1. Definitions. Vera Control, Ltd.’s business is to provide a flexible and easy to use platform for all home and business control solutions, which are extremely energy-efficient and eco-friendly.
2. General. This Agreement sets forth all of the terms and conditions that the end user must comply with. By using this site, the end user agrees to follow all of the terms and conditions listed in this agreement. Vera Control, Ltd. will make its best effort to protect its end user’s privacy and confidentiality to unknown sources, but it is ultimately the end user’s responsibility to protect the end user’s private data such as, but not limited to, passwords, emails, credit card numbers, and other personal information. The end user acknowledges that the internet is not always secure and that any lost or stolen information, while on the internet, is not at the fault of Vera Control, Ltd. and thereby does not hold Vera Control, Ltd. responsible.
Vera Control, Ltd. reserves the right to make our site unavailable, without prior warning, at any time. Whether it be due to repair, server overload, maintenance, business termination, or any other unforeseen reason, the end user accepts that Vera Control, Ltd. and its affiliated websites have the right to delay or shut down its website at any time. Furthermore, Vera Control, Ltd. reserves the right to change or alter any feature on its site without prior warning to the end user.
3. Modified Terms. Vera Control, Ltd. reserves the right to change or alter the terms of service, as listed in this agreement, at any time without prior or subsequent notification. All changes are immediately effective, once it is published on this site and the end user agrees to the terms of agreement by using Vera Control, Ltd. and its current features.
4. Equipment. Vera Control, Ltd. is not responsible for any damage to any of the end user’s equipment from accessing this site.
5. End User Conduct. Vera Control, Ltd. reserves the right to deny or block access to any end user that it deems harmful to the site and its customers or partners. The end user is not allowed to post or transmit any content on Vera Control, Ltd. that violates, in any way, the rights of others, which includes material that is, but not limited to, defamatory, prejudicial, threatening, abusive, unlawful, profane, invades privacy, encouraging of unlawful acts, or which, without Vera Control, Ltd.’ prior written approval, contains advertising or any solicitation with respect to products or services. Any conduct that the end user carries out, which Vera Control, Ltd. deems restrictive or invasive towards other end users and their enjoyment of the site and/or the company, is strictly prohibited. End-users are restricted from using Vera Control, Ltd. and the Vera Control, Ltd. website to promote anything unrelated to Vera Control, Ltd. such as, but not limited to, commercial, non-commercial, religious, political material without the permission of Vera Control, Ltd. . End users are also restricted from soliciting other end users to use other commercial or non-commercial websites that are deemed “competitors” of Vera Control, Ltd..
This provision applies to all of Vera Control, Ltd., its subsidiaries, and partners. If any end user is deemed to have violated this clause, then that end user is liable for any damages caused and may lose all privileges to use this site.
6. Copyright and Trademarks. Everything located on this site is exclusively the property of Vera Control, Ltd. or used with the permission of the copyright or trademark owner. It is strictly prohibited for any end user or any other entity to copy, distribute, alter, link, deep link, or transmit any content that is located on this site, without the permission of Vera Control, Ltd. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.
The end user shall not at any time post, upload, or make available copyrighted or trademarked material on the Vera Control, Ltd. website, without the express permission of the copyright or trademark owner as well as Vera Control, Ltd.. Vera Control, Ltd. holds no responsibility in helping to indicate or determine if any material is copyrighted or trademarked. If the material is in question or the end user is unsure if the material is copyrighted or trademarked, the end user is advised to not post it on the Vera Control, Ltd. website. The end user is held completely responsible, legally and financially, for any copyrighted or trademarked material that the end user uploads or makes available on the Vera Control, Ltd. website. Any material that is uploaded or made available on the Vera Control, Ltd. website by the end user is assumed to have acquired the permission of the holder of the copyright and/or trademark and that Vera Control, Ltd. has the permission to post the image on the site royalty-free and for as long as the site deems necessary. The end user also agrees that Vera Control, Ltd. has the permission to copy, change, alter, and/or distribute any material that is made public on the Vera Control, Ltd. website. Along with Vera Control, Ltd., the end user gives permission for any other end user to copy, change, alter, and/or distribute any content that the first end user made public on the site. Any and all end users are held strictly and solely responsible and liable for any material they post on the Vera Control, Ltd. website.
7. Disclaimer of Warranty; Limitation of Liability. END USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT END USER’S SOLE RISK. None of Vera Control, Ltd., its affiliates, partners, or sponsors guarantee that the use of this site will go uninterrupted or error free. Nor is Vera Control, Ltd. or any of its affiliates, partners, or sponsors held responsible for the accuracy or reliability of the content, merchandise, or services that are posted on this site.
This site is operated on an “as is basis” and thereby does not offer any forms of warranty, unless dictated differently for specific content or those mandated by applicable laws. This disclaimer of liability applies to any damage or injury caused through the use of this website which includes, but not limited to, interruptions, errors, viruses, failures of performance, deletions, delays, violations and/or any forms of transgression. The end user acknowledges that Vera Control, Ltd. is not held responsible or liable for any expected or unexpected damages, which includes physical, mental, psychological, or financial harm that resulted from the use of this site. Vera Control, Ltd. is not to be held responsible or liable for any content that one end user, subscriber, or unauthorized user deems defamatory, crude, untrue, unwelcoming, or harmful. Vera Control, Ltd. is entitled to its opinions and its right to express them. Furthermore any content posted on this site, by Vera Control, Ltd. or any end-user, can be copied, altered, deleted, or distributed by Vera Control, Ltd. at any time. Again, Vera Control, Ltd. is not responsible or liable for any damages caused by the posting of any content on this site.
8. Monitoring. Vera Control, Ltd. reserves the right to monitor any content that is posted or any interactions taking place on its site in order to make certain that all content satisfies the terms set forth by Vera Control, Ltd. in this agreement. Vera Control, Ltd. has the right, but not the obligation, to monitor any or all activity that takes place on its site in order to guarantee that all end users are secure, compliant with these terms as well as applicable laws, and enjoy their experience with the site.
10. License Grant. Any content that the end user posts on the Vera Control, Ltd. website can be reproduced, copied, edited, altered, translated, and distributed through any medium including, but not limited to, computers, internet, print, television, radio. Furthermore, the end user grants us royalty-free, perpetual, irrevocable, and non-exclusive use of any content that the end user posts on the site.
11. Indemnification. End User agrees to defend, indemnify and hold harmless Vera Control, Ltd., its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of this Site by End User.
12. Termination. Vera Control, Ltd. reserves the right to terminate this agreement at any time. Furthermore Vera Control, Ltd. reserves the right to terminate or halt any user accounts or block access to, from any end user that Vera Control, Ltd., at its sole discretion, deems unfit to use the Vera Control, Ltd. website. Any or all clauses proposed in this agreement may survive the termination of this agreement at the sole discretion of Vera Control, Ltd.
What information do we collect?
• We collect information from you when you register on our site or place an order.
• When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
How do we use your information?
Any of the information we collect from you may be used in one of the following ways:
• To personalize your experience (your information helps us to better respond to your individual needs)
• To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
• To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be kept on file for more than 60 days.
