Welcome to the online store (the “Store”) provided by Amaryllo Inc. and its subsidiaries and affiliates (“Amaryllo”, “we” or “us”). Your purchase of Amaryllo hardware products (“Products”) from the Store constitutes your agreement to be bound by these terms and conditions of sale (“Terms & Conditions”) and the terms of the Limited Warranty posted on www.amaryllo.eu and www.amaryllo.us. We reserve the right to change these Terms & Conditions and the terms of the Limited Warranty at any time, so please review the Terms & Conditions and the terms of the Limited Warranty each time prior to making a purchase from the Store. Every time you order Products from Amaryllo, the Terms & Conditions and the terms of the Limited Warranty in force at that time will apply between you and Amaryllo. If you have any questions regarding these Terms & Conditions, you can contact Amaryllo at email@example.com.
The Store is for retail sales to private consumers only. Please contact firstname.lastname@example.org if you wish to purchase wholesale supplies.
THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR AMARYLLO PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD NOT PURCHASE THE PRODUCTS.
Although the Store is accessible worldwide, the Products offered on the Store are not designed and tested for use in all countries. If you choose to access the Store and/or use the Products outside the Netherlands (the “Target Country”), as applicable, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Store is not designed for use in a non-Target Country and some or all of the features of the Store may not work or be appropriate for use in such a country. To the extent permissible by law, Amaryllo accepts no responsibility or liability for any damage or loss caused by your access or use of the Store in a non-Target Country.
Amaryllo Inc. (hereinafter referred to as "Amaryllo") complies with laws and regulations of all countries and regions where Amaryllo does business. We are committed to providing customers with high-quality products that are in compliance with regulatory laws, standards, and requirements. Amaryllo follows applicable laws, directives, standards and industry regulations. Each product is marked accordingly and are in compliance with, but not limited to, regulations pertaining to some of the following countries: United States, European Union, Australia, New Zealand, Mexico, Japan, Taiwan, and Korea.
2. Compatibility You acknowledge that you have verified the compatibility of the Products you are purchasing with other equipment in your home (e.g., ensuring that your lighting fixtures are compatible with the Amaryllo iCamPRO Deluxe, AR2, AR2S, Zeus and Triton). You are solely responsible for determining the compatibility of the Products with other equipment in your home, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Products and does not otherwise constitute a basis for receiving a refund.
3. Reservations and Pre-Orders Products available for reservation and pre-order are not offered for sale by Amaryllo. Your placement of a reservation and pre-order does not create a contract for sale.
By placing a reservation and pre-order for a Product that is not yet available for sale, you make an offer to Amaryllo to purchase the Product subject to these Terms & Conditions. Amaryllo will obtain an authorization from your bank or credit card company and capture payment of the purchase price on the payment card you provided as a deposit for the reserved Products.
You may cancel your offer to purchase Products at any time prior to shipment and we will refund the deposit for the reserved Products. Amaryllo reserves the right to deduct applicable fees in processing the cancellation of your offer.
Amaryllo reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed, and we will refund the deposit for the reserved Products. We may attempt to contact you if all or a portion of your order is canceled, or if additional information is needed to complete and accept your order.
4. Availability and Pricing All Products offered on the Store are subject to availability. Prices for the Products are subject to change without notice at any time but changes will not affect any order you have already placed.
5. Sales Tax Prices for the Products do not include relevant taxes and you shall be responsible for the payment of applicable sales tax and import duties in your jurisdiction.
6. Resale and Title Transfer Purchases made on the Store are intended for end-users only and are not authorized for resale. Title for Products purchased from the Store passes to the purchaser at the time of delivery by Amaryllo to the freight carrier, but Amaryllo and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.
7. Shipping and Delivery Unless otherwise indicated by Amaryllo, prices for the Products do not include shipping costs. Our delivery charges are as quoted on the Store website from time to time or as confirmed by Amaryllo by email. The estimated arrival or delivery date is not a guaranteed delivery date for your order.
The Products available on the Store have been designed, marketed and sold for use by residents of the Target Country. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English. The Products available on the Store are not intended for use outside of the Target Country. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law.
8. Installation There may be laws in the jurisdiction that you install a particular Product applicable to where and how to install that Product. You should check that you are in compliance with all relevant laws in your jurisdiction. Amaryllo is not responsible for any injury or damage caused by self-installation. In addition, Amaryllo is not responsible for any conduct of or liability associated with any third-party installers. You should do your own diligence of the installers to select one that best fits your needs.
9. Returns for Refund All sales are final and the Products can only be returned if it fails to conform to Amaryllo's Limited Warranty during the Warranty Period.
10. Disputes and Arbitration (a) Contact Amaryllo First. If a dispute arises between you and Amaryllo, our goal is to learn about and address your concerns. You agree that you will notify Amaryllo about any dispute you have with Amaryllo regarding these Terms & Conditions by contacting Amaryllo at email@example.com.
(b) Binding Arbitration. You and Amaryllo agree, subject to clause 9(g) (Protection of Confidentiality and Intellectual Property Rights), to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms & Conditions or your use of the Products to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further, you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Products. Subject to clause 9(g) (Protection of Confidentiality and Intellectual Property Rights), any dispute or claim made by you against us or us against you arising out of or relating to these Terms & Conditions or your use of the Products (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to the small claims tribunal in Hong Kong if they qualify for hearing by such a tribunal.
