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.
Your privacy is important to MiOS Ltd and to all its subsidiaries (Vera Control Ltd., MiOS Romania SRL, Mi Casa Verde SAS) which will be referred to as (“MiOS Companies”, we, us, our)
- the MiOS websites (www.mios.com, www.getvera.com, support.getvera.com, wiki.mios.com, shop.getvera.com, forum),
- the Vera IoT Apps and Services with all Web or Mobile Apps and
- MiOS devices or other devices that are compatible with Vera Apps and Services.
“Personal Information” is information relating to an identified or identifiable natural person.
If you live in a country in the European Economic Area (which includes the European Union, referred to as the European Region), or if you live in any other country, except those in the European Region, your Products and Services are provided by MiOS, Ltd which is the data controller responsible for your information when you use our Products and Services.
“MiOS Companies” must receive or collect some information to operate, provide, improve, understand, customize, support, and market our Products and Services, including when you install, access, or use our Vera Apps and Services. The types of information we receive and collect depend on how you use our Products and Services.
We receive and store any information you knowingly provide to us when you use your Vera Account. For example, through the onboarding process and/or through your account settings, we may collect Personal Information such as your name, email address, shipping address, billing address, phone number, credit card details, location name, location including geo-fence or geofence in or out events, group and device names. You may also add other information to your account, such as a profile picture.
In other contexts of Vera Apps and Services, we may collect and/or process device location names, device or group images, configuration details, and third-party account credentials (for example, when you use your Facebook credentials to log in or when you use plugins compatible with Vera Apps and Services, which have their own credentials or when you activate the security alarm service that involve communication with the security monitoring provider).
If you have provided us with a means of contacting you (outside Vera Apps), we may use such means to communicate with you. For example, we may send you updates about our Products and Services, informational updates, surveys or promotional offers (only on our own behalf) or communicate with you about your use of the Products and Services. Also, we may receive a confirmation of the email you received. This confirmation helps us make our communications with you more interesting and improve our Products and Services. If at any time you decide you do not want to receive promotional communications from us, you can indicate your preference by clicking ‘unsubscribe from this list’. As a Vera user, you have the possibility to opt in/out (consent) for additional News, Special Offers and Recommendations (Direct Marketing). Please note that you may not be able to opt out of certain messages from us, especially messages related to important Vera Apps and Services updates or notifications related to your Privacy Rights or service-level communications that we deem critical to your use of the Vera Apps or Services.
In order to provide you with technical assistance, as defined in the EULA, we may need to analyze part of the data you have knowingly provided us by subscribing and using Vera Apps and Services. In addition, it may be required for you to provide us with additional information related to your use of our Products and Services, as part of the Customer Care Service. Our Customer Care Service may involve collection of: logs and data from the hardware devices, as well as temporary access, for the Customer Care Agent, to your data (based on your explicit recorded consent) and your contact details so we can provide you technical assistance. For example, you may send us an email with information relating to our app performance or other issues and we will contact you via email or direct call to offer the technical solution or support.
We collect information on our servers, logs and databases about your activity on our Products and Services, like diagnostic, and performance information (whether usage is via our mobile/web application, our plug-in, third-party service, browser, or other application, connecting a physical device to our Vera Apps and Services, connecting a third-party service to our Vera Apps and Services, or otherwise).
This includes information about: diagnostic, crash, website, and performance logs and reports on Vera Apps and Services. This includes information like hardware model, operating system information, battery level, signal strength, app version, browser information, and mobile network, connection information including SIM-Serial Numbers, language and time zone, and IP address, device data traffic operations information, features you are requesting or interacting with and identifiers associated with the Vera device or Account).
We collect device location information if you use Vera location features – geofence, like when you share your location with other users from your Vera Account, to facilitate user interaction within the Vera App or to view locations nearby. Your Vera Account privacy settings may allow you to limit the other users who can see your location, within the geolocation feature. We will use location information also for diagnostics and troubleshooting purposes such as if you are having troubles with our Vera App’s location features. We use various technologies to determine location, including IP, GPS, Bluetooth signals, and information about nearby Wi-Fi Access Points, or provided by mobile devices in use, core functionalities.
We also collect data from users about their usage. The legal ground for processing this analytical information is our legitimate interest in understanding how our customers interact with our products, apps and websites so we can enhance the user experience and functionality of our products, apps and websites.