Yes (Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
End User License Agreement
This agreement applies to the software and applications associated with certain products provided by Vera Control, Ltd. (Vera). By using the software that is embedded on any Vera product (“Product”), downloaded from Vera, or any other Vera software or application (collectively the “Software”), you agree to the terms of this End User License Agreement (“AGREEMENT”) between you and Vera. If you are entering into this agreement on behalf of an organization, you represent and warrant that you have the authority to enter into this AGREEMENT on behalf of the organization, and that the organization agrees to be bound by all of the terms of this AGREEMENT. You also represent that you are of sufficient legal age in your jurisdiction or area of residence to use or access the software and to enter into this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, OR IF YOU DO NOT HAVE THE LEGAL CAPACITY FOR YOURSELF OR AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE ORGANIZATION, YOU MAY NOT USE THE PRODUCT SOFTWARE.
2. Grant of License
Provided that you comply with all terms and conditions of this AGREEMENT and pay all applicable fees, Vera grants you a non-exclusive, non-transferable, internal, limited license to use the applicable Software hereby licensed to you, in executable object code form only, solely for use on the applicable device that you own or control and solely for use in conjunction with the applicable Products. All rights of every kind that are not expressly granted to you in this AGREEMENT are entirely and exclusively reserved to and by Vera. You may use this Software only as expressly provided in this AGREEMENT. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Product or Software, nor assist or permit anyone else to do so. You may not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software,
3. Vera and Third-party Intellectual Property
The Software and associated documentation and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Vera and its licensors. Vera and its licensors reserve all rights in and to the Software not expressly granted to you in this AGREEMENT. The Software is licensed to you, not sold, under this AGREEMENT. There are no implied licenses in this AGREEMENT. Certain items of independent, third-party code may be included in the Software that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in this AGREEMENT limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. In particular, nothing in this AGREEMENT restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the applicable license. If required by any license for particular Open Source Software, Vera makes such Open Source Software, and Veras modifications to that Open Source Software, available by written request to Vera at the email or mailing address listed below. Any feedback, comments, ideas or suggestions you provide with respect to the Products, Software or related services are the property of Vera and may be used, published or incorporated into Vera Products without further need for permission from you.
4. Vera Services and Third Party Providers
Vera provides certain services to users of its products through third-party vendors and subcontractors it chooses at its discretion. This includes, without limitation, digital photography and video archiving services which are provided as standard features of most Vera home controller products. The standard video archiving services allows users to archive automatically up to 1 GB of video footage, which is stored on servers maintained by third party providers who have contracted with Vera. When a user’s archived data reaches the 1 GB limit, Vera automatically deletes photos and videos on a first-in, first-out basis, unless a user has specifically marked video footage or photographs as not to be deleted.
Vera may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Software (“Updates”). You acknowledge that you may be required to install Updates to use the Software and you agree to promptly install any Updates Vera provides. In addition, you acknowledge that Vera may update the Software without requiring any additional consent or action from you, and you consent to Vera updating the Software, as described above by connecting to the Vera server. If you do not want such Updates, your remedy is to stop using the applicable Internet services in conjunction with the Software or stop using the Software altogether.
This AGREEMENT and the license granted hereunder are effective on the date you first use the Software or Product and shall continue for as long as you own the Product, unless this AGREEMENT is terminated earlier as provided herein. Vera may terminate this AGREEMENT at any time if you fail to comply with any term(s) hereof or fail to pay any fees when due to Vera. You may terminate this AGREEMENT upon written notice to Vera. In the event of any termination of this AGREEMENT or your rights hereunder, all provisions of this AGREEMENT except your rights under the grant of license shall survive such termination and you agree to continue to be bound by these terms. Upon termination, you may no longer use the Software.
7. Disclaimer of Warranty
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VERA PROVIDES THE SOFTWARE “AS IS” WITHOUT WARRANTY OF ANY KIND UNLESS EXPRESSLY STATED OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VERA FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VERA OR A VERA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. VERA MAKES NO WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.
8. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY BUT SUBJECT TO THE LAST SENTENCE OF THIS SECTION, (A) VERA WILL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES RELATING TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF VERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) VERA’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE SOFTWARE AND THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED IN THE AGGREGATE THE PORTION OF THE PAID FEES APPLICABLE TO THE PRODUCTS OR SERVICES RELATING TO SUCH CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY OR REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION OF A REASONABLY SIMILAR PRODUCT, AS DETERMINED IN VERA’S SOLE DISCRETION. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. VERA DISCLAIMS ALL LIABILITY OF ANY KIND OF VERA’S SUPPLIERS, DISTRIBUTORS AND DEALERS. VERA IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. YOU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), THE SOFTWARE, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND VERA DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HVAC SYSTEM, PLUMBING, 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS CONTAINED IN THIS AGREEMENT MAY NOT BE APPLICABLE.
9. Restrictions and Export Controls
You agree to comply with all export and import laws and restrictions and regulations of any applicable United States or foreign agency or authority, and not to export, re-export or import the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. For example, you may not export or re-export any commodities, software, or technical data received from Vera, or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. government, or any applicable foreign governmental authority, unless properly authorized. As applicable, you and Vera each shall obtain and bear all expenses and responsibility relating to any necessary AGREEMENTs and/or exemptions with respect to its own export or re-export of the Software. The information regarding export laws set forth herein is not necessarily complete, and you should refer to the relevant governmental authority for more information.
The Software is commercial in nature, and is a “Commercial Item,” as that term is defined in 48 C.F.R.2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. 252.227-7014(a)(5) and 48 C.F.R. 252.227-7014(a)(1), and used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202, as applicable. Pursuant to 48 C.F.R. 12.212, 48 C.F.R.252.227-7015, 48 C.F.R. 227.7202 through 227.7202-4, 48 C.F.R. 52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, the Software and all related publications, commercial computer software, and commercial computer software documentation are distributed and licensed to United States Government end users, if at all, with only those rights as granted to all other end users, according to the terms and conditions contained in this AGREEMENT.
10. Miscellaneous Legal
(a) This AGREEMENT constitutes the entire agreement between you and Vera concerning the subject matter hereof, and may only be modified by a written amendment signed by you and an authorized executive of Vera. (b) Except to the extent that applicable law (if any) provides otherwise, this AGREEMENT shall be governed by the laws of the State of California, excluding its conflict of law provisions. (c) You expressly agree that jurisdiction for any claim or dispute arising from the use of the Software resides in the federal and state courts of the State of California and you consent to the personal jurisdiction thereof. (d) This AGREEMENT shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (e) YOU AND VERA EACH HEREBY UNCONDITIONALLY WAIVE YOUR AND ITS RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING DIRECTLY OR INDIRECTLY OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OR BREACH OF THIS AGREEMENT, AND/OR THE RELATIONSHIP THAT IS BEING ESTABLISHED BETWEEN YOU AND VERA. The scope of this waiver is intended to be all encompassing of any and all disputes that may be filed in any court or other tribunal (including, without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims). THIS WAIVER IS IRREVOCABLE, MEANING THAT IT MAY NOT BE MODIFIED EITHER ORALLY OR IN WRITING, AND THE WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS, OR MODIFICATIONS TO THIS AGREEMENT, AND RELATED DOCUMENTS, OR TO ANY OTHER DOCUMENTS OR AGREEMENTS RELATING TO THIS TRANSACTION OR ANY RELATED TRANSACTION. In the event of litigation, this Agreement may be filed as a written consent to a trial by the court. (f) If any part of this AGREEMENT is held invalid or unenforceable, that part shall be construed to reflect the parties’ original intent, and the remaining portions remain in full force and effect, or Vera may at its option instead terminate this AGREEMENT. (g) The controlling language of this AGREEMENT is English. If you have received a translation into another language, it has been provided for your convenience only. (h) A waiver by either party of any term or condition of this AGREEMENT or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (i) You may not assign or otherwise transfer by operation of law or otherwise this AGREEMENT or any rights or obligations herein. Vera may assign this AGREEMENT to any entity at its sole discretion. (j) This AGREEMENT shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (k) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.