(c) Arbitration Procedures. You must first present any claim or dispute to Amaryllo by contacting Amaryllo at firstname.lastname@example.org to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 90 days after presenting the claim or dispute to Amaryllo. Amaryllo may request arbitration against you at any time after it has notified you of a claim or dispute in accordance with section 14 (Notifications). The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable Hong Kong International Arbitration Centre Administered Arbitration Rules (the “Arbitration Rules”). The place of any arbitration will be Hong Kong and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what these Terms & Conditions provide, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party's actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you nor Amaryllo nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
(d) No Class Actions. There shall be no right or authority for any claims subject to this arbitration section to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
(e) Fees and Expenses. All administrative fees and expenses of arbitration will be divided equally between you and Amaryllo. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.
(f) YOU MUST CONTACT AMARYLLO WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
(g) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, Amaryllo may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
(h)This arbitration section shall survive termination of these Terms & Conditions.
11. Warranties and Disclaimers As far as permitted by applicable law, the Store, and all content available on the Store, is provided on an “as is” basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All products and services purchased through the Store are provided on an “as is” basis unless otherwise noted in Amaryllo's Limited Warranty posted on www.amaryllo.eu and www.amaryllo.us. You may choose whether to make a claim under these Terms & Conditions or Amaryllo's Limited Warranty or both, but you may not recover twice in respect of the same loss. To initiate a return under Amaryllo's Limited Warranty, you should contact Amaryllo at email@example.com.
You use a Product at your own discretion and risk. You will be solely responsible for (and Amaryllo disclaims) any and all loss, liability or damages resulting from your use of a Product, including damage or loss to your wiring, fixtures, electricity, lighting system, home, Product, other peripherals connected to the Product, computer, mobile device, and all other items and pets in your home.
Amaryllo gives no warranty regarding the life of the batteries used in a Product. Actual battery life may vary depending on a number of factors, including the configuration and usage of a Product.
12. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) AMARYLLO BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS OR BENEFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF AMARYLLO KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) AMARYLLO’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO AMARYLLO OR AMARYLLO’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. AMARYLLO DISCLAIMS ALL LIABILITIES OF ANY KIND OF AMARYLLO’S LICENSORS AND SUPPLIERS.
14. Electronic Communications You are communicating with Amaryllo electronically when you use the Store or send email to Amaryllo. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order in the Store, we collect and store your email address. From that point forward, your email address is used to send you information about Amaryllo's products and services unless you opt-out of such emails using the opt-out link in the emails.
15. Notifications Amaryllo may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Amaryllo account, hard copy, or posting of such notice on the Amaryllo website. Amaryllo is not responsible for any automatic filtering you or your network provider may apply to email notifications. Amaryllo recommends that you add @amaryllo.us URLs to your email address book to help ensure you receive email notifications from Amaryllo.
16. Force Majeure We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17. Severability If any part of one or more of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will to that extend be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.
18. Waiver Failure or delay by us to enforce any these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
19. Governing Law and Jurisdiction These Terms & Conditions are governed by the laws of the United States without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts of the United States for the purpose of litigating all such claims or disputes unless such claim or dispute is required to be arbitrated as set forth in an above section.
Amaryllo Inc. (“Amaryllo”) warrants to the owner of the enclosed product that the product contained in this box (“Product”) will be free from defects in materials and workmanship for a period of ONE (1) YEAR from the date of original retail purchase (the “Warranty Period”) when used in accordance with Amaryllo's user manuals. If the Product fails to conform to this Limited Warranty during the Warranty Period, Amaryllo will, at its sole discretion, (1) repair the Product using new parts or parts that are equivalent to new in performance and reliability, (2) exchange the Product with a product with equivalent functionality formed from new and/or previously used parts that are equivalent to new in performance and reliability or with your consent, a product that is at least functionally equivalent to the Product it replaces, or (3) accept the return of the Product and refund the original purchase price. This is your sole and exclusive remedy for breach of this Limited Warranty. Any Product that has either been repaired or exchanged under this Limited Warranty will be covered by the terms of this Limited Warranty for the longer of (a) ninety (90) days from the date of delivery of the repaired Product or replacement Product, or (b) the remaining Warranty Period. This Limited Warranty is transferable from the original purchaser to subsequent owners, but the Warranty Period will not be extended in duration or expanded in coverage for any such transfer. Amaryllo does not represent, warrant or guarantee that it will be able to repair or exchange any Product under this Limited Warranty without risk to and/or loss of information and/or data stored on the Product.
Before making a claim under this Limited Warranty, you must (a) notify Amaryllo of the intention to claim by contacting Amaryllo at firstname.lastname@example.org during the Warranty Period and providing a description of the alleged failure, and (b) comply with Amaryllo's return shipping instructions. Amaryllo will have no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after examination of the returned Product, that the Product is an Ineligible Product (as defined below). Proof of purchase may be required to verify eligibility. Amaryllo will bear all costs of return shipping to you and will reimburse any shipping costs incurred by you, except with respect to any Ineligible Product, for which you will bear all shipping costs.
This Limited Warranty does not cover the following (collectively “Ineligible Products”): Products marked as “sample” or “Not for Sale”, or sold “AS IS”; or Products that have been subject to (a) modifications, alterations, tampering, or improper maintenance or repairs; (b) handling, storage, installation, testing, or use not in accordance with Amaryllo's user manuals, or other instructions provided by Amaryllo; (c) abuse or misuse of the Product; (d) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or (e) Acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane. This Limited Warranty also does not cover (a) consumable parts, including batteries, unless damage is due to defects in materials or workmanship of the Product; (b) software (even if packaged or sold with the product); or (c) damages resulting from other causes that are not defects in materials and workmanship. Amaryllo recommends that you use only authorized service providers for maintenance or repair. Unauthorized use of the Product or software can impair the Product's performance and may invalidate this Limited Warranty.
EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMARYLLO DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMARYLLO ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY.
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL AMARYLLO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS OR BENEFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCT, AND AMARYLLO’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY OR THE PRODUCT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER.
