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.

Website

You may also access certain Software or related services from the website located at www.getvera.com and any other related Vera web pages (collectively the “Website”). Services accessed through the Website and/or any use of the Platform (collectively the “Services”) are governed by the Terms of Use, available at https://getvera.com/legal. Any information that you provide to Vera or is collected through the Website, Platform, Product, Services and/or Software is governed by the terms of the Vera Privacy Policy located at https://getvera.com/legal. Your purchase of the Product is governed by the Vera limited warranty, the terms of which are provided with the Product. The terms and conditions of this Agreement describe, among other things, the permitted uses and user(s) of the Software.

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.

Updates

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.

Term

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

Privacy Policy

Purpose

PURPOSE

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)
We developed this Privacy Policy to provide you with information on how we process your personal data when you use:

  • 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.

Other MiOS websites, apps and products that do not include a link to this Privacy Policy and include a link to a different Privacy Policy are governed by that Privacy Policy.
“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. Vera Control, Ltd is a part of MiOS Companies. Our Privacy Policy (“Privacy Policy”) applies to all our Products and Services unless specified otherwise. Please read our “End User License Agreement” (“EULA”) and other feature oriented “Terms of service”, named in this document “Terms”, which describes the terms under which you use our Vera Apps and Services.

INFORMATION WE COLLECT

“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.

INFORMATION YOU PROVIDE

IN RELATION WITH VERA APPS AND SERVICES AND OUR WEB SITES

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 provide your third-party account credentials to us, you understand some content and/or information in those accounts may be transmitted into your Vera Account. We will not accept to receive more information than we need to execute our part from the integration with the Third-Party Service provider and note that the third-party information transmitted to our Products and Services is covered by this Privacy Policy. 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 RELATION WITH CUSTOMER CARE SERVICE

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.

AUTOMATICALLY COLLECTED INFORMATION

USAGE AND LOG INFORMATION

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). You may be able to change the preferences on your browser, application or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features. We don’t use other cookies except the necessary ones, to be able to offer basic features of our Platform. Also, if you click on a link to a third party website or service, that third party may also transmit cookies to you. This Privacy Policy does not cover the use of cookies by any third parties.

LOCATION INFORMATION

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.

COOKIES AND SIMILAR TECHNOLOGIES

We use cookies to operate and provide our Vera Apps and Services, including web-based services, for you to take full advantage of our Vera Apps features. Additionally, we may use cookies to remember your choices, like your language preferences, to provide better experience, or otherwise to customize our Products and Services for you. 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.

THIRD-PARTY INFORMATION

  • 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.

HOW WE USE INFORMATION

We acquire, hold, use, and process Personal Information about Individuals for a variety of business purposes, including:

TO PROVIDE PRODUCTS, SERVICES, OR INFORMATION REQUESTED

“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.

ADMINISTRATIVE PURPOSES

“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”.

MARKETING PURPOSES

“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.

RESEARCH AND DEVELOPMENT 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.

SERVICES VIA MOBILE APPLICATIONS

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. In addition, we may enable Users to download an application, widget, or other tool that can be used on mobile or other computing devices. Some of these tools may store information on mobile or other devices. These tools may transmit Personal Information to us to enable your access to Accounts and to enable us to track usage of Vera Mobile Apps. Some of these services may enable users to email reports and other information to us. “MiOS Companies” may use personal or non-identifiable information transmitted to Vera Apps and Services to enhance these Mobile Applications, to develop new extension on them, for quality improvement and as otherwise described in this Privacy Policy or in other notices we provide.

ANONYMOUS AND AGGREGATED INFORMATION USE

“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.

THIRD-PARTY WEBSITES, SOCIAL MEDIA PLATFORMS USE

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.

THIRD-PARTY PAYMENT PROCESSING

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.

OTHER USES

“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.

INFORMATION YOU AND WE SHARE

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”.

INFORMATION SHARED WITH OUR SERVICE PROVIDERS

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.

INFORMATION SHARED WITH BUSINESS PARTNERS

“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.

DISPLAYING TO OTHER USERS

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.

MARKETING – INTEREST-BASED ADVERTISING AND THIRD-PARTY MARKETING

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.

DISCLOSURES TO PROTECT US OR OTHERS (E.G., AS REQUIRED BY LAW AND SIMILAR DISCLOSURES).

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.

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. In such event, “MiOS Companies” will endeavor to direct the transferee to use Personal Information in a manner that is consistent with the Privacy Policy in effect at the time such Personal Information was collected. All of our rights and obligations under our Privacy Policy are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

  • 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

“MiOS Companies” retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Vera Apps and Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Vera Apps and Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

  • 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 privacy@getvera.com. 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.