Last updated March 31, 2017 ▾ UI7 ▾ Version 7.0.20 (1.7.919/1.7.2607/1.7.2608)
VeraProtect Professional Security Monitoring Service
TERMS OF SERVICE
This is an agreement between you (“Subscriber” or “you”) and MiOS Limited (hereinafter “Vera,” “MiOS,” “we,” “us,” or “our” and refers to MiOS Limited and its subcontractors, suppliers and representatives) governing the terms by which MiOS will provide its VeraProtect Professional Security Monitoring Service (“Service”) at the address you supply. MiOS may provide the Service through one or more third party providers under contract with MiOS who specialize in the types of monitoring services described here for your geographic area.
“VeraProtect Professional Security Monitoring Service” “” “CMS” “Service(s)” or “monitoring service,” describes the security alarm service provided by MiOS through licensed operators in each jurisdiction where the Service is offered, which reacts to signals and notifications received at the MiOS Central Monitoring Station sent by the System installed at your residential premises. “VeraProtect Professional Security Monitoring Service” or “Central Monitoring Station” refers to the receiving station where signals are sent from a System for monitoring and response. “Vera System” or “System” means a home automation system and/or security alarm system comprised of components linked to and compatible with a Vera controller. A list of Vera-compatible components may be found at http://getvera.com/compatibility/. Only those components compatible with a Vera controller may be used as part of a System using the Service.
(a) Subscription for VeraProtect Professional Security Monitoring Service. You hereby subscribe for MiOS’s VeraProtect Professional Security Monitoring Services. You acknowledge that alarm signals from your Vera System will be sent to the Central Monitoring Station over your broadband Internet connection or cellular phone network (a “Communications Network”), which is provided by a third party and is not in MiOS’s control. If your Communications Network is out of order or not functioning properly, or if your account with such Communications Network has been disabled, disconnected, placed on vacation or otherwise interrupted, signals from Subscriber’s Vera System will not be received in the Central Monitoring Station and the interruption will not be known to MiOS. In the event that signals are not transmitted, emergency dispatch may not occur. You further acknowledge and agree that signals that are transmitted over these services are wholly beyond MiOS’s control and jurisdiction and are maintained and serviced by the applicable Communications Network. MiOS cannot guarantee the reliability of communications sent through any third party Communications Network.
(b) Upon receipt of a signal from your alarm system, MIOS or its designee central office shall make every reasonable effort to notify you and the appropriate municipal police, fire, or EMS department depending upon the type of signal received. Not all signals will require notification to the authorities. No response shall be required for supervisory, loss of electric or communication pathway, trouble or low battery signals. Neither MiOS nor its designee central office monitors signals transmitted from your premises directly to municipal police, fire, or EMT departments, and MIOS does not assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. You acknowledge that signals transmitted over telephone lines, internet, VOIP, radio or cellular networks, or other modes of communication pass through communication networks wholly beyond the control of MIOS and are not maintained by MIOS, and MIOS is not responsible for any failure that prevents transmission signals from reaching the central office monitoring center or damages arising therefrom, or for data corruption, theft or viruses to your computers if connected to the alarm communication equipment.
(c) You agree to furnish MIOS with a written Call List of names, email addresses and telephone numbers of those persons you would like to receive notification of alarm signals. Unless otherwise provided in the Call List, MIOS will make a reasonable effort to have the first person reached or notified on the list either via telephone call, text or email message. No more than one call to the list shall be required and any form of notification provided for herein, including leaving a message on an answering machine, shall be deemed reasonable notification. All changes and revisions shall be supplied to MIOS in writing. MiOS will keep confidential all your information and data, including Call List information.
(d) Back-Up Communications System. If you subscribe for the CMS Annual Plan, then you may also elect to purchase a back-up communications kit (the “Back-Up Kit”), which contains a backup battery estimated to last for up to 8 hours and a cellular dongle to be connected to the Vera Controller. The backup Kit will enable the VeraProtect Professional Security Monitoring Service to communicate with the Central Monitoring Station over a cellular phone connection with a third party cellular provider, if your Communication Network fails or if your account with the Communication Network expires or terminates for some reason. However, you acknowledge that the Back-Up Kit is designed to communicate through a network provided by a third party provider, just as the primary means of communication between the Vera System and the Central Monitoring Station is through a third party service provider, and MiOS cannot guarantee the reliability of any third party cellular phone service engaged to provide such backup services.
You also acknowledge that the monthly back up data plan included with your VeraProtect Service is limited to 5MB per month. Should your data usage exceed the 5MB’s of data included in your monthly plan, or per month in your annual plan that you have subscribed to, MiOS is authorized by you to charge the credit card used to enroll in the service and used to pay for the monthly subscription fee, or annual subscription fee, $4.95 for an additional 5MB of data, in order to allow the backup cellular service to continue to work during your monthly service subscription period. MiOS may change the cost that is being charged to your credit card of the additional 5MB data with a 30 day advance notice, at which time you may decide to terminate this service.
(e) CUSTOMER RESPONSIBILITY FOR SMOKE AND CARBON MONOXIDE DETECTORS; BATTERY-POWERED DEVICES: You agree that you are responsible for compliance with any law, code and requirements that apply to installation or service of smoke or carbon monoxide detectors. The installation of such devices do not necessarily constitute a fire alarm system as may be required by local code or as described in the applicable standard published by the National Fire Protection Association, NFPA 72; such devices require connection to an electrical outlet and source of electricity, and batteries, for proper operation, and it is your responsibility to regularly test such devices and replace batteries and the device as recommended by device manufacturer. You are solely responsible to check and replace batteries that are low or dead.
(f) NO COMMERCIAL SERVICE. The Services MiOS provides are for consumer and residential purposes only, and not for commercial purposes. Commercial equipment and services may be required to be in compliance with certain standards established by the National Fire Protection Association (“NFPA”). You agree to hold MiOS harmless for any damages that result from your attempted use of this monitoring service in a commercial environment. Subscriber understands that MiOS has, in good faith, notified Subscriber that a commercial fire system should be in compliance with NFPA Fire Standards, and that such commercial fire system is not supported by MiOS for the monitoring services described in this document.
(g) Wireless And Internet or Cellular Service. Subscriber is responsible for supplying high speed Internet access, cellular or other at Subscriber’s premises. MIOS does not provide Internet service, wireless access or communication pathways. MIOS is not responsible for Subscriber’s access to the Internet or any interruption of service or down time of remote access caused by loss of Internet service, radio or cellular or any other mode of communication used by Subscriber to access the system. Subscriber acknowledges that Subscriber’s security system can be compromised if the codes or devices used for access are lost or accessed by others and MIOS shall have no liability for such third party unauthorized access. MIOS is not responsible for the security or privacy of any wireless network system or router. Wireless systems can be accessed by others, and it is the Subscriber’s responsibility to secure access to the system with pass codes and lock out codes. MIOS is not responsible for access to wireless networks or devices that may not be supported by communication carriers and upgrades to Subscriber’s system will be at Subscriber’s expense.
