Your use of Securifi, Inc.’s routers, home automation products, home security products, cloud services, software, and website (collectively referred to herein as the “Products”) is expressly conditioned upon your acceptance of the following terms and conditions (the “Agreement”). If you do not agree with any of the terms or conditions set forth below, you must not use the Products.
A. The Products and all intellectual property rights related thereto are the property of Securifi, Inc. (hereinafter referred to as “Securifi”). None of the content, data, or information found within or accessible through the Products (with the exception of your own content, data, and information) may be copied, reproduced, republished, uploaded, posted, distributed, sold, transferred, or modified without the express written permission of Securifi.
B. The trademarks, logos, and service marks displayed within the Securifi website (having a home page located at www.securifi.com) and within the user interface of all software, routers, home automation products, and home security products offered by Securifi, including without limitation SECURIFI, ALMOND, ALMOND+, and others (collectively, the “Trademarks”) are registered or common law Trademarks of Securifi, or its affiliates, providers, or various third parties. Securifi is not granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Securifi or such other party that may own the Trademarks.
C. The exterior designs, configurations, and functionalities exhibited by certain Products are subject to one or more issued design patents and/or pending utility patent applications. Securifi is not granting, by implication, estoppel, or otherwise, any license or right to use any of such patent rights without the written permission of Securifi.
II. Use of the Products
A. You represent and warrant that you will use and operate the Products according to Securifi’s recommendations. Although Securifi’s home automation products, home security products, Internet routers, and related cloud services are intended to be compatible with certain home networks and appliances, Securifi makes no representations, warranties, or guarantees of any kind regarding such compatibility. Furthermore, Securifi makes no representations, warranties, or guarantees of any kind regarding the ability of its Products, and particularly its home automation products, to effectively control any network or appliance within your home (or other building).
B. In the event that you decide to use a certain dedicated area of the Products, such as any type of private account page within a website controlled by Securifi (e.g., through Securifi’s cloud services), which is described to be “secure” or not generally accessible to the public, you agree and acknowledge that Securifi shall not be responsible for, and you hereby waive any and all claims arising from, any failure of the Products to maintain such security and/or to preclude members of the general public from accessing and viewing such areas of the Products.
C. Any unauthorized use of any content, material, data, or information contained within or accessible through use of the Products, including information and data transmitted to Securifi in connection with its cloud services by others, may violate copyright laws, trademark laws, patent laws, the laws of privacy and publicity, and communications regulations and statutes. Any unauthorized use of such content, material, data, or information, including its unauthorized reproduction, modification, distribution, or republication, without prior written permission of Securifi, or other third party if applicable, is strictly prohibited. The use of such content, material, data, or information within any third party website or in any other environment of networked computers is strictly prohibited.
D. The Products may be used only for lawful purposes. Transmission of any material in violation of any local, state, federal or export control law or regulation is prohibited. This includes, without limitation, material protected by copyright, patent, trademark, trade secret or other intellectual property right used without proper authorization. In addition, with respect to Securifi’s home automation products and related cloud-based services, you agree not to use such Products to access, control, interfere with, or otherwise affect any network or appliance of any third party.
E. When you submit or transfer any content, material, data, or information to Securifi or its servers using or through the Products, you are granting Securifi, and any third-party service providers and affiliates, a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content, material, data, or information in any and all media or distribution methods. You represent and warrant that: (i) you own or otherwise control all rights in and to all such content, material, data, or information, or that the same is otherwise within the public domain, (ii) that you have full authority to submit such content, material, data, or information and to grant the foregoing license set forth herein, and (iii) such content, material, data, or information and any publication thereof within or through the Products does not and will not infringe or violate the rights of any third party, including without limitation any copyright, trademark, privacy , publicity, contract, statutory, common law or any other rights. The content, material, data, or information that you submit may be modified or adapted for purposes of transmission, display, or distribution over computer networks or any media formats, in order to conform to any requirements or limitations in working with such networks, services, devices or media. Securifi does not claim any ownership of the content that you submit, transfer, or provide to Securifi using or through the Products
F. If your use of the Products interferes with others’ use and enjoyment of the Products offered by Securifi, such use shall be deemed to be in violation of this Agreement. Violations of system or network security are prohibited, and may result in criminal and civil liability. Securifi will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
* Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
* Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
* Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
* Distribution of viruses, worms, Trojan horses and other destructive activities.
* Forging of any TCP-IP packet header or any part of the header information in an e-mail, text, or other form of messaging.
* Other activities, whether lawful or unlawful, that Securifi determines to be harmful to its Products, users of such Products, or Securifi’s affiliates, operations, service providers or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Products.
G. Unless otherwise expressly authorized by Securifi, using the Products and/or the information contain therein to send unsolicited, commercial mass e-mails, texts, or other messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited.
