the Entrance gives access to a workplace, you have an additional obligation: to give workers adequate prior information on how the system is used and how checks are carried out (Art. 4(3) of Law no. 300 of 20 May 1970 (the Italian Workers' Statute)) and to check whether a trade union agreement or authorisation from the Labour Inspectorate is required. The details are in /condizioni-amministratori.

9. Opening Log

Every command and every opening leaves an entry: when, with what outcome, from which channel and — when the Device recognises the calling number — who. Attempts from numbers that are not authorised also appear, with the number masked.

• Your Entrance's Opening Log is yours: you decide what use to make of it, and for personal data protection purposes you are its Controller. We store it and show it to you on your behalf, as Processor, under the terms of the Data Processing Agreement.
• It can be seen by: whoever administers that Entrance, and BGates Operators for support and security.
• You can export it. From that moment the file is outside the Service and you are responsible for where it ends up and who reads it.
• Do not use it for purposes other than those for which it exists — verifying an access, detecting an attempt, keeping orderly control of who comes in.
• How long we keep it: the period, the same for everyone, is in the Retention Policy (/conservazione). As of 22 September 2026 it is 12 months with name and number, followed by anonymisation of the entry.

10. Intellectual property

The software of the Private Area and of the BGates app, the Device firmware, the interface, the documentation, the trade marks, the logos and the name ‘BGates’ belong to Business Gates S.r.l. or to its predecessors in title.

With the Subscription you receive a personal, non-exclusive, non-transferable right of use, revocable on termination of the contract, limited to use of the Service on the Entrances that belong to you. You do not acquire ownership of any software.

You may not copy, modify, translate, decompile or disassemble the software and firmware, or extract parts of them, except within the limits that the law recognises as mandatory. You may not remove or alter distinctive signs, or use the BGates trade marks without written authorisation.

The data of your Entrance does not fall within this section: it remains yours, you can export it at any time, and on termination of the contract you obtain a copy of it under section 12. We may use non-personal, aggregated data on the operation of the Devices for internal statistics and to improve the Service; no personal data is used for this purpose unless the Privacy Notice says so.

11. Updates and changes to the Service

Updates. We inform you of available updates, including security updates, needed to keep the Service and the Device in conformity, and we provide them to you for the entire duration of supply (Art. 135-undecies of the Codice del consumo (Italian Consumer Code); for the Device, Art. 130(2)). If you do not install an update we have told you about, and the lack of conformity results from that failure to install it, we are not liable for it.

Support period. The end date of the security support period for the Device — at least the month and year — is stated at the time of purchase in the Terms of Sale: 5 years from the date of purchase of the Device, for the Device firmware and for the Service.

Update windows. While the firmware is being updated, the Device does not execute commands. The windows are short and, where possible, scheduled.

Changes to the Service. We may change the Service beyond what is needed to keep it in conformity only if there is a valid reason — technical developments, security, legal obligations, a change of supplier — and always at no additional cost to you and with prior notice. If the change has a negative impact on your access to or use of the Service, and you are a Consumer, you may terminate the contract free of charge within thirty days of the notice or of the time the change takes effect, if later; you do not have this right if the impact is negligible or if we allow you to keep the unmodified version at no cost (Art. 135-viciessemel of the Codice del consumo).

Price changes. These are governed by the Terms of Sale: 60 days' notice, an annual change of no more than 10% and, in any case, the right to terminate at no cost before the change takes effect.

12. Suspension and termination

When you can leave. You can cancel the Subscription in accordance with the Terms of Sale. If you are a Consumer, you also have the right of withdrawal in section 14. You can ask for your Account to be deleted at any time.

When we can suspend. We may suspend the Service, in whole or in part, if:

Suspension is proportionate to the reason and lasts for as long as the reason persists. When we suspend, we tell you in writing, and in that communication we repeat something that matters: the Entrance can still be opened with the physical means available to you. Suspending a service that opens a gate is not like suspending a newsletter.

Termination. The contract ends on expiry without renewal, on withdrawal or termination by you, on deletion of the Account, or on termination by us in the event of a serious breach not remedied within the periods stated above. If you are a professional, we may terminate an open-ended relationship with 30 days' notice; if you are a Consumer, we terminate only for just cause or with reasonable notice.

What happens to your data on termination. Within 30 days of termination you can request and obtain a copy of your Entrance's data — Authorised Numbers, Opening Log, Invites — in a machine-readable format. After that period we delete it or return it to you, except for data we are required to keep (tax documents, for 10 years) and acceptances of documents, which we keep for 10 years from the end of the relationship as evidence. No clause of this contract prevents you from accessing your Entrance's data or obtaining a copy of it.

13. Liability

The full text, with practical cases and the allocation between us, you, the Distributor and the Installer, is at `/responsabilita`. The essential clauses are set out here, and they apply even if you do not read that document.