3. SUBSCRIPTION, COMMENCEMENT, RENEWAL, TERMS.
(a) The term (“Term”) of Service shall commence upon Subscriber’s enrollment (“Enrollment”) in the Service. Enrollment shall occur after (1) MiOS has received payment for Central Monitoring Services by the Subscriber covering the initial Term, (2) MiOS has received test signals from the System at your premises at the Central Monitoring Station and such signals have been satisfactorily transmitted and received, and (3) MiOS has authorized Subscriber’s Enrollment in the Service. MiOS will make all reasonable effort to complete this Enrollment within one (1) business day. Subscriber understands and agrees that completing the Enrollment may require the submission of additional forms or fees as required by the jurisdiction of the residence. Subscriber further acknowledges that these forms may cause a delay in the Enrollment process and agrees that MiOS is not responsible for any such delays.
(b) This agreement shall automatically renew each month or year depending on which payment plan you originally agreed to at time of submitting the online form requesting the Service. You may terminate this agreement at any time by notifying MiOS in advance of the renewal date by telephone or by logging into the user’s account in the My Account section, and clicking on the “Cancel Plan” link under the Manage Service column. Under no circumstances will service be pro-rated for partial months of service. Service terms start on the date of enrollment and continue for each month or year ending immediately prior to the same date of the following month or year, as applicable. If you subscribed to an annual plan and you terminate prior to the anniversary date of the plan, you will be charged based on the monthly rate for the months of monitoring service, and the unused balance of the subscription will be refunded (i.e. if the subscriber’s annual plan was $199 per year and the subscriber terminates the plan after 5 months of use when the monthly subscription rate is $20/month, the subscriber would receive a refund of $99).
(c) MiOS may terminate the agreement on 30 days’ notice for any reason and immediately if you are in breach of this agreement. MiOS also may terminate or suspend services if your Communication Network is nonoperational or if your System is sending an excessive amount of false alarms, as determined by MiOS, or if the premises at which your System is installed or the Central Monitoring Station is destroyed by fire or any calamity. Termination of this agreement applies solely to the provision of the VeraProtect Professional Security Monitoring Service. Termination of this agreement in no way disables any self-monitoring functionality otherwise enabled by the System installed at the residence.
4. SUBSCRIBER REPRESENTATIONS. You represent and warrant that: (i) your identity and the contact information you have provided is accurate; (ii) you are 18 years old or older; and (iii) you are authorized to enter into this agreement. You further represent and warrant that you are is the owner of the Vera installed at the residence or that you are otherwise authorized by the owner of the controller to enroll in this Service and have full access to and control over the physical installation of the System as well as full account privileges on the controller.
5. PAYMENT. Full payment is due and charged to the your credit card for the applicable Term, both the initial Term and any renewal Term, by the first day of that Term. In most situations MiOS will process payment automatically using the mode of payment you used when initially signing up for the service kept on file. If a charge is declined, MiOS will notify you by E-mail, telephone, or letter by US Mail. If you do not otherwise provide full payment within five (5) days of the first day of the renewal Term, MiOS may at its election declare a breach and terminate the Services at the end of any full billing period for which you already paid and immediately if any current period has not been paid for in full. MiOS shall be entitled, in the event of default, to the immediate payment of all sums then due together with all damages due MiOS for the balance of the initial or any renewal term of this agreement. You will not receive a refund for the then current month if you terminate this agreement prior to the end of the then current period.
6. EQUIPMENT. MiOS agrees to monitor the System, which may include components not installed by MiOS. MiOS makes no representation as to suitability or condition of Subscriber’s equipment or System, as installed. MiOS assumes no responsibility whatsoever for the maintenance, operation or non-operation, actuation or non-actuation, of your existing equipment. MiOS reserves the right to terminate service under this Agreement in the event your existing equipment and System is not in good operating condition and MiOS will not be liable for any damages or penalties as a result of termination.
7. SERVICE INTERRUPTION. MiOS shall not be responsible for interruption of service due to, but not limited to, any telephone, Internet, radio, cellular services, WIFI, or cable lines failure. Under no circumstances shall MiOS be responsible or liable for any delay, failure of performance or malfunction due to communication lines under the control of other companies or other utilities, including cable companies, or due to malfunctioning cellular systems. If the system is radio, MiOS will not be held liable when signal is not received. In the event of any disruption in the network between a System and the network interface, or in the event of any change in the network beyond the parties’ control which causes the monitoring system to not recognize or associate signals from a System, then signals from a System may not be received, the failure to receive such signals may not be known, and MiOS shall not be responsible for any monitoring during such period of disruption or change. In addition, various services provided by a Subscriber’s network provider, such as call blocking, call restricting, voice over internet protocol, or service problems such as suspension of service, disconnection of service, or interference of network services, may prevent a System from correctly communicating with MiOS. MiOS is not responsible for hardware and/or software changes made by network providers (including landline, cable, cellular and Internet) which negatively affect MiOS’ ability to recognize signals and provide Services. If Subscriber has installed or intends to install digital or other broadband service, IMMEDIATELY AFTER THE INSTALLATION OF DIGITAL OR OTHER BROADBAND SERVICE, SUBSCRIBER MUST TEST THE SYSTEM’S SIGNAL TRANSMISSION WITH THE CENTRAL MONITORING STATION. Subscriber is to receive no credit if the System is temporarily cut off or out of service for any reason.
8. INSURANCE. While this Service is designed to monitor a System in order to reduce certain risks of loss or damage, MiOS cannot guarantee that loss or damage will not occur. MiOS encourages its Subscribers to carry adequate insurance to safeguard their valuables. Adequate insurance would compensate Subscriber’s losses including but not limited to losses due to burglary, hold up and fire in case of transmission problems due to severance of telephone lines or due to development of shorts or grounds, which may affect the system and the transmission of signals to the Central Monitoring Station. Electronic alarm systems are not foolproof. They do not replace insurance. MiOS is in no way an insurer of a Subscriber’s person or premises against loss or damage. Any payments made by a Subscriber relating to these Services are therefore based solely upon the value of the Services, and are unrelated to the value of any property or persons located on a Subscriber’s premises.
9. LICENSING AND PERMITTING.
(a) Subcontracted Services Provided by Licensed Third Parties. MiOS subcontracts with third parties for CENTRAL MONITORING SYSTEM services. Third party OPERATORS ARE LICENSED AND REGULATED IN ANY STATE WHERE SERVICE IS OFFERED, and where licensing of security monitored systems is required. MiOS will supply applicable license information on request.
(b) Subscribers May be Required to Obtain Permits. Some jurisdictions require consumers to obtain permits in order to lawfully operate systems that include central monitoring such as may be provided by Mios and its subcontracted third party providers. Mios makes no representations or warranties about permitting requirements that may be required by Subscriber’s city, country or municipality. It is Subscriber’s sole responsibility to obtain the necessary permitting from Subscriber’s city, county or municipality where such permitting is required.
10. WARRANTY. Equipment included or installed in a System may carry limited warranties from MiOS or the applicable manufacturer. These Terms of Service are not intended to and do not alter, nullify or expand upon such warranties in any way. MiOS makes no other express or implied warranties as to any matter whatsoever, including, and without limitation, the condition of any System or its fitness for any particular use. MiOS MAKES NO WARRANTY OR GUARANTY WHATSOEVER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF ITS SERVICES FOR A PARTICULAR PURPOSE, THAT A SUBSCRIBER’S ELECTRONIC PROTECTIVE SYSTEM OR THESE MONITORING SERVICES WILL PREVENT OR AVERT OCCURRENCES OR CONSEQUENCES THAT THE PROTECTIVE SYSTEM OR SERVICES ARE DESIGNED TO DETECT OR AVERT. WE MAKE NO WARRANTIES OTHER THAN THOSE EXPRESSED IN WRITING, AND NO REPRESENTATIVE OF MIOS HAS ANY AUTHORITY TO MAKE ANY ADDITIONAL WARRANTIES OR OTHERWISE VARY THESE TERMS.