Here are examples of third-party providers of analytics and similar services we currently use, providing anonymized and aggregate information, so you cannot be individually identified:
- Google: Google Analytics is used to track site statistics and user demographics, interests and behavior on websites. Find out more information about how this analytics information may be used, how to control the use of your information, and how to opt-out of having your data used by Google Analytics.
- Azure Application Insights: Azure Application Insights is used to help us better understand usage of our Products and Services to improve user experience. Azure Application Insights is a Microsoft service.
- Crashlytics (Fabric): Crashlytics is used to help us better understand usage of the Vera Android App to improve user experience and to identify and resolve the root causes of app crashes.
- Pingdom (Solarwinds): Pingdom is used for Uptime monitoring tests the availability of our website, applications and servers.
- Information Others Provide About You
We receive information about you from other partners. For example, when your recurring payment subscription on Vera Services/features is not paid, for various reasons, the payment processors notify us or offer us access to reports & dashboards related to blocked payments or fraud protection, to be able to contact you or to temporary disable the service or feature.
- Businesses On our Products and Services
Businesses you interact with using our Products and Services provide us information about their interactions with you. A business on our Products and Services may also use another company to assist it in storing, reading, and responding to your messages on behalf of and in support of that business. Please note that when businesses use third-party services, their own terms and privacy policies will govern your use of those services and their use of your information on those services.
- Third-Party Service Providers
We work with Third-Party Service providers and with all “MiOS Companies” to help us operate, provide, improve, understand, customize, support, and market our Products and Services. For example, we work with companies to distribute our apps, provide our infrastructure, Platform delivery, and other systems, supply location, maps, and places information, process payments, help us understand how people use our Products and Services, market our Vera Apps and Services, conduct surveys and research for us, and help with customer support service. These companies may provide us information about you in certain circumstances; for example, app stores or customers support may provide us reports to help us diagnose and fix issues.
We acquire, hold, use, and process Personal Information about Individuals for a variety of business purposes, including:
“MiOS Companies” may use information about you to fulfill your requests for Products, Services, or assistance in using Vera Apps, Products and Services, including information about potential or future Services, including to:
- Generally manage Individual information and Accounts;
- Respond to questions, comments, and other requests;
- Provide access to certain areas, functionalities, and features of our Products and Services;
- Contact you to answer requests for customer support or technical support;
- Allow you to register for events.
“MiOS Companies” may use Personal Information about you for its administrative purposes, including to:
- Measure interest in MiOS’s Products and Services;
- Develop new Products and Services;
- Ensure internal quality control;
- Verify individual identity;
- Communicate about Individual Accounts and activities on “MiOS Companies”’s operations and systems, and, in “MiOS Companies”’s discretion, changes to any “MiOS Companies” policy;
- Send emails to the address you provided to verify/ validate your Account and for informational and operational purposes, such as Account management, customer service, or system maintenance;
- Process payment for Products or Services purchased;
- Process applications and transactions;
- Prevent potentially prohibited or illegal activities;
- Enforce our “EULA” and “Terms”.
“MiOS Companies” may use Personal Information to provide you with materials about offers, Products and Services that may be of interest, including new features or services. We may provide you with these materials by email, or directly in the Vera Apps and Services as permitted by applicable law. Such uses include:
- To tailor content, advertisements, and offers in our Vera Apps and Services;
- To notify you about new features, offers, products, and services that may be of interest to you in our Vera Apps and Services;
- To provide Services to you;
- For other purposes disclosed at the time that Individuals provide Personal Information; or otherwise, with your consent.
You may contact us at any time to opt out of the use of your Personal Information for marketing purposes.
We may share aggregated information and non-identifying information with third parties or between “MiOS Companies” for industry research and analysis, demographic profiling and other similar purposes. We may contract with third parties who provide us with other information about you, which we may then combine with the information we receive from you. We use this information to better provide our Products and Services, to customize our advertisements to you.
Seldom, “MiOS Companies” may perform research (online and offline) via surveys or beta programs. We may engage Third-Party Service Providers to conduct such surveys or Beta programs on our behalf. All survey or Beta Program responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve you by learning more about your needs and the quality of the Products and Services we provide. The survey responses may be utilized to determine the effectiveness of our Services. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous individual and aggregate data for research and analysis purposes.
