Dear friends, welcome to Smartz! Thank you for choosing Smartz's products, websites, services, devices and apps ("Services"). Smartz ("we", "us" or "our") is the global leading SaaS platform provider. We are connecting smart devices and most importantly, you.
The Agreement. Our Privacy Notice, Two-year Limited Warranty, Open
Source Agreement, Software End User Licensing Agreement and Sales Terms
are incorporated into this Terms of Services (collectively referred to
as the "Agreement") by reference as if fully set forth herein.
Binding Contract. The Agreement serves as a guide to help you understand
our Services, and also constitutes a legally binding agreement between
you and Smartz. Your use of our Services indicates that you have read,
accepted and agreed to the Agreement and constitutes your consent to the
Agreement too. You also agree that by registering, accessing or using
our Services, including our free Services, you have agreed to this
Agreement, which is a legally binding contract between you and
Smartz.
Age. As a principle of law, only persons with legal capacity can form a
binding contract with others. Accordingly, (1) if you are under 18, we
cannot offer Services to you because it is our responsibility to protect
you, so please discontinue the use of our Services in the future; (2) if
you are between 13 and 18 (or the equivalent minimum age in the
jurisdiction where you reside), you may only use the Services under the
supervision of a parent or legal guardian who agrees to be bound by this
Agreement. BY USING OUR SERVICES, YOU REPRESENT AND WARRANT TO US THAT
YOU ARE OVER THE AGE OF 18 (OR EQUIVALENT MINIMUM AGE IN THE
JURISDICTION WHERE YOU RESIDE).
Not an Emergency Alert
Service. Smartz's Services are not designed to provide emergency alert
services. By using Smartz's Services you agree that they are not an
emergency response system. Third-party emergency response solutions may
be offered through Smartz, but they will operate independently from
Smartz and Smartz will not be responsible for any services provided by
third parties.
IN THE EVENT OF ANY LIFE/SAFETY EMERGENCY,
PLEASE CONTACT THE POLICE, FIRE DEPARTMENT, 911 OR ANY OTHER APPROPRIATE
EMERGENCY RESPONSE SERVICE IMMEDIATELY INSTEAD OF Smartz.
IF
YOU DO NOT AGREE TO THIS AGREEMENT, YOU WILL HAVE TO IMMEDIATELY CEASE
USING AND/OR ACCESSING OUR SERVICES.
We offer two types of cloud plans
Continuous Plan – Under the continuous plan, you enjoy
60-day intelligent continuous cloud recording; alert clips will be
stored in the Smartz cloud. The first-day recording (00:00-24:00) in
your 60-day cloud plan will be deleted from the cloud server
automatically by the system at 24:00 on the 60th day, even if less than
24 hours’ recording is stored on the first day. PLEASE ALWAYS REMEMBER
TO DOWNLOAD AND/OR BACK UP ANY CLOUD RECORDINGS OR ALERT CLIPS THAT YOU
WOULD LIKE TO RETAIN BEYOND THE STORAGE PERIOD IN YOUR PREMIUM PLAN.
SMARTZ WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOST CLOUD RECORDINGS
OR ALERT CLIPS THAT YOU FAIL TO DOWNLOAD OR BACK UP IN TIME.
Clips Plan – Under the Clips Plan, you enjoy 60-day motion
triggered recording; alert clips will be stored in the Smartz cloud. The
first-day recording (00:00-24:00) in your 60-day clips plan will be
deleted from the cloud server automatically by the system at 24:00 on
the 60th day. PLEASE ALWAYS REMEMBER TO DOWNLOAD AND/OR BACK UP ANY
ALERT CLIPS THAT YOU WOULD LIKE TO RETAIN BEYOND THE STORAGE PERIOD IN
YOUR PREMIUM PLAN. SMARTZ WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOST
CLOUD RECORDINGS OR ALERT CLIPS THAT YOU FAIL TO DOWNLOAD OR BACK UP IN
TIME.
Cloud Plan Billing. For each of the Continuous and Clips Plans, you may
initially subscribe for periods of 1 month or 1 year. Recurring
subscription fees are billed or charged every month or 1 year,
respectively, from the day of your initial subscription. If you
subscribed on the 29th, 30th, or 31st of a month, and such date is later
than the last day of a month in which subscription fees are due, your
subscription will be renewed and billed on the last day of that month.
