Last updated on January 19th, 2024
OVERVIEW:
This Terms of Service is a legal agreement between you (hereinafter referred to as you, the user) and SWITCHBOT INC (and our affiliates, hereinafter referred to as us). Before creating an account on our website or applications or using our products and services, you should carefully read and fully understand all the terms and conditions of this agreement, especially regarding service fees, applicable law, dispute resolution, and the exclusion or limitations of our liability and your rights and obligations. Our products, websites, applications and related information, tools and services are made available to you conditioned upon your acceptance of all terms, conditions, policies and notices stated by us.
When you access or use any part of our websites, applications and products, you indicate that you have fully read, understood and agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you are not authorized to access and use our products and services.
Any new features of our new products, websites and applications will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website and application.
When you agree to these Terms of Service, you represent that you have reached at least the legal age of your country, region, state or province. If you are a minor, please read carefully and fully understand this agreement accompanied by a legal guardian, and use our products, website, applications and related services with the consent of your legal guardian. If you are a company or other legal person or other organization, you must have the legal qualifications and permission to perform the agreement. You may not use our products and services for any illegal or unauthorized purpose nor may you, in the use of the products and services, violate any laws in your jurisdiction (including but not limited to copyright laws). Breach of any terms we have the right to immediately terminate your service and you may be held legally responsible.
SECTION 1 – ACCOUNT
You can visit and browse our website even if you do not have an account. However, for some of our services, you need to create an account through registration and then use that account to log in and use our website or application without creating an account again.
When registering an account, you shall promise and guarantee that all registration information you submit is true and accurate, and you shall always ensure that all information is true and accurate. You should keep all information such as passwords and verification codes of your account confidential. We are not responsible for any losses caused by the theft of your account or password due to your fault; in addition, you shall also be responsible for the losses (if any) caused to us or any third party.
No one has the right to use another person's account or password without the express permission and authorization of the account or password holder. If you become aware of any unauthorized use of your account or password or any other similar behavior, please contact us immediately. It is not recommended that you authorize others to use your account password. If someone else uses your account password to cause losses to us or any third party, you shall bear all responsibilities arising therefrom.
SECTION 2 – GENERAL CONDITIONS
You agree that we will collect, use, store, disclose, share and transmit the information you provide in a legal and compliant manner. You also agree not to copy, reproduce, sell, resell or exploit any portion of the products or services, or any contact on the services, website or application, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information we provide is not accurate, complete or current. The material is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material is at your own risk.
We reserve the right to modify the contents of the information we provide at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes of our information.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site or the application is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website or application (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY SERVICE
Certain content, products and services available via our service may include materials from third-parties.
From time to time, we may recommend and provide access to or enable third-party software, applications, products, services or links to websites (collectively, "Third-Party Services") for your consideration or use. Your purchase, access or use of any such Third-Party Services is solely between you and the applicable third-party service provider ("Third-Party Provider"). In addition to these Terms of Service, you agree to be bound by certain additional terms that may apply to content, products and services provided by third-party providers.
We are not responsible for reviewing or evaluating the content or accuracy of Third-Party Services and we do not warrant or make any representations about the Third-Party Services. The provision of Third-Party Services on our site or application, or the integration of or enabling of such Third-Party Services with the services does not constitute or imply our endorsement, authorization, support of, or affiliation with the services. We do not guarantee the availability of Third Party Services, and you acknowledge that we may remove access to any Third Party Services at any time, in our sole discretion, without prior notice. We are not responsible for any suspension or suspension of access to, or removal of, any third-party services. Neither of us will be liable for any direct, indirect, incidental, special, punitive, extraordinary or any other damages arising out of any Third Party Services or your contractual relationship with any Third Party Provider.
We are not liable for any harm or harm related to any transactions made in connection with any third-party websites, including the purchase or use of goods, services, resources, content, or otherwise. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. By installing or enabling a Third-Party Service and using it with the service, you authorize us to allow the applicable third-party provider to access your data and other content and take any other actions as necessary in order for the Third-Party Service to interact with the service. Operations, any exchange of data or other content or other interactions between you and a third-party provider are solely between you and such third-party provider. We are not responsible for any disclosure, modification, or deletion of your data or other content, nor are we responsible for any consequential loss or damage you suffer as a result of a third-party service or third-party provider's access to your data or other content. You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys' fees, arising out of your use of Third-Party Services or your relationship with third-party providers, we and our parents, subsidiaries, affiliates, partners, officers, directors, agents, employees and suppliers disclaim all liability.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the web and application is governed by our Privacy Policy. Please view our Privacy Policy carefully.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in our application that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the service or on any related website or application, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website and application, should be taken to indicate that all information in the service or on any related website and application has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site, application or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose;
(k) to interfere with or circumvent the security features of the service or any related website, other websites, or the internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses;
(l) make any similar agreement on behalf of the company or its affiliates that may violate any applicable anti-corruption laws;
Or (m) violate the relevant agreements of the United States, Japan and Europe, purchase products and then sell or transfer them to countries, individuals or entities targeted by the sanctions of the United States, Japan and Europe, or use them for end purposes prohibited by the sanctions of the United States, Japan and Europe.
We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses, and to pursue legal liability.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify and defend against any claim or demand arising out of or in connection with your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party. And you agree to hold harmless our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any of these claim or demand, including reasonable attorneys' fees.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on the site or application constitute the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 18 - Force Majeure
You agree that we shall not be liable for any force majeure (including but not limited to acts of God, terrorism, war, political unrest, insurrection, riots, civil events, unrest, acts of civil or military authorities, resistance, earthquakes, floods or other natural or man-made factors beyond its control) shall be deemed as a breach of this agreement and shall not be liable for any failure to perform any of its obligations under this agreement due to any force majeure. However, we will notify you promptly and make every effort within our control to comply with the terms and conditions of this agreement.
Section 19- INTELLECTUAL PROPERTY
The intellectual property rights of all content we provide in our products and services (including but not limited to trademarks, text, designs, graphics, articles, photos, videos, audios, software, etc.) belong to us and no one may use them without our permission. Use the intellectual property or create any derivative works based on its content.
You represent and warrant that when using our products and services, you will comply with all applicable laws and respect the intellectual property rights of others. You agree not to upload, post, transmit, or display any content that infringes any third party's patent, trademark, copyright, or other intellectual property or proprietary rights.
The intellectual property rights generated during your use of our products and services are owned by you or the relevant rights holder, but the comments and other content you share may be seen by others. In this case, you agree to grant to each of our users access to relevant content submitted by you. At the same time, other information you share during the use of the service (including but not limited to improvement suggestions, ideas and criticisms about our service) may be used to maintain and improve our service. You hereby grant us a permanent, irrevocable , non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, view, copy, modify, forward, display, prepare, transmit and exploit your submissions, including all intellectual property rights , at the same time, you grant us the right to reformat, modify, create derivative works from, extract and translate the content you submit.
Section 20- Governing law
All matters relating to your access to our website, applications or use of products and/or services shall be construed and understood in accordance with and governed by the laws of the State of Delaware, United States, without regard to any choice of law principles (which may provide for a different governing law). You consent to the jurisdiction of the courts located in the State of Delaware.
This Agreement expressly excludes the application of the United Nations Convention on Contracts for the International Sale of Goods.
Section 21- CHANGES TO TERMS OF SERVICE
We will announce modifications and changes to the service agreement timely, you can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@switch-bot.com.
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