Terms and Conditions and End-User License Agreement
Please read through the Lockitron Terms and Conditions and End User License Agreement outlined below prior to registering your Lockitron as your use of Lockitron is subject to the terms outlined below.
Terms and Conditions for Lockitron Users
Thank you for choosing Lockitron offered by Apigy Inc (the "Company"). These are the terms and conditions (the "Terms") which apply to your use of this website and to your use of the Lockitron mobile service (collectively referred to as the "Service"). Additional terms and conditions that apply to the software ("Software") required for the Service are stated in the Lockitron Software Terms and Conditions ("Software Terms") and are incorporated herein by reference. "Terms" and "Software Terms" are collectively referred to as the "Lockitron Terms".
Please read these Lockitron Terms before registering for the Service. By completing your registration and clicking on the "I Accept" button below, you will become a registered user of the Service and Software (a "User") and you agree to be bound by the Lockitron Terms. IF YOU DO NOT AGREE TO THE LOCKITRON TERMS, PLEASE DO NOT REGISTER FOR THE SERVICE. The Lockitron Terms are subject to change by the Company at any time; however, the most current version of the Lockitron Terms will be available to you by clicking on the link at the bottom of the Website. You are encouraged to regularly review the Lockitron Terms to ensure that you are aware of any changes. By continuing to use the Service after changes in the Lockitron Terms have been posted on the Website, you agree to be bound by the most current version of the Lockitron Terms.
In the event of any conflict between these Lockitron Terms and the terms of any other offer for the Service. These Lockitron Terms will govern.
2. CHANGES/UPGRADES TO THE SERVICES
The Company has the right, in its sole discretion, to modify or change the Services and/or Software and any related Fees (as defined below), and will notify you of such changes via the Website, e-mail, or other method determined by the Company. Your continued use after such modification(s) or change(s) are made constitutes your acceptance of such Service, Software, and/or Fees. However, if at any time you are not satisfied with the Service, Software, and/or Fees, you will always have the right to terminate the Service subject to the terms provided in Section 8 below.
You will receive all updates to your existing Service at no charge by the Company. If you choose to add additional services or features to your existing Service, you will be required to purchase such additional services or features.
3. USE OF SERVICE AND WEBSITE
ELIGIBILITY - You must be 18 years old, or the age of majority, as determined by the laws of your state of residency, to become a User and assume the obligations set forth in these Lockitron Terms.
SERVICE AREA - Your service area will be dependent on your working cell phone coverage and internet access. The Company is not responsible for any issues arising from dependence on your cell phone coverage or internet access.
SYSTEM REQUIREMENTS - The Company does not manufacture, sell, or install the third party systems required to utilize this Service. You may only access and use the Service with equipment capable of receiving the Service as identified below ("Third Party Equipment or Service"). You must purchase all Third Party Equipment or Service, including installation, service, and parts, from an authorized seller or manufacturer. All Third Party Equipment or Service will be subject to the seller's or manufacturer's terms and conditions of sale, including, but not limited to, return policy and warranty, if available. The Company is not responsible for any loss or damage to your personal or real property, including without limitation, your home, personal belongings, and the like, resulting from the installation or use of the Third Party Equipment or Service with the Lockitron Service. Additionally, the Company is not responsible for the advertising, practices, promises, statements, services, or other items made by the manufacturers or sellers of the Third Party Equipment or Service. Additionally, if you have any questions regarding your Third Party Equipment or Service, you should contact the manufacturer or seller.
THIRD PARTY EQUIPMENT OR SERVICE
Overall system requirements
- Functioning Broadband Internet Connection
- Secured Router with at least one available port
- Computer with Internet Access
- A valid email address
Supported internet browsers for the Lockitron online website
- Google Chrome 8+
- Firefox 3+
- Safari 3+
Supported phones for the Lockitron mobile phone website
- Mobile phones with internet browser and capable of accepting the Lockitron SSL Certificate
- NOTE: All compatible phones require an internet data plan to work with Lockitron.
PERSONAL USE OF THE SERVICE - You may allow multiple individuals to use this Service subject to the Lockitron Terms. However, you are responsible for assuring those individuals' compliance with the Lockitron Terms. You may not assign your obligations under these Lockitron Terms to any other party.