THE AMARYLLO ONLINE SERVICES (“SERVICES”) PROVIDE YOU WITH INFORMATION (“PRODUCT INFORMATION”) REGARDING YOUR AMARYLLO PRODUCTS OR OTHER PERIPHERALS CONNECTED TO YOUR PRODUCTS (“PRODUCT PERIPHERALS”). THE TYPE OF PRODUCT PERIPHERALS THAT MAY BE CONNECTED TO YOUR PRODUCT MAY CHANGE FROM TIME TO TIME. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL PRODUCT INFORMATION IS AUXILIARY, AND PROVIDED FOR YOUR CONVENIENCE,“AS IS”, AND “AS AVAILABLE”. AMARYLLO DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE OR THAT PRODUCT INFORMATION OR USE OF THE SERVICES OR PRODUCT WILL PROVIDE FIRE AND/OR LIFE SAFETY IN YOUR HOME OR FIT ANY AND ALL YOUR PARTICULAR PURPOSES. YOU USE ALL PRODUCT INFORMATION, THE SERVICES, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND AMARYLLO DISCLAIMS) ANY AND ALL CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED LOSS, LIABILITIES, DAMAGES, COSTS, EXPENSES, INJURIES, OR DEATHS, INCLUDING BUT NOT LIMITIED TO GOVERNMENT FINES, ISSUES RELATED TO FIRE ALARM PERMITTING, FALSE ALARMS, YOUR WIRING, FIXTURES, ELECTRICITY, LIGHTING SYSTEM, HOME, PRODUCT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, SERVICES, OR PRODUCT. PRODUCT INFORMATION PROVIDED BY THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT MEANS OF OBTAINING THE INFORMATION. FOR EXAMPLE, A NOTIFICATION PROVIDED THROUGH THE SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT ACCESS TO OBTAINING INFORMATION IN THE HOME AND ON THE PRODUCT, NOR FOR A THIRD PARTY MONITORING SERVICE THAT MONITORS ALARM STATE AND/OR A TRADITIONAL SMOKE DETECTOR.
If any term of this Limited Warranty is held to be illegal or unenforceable, it shall be severed from this Limited Warranty and the legality or enforceability of the remaining terms shall not be affected.
This Limited Warranty and the Terms and Conditions of Sale posted on www.amaryllo.eu and www.amaryllo.us constitute the entire agreement between you and Amaryllo relating to the subject matter hereof and supersede any previous or contemporaneous agreements and understandings, both written and oral, among you and Amaryllo with respect to the subject matter hereof.
Terms of Cloud
Last Updated: July 23, 2019
1. The Cloud Service (a) The Cloud Service. The Cloud Service provides storage, retrieval, management and access features and functionality for your photos, videos, and other files (“Your Files”). By using the Cloud Service, you are directing us to store, manage, and provide access to Your Files on your behalf.
(b) Using Your Files with the Cloud Service. You may use the Cloud Service only to store, retrieve, manage, and access Your Files for personal, non-commercial purposes using the features and functionality we make available. You may not use the Cloud Service to store, transfer or distribute content of or on behalf of third parties, to operate your own file storage application or service, to operate a photography business or other commercial service, or to resell any part of the Cloud Service. You are solely responsible for Your Files and for complying with all applicable copyright and other laws, including import and export control laws and regulations, and with the terms of any licenses or agreements to which you are bound. You must ensure that Your Files are free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.
(c) Sharing Your Files. The Cloud Service may provide features that allow you to share Your Files with others. You may only share Your Files in which you have all necessary copyright and other rights. If you share a file, anyone with access to that file may view and download copies of the file. You are solely responsible for how you share Your Files and who may access Your Files that you share. You may not share files (a) that contain defamatory, threatening, abusive, pornographic, or otherwise objectionable material, (b) that advocate bigotry, hatred, or illegal discrimination, or (c) if sharing those files violates any law, any intellectual property, publicity, privacy, or other right of others, or any license or other agreement by which you are bound.
(d) Third Party Services. The Cloud Service may allow you to give third party websites, apps, and services (“Third Party Services”) access to Your Files, including the ability to make copies of Your Files, modify or delete Your Files, or create new files on your behalf. The use and storage of Your Files by Third Party Services will be governed by their privacy policies and terms. Amaryllo has no responsibility or liability with respect to your use of Third Party Services or the content, functionality, or acts of Third Party Services you use.
2. Service Plans (a) Service Plans; Trial Plans. The Cloud Service offers plans with different limits and fees (each a “Service Plan”). We may offer trial or promotional Service Plans (“Trial Plans”). Some Trial Plans automatically convert to a paid Service Plan at its regular price at the end of the trial or promotional period unless you choose not to upgrade. If you sign up for a Trial Plan that automatically upgrades, we will charge your credit card at the end of the Trial Plan unless you choose to cancel. Trial Plans may be subject to additional terms.
(b) Fees. The price stated for each Service Plan does not include any taxes that we may charge. Payment is non-refundable, even if you stop using the Cloud Service.
(c) Changing Your Service Plan. If you upgrade your Service Plan, the upgrade will take effect immediately, we will charge you the applicable fee, and your Service Plan term may be extended, as described at the time you upgrade. If you downgrade your Service Plan, unless otherwise specified, the downgrade will take effect at the end of the term of your existing Service Plan. If you no longer have a Service Plan or exceed your Service Plan's storage limit, including by downgrading or not renewing your Service Plan or no longer qualifying for an Additional Benefit (as defined below), we may delete or restrict access to Your Files.