For example, a 1 month subscription that began on March 31st will be
renewed and billed on April 30th, etc. If any payment is not received in
a timely manner, or if any credit card or similar transaction is
rejected, Smartz reserves the right to process any payment method you
have submitted to retry billing until successful, or to cancel your
subscription plan and to collect any rejection or insufficient funds fee
due.
Automatic Renewal. In order to make sure that your continued use of our
Services is not disrupted, your subscription period of 1 month or 1
year, as applicable, will be automatically renewed when your initial
subscription expires, unless and until you choose to unsubscribe from us
or we cancel your subscription.
Cancellations and Refunds. You may cancel your recurring subscription
through your Smartz account at any time, with or without cause. You may
also cancel by contacting us at [email protected], but may be
required to provide certain forms of authentication and verification of
ownership. If you subscribed to the cloud plan through the iOS in-app
purchase, your subscription and billing is managed by Apple. You will
need to cancel your subscription from your iTunes account or by
contacting Apple. If you subscribed to the cloud plan through Google
in-app purchase, your subscription and billing is managed by Google. You
will need to cancel your subscription from the Google Play Store
settings. Your cancellation date will be in accordance with the time
stamp of the original contact. To avoid future billing, you must cancel
your subscription before the next renewal date. Cloud subscription plans
are not eligible for refunds. As such, after cancellation you will
continue to enjoy access to the cloud plan until the last day of your
current subscription period. After the subscription period ends, you
will no longer be billed the recurring subscription fees, and your cloud
recordings will be permanently deleted and will no longer be accessible
to you.
Certain materials may be displayed or performed on our Services, such as
text, graphics, articles, photographs, audio and video recordings,
images, and illustrations some or all of which are protected by law
("Content"). Content includes information, photos and video and audio
clips that you and other users contribute, upload, post, transmit or
provide us in the course of using our Services, and also includes
comments, questions, feedback or other information that you and others
transmit to us.
The way you use the Contents should not be in violation of applicable
law, third-party or intellectual property rights. If we decide in good
faith that your use of Contents is in violation of the preceding
sentence, we reserve the rights to remove or delete such Contents
promptly, with or without notifying you first.
Information. When registering a Smartz account, you agree to provide to
us true and correct information and to keep your information up to date.
Account Security. You are entirely responsible for maintaining the
confidentiality of your Account information. Please always try to choose
a strong and secure password, and keep your password secure and
confidential. Please notify us immediately once you become aware that
any of your Account information has been compromised. You are
responsible for anything that happens through your account unless you
close it. Smartz is not liable for any loss or damage caused by your
failure to comply with these requirements.
Limited Access. While we aim for Smartz's Services to be reliable and
available, they are not intended to be reliable and available 100% of
the time. The Services are subject to interruptions and failures for a
variety of reasons. By using the Services, you acknowledge these
limitations and agree that Smartz is not responsible for any damages or
losses allegedly caused by any interruptions or failures.
Internet service provider and cell phone charges. Some Smartz Services
require the use of an internet connection. You are responsible for any
service charges incurred as a result of using or accessing the Services
and acknowledge and agree that you will be solely responsible for any
and all disputes with any internet service provider or cell phone
provider related to the use of Smartz Services in any way.
Smartz-provided interface to third-party products and services. Smartz
may offer the opportunity to interface with products and services from
third-parties. These interactions are voluntary, and your explicit
consent is required for these interfaces to occur. By authorizing such
interfaces, you consent to Smartz sharing data, including personal
information, with these third parties to enable the interface you have
authorized. Smartz makes no representations or warranties about the
quality or safety of any third-party products or services or the
interface with third-party products or services. Smartz is not
responsible for your use of third-party products or services, or any
personal injury, death, property damage, or other harm or losses of any
type arising from or relating to your use of any third-party products or
services.
Some local governments require special permits and registration for
emergency response systems. You acknowledge that Smartz is not
responsible for obtaining, maintaining or renewing any applicable permit
or registration and is not responsible for any losses or damages,
including but not limited to, fines and penalties that may arise from a
failure to obtain, maintain or renew any permit or registration.