We provide Services that are specifically designed to be compatible and used on mobile devices. We will collect certain information that your mobile device sends when you use Vera Apps and Services, like device identifier, user settings, location information, mobile carrier, and the operating system on your device. Mobile versions of Vera Apps and Services require that users log in with an Account. In such cases, information about the use of Vera mobile Apps versions may be associated with Accounts.
“MiOS Companies” may use Personal Information and other information about you to create anonymized and aggregated information, so you cannot be individually identified, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access MiOS and Vera Apps and Services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in, and use of various portions or features of, Vera Apps and Services. Anonymized or aggregated information is not Personal Information, and “MiOS Companies” may use such information in a number of ways, including research, internal analysis, analytics, and any other legal permissible purposes. We may share this information within “MiOS Companies” and with Third Parties for our or their purposes in an anonymized or aggregated form that is designed to prevent any of our partners from identifying you personally, as an individual.
- Safety And Security
We verify your accounts and activity, and promote safety and security on and off our Vera Apps and Services, such as by investigating suspicious activity or violations of our Terms, and to ensure our Vera Apps and Services are being used legally and properly.
- No Third-Party Banner Ads
We do not allow third-party banner ads on Vera Apps and Services. We have no intention to introduce them, but if we ever do, we will update this policy.
Our Websites, Apps and Services may contain links to Third-Party websites and at the same time some Third-Party websites may reference or link to our websites, Apps and Services. These other domains and websites are not controlled by us, and “MiOS Companies” does not endorse or make any representations about Third-Party websites or social media platforms. We encourage our users to read the privacy policies of each and every website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of any Third-Party websites or applications. Visiting these Third-Party websites or applications is at your own risk.
Our Websites, Apps and Services may include publicly accessible blogs, community forums, or private messaging features and may also contain links and interactive features with various social media platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using our Websites or other Services. You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.
When you make purchases through our Vera Apps and Services, we process your payments through a Third-Party application. The Third-Party application may collect certain financial information from you to process a payment on behalf of “MiOS Companies”, including your name, email address, address and other billing information.
“MiOS Companies” may use Personal Information for which we have a legitimate interest, such as direct marketing, individual or market research, anti-fraud protection, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.
You share your Personal information as you use and communicate with other users from your Vera Account or with Third-Party Service Providers, through our Vera Apps and Services, and we share your information:
- to help us operate, provide, improve, understand, customize, support, and market our Product and Services or
- to comply with legal obligations or
- to protect or defend our rights, property or safety of “MiOS Companies” or
- with your permission, with Third-Party Service Providers and with “MiOS Companies”.
We may engage Third-Party Service Providers to work with us to administer and provide the Vera Apps, Products and Services. Some examples of these Third-Party services are payment processing, shipping, and handling returns. These Third-Party Service providers have access to your Personal Information only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your Personal Information for any other purpose. When you make a payment, the Third-Party payment processor (e.g., Stripe, PayPal) receives your full payment information and we receive only a funding confirmation.
“MiOS Companies” has executed appropriate contracts with the Third-Party Service Providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.
“MiOS Companies” may share Personal Information with our business partners, and affiliates for our own and our affiliates’ internal business purposes or to provide you with a Product or Service that you have requested.
“MiOS Companies” may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with our company name. “MiOS Companies” requires our affiliates and business partners to agree in writing to maintain the confidentiality and security of Personal Information they maintain on our behalf and not to use it for any purpose other than the purpose for which we provided them.
Any Personal Information or content that you voluntarily disclose online in a manner other users can view, becomes publicly available, and can be collected and used by other users (e.g., your name, email address, etc. when you submit a review or participate in open discussions using MiOS Companies websites, forums etc.). We are not responsible for privacy practices of the other users who will view and use the posted information.
Through our Vera Apps and Services, “MiOS Companies” do not respond to ”Do Not Track” signals or similar mechanisms transmitted by web browsers. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services.
We may access, preserve, and disclose your Personal Information, other Account information, and content if we believe doing so is required or appropriate to:
- comply with law enforcement or national security requests and legal process, such as a court order or subpoena;
- respond to your requests;
- protect yours’, ours’ or others’ rights, property, or safety;
- to enforce “MiOS Companies” policies or contracts;
- to collect amounts owed to “MiOS Companies”;
- when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or
- if we, in good faith, believe that disclosure is otherwise necessary or advisable.