(d) Automatic Renewal. UNLESS YOU NOTIFY US BEFORE RENEWAL THAT YOU WANT TO CANCEL, YOUR PAID SERVICE PLAN WILL AUTOMATICALLY RENEW AT THE END OF ITS TERM, AND YOU AUTHORIZE US (WITHOUT NOTICE) TO COLLECT THE THEN-APPLICABLE FEE AND ANY TAXES FOR THE RENEWAL PLAN, USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU. Service Plan fees and features may change over time. Your renewal plan will be the one we choose as being closest to your Service Plan. You must use a credit card to pay for a Service Plan. Do not sign up for a Service Plan with a debit card. Also known as a “check” or “ATM” card, a debit card typically has the word “debit” printed on the face of the card.
(e) Additional Service Benefits. We may offer additional Service benefits, such as incremental storage capacity or free storage of certain file types, including in connection with other products and services (“Additional Benefits”). Additional Benefits are separate from any Service Plan and are subject to any additional terms and conditions provided with the Additional Benefits or the applicable product or service.
3. Use of the Service (a) Use of Your Amaryllo Account. You may only use your Service Plan in connection with one Amaryllo account. You may not share your account login information (including account username and password) with others or use anyone else's Amaryllo account login information (including username and password). You are responsible for maintaining appropriate security and protection of Your Files.
(b) Usage Restrictions and Limits. The Cloud Service is offered in the Target Country as listed in Amaryllo's Terms and Conditions of Sale. We may restrict access from other locations. There may be limits on the types of content you can store and share using the Cloud Service, such as file types we don’t support, and on the number or type of devices you can use to access the Cloud Service. We may impose other restrictions on use of the Cloud Service.
4. Software (a) Use of the Software. We may make available to you software for your use in connection with the Cloud Service (the “Software”). Your use of the Software is subject to Amaryllo's Terms of Service.
5. Changes; Suspension and Termination (a) Changes. We may change, suspend or discontinue the Cloud Service, or any part of it, at any time without notice. If we discontinue the Cloud Service, we will give you a prorated refund of any fees paid for your Service Plan based on the number of full months remaining in your Service Plan. You agree that you will not be entitled to any refund or rebate and we will not be held liable for any suspensions of the Cloud Service for security reasons, system failure, maintenance and repair, or other circumstances.
(b) Suspension and Termination. Your rights under the Agreement will automatically terminate without notice if you fail to comply with its terms. We may terminate the Agreement or restrict, suspend or terminate your use of the Cloud Service at our discretion without notice at any time, including if we determine that your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of the Cloud Service or harms our interests or those of another user of the Cloud Service. If your Service Plan is restricted, suspended or terminated, you may be unable to access Your Files and you will not receive any refund of fees or any other compensation.
6. General (a) No Waiver. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
(b) Amendment. We may amend the Agreement at our sole discretion by posting the revised terms in the Cloud Service or on www.amaryllo.eu or www.amaryllo.us, but any increase in fees will not affect the cost of your Service Plan during its term. Your continued use of the Cloud Service or the Software after any amendment evidences your agreement to be bound by it.
(c) Contact Information. For communications concerning the Agreement, please write to Amaryllo, Attn: Legal Department, Nieuwezijds Voorburgwal 104-108, 1012 SG Amsterdam, the Netherlands.
(e) Limitations of Liability. Without limiting the warranty disclaimers and limitation of liability in Amaryllo's Terms of Service: (a) in no event will our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Software exceed the amount of fifty U.S. dollars (US$50.00); (b) in no event will our total liability to you for all damages arising from your use of or inability to use the Cloud Service or information, materials or products included on or otherwise made available to you through the Cloud Service (excluding the Software), exceed the amount you paid for the Cloud Service related to your claim for damages; and (c) we have no liability for any loss, damage or misappropriation of Your Files under any circumstances or for any consequences related to changes, restrictions, suspensions or termination of the Cloud Service or the Agreement. We disclaim all liabilities of any kind of our licensors and suppliers. These limitations will apply to you even if the remedies fail of their essential purpose.
User License Agreement
Last Updated: July 23, 2019
By using the software (“Product Software”) that is embedded on the product (“Product”) of Amaryllo Inc. and its subsidiaries and affiliates (collectively, “Amaryllo”, “we” or “us”), you agree to the terms of this User License Agreement (“ULA”) between you and Amaryllo. Your use of (a) the website located at www.amaryllo.eu, www.SoteriaAI.com, www.amaryllo.us and other www.amaryllo.eu or www.amaryllo.us sub-domains (each, a “Site”), (b) services through the Sites (and any updates thereto) (“Web Apps”), and (c) certain software that may be downloaded to your mobile device (and any updates thereto) (“Mobile Apps”) is governed by Amaryllo's Terms of Service. Your purchase of the Product (excluding the Product Software) is governed by Amaryllo's Limited Warranty. This ULA does not govern your use of the Sites, Web Apps, or Mobile Apps, or your purchase of the Product (excluding the Product Software). This ULA governs your access and use of the Product Software.
THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE PRODUCT SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THIS ULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THIS ULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE PRODUCT SOFTWARE AND TO ENTER INTO THIS ULA. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE PRODUCT SOFTWARE.
AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE PRODUCT SOFTWARE. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE PRODUCT SOFTWARE.
AS DESCRIBED BELOW, SECTION 9 DESCRIBES IMPORTANT LIMITATIONS OF THE PRODUCT SOFTWARE AND RELATED SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING AND ACCEPTING THEM.
1. License Subject to your compliance with the terms of this ULA and your payment of any applicable fees, Amaryllo grants to you a limited, non-transferable and non-exclusive license (without the right to sublicense) to execute one (1) copy of the Product Software, in executable object code form only, solely on the Product that you own or control and solely for use in conjunction with the Product for your personal, non-commercial purposes.