You agree to comply with all applicable laws, including, without
limitation, privacy and data protection laws, intellectual property laws
and other rights of any third party, tax laws, and other regulatory
requirements in connection with your use of the Services. This may
include applicable laws requiring you to obtain appropriate licenses,
consents and permits before using the Services.
By using our Services, you further agree that you are not located in an
embargoed country and are not listed as a prohibited or restricted party
under applicable export control laws and regulations.
We and our licensors reserve all of our intellectual property rights in
or relating to the Services. You will not gain any ownership or any
proprietary rights in these intellectual property (including patents,
copyrights, trademarks).
You and Smartz are legally obligated to NOT infringe third-party
intellectual property rights. Your Contents and/or the way you use your
Contents should not violate any third-party intellectual property
rights. If there is any violation by you, we reserve the right to take
appropriate steps in good faith to rectify the violation, including
removing the alleged infringing Contents promptly.
Smartz's Services include software. Software may be updated
automatically on your web browser or device once a new version or
feature is available. By using Smartz's Services you consent to allow
these automatic updates. You acknowledge that you may be required to
install any updates or other modifications in order to continue using
Smartz's Services. You may be able to adjust your automatic update
settings on your device's operating system.
Any software component embodied in the Services (including devices) is
licensed to you, and not sold. We (and our licensors) provide you with a
personal, worldwide, non-assignable, non- sublicensable, non-exclusive
license to use the software provided to you as part of the Services.
This license is for the sole purpose of enabling you to use and enjoy
the benefit of the Services in accordance with this Agreement.
If you order a device from us, we will use reasonable commercial endeavors to deliver the Product as soon as possible but occasionally our delivery to you may be affected by an event outside our control. But we will do what we can to accommodate you.
By using our Services you agree that you understand and consent to Smartz's collection, storage and use of your personal data pursuant to Smartz’s Privacy Notice. The Privacy Notice may be updated from time to time so you should check it regularly.
THE WARRANTY FOR PRODUCTS IS SET FORTH IN THE LIMITED WARRANTY. THE
SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, "AS IS" AND
"AS AVAILABLE" AND SMARTZ AND OUR LICENSORS AND SUPPLIERS
EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND
NON-INFRINGEMENT.
SMARTZ AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS
WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS;
(II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE
DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MESHARE OR
THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.
SMARTZ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH OR IN CONNECTION WITH THE PRODUCTS OR SERVICES OR ANY
HYPERLINKED WEBSITE OR SERVICES, AND SMARTZ WILL NOT BE A PARTY TO OR IN
ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF
SUCH PRODUCTS OR SERVICES.
WHEN YOU INSTALL, SETUP OR USE PRODUCTS AND SERVICES LIKE THOSE PROVIDED
BY MESHARE YOU ARE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE
PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE DAMAGE OR LEAD TO
NON-RECOMMENDED OPERATION OF YOUR CONNECTED EQUIPMENT OR SYSTEMS. YOU
ASSUME ALL LIABILITY FOR SUCH DAMAGE WHEN YOU CHOOSE PARTICULAR SETTINGS
OR SET OR ADJUST DEFAULTS.
SMARTZ MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR
ACCESSED THROUGH THE SERVICES, AND SMARTZ WILL NOT BE RESPONSIBLE OR
LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF
MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. SMARTZ MAKES NO
REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS
OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT SMARTZ IS NOT RESPONSIBLE FOR ANY CLAIM
OR LIABILITY ALLEGEDLY CAUSED BY OR ARISING OUT OF OR IN CONNECTION WITH
TRANSMISSION ERRORS.
YOU UNDERSTAND AND AGREE THAT SMARTZ’S SERVICES, WHETHER OR NOT COMBINED
OR INTEGRATED WITH THIRD PARTY SERVICES, DO NOT ELIMINATE OR NECESSARILY
REDUCE THE LIKELIHOOD OF EVENTS OF OCCURRENCES SUCH AS BURGLARIES,
ROBBERIES, FIRES, FLOODS, OR OTHER CRIMES AND NATURAL EVENTS. SMARTZ
MAKES NO WARRANTY OR REPRESENTATIONS (INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) TO THIS EFFECT AND
WILL NOT BE LIABLE FOR ANY DAMAGES.