11. SYSTEM TESTING. Subscriber agrees to carefully and properly test the System on a regular basis, including with walk test if movement detection devices are installed as part of the System, and will take corrective action if an operating defect is observed. If excessive false alarms are caused by carelessness, malicious, or unintended use of the System, MiOS may, at its sole discretion, deem same to be a material breach of contract on part of Subscriber and may be excused from further performance. Subscriber agrees to eliminate conditions or factors interfering with the proper operation of installed devices or which may cause false alarms.
12. NOTICE AND NOTIFICATION. SUBSCRIBER AGREES TO IMMEDIATELY NOTIFY MIOS IN WRITING OF ANY SYSTEM CHANGES THAT WOULD AFFECT THE TRANSMISSION OF SIGNALS TO THE CENTRAL MONITORING STATION. Changes to be notified include, but are not limited to, telephone number changes, signal transmission service provider changes, peripheral installation that affects alarm communication, or equipment loss or damage that prevents alarm communication. Subscriber further agrees to keep MiOS apprised of a current and valid email address for Subscriber. Failure to keep MiOS apprised of a current and valid email address may prevent Subscriber from receiving notices from MiOS and may, at MiOS’s discretion, constitute a material breach of this agreement.
13. RECONNECTION. A reconnect charge is to be paid by Subscriber if the Service is terminated because of an unpaid balance or other breach and Subscriber desires the Service to be reinstated.
14. MiOS IS NOT AN INSURER; LIQUIDATED DAMAGES; LIMITATION OF LIABILITY.
(a) Subscriber understands and agrees: That MiOS is not an insurer: that insurance, if any, shall be obtained by the Subscriber: that the payments provided herein are based solely on the value of the services set forth herein and are unrelated to the value of the Subscriber’s property or the property of others located on Subscriber’s premises; that MiOS makes no guaranty or warranty, including any implied warranty of merchantability of fitness that the System or Services supplied will avert or prevent occurrences or the consequences therefrom which the system or service is designed to detect. MiOS shall be exempt from all liability for loss or damages, including consequential or incidental damages, due directly or indirectly to occurrences, or consequences therefrom, which a System and Services are not designed to detect or avert. IN NO EVENT SHALL MIOS BE LIABLE TO SUBSCRIBER FOR LOSS, PERSONAL INJURY OR PROPERTY DAMAGE SUSTAINED BY SUBSCRIBER AS A RESULT OF INTRUSION, BURGLARY, THEFT, HOLD-UP, FIRE, EQUIPMENT FAILURE, SMOKE, CARBON MONOXIDE OR ANY OTHER CAUSE WHATSOEVER, REGARDLESS OF WHETHER OR NOT SUCH LOSS OR DAMAGE WAS CAUSED BY OR CONTRIBUTED TO BY MIOS’S NEGLIGENT PERFORMANCE TO ANY DEGREE IN FURTHERANCE OF THIS AGREEMENT, ANY EXTRA CONTRACTUAL OR LEGAL DUTY, STRICT PRODUCTS LIABILITY, OR NEGLIGENT FAILURE TO PERFORM ANY OBLIGATION PURSUANT TO THIS AGREEMENT OR ANY OTHER LEGAL DUTY OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGE RELATING TO ANY OF THE FOREGOING. IN THE EVENT OF ANY LOSS OR INJURY TO ANY PERSON OR PROPERTY, SUBSCRIBER AGREES TO LOOK EXCLUSIVELY TO SUBSCRIBER’S INSURER TO RECOVER DAMAGES.
SUBSCRIBER RELEASES MIOS AND ITS SUBCONTRACTORS FROM ANY CLAIMS FOR CONTRIBUTION, INDEMNITY OR SUBROGATION. SUBSCRIBER SHALL INDEMNIFY AND HOLD HARMLESS MIOS, ITS EMPLOYEES, AGENTS AND SUBCONTRACTORS, FROM AND AGAINST ALL LOSSES RELATING TO CLAIMS, LAWSUITS, OR PROCEEDINGS, INCLUDING THOSE BROUGHT BY THIRD PARTIES, INCLUDING REASONABLE ATTORNEYS’ AND EXPERT WITNESS FEES, ALLEGED TO BE CAUSED BY MIOS’S PERFORMANCE, NEGLIGENT PERFORMANCE, OR FAILURE TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT. PARTIES AGREE THAT THERE ARE NO THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. SUBSCRIBER ON ITS BEHALF AND ON BEHALF OF ANY OF ITS INSURANCE CARRIERS WAIVES ANY RIGHT OF SUBROGATION OR CONTRIBUTION SUBSCRIBER’S INSURANCE CARRIER MAY OTHERWISE HAVE AGAINST MIOS OR MIOS’S SUBCONTRACTORS ARISING OUT OF THIS AGREEMENT OR THE RELATION OF THE PARTIES HERETO.
(c) Subscriber acknowledges that it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from a failure to perform any of the obligations herein, or the failure of the system to properly operate with resulting loss to Subscriber because of, among other things:
a. The uncertain amount or value of Subscriber’s property or the property of others kept on the premises which may be lost, stolen, destroyed, damaged or otherwise affected by occurrences which the system or service is designed to detect or avert;
b. The uncertainty of the response time of any police or fire department, should they be dispatched as a result of a signal from or at premises;
c. The inability to ascertain what portion, if any, of any loss would be proximately caused by MiOS’s failure to perform or by its equipment to operate;
d. The nature of the service to be performed by MiOS
If MiOS is found liable for loss or damages due to a failure of System or the Services in any respect or the failure of MiOS to perform, or its negligent performance of, any of the obligations herein, its liability shall be limited to a sum equal to the lesser of the fees paid by the affected Subscriber or $250, as liquidated damages and not as a penalty. This section is Subscriber’s exclusive remedy if loss or damage, irrespective of cause or origin, results directly or indirectly to person or property from MiOS’s performance or non-performance, or from the negligence of MiOS or its agents or employees.
15. FINES, TAXES, and FEES. Subscriber is solely responsible for the payment of any applicable taxes, sales taxes, permit fees, false alarm fees or assessments required by the local jurisdiction of Subscriber’s residence with regard to the Service. Subscriber agrees to be current on all local charges as a condition of using the Service.
16. DISPATCH. In the event of an alarm signal from premises is received by MiOS during the Term the alarm signal will be transmitted to local police, fire department, EMS or persons designated by Subscriber. Subscriber understands and acknowledges that each police, fire department, EMS or other responder sets their own policies on response to such alarm signals and it is Subscriber’s responsibility to determine through consultation with such responders whether and how a response will be made in the jurisdiction in which Subscriber resides. Subscriber hereby authorizes MiOS, at MiOS’s discretion, to cause the arrest of anyone found on the premises without authority to enter and cause him to be held until released by Subscriber or his representative. In the event local authorities refuse to respond to an alarm signal at the premises, MiOS will notify Subscriber by attempting to reach Subscriber or a representative designated by Subscriber on the call list (“Call List”) provided by Subscriber by telephone until an approved member of the Call List is contacted. In the event MiOS, or its subcontractor, cannot reach an approved member of the Call List, leaving a voice mail or recorded message constitutes sufficient notification by MiOS to Subscriber.