H. You shall not, in connection with your use of the Products, publish or transmit any information, data, text, comments, images, files, links, or other material that is, or which Securifi considers in its sole and exclusive discretion, to:
* Be unlawful, harmful, threatening, abusive, harassing, defamatory, offensive, obscene, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable;
* Sell or promote any products or services that are unlawful;
* infringe or violate any copyright, patent, trademark, trade secret or other intellectual property right of any person or entity;
* Harass, embarrass, demean or cause distress or discomfort upon another user or other individual or entity;
* Impersonate, spoof or parody any other person or entity; and/or
* Include any personally identifying information or private information of another person or entity.
I. If Securifi becomes aware that a user of the Products is in violation of this Agreement, Securifi reserves the right to immediately suspend or terminate such user's access to the Products without notice, and to immediately remove any information, data, or content that violates the terms of this Agreement.
III. Age / Responsibility / Identity
A. You represent and warrant that you are of sufficient legal age to use the Products and to create binding legal obligations for any liability you may incur as a result of the use of the Products. You understand that you are financially responsible for all uses of the Products by you and those using the Products on your behalf.
B. You represent and warrant that all information and data submitted to Securifi, including in connection with your registration with the Products and during your establishment of a username and password (e.g., to access and use Securifi’s cloud-based home automation services), are complete and accurate. In the event that any such information becomes inaccurate, you agree to update and correct such information within or using the Products.
C. You agree not to share your password with any third party. If you learn or suspect that your account has been compromised and/or that a third party may have gained access to your password, you will notify Securifi immediately.
IV. User Information
V. Exclusions of Warranty, Disclaimers, & Limitations of Liability
A. While efforts have been made to make the Products helpful, functional, reliable, and accurate, due to the open nature of the Products, the reliance on third party networks and other devices, the reliance on appliance and network compatibility issues, and the potential for errors in the storage and transmission of digital information, Securifi does not warrant the functionality, reliability, or accuracy of the Products or any information obtained using or through the Products.
B. Securifi hereby disclaims any and all damages, claims, and responsibility arising from any problems, loss of data or information, failure to properly operate a home network or appliance, damages to real property, or any other damages that you may experience that arise from your use of or reliance on the Products.
C. SECURIFI MAKES NO WARRANTY OF ANY KIND REGARDING THE PRODUCTS, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. SECURIFI DOES NOT WARRANT THE ACCURACY, COMPLETENESS, FUNCTIONALITY, OR RELIABILITY OF ANY OF THE PRODUCTS AND SECURIFI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
D. SECURIFI ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PRODUCTS. IN NO EVENT SHALL SECURIFI BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES TO REAL PROPERTY, DAMAGES TO TANGIBLE PROPERTY, LOST PROFITS, OR LOST DATA), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THE PRODUCTS, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OF OR INABILITY TO USE ANY PRODUCT), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY SECURIFI OR ANY OF ITS PRODUCTS.
VI. Third Party Content
A. While using the Products, you may choose to link to third party websites that are not affiliated with Securifi. Securifi is not responsible for the contents of those third party websites, or any subsequent links, and has no control over the contents therein, nor is Securifi responsible for the functionality or problems associated with any software that is controlled by any third party.
B. Securifi is not responsible for web casting or any other form of transmission received from any linked website. Any reliance on the contents of a third party website (or third party software) is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. If you decide to access other websites (or use other software) in connection with the Products, you do so at your own risk.
C. Securifi does not represent or warrant that the contents of any third party website are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. All opinions expressed on third party websites are not those of Securifi, and Securifi does not endorse the contents of such third party websites in any way.
VII. Violations of this Agreement
In the event you violate or attempt to violate any part of this Agreement, Securifi reserves the right to terminate your access to the Products immediately, in its sole discretion, with or without notice of any kind. Securifi also reserves the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving the Products.
You agree to indemnify, defend, and hold harmless Securifi and its affiliates, officers, directors, employees, and representatives from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys’ fees and expenses) arising from your use of the Products and/or breach of this Agreement, regardless of the nature of the cause of action or claim.
IX. Website Monitoring & Security Services
A. The following terms and conditions of this Section IX apply to certain website monitoring applications and security services offered by Securifi. If you subscribe to, receive, and/or use such website monitoring applications and/or security services, the terms and conditions of this Section IX shall apply to such subscription, receipt, and/or use of the website monitoring applications and security services, in addition to the other terms and conditions of this Agreement. For the avoidance of doubt, Securifi’s website monitoring applications and security services are considered a “Product,” as defined above and therefore subject to the terms and conditions of this Agreement.
B. Securifi’s website monitoring applications are intended to provide parents with the ability to monitor the websites that are accessed by their children. The website monitoring applications provide users with (i) the identity of the websites visited through Securifi’s router (albeit not the entire URL), (ii) a content rating that Securifi assigns to such websites, (iii) a category label that Securifi assigns to such websites, and (iv) the amount of data consumed by each device connected to such router during the preceding month. The website monitoring information described in (i) – (iii) above will be maintained by Securifi, and accessible to you for viewing, for seven (7) calendar days. Securifi’s security services are designed to monitor the outbound traffic from smart devices that are connected to a Securifi router, and are further designed to notify you, through electronic means, in the event that such devices appear to be acting abnormally or to have been compromised.