SAFETY AND ACCESS CONTROL - It is your responsibility to exercise discretion and observe all safety measures that you deem necessary or as may be required by law to protect your personal well-being and personal and real property and to prevent unauthorized access, misuse of passwords, or misuse of any other information. You may only access and use the Website in the manner authorized by the Lockitron Terms and any other documents provided to you by the Company. The Company is not liable to you for any unauthorized access or misuse of the Service and Website. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, computer systems or networks connected to the Website, through hacking, password mining, or any other means. You agree that you will not engage in any activities with respect to the Website that are contrary to any applicable laws, rules, regulations, or the like.
SERVICE INTERRUPTIONS - Since the Service is web based, it may be interrupted or negatively affected by items outside of the control of the Company. The Company is not liable to you for interruptions of or problems with the Service caused by acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, e-business software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services; failure of access circuits to the Company's computer network, unless such failure is caused solely by the Company; DNS ("Domain Name Server") issues outside the direct control of the Company; Issues with FTP, POP3, SMTP, or any items relating to your access to the Website or the Services; your acts or omissions (or acts or omissions of others engaged or authorized by you, including, without limitation, custom scripting or coding (e.g., COI, Perl, HTML, ASP, etc.), any negligence, willful misconduct, or use of Website or Services in breach of this Agreement; e-mail or WebMail delivery and transmission; DNS propagation; or outages elsewhere on the Internet that hinder access to the Website or the Services. Your Service is dependent on you ensuring that your Third Party Equipment or Service is active and fully functioning and the Company is not liable due to any failure of your Third Party Equipment or Service.
RESTRICTIONS ON USE - You agree that you will not copy, translate, rent, lease, sublicense or otherwise transfer the Software; and/or cause or permit reverse compilation, reverse engineering, or reverse assembly of all or any portion of the Software. You further agree not to allow, except as otherwise provided herein, any third parties, consultants or independent contractors to operate or use the Software or the Services, obtain access to or view the operation of the Software or the Services.
CUSTOMER SERVICE - For any questions or concerns regarding the Service or Software, please contact our customer service at email@example.com.
All fees related to the Service (the "Fees") will be billed to you by the Company's third party provider, Stripe, and all payments will be transacted through Stripe. The Company reserves the right to change its third party provider and manner of payment without prior notice to you. Your credit card will be automatically billed on the anniversary date of activating a premium feature on a monthly basis, until your Service is terminated by the Company or you terminate your Service in accordance with Section 8 below. Any renewal of a premium feature will be billed at the Fee in effect at the time of the renewal. You will not receive billing statements. Billing statements may be accessed by you on the Website under "Settings" Any questions or claims regarding billing can be directed to our customer service as identified in Section 3 above. If you wish to dispute a charge on your bill, please contact our customer service within 120 days after the due date of the charge in question, otherwise you waive your right to dispute the charge.
You are responsible for immediately notifying the Company of any changes to your registration information including, but not limited to, name, credit card information, etc.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE PERFORMANCE OR FUNCTIONALITY OF THE SERVICE, THE WEBSITE, OR SOFTWARE AND ALL ASSOCIATED SERVICES AND INFORMATION (COLLECTIVELY "LOCKITRON SERVICES") OR FOR ANY THIRD PARTY EQUIPMENT OR SERVICE. THE LOCKITRON SERVICES ARE BEING PROVIDED TO YOU ON "AS-IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE LOCKITRON SERVICES IS AT YOUR SOLE RISK. ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, OR STATUTORY.