19. PRICE INCREASES. MiOS shall have the right, upon 30 days’ notice to Subscriber, to increase the monthly charges provided herein and Subscriber agrees to pay the same. If Subscriber is unwilling to pay the increased monthly or annual charge, Subscriber must notify MiOS in writing within thirty (30) days from the date of notice of the increase that Subscriber intends to terminate its use of the Service at the next renewal date thereafter. Subscriber’s failure to notify MiOS within said thirty (30) days shall constitute Subscriber’s consent to the increase.
20. DISHONORED PAYMENTS. MiOS will charge $30.00 or the highest amount allowed by law, whichever is less, for any payment instrument (including credit card chargebacks) tendered by Subscriber and returned unpaid by a financial institution for any reason. Subscriber agrees to reimburse us the fees of any collections agency, which may be based on a percentage at a maximum of 35% of the debt, and all costs and expenses, including reasonable attorney’s fees, we incur in such collections.
21. SEVERABILITY. If it turns out that a particular term in this agreement is not enforceable, all of the remaining terms and provisions shall remain in full force and effect.
22. LIABILITY. MiOS assumes no liability for failure to perform because of labor trouble, riots, floods, acts of God, or any catastrophe or condition beyond its control and is not required to perform service while any such condition exists. MiOS shall have the right to cancel an existing agreement without or with notice in the event the Subscriber’s transmission service provider ceases service for reason, or if Subscriber’s premises including telephone lines or Central Monitoring Station should be destroyed by fire or any calamity.
23. ASSIGNABILITY OF AGREEMENT. This agreement is not assignable by Subscriber without written consent of MiOS. MiOS shall have the right to assign this agreement or subcontract any of the Services governed by this agreement.
24. CHOICE OF LAW AND VENUE. This agreement shall be governed by the laws of the State, and all actions and proceedings shall be brought in the county or partish, where the Subscriber resides. laws of California will apply to any disputes arising out of or relating to these terms or the Service. YOU AND MIOS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
25. LEGAL ACTION / EARLY TERMINATION / LIQUIDATED DAMAGES / CLASS ACTION WAIVER / ARBITRATION: YOU AGREE THAT DUE TO THE NATURE OF THE SERVICES TO BE PROVIDED BY MIOS, THE PAYMENTS TO BE MADE BY YOU FOR THE TERM OF THIS AGREEMENT FOR MONITORING OF THE ALARM SYSTEM AND SERVICE PLAN IS AN INTEGRAL PART OF MIOS’S ANTICIPATED PROFITS; THAT IN THE EVENT OF YOUR DEFAULT IT WOULD BE DIFFICULT IF NOT IMPOSSIBLE TO FIX MIOS’S ACTUAL DAMAGES. THEREFORE, IN THE EVENT YOU DEFAULT IN ANY PAYMENT OR CHARGES TO BE PAID TO MIOS, THE BALANCE OF ALL PAYMENTS FOR THE ENTIRE TERM SHALL IMMEDIATELY BECOME DUE AND PAYABLE, UNLESS YOU MAKE SUCH PAST-DUE PAYMENT, TOGETHER WITH ANY LATE-FEES WITHIN TEN (10) DAYS OF THE DATE ON WHICH THE UNPAID INSTALLMENT WAS DUE AND YOU SHALL BE LIABLE FOR 80% THEREOF AS LIQUIDATED DAMAGES AND MIOS SHALL BE PERMITTED TO TERMINATE ALL ITS SERVICES UNDER THIS AGREEMENT AND TO REMOTELY RE-PROGRAM OR DELETE ANY PROGRAMMING WITHOUT RELIEVING YOU OF ANY OBLIGATION HEREIN INCLUDING BUT NOT LIMITED TO TERMINATING MONITORING SERVICE. IN THE EVENT YOU BREACH THIS AGREEMENT YOU AGREE TO PAY 1/60 OF THE WAIVED PURCHASE PRICE FOR EACH MONTH REMAINING ON THE ORIGINAL TERM OF THIS AGREEMENT IN ADDITION TO THE LIQUIDATED DAMAGES FOR THE REMAINING TERM OF THE MONITORING CHARGES.
IN CA IF SUBSCRIBER DECIDES TO TERMINATE BEFORE THE END OF THE TERM, SUBSCRIBER MAY DO SO BY PAYING ANY AMOUNT SUBSCRIBER OWES AT THAT TIME PLUS AN EARLY TERMINATION FEE EQUAL TO 80% OF THE BALANCE OF ALL PAYMENTS FOR THE ENTIRE TERM OF THIS AGREEMENT, AND MIOS SHALL BE PERMITTED TO TERMINATE ALL ITS SERVICES, INCLUDING BUT NOT LIMITED TO REMOTELY RE-PROGRAMMING OR DELETING ANY PROGRAMMING WITHOUT RELIEVING SUBSCRIBER OF ANY OBLIGATION HEREIN. SUBSCRIBER AGREES THAT THE EARLY TERMINATION FEE IS FAIR BASED UPON THE EXPENSES INCURRED BY MIOS IN PROVIDING SUBSCRIBER WITH ALARM EQUIPMENT AND SERVICES, ITS COSTS, AND ANTICIPATED PROFITS. IN NC, MIOS SHALL PROVIDE NOTIFICATION TO SUBSCRIBER BY VERIFIED PERSONAL SERVICE OR CERTIFIED MAIL AT LEAST 10 DAYS PRIOR TO CESSATION OF THE SERVICE(S), UNLESS SUBSCRIBER INITIATES TERMINATION OR RELOCATES. YOU AND MIOS AGREE THAT YOU AND ANYONE SUCCEEDING TO YOUR RIGHTS MAY BRING CLAIMS AGAINST MIOS ONLY IN YOUR OR THEIR INDIVIDUAL CAPACITY AND NOT AS A CLASS ACTION PLAINTIFF OR CLASS ACTION MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. SUBJECT TO SUBSCRIBER’S RIGHT TO BRING ANY CLAIM AGAINST MIOS FOR UP TO $1,000 IN SMALL CLAIMS COURT HAVING JURISDICTION, IN FURTHERANCE OF THE FEDERAL ARBITRATION ACT, YOU AND WE AGREE THAT ANY DISPUTE BETWEEN YOU AND MIOS OR ARISING OUT OF THE PURCHASE OR USE OF THE PRODUCT, INCLUDING ISSUES OF ARBITRABILITY, SHALL, AT THE OPTION OF ANY PARTY, BE DETERMINED BY ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY ARBITRATION SERVICES INC., UNDER ITS ARBITRATION RULES WWW.ARBITRATIONSERVICESINC.COM, EXCEPT THAT NO PUNITIVE DAMAGES MAY BE AWARDED. SERVICE OF PROCESS OR PAPERS IN ANY LEGAL PROCEEDING OR ARBITRATION BETWEEN THE PARTIES MAY BE MADE BY POSTAGE PREPAID FIRST-CLASS MAIL DELIVERED BY THE U.S. POSTAL SERVICE ADDRESSED TO THE PARTY’S ADDRESS.