C. In addition to the exclusions, disclaimers, and limitations set forth in Section V above, you agree and acknowledge that Securifi makes no representations, warranties, or guarantees (i) that Securifi’s website monitoring applications are accurately monitoring and identifying all websites visited through Securifi’s router; (ii) that the content ratings assigned to such websites are correct and accurate; and/or (iii) that the category labels assigned to such websites are correct and accurate. You agree and acknowledge that Securifi may be unable to monitor, record, and accurately report that certain websites have been visited; you agree and acknowledge that the content ratings and category labels are assigned to such websites according to Securifi’s sole and exclusive discretion; and you further agree and acknowledge that others, including yourself, may disagree regarding the accuracy of such content ratings and category labels. In addition to the exclusions, disclaimers, and limitations set forth in Section V above, you further agree and acknowledge that Securifi makes no representations, warranties, or guarantees that Securifi’s security services are accurately monitoring, identifying, and reporting all abnormal behavior exhibited by, or potential security breaches or compromises of, smart devices connected to Securifi’s routers.
X. Home Security Products
A. The following terms and conditions of this Section X apply to all home security products and services offered by Securifi. If you purchase, subscribe to, receive, and/or use such home security products and services, the terms and conditions of this Section X shall apply to your purchase, subscription, receipt, and/or use of the home security products and services, in addition to the other terms and conditions of this Agreement. For the avoidance of doubt, Securifi’s home security products and services are considered a “Product,” as defined above and therefore subject to the other terms and conditions of this Agreement.
B. The home security products and services offered by Securifi (collectively, “Security Products”) use and rely upon various third party products and services (i.e., products and services that are not designed, manufactured, or controlled by Securifi), including without limitation water sensors, smoke detectors, door sensors, window sensors, Internet networks, smartphone devices, and others. The operation and effectiveness of the Security Products rely upon such third party products and services. Any failure (whether permanent or temporary) by such third party products may impair the operation and effectiveness of the Security Products. Securifi makes no representations, warranties, or guarantees regarding the operability, functionality, reliability, quality, effectiveness, or accuracy of such third party products.
C. The Security Products are designed to communicate problems, such as the detection of fire, water, or a home security breach, via wireless communications (through an Internet router) to a user’s smartphone device. You hereby agree and acknowledge that, in addition to properly functioning third party products and services (as explained in Section X.B above), the ability of the Security Products to promptly notify a user of a problem relies on the presence of a functioning Internet connection, including a connection between the applicable Security Product sensor(s) and the Internet router located within a user’s home, and the Internet connection that is responsible for communicating with a user’s device. Furthermore, the effectiveness of the Security Products to prevent or mitigate damage to real property or injuries to persons may rely on third party emergency responders, such as local police and fire departments (which are outside the control of Securifi). Any failure or delay in any of such Internet connections (and/or such emergency responders) may compromise the operability, functionality, reliability, quality, effectiveness, or accuracy of the Security Products.
E. The Security Products may be offered by, through, or in collaboration with a third party insurance company. Securifi hereby disclaims any and all representations, warranties, or guarantees made by such insurance companies regarding the Security Products, unless otherwise first approved by Securifi in writing. In addition, you hereby agree, acknowledge, and consent to Securifi providing, sharing, and disclosing certain of your personal information and data that are collected by the Security Products with such insurance companies, including information and data that will enable such insurance companies to confirm that the Security Products have been purchased and are being used within a certain home, whether the Security Products appear to be operating within a certain home, problems that the Security Products have detected within a certain home, and other information and data that such insurance companies may request or collect through the Security Products. At your request, if desired, Securifi will provide you with a detailed list of the personal information and data that are collected by the Security Products that are provided to such insurance companies.
F. The Security Products utilize and rely upon third party servers and related cloud-based services. Securifi reserves the right to schedule “downtime” for such third party servers and related cloud-based services, to enable Securifi to update, correct, and/or enhance its Security Products. You hereby agree and acknowledge that the operability, functionality, reliability, quality, effectiveness, or accuracy of the Security Products will be compromised during such “downtime,” which Securifi will attempt to limit to the extent feasible.
A. Any and all rights not expressly granted to you in this Agreement are hereby reserved by Securifi.
B. This Agreement and its performance shall be governed by the laws of the State of New York, United States of America, without regard to its conflict of laws provisions.
C. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. Securifi may assign this Agreement to any purchaser of all or substantially all of the assets to which this Agreement relates.
D. Securifi may at any time amend and modify this Agreement and your continued use of the Products will be conditioned upon the terms and conditions in force at the time of your use. You may not modify this Agreement.
E. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
F. This Agreement constitutes the entire agreement between you and Securifi relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter.
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