2. Restrictions You agree not to, and you will not permit others to, (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Product Software or make the Product Software available to any third party, (b) copy or use the Product Software for any purpose other than as permitted in Section 1, (c) use any portion of the Product Software on any device or computer other than the Product that you own or control, (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product Software, or (e) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Product Software (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact Amaryllo and provide Amaryllo an opportunity to create such changes as are needed for interoperability purposes). You may not release the results of any performance or functional evaluation of any of the Product Software to any third party without prior written approval of Amaryllo for each such release.
3. Automatic Software Updates Amaryllo may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Product Software and related services (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to stop using the Product. If you do not cease using the Product, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Product and the Product Software and you agree to promptly install any Updates Amaryllo provides. Your continued use of the Product is your agreement to this ULA.
4. Ownership The Product Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Amaryllo and its licensors. Amaryllo and its licensors reserve all rights in and to the Product Software not expressly granted to you in this ULA. The Product Software (and all copies thereof) is licensed to you, not sold, under this ULA. There are no implied licenses in this ULA. All suggestions or feedback provided by you to Amaryllo with respect to the Product Software shall be Amaryllo's property. Amaryllo may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Amaryllo does not waive any rights to use similar or related ideas previously known to Amaryllo, developed by its employees, or obtained from other sources.
5. Open Source Certain items of software included with the Product Software are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this ULA. Instead, each item of Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in this ULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software.
6. Term and Termination This ULA and the license granted hereunder are effective on the date you first use the Product Software or Product and shall continue for as long as you own the Product, unless this ULA is terminated under this section. Amaryllo may terminate this ULA at any time if you fail to comply with any term(s) hereof. You may terminate this ULA effective immediately upon written notice to Amaryllo. Upon termination of this ULA, the license granted hereunder will terminate and you must stop all use of the Product Software, but the terms of Sections 2 through 18 (inclusive) will remain in effect, after any such termination.
7. Warranty Disclaimer NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMARYLLO PROVIDES THE PRODUCT SOFTWARE “AS IS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. AMARYLLO DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT SOFTWARE. AMARYLLO MAKES NO WARRANTY THAT THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.
YOU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), THE PRODUCT SOFTWARE, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND AMARYLLO DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY,LIGHTING SYSTEM, HOME, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCT SOFTWARE, OR PRODUCT.
8. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) AMARYLLO BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS OR BENEFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR PRODUCT SOFTWARE, EVEN IF AMARYLLO KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) AMARYLLO’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND PRODUCT SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO AMARYLLO OR AMARYLLO’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. AMARYLLO DISCLAIMS ALL LIABILITY OF ANY KIND OF AMARYLLO’S LICENSORS AND SUPPLIERS.
9. Limitations of Product Software You acknowledge that the Products and Product Software are not certified for emergency response. YOU UNDERSTAND THAT THE PRODUCTS AND PRODUCT SOFTWARE ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM– AMARYLLO DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. In addition, the Amaryllo customer support contacts cannot be considered a lifesaving solution for people at risk in the home, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services or appropriate authorities.
The Product Software provides you with information (“Product Information”) regarding the Products in your home and their connection with other products and services. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing Product Information through the Product Software is not a substitute for direct access of the information in the home.
10. Confidentiality “Confidential Information” shall mean the Product Software and all other information disclosed to you that Amaryllo characterizes as confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least three (3) years after termination of this ULA, provided, however, that any source code you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of Amaryllo. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify Amaryllo in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this ULA, and will cooperate with Amaryllo in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will (i) immediately notify Amaryllo prior to such disclosure to allow Amaryllo an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with Amaryllo in protecting against any such disclosure and/or obtaining a protective order to narrow the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.
11. For Government End Users The Product Software is a “commercial item,” and more specifically is “commercial computer software” and “commercial computer software documentation”. The Product Software is provided to government end users only as a commercial end item and with only those rights as are granted to all other customers pursuant to the terms and conditions herein.
12. Export Compliance The Product Software and related technology are subject to applicable export or import control laws and regulations. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Product Software and related technology, as may be required. You will indemnify and hold Amaryllo harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney's fees) arising from or relating to any breach by you of your obligations under this section.
13. Governing Law; Venue You agree that this ULA, and any claim, dispute, action, cause of action, issue, or request for relief relating to this ULA, will be governed by the laws of Hong Kong, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding relating to this ULA must be brought in a court located in Hong Kong and each party irrevocably submits to the jurisdiction and venue of any such court in any such claim or dispute, except that Amaryllo may seek injunctive relief in any court having jurisdiction to protect its intellectual property or Confidential Information.
14. Assignment Neither the rights nor the obligations arising under this ULA are assignable by you, and any such attempted assignment shall be void and without effect.
15. Notices Any notice to you may be provided by email to the address that you registered with Amaryllo.
16. Severability If any provision of this ULA is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
17. Waiver All waivers by Amaryllo will be effective only if in writing. Any waiver or failure by Amaryllo to enforce any provision of this ULA on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
18. General The Product Software is deemed irrevocably accepted upon your use of the Product Software or Product. Amaryllo will have no responsibility to provide maintenance or support services with respect to the Product Software. The parties are independent contractors.
You acknowledge that the Product Software contains valuable trade secrets and proprietary information of Amaryllo, that any actual or threatened breach of Section 2 (Restrictions) of this ULA will constitute immediate, irreparable harm to Amaryllo for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.
The headings of sections of this ULA are for convenience and are not to be used in interpreting this ULA.
Amaryllo reserves the right to make changes to this ULA. Amaryllo will post notice of modifications to this ULA on this page. You should ensure that you have read and agree with Amaryllo's most recent ULA when you use the Product Software.
Continued use of the Product Software following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised ULA.