13.1 What we are liable for

We are liable for failure to perform the obligations that these Terms place on us, in accordance with the rules of the Codice civile (Italian Civil Code), and in particular for:

• the operation of the Service as described in section 3;
• the storage and security of the data you entrust to us, within the limits of the Data Processing Agreement and the Privacy Notice;
• the technical properties of the tokens and QR codes we generate (section 8);
• the provision of security updates for the stated period (section 11).

13.2 What we do not compensate

Recoverable damage is damage that is immediate and direct (Articles 1223 and 1225 of the Italian Civil Code). The following are not recoverable: indirect damage, loss of profit and loss of opportunity — for example a business's lost earnings, a missed opportunity, the cost of an intervention made necessary by a failed opening — where they are not an immediate and direct consequence of the breach.

We are not liable for damage resulting from:

• lack of mobile network coverage, failures of the operator's network or of the Internet, or power failure;
• faults, or defects in installation or maintenance, of the Entrance's automation;
• use of the Service as the sole means of security or emergency protection, contrary to section 4;
• conduct by you or by anyone using your Account: shared credentials, failure to revoke a number, a QR code displayed or forwarded, a Device password that was not changed;
• fortuitous events and force majeure. Force majeure does not suspend payment obligations that have already fallen due.

13.3 Cap on compensation

If you are a professional: our total liability for compensation, for all events occurring in the same year, does not exceed the Subscription fee paid in the twelve months preceding the event. This cap applies only to financial loss and only to cases of ordinary negligence.

If you are a Consumer: no monetary cap applies to you. The only limit is the scope of recoverable damage described in point 13.2, which is not an exclusion but the measure of damage provided for by law.

13.4 What we never limit

No clause of this contract, and no clause of the other BGates documents, limits or excludes our liability for:

1. wilful misconduct and gross negligence (Art. 1229(1) of the Italian Civil Code);
2. death and personal injury, in any case and towards anyone (and towards a Consumer a clause to the contrary would be void even if negotiated: Art. 36(2) of the Codice del consumo);
3. breach of public policy rules, including personal data protection law: for personal data infringements that are our own we limit nothing and we do not ask you for any indemnity. Claims that a third party brings against us because you have failed to fulfil your obligations as Controller are a separate matter, governed by point 13.5;
4. product liability (Articles 114-127 of the Codice del consumo);
5. the rights the law gives you as a Consumer in relation to digital content and digital services and to the guarantee on the Device, which are mandatory (Articles 135-viciesbis and 135-sexies of the Codice del consumo).

13.5 Your indemnity to us

This indemnity does not apply to Consumers. Towards a Consumer, only the consequences provided for by law for failure to perform their contractual obligations apply.

This indemnity concerns claims that third parties bring against BGates as a result of your failure to fulfil your obligations as Controller, and it is not a limitation of BGates's liability: BGates remains liable towards the data subject — the person whose data is processed — and towards the supervisory authority for its own failures, and in respect of those it neither asks for nor obtains any indemnity.

Within this scope, you indemnify us against claims that third parties bring against us solely because you did not inform the people whose numbers you authorised — the information that Art. 14 of the GDPR (Regulation (EU) 2016/679) requires you, not us, to provide —, because you made a false statement about your entitlement to the Entrance or the installation, or because you used the Service in breach of the Acceptable Use Rules. This indemnity does not cover, and cannot cover, infringements that are our own, or design defects of the Service.

If you are a business Customer, this indemnity takes effect only if you have specifically approved it: it is item no. 11 of the list in section 19.

14. If you are a Consumer

Withdrawal

You have fourteen days to withdraw without giving any reason (Art. 52 of the Codice del consumo). There are two periods, and they start at different times:

If you bought the Device from the Distributor or the Installer, you exercise the right of withdrawal against them, under the terms of the contract you concluded with them: we cannot grant it in their place, and you remain free in any case to withdraw from the Subscription with us. If the purchase took place on business premises, the law does not provide for the fourteen-day right of withdrawal: the legal guarantee of conformity and the right of withdrawal from the Subscription remain unaffected.

How to exercise it, with which form and with what effects is set out in the Terms of Sale, which also contain the model withdrawal form and the period within which we deliver the Device when we sell it.

If you have expressly asked us to start performance of the Service immediately — so that your number is authorised and the Entrance opens before the fourteen days have expired — and you then withdraw, you owe us an amount proportionate to what has been provided up to the time of withdrawal (Art. 57(3)). If we did not inform you of the right of withdrawal, or if you did not expressly ask for early performance, you owe us nothing (Art. 57(4)).

We do not say, and it is not true, that by activating the Service you lose your right of withdrawal. A Subscription in progress is not a service that has been ‘fully performed’: as long as the period is running, the right of withdrawal remains.

Any refunds due to you reach you within fourteen days, using the same means of payment you used and without fees (Art. 135-vicies).