HOW WE WORK WITH OTHER MIOS COMPANIES

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. Each “MiOS Companies” shares information globally, both internally with the “MiOS Companies”, and externally with our partners in accordance with this Privacy Policy. Information controlled by “MiOS Companies” will be transferred or transmitted to, or stored and processed, in the United States or in the European Economic Area or other countries outside of where you live for the purposes as described in this Privacy Policy. These data transfers are necessary to provide the Services set forth in our ”Terms” and globally to operate and provide our Services to you. We utilize standard contract clauses approved by the European Commission, and may rely on the European Commission adequacy decisions about certain countries, as applicable, for data transfers from the European Economic Area to the United States and other countries.

HOW THE GENERAL DATA PROTECTION REGULATION APPLIES TO OUR EUROPEAN REGION USERS

Our Legal Bases For Processing Information We collect, use, and share the information we have as described above:

  • 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 privacy@getvera.com 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.

MANAGING AND DELETING YOUR INFORMATION

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 privacy@getvera.com 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.

UPDATES TO OUR POLICY

We will notify you before we make changes to this Privacy Policy and give you the opportunity to review the revised Privacy Policy before you choose to continue using our vera Apps and Services.

CONTACT INFORMATION

If You Are In The European Region The Data Protection Officer for “MiOS Companies” can be contacted here: dpo@mios.com. If you have questions about our Privacy Policy, please contact us or write us here: MiOS Romania SRL Attn: Privacy Policy Poitiers No 16 Iasi Romania You have the right to lodge a complaint with: “MiOS Companies” on dpo@mios.com or with Romania Lead supervisory authority: on anspdcp@dataprotection.ro or Adress: Blvd. G-ral. Gheorghe Magheru nr. 28-30, sector 1, Cod poştal 010336, Bucureşti Romania; E-mail: anspdcp@dataprotection.ro If You Are Outside The European Region If you have questions about our Privacy Policy, please contact us or write us here: MiOS LTD Attn: Privacy Policy 1144 65th Street, Suite F, Oakland, California, 94608. United States of America You have the right to lodge a complaint with: “MiOS Companies” on dpo@mios.com

PURCHASING VERA PRODUCTS VIA THE INTERNET

Search our Authorized Partner Locator to locate retailers and installers in your area. Your local Vera Control, Ltd partners have made a commitment to provide the highest quality service and have the detailed product knowledge required to get the best performance from our products. We encourage you to support your local, authorized brick & mortar Vera Control, Ltd retail and installation partners. If you prefer to purchase online, Vera Control, Ltd has carefully selected authorized internet retailers who meet our high standards of service. Select countries can also buy Vera Control, Ltd products directly from our shop. When buying from our shop, your products will be fulfilled directly from Vera Control, Ltd.

UNAUTHORIZED RESELLERS

Vera Control, Ltd products purchased from unauthorized sources carry no warranty from Vera Control, Ltd, regardless of any claims made by the seller. We have no way of determining whether these products are used, refurbished, counterfeit, stolen or otherwise compromised. With smart home products, the importance of quality system design and installation advice/service is paramount. We strongly urge you to buy only from Authorized Dealers so you can be sure you get authentic Vera Control, Ltd products.

NOTE: Vera products purchased from unauthorized sources carry no warranty from Vera Control, Ltd, regardless of any claims made by the seller.

  • A Treasure Island (http://www.amazon.com/shops/aTreasureIsland/)
  • Amazing Deals Online (http://www.amazon.com/b?me=A1M0GZGHL8F7T8/)
  • AM_74 (https://www.amazon.com/sp?&seller=AG0VESXA4S1CD)
  • Auction Maxx (http://www.auctionmaxx.com/)
  • avSoundz (https://www.amazon.com/b?me=A1SX1R00E2EUMR&ie=UTF8&qid=1481041570)
  • Balajeek (eBay) (https://www.ebay.com/usr/balajeek)
  • Black Cat Control Systems (https://www.blackcatcontrolsystems.com.au)
  • Boston Technologies (http://www.amazon.com/shops/bostontech/)
  • Brandon's Wearhouse (https://www.amazon.com/sp?&seller=A2YU9X2XDV2KLD)
  • Creative Home & Gardening (http://creativehomeandgardening.com/)
  • Cusick Commerce (http://www.ebay.com/usr/cusickcommerce)M
  • D Alex, Inc. (https://www.amazon.com/shops/A2NAC0MX6WJO2Q?ref_=v_sp_storefront)
  • Extra Discount Deals (Amazon) (https://goo.gl/jg9uNB)
  • Fox Global Trading (https://www.amazon.com/b?me=A3OS8EW3IFML0Q&ie=UTF8&qid=1481042007)
  • Games & Toy Online (http://gamestoysonline.com/)
  • In Control (http://www.amazon.com/gp/shops/incontrol/)
  • JMAC Supply (http://www.amazon.com/s?ie=UTF8&me=ALZYDHGPLQNLD)
  • JMAC Supply (http://www.jmacsupply.com/)
  • RMJ Solutions (https://www.amazon.com/s?marketplaceID=ATVPDKIKX0DER&me=AH0T9DJPJK7OE)
  • Last Chance Liquidation (http://www.amazon.com/shops/A067758228QOAO2UL28TO/)
  • Municipal Water Savings (Amazon) (https://goo.gl/BiSmJV)
  • Newegg (http://www.newegg.com)
  • Network Camera Supply (http://www.amazon.com/b?me=A3OWVPRVE6O6SU&ie=UTF8&qid=1385496131)
  • Network Camera Supply (http://www.networkcamerasupply.com/)
  • Rclue (http://myworld.ebay.com/rclue/)
  • Robin D's Store (http://www.amazon.com/s?me=A18V6GRDP3RZLU)
  • Riedel, Inc. (http://myworld.ebay.com/riedelinc/)
  • Smartek Sales (http://www.amazon.com/b?me=A2U760FOCZW7V4/)
  • Soho Cart (www.amazon.com/b?ie=UTF8&me=A3K1OSLCCEUJZF/)
  • The Home Automation Store (http://stores.ebay.com/The-Home-Automation-Store/)
  • The Home Automation Store (http://www.thehomeautomationstore.com/)
  • Unbeatable Sale (http://stores.ebay.com/unbeatablesales/)
  • Unbeatable Sale (http://www.unbeatablesale.com/)
  • US Eagle (http://www.amazon.com/shops/A1Y2VJIYIOJR6X/)
  • 59th Street (Amazon) (https://goo.gl/ke0TQr)