IF MIOS PREVAILS IN ANY LITIGATION OR ARBITRATION BETWEEN THE PARTIES, SUBSCRIBER SHALL PAY MIOS’S LEGAL FEES. THE PARTIES WAIVE TRIAL BY JURY IN ANY ACTION BETWEEN THEM, EXCEPT IN CA, GA, KS, AND NC, and WHERE THE AMOUNT IN CONTROVERSY DOES NOT EXCEED $1,500, IN OK, AND UNLESS PROHIBITED BY LAW. SUBSCRIBER ACKNOWLEDGES THAT ITS WAIVER OF THE RIGHT TO A JURY TRIAL IS DONE VOLUNTARILY AND KNOWINGLY, AND FREE FROM DURESS OR COERCION. SUBSCRIBER UNDERSTANDS THAT IT HAS A RIGHT TO CONSULT WITH A PERSON OF ITS CHOOSING, INCLUDING AN ATTORNEY, BEFORE SIGNING THIS DOCUMENT. IN ANY ACTION COMMENCED BY MIOS AGAINST SUBSCRIBER, SUBSCRIBER SHALL NOT BE PERMITTED TO INTERPOSE ANY COUNTERCLAIM, EXCEPT IN MS, WHERE SUBSCRIBER ONLY AGREES TO WAIVE COUNTERCLAIMS TO THE EXTENT PERMITTED BY MISSISSIPPI CODE § 75-24-15. YOU AGREE THAT ANY ACTION OR ARBITRATION BY YOU AGAINST MIOS MUST BE COMMENCED WITHIN ONE YEAR OF THE ACCRUAL OF THE CAUSE OF ACTION OR SHALL BE BARRED EXCEPT IN AL, ID, MT, OK, ND, and SD and UNLESS OTHERWISE PROHIBITED BY LAW. ANY ACTION OR ARBITRATION YOU BRING AGAINST MIOS MUST BE BASED ON THE PROVISIONS OF THIS AGREEMENT; ANY OTHER ACTION OR ARBITRATION THAT YOU MAY HAVE OR BRING AGAINST MIOS IN RESPECT TO ITS PRODUCT SHALL BE DEEMED TO HAVE MERGED IN AND BE RESTRICTED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND THIS CONSENT TO ARBITRATE SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
Subscriber understands that this agreement with MIOS contains an option to arbitrate which may be exercised by any party. After signing this document, Subscriber understands that if any party exercises this option, Subscriber may not be able to bring a lawsuit concerning any dispute that may arise which is covered by the arbitration agreement, unless it involves a question of constitutional or civil rights. Instead, Subscriber agrees to submit any such dispute to an impartial arbitrator at the option of any party. THE RULES IN ARBITRATION ARE DIFFERENT. THERE’S NO JUDGE OR JURY AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS STATED IN THE AGREEMENT AS A COURT WOULD.
26. TERMS IN EFFECT. The Subscriber has the right to request a paper copy of this agreement from MiOS at any time, at no charge. Such request may be made in writing or by contacting MiOS at 1-800-624-6866. The Subscriber may print a copy of this agreement before submitting it to MiOS. The Subscriber may also save this agreement in Adobe PDF format. This agreement is also available at www.getvera.com. MiOS reserves the right to change or amend these terms at any time and will notify the Subscriber 30 days before the amended terms take effect. If Subscriber is unwilling to be bound by the updated terms, Subscriber must notify MiOS before the date the amended terms take effect that it intends to terminate its use of the Service at the next renewal date. Subscriber agrees that failure to notify MiOS before the amended terms take effect shall constitute Subscriber’s consent to be bound to those new terms.
VeraSentinel Intelligent Camera Management
TERMS OF SERVICE
This is an agreement between you (“Subscriber” or “you”) and MiOS Limited (hereinafter “Vera,” “MiOS,” “we,” “us,” or “our” and refers to MiOS Limited and its subcontractors, suppliers and representatives) governing the terms by which MiOS will provide its VeraSentinel Intelligent Camera Management Service at the address you direct. MiOS may provide the Service through one or more third party service providers under contract with MiOS who specialize in the types of services described here for your geographic area.
“VeraSentinel Intelligent Camera Management Service(s)” or “Service(s)” means the services provided by MiOS through third party providers, allowing subscribers to store photos and video footage captured with home security cameras. In particular, all video footage is stored on servers hosted by third parties subcontracted by MiOS. The Service also provides Subscribers with additional functionality for the operation of home security cameras, as described in detail on the MiOS VeraSentinel Intelligent Camera Management Service webpage at www.getvera.com/verasentinel.
“Vera System” or “System” means a home automation system and/or security alarm system comprised of components linked to and compatible with a Vera controller. A list of Vera-compatible components may be found at http://getvera.com/compatibility/. Only those components compatible with a Vera controller may be used as part of a System using the Service.
2. SERVICE; SUBSCRIPTION FOR SERVICE.
(a) Description of VeraSentinel Intelligent Camera Management Services. MiOS offers two levels of its VeraSentinel Intelligent Camera Management Service to provide additional video storage and camera management features beyond the basic digital video storage and camera features offered with Vera Systems:
• The Gold level of the service includes 2GB of video storage on VeraDrive, an increase from the 1GB of video storage included with basic Vera service. As with the basic level of service, at the point that video storage reaches the storage limit content will be erased on an “first in, first out” basis (older footage is erased first), but a subscriber can flag video recordings to save in the cloud indefinitely on subscriber’s VeraDrive cloud storage account. Gold Plan subscribers can use existing Google Drive or OneDrive accounts to save camera video files as an alternative to VeraDrive, but enabling a Cloud Service Connection will disable Vera’s cloud storage service—only one video storage location can be active at a time.
• The Platinum level of the service includes unlimited video storage on VeraDrive. Subscriber can save video recordings to the cloud indefinitely on Subscriber’s VeraDrive cloud storage account. As with the Gold level of the Service, Subscribers can use existing Google Drive or OneDrive accounts to save camera video files as an alternative to VeraDrive, but enabling a Cloud Service Connection will disable Vera’s cloud storage service—only one video storage location can be active at a time.
• Both the Gold level and the Platinum level of the VeraSentinel Service include “hot zoning” functionality.
(b) Subscription for Service. By clicking next to the “I ACCEPT these Terms and Conditions” box during the initial set up of your Vera system, and during the enrollment process by indicating whether you choose the Gold Service level or the Platinum Service level, and by submitting the additional subscriber information requested after you have accepted the Terms of Service, you are subscribing for MiOS’s VeraSentinel Intelligent Camera Management Services. You acknowledge and understand that MiOS may provide these Services, including cloud-based storage of photographs and video, through third party vendors and subcontractors at MiOS’s discretion and direction.
(c) VeraSentinel Account. In order to access some features of the Service, you will have to create an account. You may never use another’s account without that individual’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MiOS immediately of any breach of security or unauthorized use of your account. Although MiOS will not be liable for your losses caused by any unauthorized use of your account, you may be liable for MiOS’s losses due to unauthorized use.
(d) Current Paid Subscribers Only. Subscribers whose accounts fall into arrears may have their access to the Services terminated until they pay all amounts due on their accounts. MiOS reserves the right to delete any and all video currently hosted on the System, without notice or compensation to you, if your account is in default for nonpayment for at least 30 days.
3. COMMENCEMENT OF SERVICE, RENEWAL, PAYMENT.
(a) Commencement of Service; Subscription Term. The Service begins after you have subscribed for the Service and submitted the additional subscriber information requested, and as soon as (1) MiOS has received payment for the first month of Service; and (2) MiOS has authorized your use of the Service. MiOS will make reasonable efforts to cause the Service to begin within one business day of your subscription, but MiOS may require the submission of additional forms before Service may begin in order to verify your eligibility to use, and to confirm your payment for the Service. You further acknowledge that these forms may cause a delay in the commencement of Service and agrees that MiOS is not responsible for any such delays. The first one-month period of service and any renewal one-month period is referred to as the “Term” of your subscription.