Questions or Additional Information. If you have questions regarding this ULA, please contact Amaryllo at email@example.com.
Dropship Terms of Service
Last Updated: November 28, 2019
Amaryllo Dropship is designed to assist business partners in promoting and selling Amaryllo Products online without purchasing a Minimum of Quantity (MoQ). Amaryllo (“Company”) will dropship Products directly to Consumers. Tariff, shipping as well as VAT will be borne by the Company. Partners’ responsibility is to market and promote Company products on their websites. Dropship flow is described below:
1.1. Company will provide Partner a dedicated credit card payment link (the “Credit Link”) so that Consumers may place purchases directly on Partners’online stores. Company reserves the right to reject or accept Purchase Order within two (2) business days.
1.2. Partner forwards Consumers’shipping information to Company. Partner is responsible for entering correct Customer information. In an event of Partner’s negligence resulting in delivery failure, fees or claim incurred by such event shall be borne by the Partner.
2. Ownership of the Products
Partner purchases Products from the Company via the Credit Link. The ownership of the Products will be transferred once Company accepts the Purchase Order and provides the tracking number of the Purchase order to the Partner.
Partner will pay85% of the Recommended Retail Price (“RRP”) to purchase Products from Company via the Credit Link. Company will use the margin to help Partner pay for VAT (10% to 25%), import tax (0% to 20%), insurance, handling, shipping (10% to 15%), cost of Product (40%), etc. for Partner. Partner receives 15% net margin of the RRP (equivalent to 18% of the RRP without VAT)
3.1. Company will ONLY accept the manufacture defective device request during the warranty period for return. Partner will contact Amaryllo to have Consumers to send the Products to Amaryllo before transferring to Amaryllo’s manufacturing partners. If Products are found to be manufacturer’s fault, all expense will be covered by Company’s contract manufacturers. If Products are found to have no issues or damaged by Consumers, Consumers are responsible for all costs and repair fee.
3.2. In the event that Products are to be returned within thirty (30) days due to Consumers’ remorse, Products may be sold as used by Partner. It is Partner’s responsibility to resell or to keep the Products as the ownership of the Products was transferred to Partner at purchase.
upon signing our agreement, Company will register a discount credit card payment link for you. Partners must follow Company’s RRP as shown on Table 1. Failure to honor and follow Company’s pricing policy will result in rejection to fulfilling Partners’ purchase orders. Upon termination of this Agreement or as requested by Company, Partner shall discontinue the use of any promotional material or otherwise and thereafter will not use, either directly or indirectly in connection with its business or any other names, titles of expressions so nearly resembling the same as would likely lead to confusion or uncertainty to the public.
24/7 Professional Monitoring Terms of Service
Last Updated: June 11, 2020
The following 24/7 Professional Monitoring Terms apply to your use of 24/7 Professional Monitoring service (“Service”) and are provided in addition to Amaryllo Terms of Service (the “General Terms”) which can be accessed at https://www.amaryllo.us/terms. In an event of conflict between the General Terms and the terms specified in this document, the latter shall prevail.
1. Definition “Beta Period” (also referred to as “Beta”) refers to a testing period of the Service and is expected to take place from June 15, 2020 to August 15, 2020. We reserve the right to change the starting and ending date of the Beta Period, as well as its duration, at any point in time and without prior notice.
2. Limitation By participating in the Beta, you acknowledge that the Service may contain various bugs, errors and defects and is provided to you on an “as is” basis and without any warranty of any kind whatsoever(express or implied and arising by law or otherwise). You acknowledge that you fully understand the risks associated with the performance, suitability and reliability of Service during the Beta Test period and agree to take all the necessary precautions and obey all the applicable laws to protect yourself and your properties, and agree to refrain from relying on this service as your sole response mechanism to a potential emergency.
Monitoring Service Monitoring service may be provided in connection with a device provided by Company or one or more third party hardware providers. Monitoring service consists solely of monitoring service personnel (“Operator”) communicating electronically with first responders or calling by telephone the telephone numbers supplied by you in writing or electronically for the police, sheriff, fire, medical, ambulance, guard, patrol and response services, and other governmental, quasi-governmental, private or volunteer agencies, departments and organizations (collectively, “First Responders”) and persons identified by you as your emergency contacts (the “Call List”) within a reasonable period of time under the circumstances at the monitoring facility and the priority of the signals which are identified in writing (“Listed Codes”) or video images which, in the operator’s sole and absolute discretion, clearly and conspicuously reveal the necessity for monitoring services appear on the operator’s computer screen at the monitoring facility or when voice communication requesting assistance is received by an Operator from you or from the Premises (collectively, “Monitoring Services”). Monitoring service may also be provided when we relay information delivered to us via an automatic computer-initiated signal (i.e., an API call) when an alarm is triggered. No monitoring service shall be rendered for voice communication which does not request assistance or for video images which do not clearly and conspicuously reveal the necessity for monitoring service. In the event a signal is received at the monitoring facility which is not a listed code, you agree that Company’s sole duty and obligation is for the Company to log the signal (the “Unlisted Code Policy”). If the premises is located in a jurisdiction requiring a personal verified on-Service response (“Verified Response”) prior to dispatching a First Responder, it is your sole responsibility to engage a service to provide such Verified Response. All fees, costs and expenses in connection with verified response shall be borne by you only. Notwithstanding anything contained herein to the contrary, (a) upon receipt of a Listed Code or video images and prior to communicating electronically or by telephone to First Responders or the Call List, Company or Operator may, in its sole and absolute discretion and without any liability, attempt to telephone the premises or attempt to contact you through telephone, electronic mail, text message or other similar means of communication at numbers or addresses provided by you or dealer in writing, as frequently as Company or Operator deems appropriate to verify the necessity to report the receipt of a Listed Code or video images to First Responders or the Call List, and (b) upon the receipt of an abort code or oral or electronic advice to disregard the receipt of a listed code or video images from you or any of your personal contacts on the Call List, all of whom have your authority and consent to direct Company or Operator to disregard receipt of a Listed Code, Company or Operator may, in its sole and absolute discretion and without any liability, refrain from contacting First Responders or the Call List or advise anyone previously notified of a Listed Code or video images of receipt of an abort code or oral or electronic advice to disregard the receipt of the listed code or video images. Company’s or Operator’s efforts to notify first responders or the call list shall be satisfied by advice electronically or by telephone to any person answering the telephone at the telephone number(s) provided to Company in writing or by leaving a message with a telephone answering service or any mechanical, electrical, electronic or other technology permitting the recordation of voice or data communications.