THE THIRD PARTY LINKS, RESOURCES, AND CONTENT AVAILABLE WITH THE LOCKITRON SERVICES ARE NOT CONTROLLED BY THE COMPANY, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING SUCH THIRD PARTY LINKS, RESOURCES, AND CONTENT INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY WILL NOT BE LIABLE FOR YOUR ACCESS TO, USE OF OR DOWNLOADING OF CONTENT AVAILABLE ON OR THROUGH, THE SERVICE OR WEBSITE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISLCAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
THE COMPANY DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OBLIGATION OR LIABILTY IN CONNECTION THE LOCKITRON SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, PERSONAL OR REAL PROPERTY DAMAGE, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, OR NEGLIGENCE) AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY RELATED TO (a) THE USE OF OR INABILITY TO USE THE LOCKITRON SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR (c) ANY OTHER MATTER RELATING TO THE LOCKITRON SERVICES. EXCEPT AS OTHERWISE PROVIDED IN THESE LOCKITRON TERMS, IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LOCKITRON SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL AND DISCONTINUE USING THE LOCKITRON SERVICES AND TO RECEIVE A REFUND FOR SERVICES NOT RENDERED. IN NO INSTANCE WILL THE COMPANY'S LIABILITY TO YOU EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM AT ISSUE AND YOU AGREE THAT THIS LIMITATION REPRESENTS A REASONABLE ALLOCATION OF RISK. THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL APPLY REGARDLESS OF ANY ALLEGATION OR FINDING THAT A REMEDY FAILED OF ITS ESSENTIAL PURPOSE, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) AND EVEN IF THE COMPANY OR OTHERS WERE ADVISED OR AWARE OF THE POSSIBILITY OF LIKELIHOOD OF SUCH DAMAGES OR LIABILITY.
BY REGISTERING FOR THE SERVICE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD APIGY INC, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND LICENSORS, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, PROCEEDINGS, SUITS AND ACTIONS, INCLUDING ANY RELATED LIABILITIES, OBLIGATIONS, LOSSES, DAMAGES, PENALTIES, FINES, JUDGMENTS, SETTLEMENTS, EXPENSES (INCLUDING ATTORNEYS' AND ACCOUNTANTS' FEES AND DISBURSEMENTS) AND COSTS INCURRED BY, BORNE BY OR ASSERTED AGAINST THE COMPANY TO THE EXTENT SUCH CLAIMS IN ANY WAY RELATE TO, ARISE OUT OF, OR RESULT FROM YOUR USE OF THE LOCKITRON SERVICES.
8. TERM AND CANCELLATION
Your Service will commence upon your acceptance of these Lockitron Terms and will continue until cancellation by either you or the Company as provided herein. Any cancellation will take effect immediately.
The Company reserves the right to suspend or cancel the Services at any time if you fail to pay amounts owing to the Company when due, violate or breach any of the Lockitron Terms, or for any other reason in its sole discretion. If your Service is suspended or cancelled, you will still be responsible for payment of all outstanding balances accrued through the cancellation date, including any fees described herein.
You will have a right, at any time, to cancel the Service upon notice to the Company. Upon such notice, you will not receive a refund of any Fees paid during the month Service was cancelled. In the event you have a premium feature, you will receive a refund based on the number of unused days left in the Service in accordance with any applicable Fee promotion.
Upon termination of the Service, you will no longer have access to the Service and you must delete or uninstall any Software from your Third Party Equipment or your possession.
WAIVER. Any waiver granted herein shall not be deemed effective unless in writing, executed by the party as to whom enforcement of the waiver is sought. A waiver by either party of any provision(s) hereof shall not be deemed a waiver as to any other provision hereof or of any subsequent breach by either party of the same or any other provision.
SEVERABILITY. If any provision of these Lockitron Terms is prohibited or unenforceable by any applicable law, the provision shall be ineffective only to the extent and for the duration of the prohibition of unenforceability, without invalidating any of the remaining provisions.
SURVIVAL. The obligations of you under these Lockitron Terms that by their nature would continue beyond the termination of these Lockitron Terms including, but not limited to, those sections relating to Fees and Indemnification will survive any termination.
ATTORNEYS' FEES. In the event the Company seeks legal action against you for collection of any Fees or to enforce its rights and your obligations under these Lockitron Terms, the Company is entitled to recover from you its reasonable costs and expenses including, but not limited to, reasonable attorneys' fees incurred as a result.
REMEDIES. The rights and remedies provided to the Company under these Lockitron Terms are in addition to any other remedies available at law or in equity.
GOVERNING LAW AND VENUE. These Lockitron Terms shall be governed by and interpreted according to the laws of the State of Deleware, without regard to conflicts of law principles. Venue for any action, claim or proceeding pertaining to this Agreement shall be Delware.
ENTIRE AGREEMENT. These Lockitron Terms represent the entire agreement and understanding of the parties with respect to the subject matter of these terms and conditions and supersedes all prior agreements and understandings between the parties, whether oral or written, with respect to this subject matter.