In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Vera Apps or Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.
- Merger, Sale, or Other Asset Transfers.
- Data Transfers
All Personal Information collected via or by “MiOS Companies” Apps and Services may be stored anywhere in the world, including but not limited to, the United States, the European Union, in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to “MiOS Companies”, you consent to the storage of your Personal Information in these locations.
- Data Retention
- Children’s Privacy
The Vera Apps and Services are not directed to children under 16 years of age, and “MiOS Companies” does not knowingly collect Personally Identifiable Information from children under 16 years of age. If you are under the age of 16, you must have your parent’s permission to access the Services. If you learn that your child has provided us with Personal Information without your consent, you may alert us at [email protected] If we learn that we have collected any Personal Information from children under 16, we will promptly take steps to delete such information and terminate the child’s Vera Account.
Each company from ”MiOS Companies”, receives information from, and shares information with, the ”MiOS Companies”. We may use the information we receive from them, and they may use the information we share with them, to help operate, provide, improve, understand, customize, support, and market our Apps and Services. This includes helping improve infrastructure and delivery systems, understanding how “MiOS Companies” Apps and Services are used, helping us provide a way for you to connect with businesses, and securing systems. We also share information between “MiOS Companies” to fight spam, threats, abuse, or infringement activities and promote safety and security across the ”MiOS Companies”’s Apps and Services. In fact, ”MiOS Companies” will not use your Personal Information in any purpose other than to assist you or us in operating and providing our Apps and Services.
- as necessary to fulfill our ”Terms”;
- consistent with your consent, which you can revoke at any time;
- as necessary to comply with our legal obligations;
- occasionally to protect your vital interests, or those of others;
- as necessary in the public interest; and
- as necessary for our (or others’) legitimate interests, including our interests in providing an innovative, relevant, safe, and profitable service to our users and partners, unless those interests are overridden by your interests or fundamental rights and freedoms that require protection of personal data.
How You Exercise Your Rights
Under the General Data Protection Regulation or other applicable local laws, you have the right to:
- Right to be informed (details)
- Right of access (details)
- Right to rectification (details)
- Right to erasure (‘right to be forgotten’) – (details)
- Right to restriction of processing (details)
- Right to data portability (details)
- Right to object (details)
- Automated individual decision-making, including profiling (details)
* This includes the right to object to our processing of your information for direct marketing and the right to object to our processing of your information where we are performing a task in the public interest or pursuing our legitimate interests or those of a third party.
You may exercise your rights (access, erasure, restrict processing, object, lodge a complaint to the Personal Data Officer, withdraw a consent) using Privacy Settings section (available under Users and Account Settings/Edit User on Vera Mobile Apps or under the Privacy Settings/Main Menu of Vera App Portal). You can access Vera Apps and Services or email to [email protected] to rectify, update, your information (see Managing and Deleting Your Information section). If we process your information based on our legitimate interests or those of a third party, or in the public interest, you can object to this processing, and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons. You can also object to our processing of your information. Where we use your information for direct marketing for our own Apps and Services, you can always object and opt out of future marketing messages using the unsubscribe link in such communications, or by using our “opt -out” feature.
We store information until it is no longer necessary to provide our Vera Apps and Services, or until your Vera Account is deleted, or until the storage time limit is reached, whichever comes first. This is a case-by-case determination that depends on things like the nature of the information, why it is collected and processed, and relevant legal or operational retention needs.
If you would like to manage, change, limit, or delete your information, you may use following alternatives:
- Vera Apps and Services Settings. You can change your settings to manage certain information related to Services.
- Deleting Your Vera User Account. You may ask your Platform Account Administrator to delete your User account at any time or you may contact us at [email protected] to do it for you. Please note that some information may remain in our records after your deletion in order meet certain business needs and / or comply with retention requirements, of such information from your account. We may use any anonymized or aggregated data derived from or incorporating your Personal Information after your account is updated or deleted, but not in a manner that would identify you personally.
If You Are In The European Region
The Data Protection Officer for “MiOS Companies” can be contacted here: [email protected]
Poitiers No 16
You have the right to lodge a complaint with: “MiOS Companies” on [email protected] or with Romania Lead supervisory authority: on [email protected] or Adress: Blvd. G-ral. Gheorghe Magheru nr. 28-30, sector 1, Cod poştal 010336, Bucureşti Romania; E-mail: [email protected]
If You Are Outside The European Region
1144 65th Street, Suite F,
Oakland, California, 94608.
