PRODUCT AGREEMENT AND TERMS OF SERVICE FOR STREAMLABS SMARTHOME WATER MONITOR
The following Product Agreement and Terms of Service (hereinafter collectively referred to as the “Terms”) are made and entered into as of the date You agree to or accept these terms and conditions (hereinafter referred to as the “Effective Date”) by and between Streamlabs, having offices at 5000 Highlands Pkwy SE, STE 270, Smyrna, GA 30082, on behalf of itself and its affiliated companies (hereinafter referred to collectively as “Streamlabs”), and You, the user of the product(s), (hereinafter referred to as “User”, “You”, and “Your”). These Terms will govern Your use of the Streamlabs SmartHome Water Monitor, a leak detection and water shutoff product, (the “Product”), as well as any available mobile device applications (the “Application”) usable in connection therewith, and the software, functionality, contained in the Product or any other interface device used in connection therewith and related technical information or documentation (collectively the “Service”).
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. BY ACCESSING OR USING THE SERVICE, OR DOWNLOADING, OPENING AND/OR INSTALLING THE APPLICATION OR ANY RELATED APPLICATION, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, AND ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE SERVICE AND YOU MUST DELETE THE APPLICATION FROM YOUR MOBILE DEVICE. ANY USE BY YOU OF THE SERVICE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS SET FORTH BELOW.
- License Grant and Ownership. Upon and subject to acceptance by User of these Terms, Streamlabs hereby grants User a non-exclusive, non-transferable and non-sublicensable license to use the Service solely in connection with the Product. The Service may be accessed through the Application. User will select a unique password (“Password”) to access the Application. User acknowledges and agrees that all intellectual property rights, including, without limitation, copyrights, patents, trademarks and trade secrets, in the Service, which includes the Product and Application, are owned by Streamlabs. Your possession, access to and use of the Service, including the Product or Application, do not transfer to You or any third party any rights, title or interest in or to such intellectual property.
- Feedback. All suggestions, solutions, improvements, corrections, and other contributions (collectively, “Feedback”) provided by User regarding the Service shall become the sole property of Streamlabs and User hereby assigns all ownership of all Feedback, including all intellectual property rights therein, to Streamlabs. User represents and warrants it has all rights necessary to provide the Feedback to Streamlabs and make the grant of rights above.
- Mobile Application. User and Streamlabs acknowledge that these Terms are entered into between User and Streamlabs only, and not with any mobile application service provider “Application Provider”. Streamlabs is responsible only for the Application. Notwithstanding the foregoing, to the extent that any Application Provider’s terms of service are more restrictive than, or otherwise in conflict with these Terms, User is responsible for compliance with its Application Provider’s terms of service, in addition to continual compliance with the Streamlabs Terms herein. User acknowledges that User has had the opportunity to review its Application Provider’s terms of service and its use of the Service will comply with such terms.
- Service Registration. To use the Service, User must register an account with Streamlabs via the Application. By using the Service, User agrees to: (a) accurately furnish all contact and other information requested by Streamlabs and notify Streamlabs of any change in the information; (b) not use the Service in violation of any laws, regulation, or court order, or for any unlawful or abusive purpose; (c) not use the Service in any manner unintended by Streamlabs; (d) not use the Service in any manner that could harm Streamlabs, its brands, or any other person; and (e) comply with any other reasonable requirements or restrictions requested or imposed by Streamlabs. User shall, at User’s expense, install the Product(s) at Users preferred location.
Any use or access to the Application by anyone under 18 years old is strictly prohibited and in violation of these Terms. If User is not 18 years old, User may register for and use the Application only if User is either is an emancipated minor or possesses legal parental or guardian consent, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
- Streamlabs is not obligated to correct errors or omissions in the Product(s) or Service or ensure proper operation with any other products. Although Streamlabs may from time to time provide Product or Service support, User understands and agrees that Streamlabs has not, and does not thereby, commit to any level of effort or availability.