NOTE: This is not an all-inclusive list. Avoid unauthorized resellers on the following sites. Vera products purchased from unauthorized sources carry no warranty from Vera Control, Ltd regardless of any claims made by the seller.

TURNAROUND TIME

Orders are usually shipped within 48 hours of order placement, Monday – Friday 8am – 4pm, Pacific Time.

ORDER TRACKING

If a tracking # is provided by the shipping carrier, we will update your order with the tracking information. Please note that some orders using 1st Class USPS mail will not have tracking numbers.

SHIPPING RATES

The rate charged for the shipping of your order is based on the weight of your products, and your location. Before the final checkout page you will be shown what the cost of shipping will be, prior to completing your order.

BACK ORDERS

In the unlikely event an item is back ordered we will ship you the portion of your order that is in stock. When the item(s) become available, we will fulfill the remainder of your order. You will not be charged any additional shipping and handling for the second shipment.

30-DAY RETURN PERIOD FOR ALL HARDWARE, SERVICES, AND ACCESSORIES

If you are not 100% satisfied with your purchase, you may return your order to us (products must be in the state you received them, and in the original packaging), within 30 days from the date on the packing slip or invoice. We will promptly issue a credit, or a refund, of the purchase price paid, less shipping and handling costs, and any applicable restocking fees (as further described at right).

RESTOCKING FEES

Unless the product is defective or the return is a direct result of a Vera Control, Ltd error, Vera Control, Ltd may assess a restocking fee of up to 20% of the purchase price paid, plus any applicable sales tax, at our discretion.

WE STAND BEHIND OUR PRODUCTS

Vera Control, Ltd strives to build the very best products possible. Should your Vera Smart Home Controller or VistaCam Camera fail within the first 12 months of ownership, we will repair or replace your unit, free of charge. All other devices purchased from the Vera Shop are covered by their manufacturers’ warranties. Please check individual products in the Vera Shop for details.

SUPPORT

Extraordinary customer support is the difference between a good smart home experience, and a great one. We take a lot of pride in the passion, professionalism, and personality of our Support Team. If you need a helping hand, they are standing by.

Phone: +1 (866) 966-2272

Email: support@getvera.com

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.

1. Website

You may also access certain Software or related services from the website located at www.getvera.com and any other related Vera web pages (collectively the “Website”). Services accessed through the Website and/or any use of the Platform (collectively the “Services”) are governed by the Terms of Use, available at legal. Any information that you provide to Vera or is collected through the Website, Platform, Product, Services and/or Software is governed by the terms of the Vera Privacy Policy located at legal. Your purchase of the Product is governed by the Vera limited warranty, the terms of which are provided with the Product. The terms and conditions of this Agreement describe, among other things, the permitted uses and user(s) of the 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 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.

3. 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.

4. 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.

5. Updates

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.

6. Term

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.

7. 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.

8. 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.

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 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.

10. 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.

Related to this, please refer to our Privacy Policy (legal) for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of our Services, the Platform, Software, Product and Website is subject to our Privacy Policy.

11. Miscellaneous Legal

(a) This Agreement (together with the Terms of Use and Privacy Policy) constitutes the entire agreement between you, Ezlo 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 and Ezlo. (b) Except to the extent that applicable law (if any) provides otherwise, this Agreement shall be governed by the laws of the State of New Jersey, 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 New Jersey 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, VERA AND EZLO 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, VERA AND EZLO. 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 AGREEMENT. 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 and Ezlo may at their 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 (and any such assignment or other transfer shall be null and void). Vera and Ezlo may assign this Agreement to any entity or entities at their 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.