LIMITATION OF MONITORING AND NOTIFICATION SERVICE.
I. Intended Use and No Safety Warranty. The Services are intended to provide some assurance and comfort regarding non-time-sensitive information regarding your premises with installed Products. The Services should not be fully reliable by you or any third party, as such Services are subject to interruptions and failures for many reasons including but not limited to the stability of internet access and the signal of your mobile carrier. You acknowledge such limitations and the very nature of the Services, and agree that we, and our agents, employees, contractors, subsidiaries, dealers, affiliates, parents or partners are not responsible for any damage allegedly caused by the failure or delay of the Services. If you choose to subscribe to the professional call center monitoring service, you agree to be bound by all provisions.
II.No Life-Safety Service and Your Designated Contact. You further agree that the Products and/or Services are not certified for emergency response. Our customer support will only answer your questions regarding the Products and the Services during normal business hours but in no way play a role as lifesaving contact. It is your responsibility to designate one or multiple emergency contacts and to ensure that the appropriate event messages can be relayed to you and your designated contacts. Your designated contacts are authorized to act on your behalf. It is also your and your designated contact’s responsibility to determine the appropriate response to all events and you agree that, upon receiving a notification, you and your designated contact are entirely responsible for the response. Should such a response incur costs, you accept full liability for those costs. If you attempt to use our Products and Services for medical emergency notification, you agree that such use of the Services, regardless of any delay, involves uncertainty, risk and possible serious injury, disability or death, for which you will not attempt to hold us responsible or liable. You acknowledge that the Products may experience signal transmission failures or delays for any number of contributing factors, which makes the Services and resulting notification unpredictable. You acknowledge that the Products has not been designed or programmed pursuant to any laws, codes or rules that may be applicable to your particular premises, including but not limited to any provisions of the National Fire Protection Association or the International Residential Code.
III. Suspensions. Our Services may be suspended temporarily or for certain periods without notice in the case of denial of service, system failure, maintenance, repair, or other circumstances. No credit or refund will be provided for any period during which our Services are suspended or unavailable.
Term and Termination. Unless specifically agreed otherwise when you order monitoring services, we will provide the services to you on a month-to-month basis, unless either party cancels the services through a company website or through any other mechanism provided by the Company. We may suspend monitoring services or terminate the portion of this Agreement pertaining to monitoring services at any time upon providing written notice to you (email sufficing) three (3) days before the suspension or termination date, or immediately in the event that we are unable to provide the monitoring service because of occurrences outside of our control. If your system becomes a “runaway” system or is excessively communicating with our monitoring station without apparent reason, you authorizes and empowers us to, without limitation, do any one or more of the following: ignore all communications received from the system, disconnect the system, or render the system incapable of communicating locally or with our monitoring station by direct or remote programming the removal or deletion of data necessary to operate the system. The exercise of such rights shall not be deemed a waiver of our right to damages, and we shall have the right to enforce all other remedies or rights.
Transmission of Data, Video or Voice. You acknowledge and agree that the system is a non-supervised reporting device. If the transmission medium for delivery of data, video images or voice or other audio communications from your system to the monitoring facility is incompatible with the system or is inoperative, circumvented, compromised or interrupted by natural or human causes including, without limitation, the cutting of the telephone line, radio transmission interference, power line surges or outages, internet or broadband problems and internet or broadband provider problems, there is no indication of this fact at the monitoring facility. Further, you understand that, as applicable, and provided that you have affirmatively opted-in, (i) a video system enables Company to view your premises (“Premises”), and (ii) a two-way voice system enables Company to “listen-in” to your Premises. You authorize and consent to Center viewing your Premises and the area outside of your Premises and listening-in and release Company/Center and representatives for all claims, losses, damages, costs and expenses due to Center viewing your Premises and the area outside of your premises and listening-in to your premises.
Indemnification. If anyone other than you, including your insurance company, asks Company or representatives to pay for any loss, damage or expense (including, without limitation, economic losses, property damage, personal injury or death) due to (i) breach of contract or warranty, express or implied, (ii) active or passive sole, joint or several negligence of any kind or degree by Company or representatives, (iii) failure or malfunction of the system or the monitoring facility, (iv) recording of communications or video surveillance/recording, (v) product or strict liability, or (vi) a claim for subrogation, indemnification or contribution, you agree to pay (without any condition that Company or representatives first pay) for all losses, damages, costs and expenses including, without limitation, attorneys’ fees, which may be asserted against or incurred by Company or representatives.