Guarantee

The Device is covered by the legal guarantee of conformity: the seller is liable for any lack of conformity that becomes apparent within two years of delivery, and the right of action becomes time-barred twenty-six months after delivery (Art. 133 of the Codice del consumo). The remedies, the order of the remedies and the identity of the seller in the various sales channels are set out in the Terms of Sale. No clause of these Terms reduces or excludes these rights.

Competent court

For disputes with you, the mandatory territorial jurisdiction of the court of the place where you reside or have elected domicile applies, if in Italy (Art. 66-bis of the Codice del consumo). No clause of these Terms requires you to use a different court.

Out-of-court dispute resolution

Before going to court you can write to us at info@bgates.it: we reply within 30 days with a proposed solution. You can also contact an ADR body entered in the list kept by the Ministero delle Imprese e del Made in Italy (Italian Ministry of Enterprises and Made in Italy) (www.mimit.gov.it), which is the list of competent authorities provided for by Art. 141-decies of the Codice del consumo.

The European ODR platform no longer exists: it was shut down on 20 July 2025, and Regulation (EU) 2024/3228 of 19 December 2024 repealed Regulation (EU) No 524/2013, which established it. Anyone still showing you a link to that platform is sending you to a page that does not respond. Using an ADR body does not take away your right to go to court.

15. If you are a professional

If you are acting in the course of a trade, business, craft or profession, the protections in section 14 do not apply. Instead, the following apply:

• the cap on compensation in point 13.3;
• the exclusive jurisdiction of the courts of Milan for any dispute relating to these Terms;
• the clauses listed at the end, which you specifically approve.

If you resell, install or configure Devices on behalf of others, the Terms for Customers and Administrators (/condizioni-amministratori) and, where applicable, the reseller agreement also apply.

16. Governing law

These Terms are governed by Italian law. If you are a Consumer, this choice does not deprive you of the protection afforded to you by the mandatory rules of the country in which you habitually reside.

17. Communications, assignment, partial invalidity

Communications. We write to you at your Account email address and, where necessary, with a notice in the Private Area. Keep them up to date. You write to us at info@bgates.it or at our registered office address.

Assignment. You may not assign this contract without our written consent. We may assign it to a group company or to a purchaser of the business, giving you 30 days' notice; if you are a Consumer and the assignment makes your position worse, you may terminate at no cost within thirty days.

Partial invalidity. If a clause is void or ineffective, the rest of the contract remains valid. Towards a Consumer, nullity operates only to the Consumer's advantage and the court may raise it of its own motion (Art. 36(3) of the Codice del consumo).

18. If we change these Terms

We may change these Terms for a valid reason: a new feature, a legal obligation, a change of supplier, a correction required by an authority.

• We notify you by email at least 30 days before the new version takes effect, telling you what is changing.
• When the substance changes, the next time you sign in we ask you to accept the new version. You can postpone it: until you accept, and in any case until the end of the Subscription period already paid for, opening the Entrance, managing and revoking Authorised Numbers, exporting your data and cancellation remain available. The notice stays at the top of the Private Area. If you have not accepted by the end of the paid period, the Subscription does not renew and we refund the unused portion: in no case do we interrupt the Service before that date for this reason.
• If you do not want to wait until the end of the period, you can terminate immediately and at no cost before the new version takes effect, and we refund the unused portion of the Subscription.
• If the change to the Terms accompanies a change to the Service that has a negative impact on your use, you also have the right to terminate free of charge within thirty days under section 11.
• Corrections of form — typos, reordering of paragraphs, updated links — do not change the version and you are not asked to accept them again.

We keep proof of every acceptance: document, version, date and time, IP address and the screen on which it took place. We keep it for 10 years from the end of the relationship. Previous versions are available on request.

19. Clauses to be specifically approved (Articles 1341 and 1342 of the Italian Civil Code)

The clauses listed below are specifically approved by the business Customer, by an act separate from acceptance of the Terms.

How they are approved. Approval is an act separate from acceptance of the Terms. In the gate of the dashboard and of the app, next to the tick box with which you accept the document, a second, separate box appears: ‘I specifically approve the clauses…’, with the list that follows. Neither box is pre-ticked, and ticking the first does not tick the second. For each approval we record the document and its version, the list of clauses approved, the date and time, and the IP address and browser from which it was given.

These clauses do not apply to a Consumer to the extent that they would be unfair: in particular, items no. 1, no. 5, no. 10 and no. 11 do not apply to a Consumer, and sections 13.3, 13.4 and 14 apply to a Consumer instead. No clause in this list shifts the burden of proof onto you, or reserves to BGates the right to decide whether the Service is in conformity.

Version 2026.09.24-1 — in effect from 24 September 2026. When we change something substantial — a new purpose, a new supplier, a longer retention period, a clause that concerns you — we tell you by email and ask you to accept the new version the next time you sign in. Corrections of form do not change the version. Previous versions are available on request from info@bgates.it.