IN NO EVENT SHALL SMARTZ OR ITS DEVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SERVICES AND ANY PRODUCTS OR ADDITIONAL SERVICES PURCHASED THROUGH THE SERVICES DURING THE 6-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND Smartz'S REASONABLE CONTROL. TO THE EXTENT A JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND EXCLUSIONS DO NOT APPLY.
YOU AGREE TO INDEMNIFY AND HOLD SMARTZ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES HARMLESS (INCLUDING, WITHOUT LIMITATION, FROM ALL DAMAGES, LIABILITIES, SETTLEMENTS, COSTS AND ATTORNEYS' FEES) FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR ACCESS TO THE SERVICE, USE OF THE SERVICE, YOUR VIOLATION OF THIS AGREEMENT, OR THE INFRINGEMENT BY YOU OR ANY THIRD PARTY USING YOUR ACCOUNT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
This Agreement becomes effective and thus binding on you the moment you
start using the Smartz Services.
We may suspend or terminate with immediate effect your access to the
Services (in whole or in part) and/or your account if we reasonably
believe that you are or may be in breach of this Agreement or any
applicable law, are or may be misusing the Services, or if we are
investigating suspected misconduct.
Termination or expiration of this Agreement for any reason shall not
release either you or Smartz from any liabilities or obligations set
forth in this Agreement which (i) you and Smartz have expressly agreed
shall survive any such termination or expiration, or (ii) remain to be
performed or by their nature would be intended to be applicable
following any such termination
By using Smartz's Services, you give Smartz permission to collect,
process, and store data as described in its Privacy Notice. Smartz's
servers are located in the United States of America and your
information, including personal data, may be transferred to the United
States and processed and stored there. Your information, including
personal data, may also be transferred and processed in other countries
where Smartz operates. These countries may not have privacy laws similar
to or as comprehensive as the laws where you reside and/or are a
citizen. When we transfer your personal information to other countries,
we will protect that information as described in our Data Protection and
Privacy Notice or as disclosed to you at the time of data collection. By
using Smartz's Services, or by accessing its websites you explicitly
consent to this transferring, processing, and storage of your
information, including personal information.
This Agreement
is governed and construed in accordance with the laws of the State of
Illinois, United States, without regard to its conflict of law rules.
Smartz with its principle offices at 1401 Interstate Drive, Champaign,
IL 61822.
Severability. If any provision of this Agreement is held to be illegal
or unenforceable or invalid, that provision shall be limited or
eliminated to the minimum extent necessary so that this Agreement shall
otherwise remain in full force and effect and enforceable.
Force Majeure. We are not liable for any failure or delay to perform our
obligations under this Agreement where the failure is due to anything
beyond our reasonable control (for example, natural disasters, flood,
fire, acts of terror, malicious damage, compliance with any law or
governmental order, or mechanical, electronic or communications failure
or degradation).
No waiver. If we fail to insist that you perform any of your obligations
under this Agreement or we do not act or delay in acting to in exercise
a right or remedy provided by this Agreement that does not mean we have
waived our rights or remedies against you and will not mean that you do
not have to comply with your obligations.
Language. This Agreement may be translated into other languages
otherwise than English. To the extent allowed by law, the English
version of this Agreement is binding and other translations are for
convenience only.
Assignment. You may not transfer or assign this Agreement (or your user
account) to anyone without our written consent. We may assign or
transfer this Agreement to our affiliates or to a party that buys us or
an affiliate or parent of ours without your consent by providing you
with notice.
Entire Agreement. This Agreement (including additional terms that may be
provided by us when you engage with a feature of the Services) is the
entire agreement between you and us and supersedes all prior
representations or agreements for the Services. Headings are for
reference purposes only and do not form part of this Agreement.
Amendments. This Agreement will be updated from time to time on a
need-to-update basis. We may notify you of such changes via email or
otherwise reasonable means, depending on what our legal department has
changed. The fun guy in our Legal Department will return and this
Agreement will be more fun to read. We promise that!
We are trying our best to make the terms and conditions of this
Agreement as crystal-clear to you as possible. If you have any
questions, please contact us:
Address: Smartz, 1401 Interstate Drive, STE C. Champaign, IL 61822.
[email protected]
Phone: 217-903-5860
Mon-Fri: 9:00am - 6:00pm CST