- Disclaimer of Damages. IN NO EVENT WILL STREAMLABS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCT(S), AND THE SERVICE(S) AND STREAMLABS’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
- Disclaimer of Warranties. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE PRODUCT(S), SERVICE(S), AND ANY INFORMATION PROVIDED BY STREAMLABS TO USER ARE PROVIDED ON AN “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, STREAMLABS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, STREAMLABS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
- Future Availability. User acknowledges that nothing in These Terms shall be construed as a commitment by Streamlabs to continue offering the Product(s) or Service to User or to anyone else in the future.
- Limitation of Liability. STREAMLABS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO USER OR ANY THIRD PARTIES CAUSED BY THE PRODUCTS, SERVICE, CONFIDENTIAL INFORMATION OF STREAMLABS, OR BY STREAMLABS PERFORMANCE OF THESE TERMS. STREAMLABS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF THE PRODUCTS OR SERVICE OR ANY PERFORMANCE OF THESE TERMS WHETHER STREAMLABS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE.
- Indemnity. User shall defend, indemnify, and hold harmless Streamlabs and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to Users use or misuse of the Service or Users breach of these Terms, except to the extent such losses or claims are caused by Streamlabs gross negligence or willful misconduct. Furthermore, User agrees that Streamlabs assumes no responsibility for the content User submits or make available through this Service.
- Intellectual Property Rights. All right, title and interest to all intellectual property with respect to the Product(s) or Service (including, but not limited to software, leak detection algorithms, mobile app and web platform), including that which may be or become protectable by patent, copyright, trademark, trade secret, or similar laws, shall remain exclusively with Streamlabs. No license or other right of any kind is granted by Streamlabs furnishing the Product(s) and Service to User, except for the limited right to use the Product(s) and Service as expressly provided in these Terms. User shall not use Streamlabs copyrights, trademarks, trade names or other intellectual property in any way.
- Security. Streamlabs cannot guarantee that unauthorized third parties will not be able to defeat Streamlabs security measures or use User’s personal information for improper purposes. User acknowledges that User provides its personal information at its own risk.
- Streamlabs reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that Streamlabs will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.
- Reliability of Service. The Service is not intended to be reliable or available 100% of the time. The Service is subject to sporadic interruptions and failures for a variety of reasons beyond Streamlabs control, including Wi-Fi intermittency and internet service provider uptime, among others. You acknowledge these limitations and agree that Streamlabs is not responsible for any damages allegedly caused by the failure or delay of the Service.
- Benefits. Streamlabs does not guarantee or promise any specific level of leak detection from the use of the Product or Service or any feature of them. Actual leak detection varies with factors beyond Streamlabs control or knowledge.
- Product Information. The Service provides User with information (“Product Information”) regarding the Product(s) in Your home. All Product Information is provided “as is” and “as available”. Streamlabs cannot guarantee that it is correct or up to date.
(a) These Terms contains the entire understanding and agreement of the parties relating to the subject matter hereof and supersedes any and all prior arrangements, whether oral or written, with respect to the Product(s) and Service. Any representation, promise or condition not explicitly set forth in These Terms shall not be binding on either party. Any amendments to These Terms shall be in writing and signed by the authorized representatives of each party.
(b) If any term of These Terms shall be held to be illegal or unenforceable by a court of competent jurisdiction, the remaining terms shall remain in full force and effect.
(c) These Terms are personal, indivisible, and non-transferable and may not be assigned, encumbered by security interest or otherwise transferred in whole or in part by User without the prior written consent of Streamlabs. Streamlabs may assign These Terms at any time upon notice to this effect to User.
(d) These Terms shall be governed by and construed in accordance with the laws of the State of Georgia. Each party hereby agrees to the exclusive jurisdiction of the courts of the State of Georgia and agrees not to oppose any action brought in Georgia on the basis that the courts of Georgia are not an appropriate or convenient forum for same.