(b) Renewal. The Service renews automatically each month as of the date immediately following the monthly anniversary of the date your Service began as long as MiOS continues to receive your monthly payment. The monthly payment will automatically be charged to your enrolled credit card which you initially used to enroll in the Service. If for any reason the monthly renewal fee is not authorized and collected from your credit card, MiOS may terminate the service. MiOS will make its best efforts to collect such renewal payment from your credit card bank, however, it is the subscriber’s responsibility to insure payment is completed each month on the anniversary date of the Service. By enrolling in the Service, the Subscriber is authorizing MiOS to charge the subscription fee to that credit card initially used to subscribe to the Service.
(c) Termination. You may cancel your account at any time by notifying MiOS in advance of the renewal date by telephone or by logging into your account in the My Account section, and clicking on the “Cancel Plan” link under the “Manage Service” column. Under no circumstances will Service be pro-rated for partial subscription Terms. MiOS may terminate your account on 30 days’ notice for any reason and immediately if you are in breach of any of these Terms of Service. MiOS may terminate a user’s access to the Service if the user is determined to be a repeat infringer. MiOS reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography or obscenity. MiOS may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service. Upon account termination all licenses granted to you herein will terminate. Termination of this agreement applies solely to the provision of the VeraSentinel Intelligent Camera Management Service. Termination of this agreement in no way disables any other service provided by MiOS.
4. SUBSCRIBER REPRESENTATIONS. You represent and warrant that your identity and contact information provided is accurate, and that you are age 18 or older or of legal age to enter into contracts that are binding and enforceable in the jurisdiction in which you reside and otherwise competent and authorized to agree to these Terms of Service. You further represent and warrant that you own the Vera controller installed at the residence or you are authorized by the owner of the controller to enroll in this Service and have full access to and control over the physical installation of the System as well as full account privileges on the controller.
5. PAYMENT. Full payment is due and charged to your credit card for the applicable subscription Term of your subscription by the first day of that Term. In most situations, MiOS will process payment automatically using the mode of payment you used when initially signing up for the Service. If your payment is declined, MiOS will notify you by E-mail, telephone, or letter by US Mail. If you fail to provide full payment within five (5) days of that notice, MiOS may at its election declare a breach and terminate the Services at the end of any full subscription Term for which you have already paid and immediately if any current Term has not been paid for in full, at which time MiOS shall be entitled to the immediate payment of all sums then due together with all penalties, fees, and damages that may be due to MiOS under these Terms of Service. If you terminate the Service, you will not receive a refund for any payments already made.
6. PERMISSIONS AND RESTRICTIONS.
A. MiOS grants you a limited, non-exclusive license to access and use the VeraSentinel Intelligent Camera Management Services for your own personal, non-commercial purposes. This license includes the right to store and view content captured and stored by the VeraSentinel Intelligent Camera Management Services. This license is personal to you and may not be assigned or sublicensed to anyone else; however, you may share your account credentials for non-commercial purposes with another individual subject to the terms of Section 2(b) of this document.
B. You may not to alter or modify any part of the Service.
C. You agree not to store or access content relating or created accessed through your Vera System through any technology or means other than that which has been provided by VeraSentinel Intelligent Camera Management .
D. You agree not to use the Service for any commercial purpose unless you obtain MiOS’s prior written approval.
E. Except as expressly permitted by MiOS in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the VeraSentinel Intelligent Camera Management Services. Nor will you take any measures to interfere with or damage the ACM Services. All rights not expressly granted by VeraSentinel Intelligent Camera Management Services are reserved.
F. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the VeraSentinel Intelligent Camera Management servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
G. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
H. In your use of the VeraSentinel Intelligent Camera Management Services, you will comply with all applicable laws.
I. MiOS reserves the right to discontinue any aspect of the VeraSentinel Intelligent Camera Management Services at any time.
J. The trademarks, service marks and logos (“Marks”) on the VeraSentinel Intelligent Camera Management Service, are owned by or licensed to MiOS, subject to copyright and other intellectual property rights under the law. You may not use these marks without the express written consent of MiOS outside of the normal operation of the Service.
7. YOUR CONTENT AND CONDUCT.
A. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you store; and you license to MiOS, and any third party vendor, if applicable, all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
B. For clarity, you retain all ownership rights that may exist in Content you store on the Service. You understand and agree, however, that MiOS may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.
C. You further agree that you will not submit to the Service any Content or other material that Contains sexually explicit content or pornography (however, non-sexual nudity is permitted), exploits minors, depicts unlawful acts or extreme violence, depicts animal cruelty or extreme violence towards animals or violates any applicable local, national, and international laws and regulations.
D. MiOS expressly disclaims any and all liability in connection with Content. MiOS will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. MiOS reserves the right to remove Content without prior notice.
8. WARRANTY DISCLAIMER. YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MIOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU THEREFORE USE THE SERVICE AT YOUR OWN RISK. VERASENTINEL INTELLIGENT CAMERA MANAGEMENT SERVICES AND MIOS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. WITHOUT LIMITING THE FOREGOING, MIOS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT VERASENTINEL INTELLIGENT CAMERA MANAGEMENT SERVICES WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF THE SERVICE. MIOS FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL MIOS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MIOS SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
10. INDEMNITY. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless MiOS and its parent corporations, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
11. PRICE INCREASES. MiOS shall have the right, upon 30 days’ notice by email, to increase its monthly Service fees. If you are not willing to pay the increased monthly fee, you must notify MiOS in writing within thirty (30) days from the date of notice of the increase that you intend to terminate at the next renewal date. Your failure to notify MiOS within thirty (30) days constitutes your consent to the increase.
12. DISHONORED PAYMENTS. MiOS will charge $30.00 or the highest amount allowed by law, whichever is less, for any payment instrument (including credit card chargebacks) tendered by Subscriber and returned unpaid by a financial institution for any reason. You agree to reimburse us the fees of any collections agency, which may be based on a percentage at a maximum of 35% of the debt, and all costs and expenses, including reasonable attorney’s fees, we incur in such collections.
13. ASSIGNMENT. This agreement is not assignable by Subscriber without written consent of MiOS. MiOS shall have the right to assign this agreement or subcontract any of the Services governed by this agreement.
14. CHOICE OF LAW AND VENUE. The laws of California will apply to any disputes arising out of or relating to these terms or the Service. All claims arising out of or relating to these terms or the Service will be litigated exclusively in the federal or state courts of Alameda County, California, USA, and you and MiOS consent to personal jurisdiction in those courts. YOU AND MIOS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. SEVERABILITY. If it turns out that a particular term in this agreement is not enforceable, all of the remaining terms and provisions shall remain in full force and effect. These Terms of Service, together with the Privacy Notice at http://getvera.com/legal and any other legal notices published on the Service, shall constitute the entire agreement between you and MiOS concerning the Service. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MiOS’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
16. TERMS IN EFFECT. You have the right to request a paper copy of these Terms of Service from MiOS at any time, at no charge. Such request may be made in writing or by contacting MiOS at 1-866-966-2272. MiOS reserves the right to change or amend these terms at any time and will notify the Subscriber 30 days before the amended terms take effect. The current version of these Terms of Service shall be available at http://getvera.com/legal/. If you are unwilling to be bound by the updated terms, you must notify MiOS before the date the amended terms take effect that you intend to terminate your use of the Service at the next renewal date. You agree that failure to notify MiOS before the amended terms take effect shall constitute your consent to be bound to those new terms.