Suspension of Service. Should there be a termination or suspension of the contract between Company and its third party subcontractor providing monitoring services, or upon termination or suspension of monitoring services for any other reason, or if the system excessively sends video images or signals to Center’s monitoring facility, you unconditionally and irrevocably authorize Center to, without limitation, concurrently or consecutively, do any one or more of the following: ignore all video images and signals received from the system, disconnect the system, or render the system incapable of signaling locally or communicating with the monitoring facility by deletion or modification of data necessary to operate the system and Company’s obligations hereunder are waived automatically without notice to you. You agree that Company’s obligations hereunder are waived automatically without notice and you release Company for all loss, damage and expense in the event the monitoring facility, equipment, or facilities necessary to operate the system or monitoring facility are interrupted, circumvented, compromised, destroyed, damaged, inoperable or malfunction (collectively, an “Interruption”) for any reason whatsoever including, without limitation, Company’s sole, joint or several negligence, for the duration of such interruption of service.
False Alarms. In the event the system is activated for any reason whatsoever, you shall pay, without any right to be reimbursed by Company/Center, all fines, fees, costs, expenses and penalties assessed against you or Company/Center by any court or governmental agency.
Right to Subcontract. Company may, in its sole and absolute discretion, subcontract for the provision of services under this Agreement. You agree that the provisions of this Agreement inure to the benefit of and are applicable to any subcontractors engaged by Company to provide any monitoring service to you, and bind you to said subcontractor with the same force and effect as they bind you to Company. You acknowledge and agree that Company has contracted with Noonlight, Inc. (“Noonlight”), furthermore, you acknowledge your agreement with terms specified on https://www.noonlight.com/terms, excluding sections 3 (Accounts and Registration) and 8 (Payment). Subcontractors that we engage to provide any services under this Agreement are independent contractors, and are not partners, affiliates or joint venturers with Company. You hereby authorize Company to act on your behalf to provide direction to any subcontractor engaged to provide the services to you.
Consent to Intercept, Record, Disclose and Use Contents of Communications. You, for yourself and as the authorized agent of your family, guests, agents, servants, representatives and employees (individually and collectively, “any person”), hereby consent to Company intercepting, recording, retrieving, reviewing, copying, disclosing and using the contents of all telephone, video, wire, oral, electronic, internet, broadband and other forms of transmission or communication to which Company and you or any person are parties.
Video Systems. If the system transmits video images, you shall (i) provide and maintain adequate power and lighting for all cameras or other video-related equipment; (ii) inform all persons on the premises that they may be monitored by video; (iii) not use or permit the use of video installed where any person may have a reasonable expectation of privacy; (iv) use broadband connectivity exclusively to transmit video images from the system; (v) use the video system for security surveillance and management services only; (vi) not use the video system for any criminal, illegal, or otherwise unlawful activity; and (vii) obtain and keep in effect all permits or licenses required for the installation and operation of the video system. You understand and agree that (i) a video system enables Company to record, store and review images of the interior of the premises and the area outside of the premises, and (ii) video with audio capability enables Company to record, store and review oral communications from in and outside of the premises. You hereby agree, authorize and consent to Company recording, storing and reviewing video images and oral communications transmitted from the video system at the premises. monitoring service in connection with the receipt of video images at Company’s monitoring facility consists solely of operator communicating electronically or calling by telephone the proper authorities within a reasonable period of time under the circumstances at the monitoring facility (including, without limitation, the priority of all signals and video images received by the monitoring facility) after video images which, in the operator’s sole and absolute discretion, clearly and conspicuously reveal the necessity for monitoring service appear on the operator’s computer screen at the monitoring facility; provided, that the operator shall not be required to view the video images more than one time as the video images appear on the operator’s computer screen. Notwithstanding anything in the Agreement to the contrary, Company’s obligation to perform monitoring service in connection with any listed code received from any intrusion detection system at the premises is conditioned on (i) receipt of video images from the video system related to the listed code, and (ii) operator’s determination, pursuant to this section, of whether to communicate electronically or call by telephone first responders or the call list.
Push Notification. In the event you elect to receive notice of certain system events, e.g., the arming or disarming of the system, you acknowledge, understand and agree that (i) any such notice is conditioned on (a) receipt of the data at Company’s/Center’s central station, (b) the proper operation of communication equipment, services, systems and networks including, without limitation, the internet, and (c) any failure, malfunction or delay in processing or transmitting the data by Company’s equipment or software, and (ii) Company is hereby released from any liability arising out of or from, resulting from or in connection with the failure, malfunction or delay of any such notice for any reason, including Company’s or representative’s sole, joint or several negligence of any kind or degree.
Consent to Call Subscriber and Call List. You, for yourself and as the authorized agent of each person on your call list from time-to-time, consent to Company calling each such person’s cell phone or other mobile device.
Limitation on Actions. No action, regardless of form or substance, arising out of this Agreement or the performance or nonperformance of any of the parties’ obligations hereunder may be brought more than one (1) year after a party knew or should have known of the occurrence of the event giving rise to such cause of action.
We Are Not an Insurer. You agree that: (i) we are not an insurer of you, other persons living in, or present at your premises, or your premises or its contents; (ii) it is your responsibility to obtain adequate insurance covering you, your premises and its contents, and other members of your household and other affected persons and property; (iii) our service fees are based on the deterrence and other value of the services we provide and our limited liability under this agreement, and not on the value of your premises or its contents, or the likelihood or potential extent or severity of injury (including death) to you or others; and (iv) your camera(s) and our services may not always operate as intended for various reasons, including our negligence or other fault. We cannot predict the potential amount, extent, or severity of any damages or injuries that you or others may incur which could be due to the failure of the camera(s) or services to work as intended. As such you agree that (a) the limits on our liability, waivers and indemnities, set forth in this agreement are a fair allocation of risks and liabilities between you, us and any affected third parties; (b) you will look exclusively to your insurer for financial protection from such risks and liabilities, and (c) you waive all rights and remedies against us, including subrogation, that you, any insurer, or other third party may have due to any losses or injuries you or others incur.