United States of America
You have the right to lodge a complaint with: “MiOS Companies” on [email protected]
Updated: April 2, 2019
End User License Agreement
Ezlo Innovation, LLC and Vera Control, Ltd. have updated this End User License Agreement (the “Agreement”) in order to incorporate new terms. This Agreement applies to the Ezlo Innovation, LLC (“Ezlo”) platform and the software and applications associated with certain hardware products provided by Vera Control, Ltd. (“Vera”). By using (i) the Ezlo platform (the “Platform”) and (2) any software that is embedded on any Vera hardware product (“Product”), downloaded from Vera, or any other Vera software or application (collectively, as may be updated from to time, the “Software”), you agree to the terms of this Agreement between you, Ezlo 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 PLATFORM, THE SOFTWARE OR THE PRODUCT.
- Grant of License
Provided that you comply with all terms and conditions of this Agreement and pay all applicable fees, Vera grants you a terminable, 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.
- Vera and Third-party Intellectual Property
You understand that you are provided and/or otherwise receiving or able to access the Software as a part of your purchase of the applicable hardware Product, and that a portion of the purchase price for your hardware Product is attributed towards the Software (including all applicable licenses, updates and maintenance). 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 (including Software included with the applicable hardware Product) is licensed to you under this Agreement and is for use only under the terms of this Agreement, and not sold to you. 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 Vera’s 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.
- Vera Services and Third-Party Providers
Certain Services made available by Vera to users of its Products are provided through third-party vendors and subcontractors selected by Vera at its discretion. These Services include, without limitation, digital photography and video archiving services (“Video Archiving Services”) which are provided as standard features of most Vera home controller Products (and generally described below), along with other Services such as central monitoring services and central monitoring services with cellular backup service (as generally described on the Website). 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 provided by Vera. In addition, you acknowledge that Vera may update the Software without requiring any additional consent or action from you, and you consent to Vera so automatically updating the Software at any time. Upgrades may temporarily interfere with your Software and hardware Products, or temporarily or permanently change the features, functionality or use of the Software and hardware Products and you agree those will be done at our discretion. If you do not want such automatic Updates, your sole remedy is to stop using the applicable Internet services in conjunction with the Software and Product or stop using the Software and Product altogether.
This Agreement and the license granted hereunder are effective on the date you first use the Platform and the Software or Product and shall continue for as long as you use the Platform or 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.
- Disclaimer of Warranty
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND UNLESS EXPRESSLY STATED OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES ARE DISCLAIMED, 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 ANY EXPRESS WARRANTY PROVIDED BY VERA, IF ANY. VERA MAKES NO WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.
- Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY BUT SUBJECT TO THE LAST SENTENCE OF THIS SECTION, (A) VERA AND EZLO 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 OR EZLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) VERA’S AND EZLO’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 EITHER (1) THE PORTION OF THE PAID FEES APPLICABLE TO THE PRODUCTS, SOFTWARE OR SERVICES RELATING TO SUCH CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY OR (2) REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION OF A REASONABLY SIMILAR PRODUCT, AS DETERMINED IN VERA’S AND EZLO’S SOLE DISCRETION. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. VERA AND EZLO DISCLAIM ALL LIABILITY OF ANY KIND OF VERA’S AND/OR EZLO’S SUPPLIERS, DISTRIBUTORS AND DEALERS. VERA AND EZLO ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT, SOFTWARE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT AND/OR ANY SERVICES PROVIDED BY A THIRD PARTY INCLUDING ANY THIRD PARTY VENDOR OR SUBCONTRACTOR. 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 AND EZLO DISCLAIM) 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, 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.
- 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 Ezlo, 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/Ezlo 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.
- Data Protection
Customer security and privacy is our top priority. We understand the importance of your personal data, and we take steps to secure and protect it whenever it is stored in our infrastructure. The General Data Protection Regulation (GDPR) imposes additional requirements for companies that collect or store personal data of European Union residents.
Our policies regarding data ownership and protection are focused on providing you with confidence that your data remains secure, and under your control. We have established a number of measures to ensure that customers and their data are treated in a manner consistent with privacy principles and industry best practices.
- Miscellaneous Legal