BY USING THE LOCKITRON SERVICES, I REPRESENT THAT I HAVE READ AND UNDERSTAND THESE ENTIRE LOCKITRON TERMS, AND I AGREE TO ALL THE TERMS AND CONDITIONS OF THE LOCKITRON SERVICES AS STATED ABOVE.
End User Software License Terms
READ THE FOLLOWING TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE CAREFULLY BEFORE PROCEEDING. BY PROCEEDING, YOU ARE ACCEPTING AND AGREEING TO THE FOLLOWING SOFTWARE LICENSE TERMS AND CONDITIONS. IF YOU ARE NOT WILLING TO BE BOUND BY THE FOLLOWING SOFTWARE LICENSE TERMS AND CONDITIONS, YOU SHOULD PROMPTLY EXIT THE LOCKITRON WEBSITE. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING LOCKITRON SOFTWARE BETWEEN YOU AND APIGY INC ("COMPANY"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
1. LICENSE GRANT AND USE
a. Company grants to You a nonexclusive, non-transferable license to access via Company's web site and use the machine-readable version of Lockitron software, as may be updated from time to time without notice by Licensor at Licensor's sole discretion ("Licensed Software"), user manuals and technical materials viewable and printable through Licensor's website (the "Documentation"). The Licensed Software and Documentation are collectively called the "System."
b. You acknowledge that You have no ownership, rights, title or other interest in the Software apart from that granted hereunder. All rights, title, and interest including, but not limited to, intellectual property interests, in and to the System are the exclusive property of Licensor, and this Agreement shall not be deemed a transfer of title or ownership in any respect.
c. You acknowledge that the license granted hereunder is terminable at will by the Company in its sole and absolute discretion. Termination of the Agreement revokes Your license and ends Your rights. In case of such termination, You will immediately cease use of the System. The terms that by their sense and context are intended to survive performance by either or both parties shall so survive the performance and termination of the Agreement, including without limitation those terms relating to warranty limitations, limitation of liability, remedies or damages, or Company's proprietary rights.
d. You acknowledge that the Licensed Software may include software provided by third parties ("Third Party Software") and the licensor of any Third Party Software embedded in the Licensed Software has a proprietary interest in such software.
e. You may view and download a single copy of the Documentation solely for Your personal, non-commercial use. You will not otherwise, in whole or in part, sublicense, copy, rent, loan, transfer, modify, enhance, prepare derivatives of, decompile, or reverse engineer any portion of the System.
f. If any modifications, enhancements, improvements or alterations to the Software are or have been made by Company, You or any non-party, either singly or in combination, all such modifications, enhancements, improvements or alterations shall belong exclusively to Company. You agree to assign to Company any ownership or other right, title and interest in or to any such improvements, enhancements, modifications or alterations and to execute any documents to facilitate said assignment that are requested of it by Company.
g. Your rights hereunder may not be assigned, sold, transferred, pledged or encumbered in any way. You may not sell, sublicense or rent Software to any third-party. Company may assign this Agreement.
Company shall have no obligation to support or maintain Software.
3. CONSULTING AND TRAINING
Consulting and training services are not provided under this Agreement.
4. PROPRIETARY RIGHTS
You acknowledge that System is a proprietary asset of Company.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE PERFORMANCE OR FUNCTIONALITY OF THE SOFTWARE. THE LICENSE OF SAID SOFTWARE HEREUNDER IS STRICTLY ON AN "AS-IS" BASIS. ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, OR STATUTORY.
6. LIMITATION OF LIABILITY
YOU WAIVE AND RELEASE ANY CAUSES OF ACTION, BOTH AT LAW OR IN EQUITY, AND/OR ANY REMEDIES YOU MIGHT CURRENTLY HAVE OR HEREAFTER ACQUIRE AGAINST COMPANY, OR ITS RELATED BUSINESSES, SUPPLIERS, AGENTS, OR REPRESENTATIVES ARISING EITHER HEREUNDER OR FROM YOUR PRIOR USE OF THE SOFTWARE. IN NO EVENT, SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, OR FOR SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, AND EACH PARTY COVENANTS NOT TO SEEK SUCH DAMAGES WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT.
7. EXPORT CONTROL
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the System or any portion thereof to countries or persons prohibited under the export control laws. By downloading the System, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the System.
8. USER INFORMATION
9. GOVERNING LAW
This Agreement and any disputes or controversies arising hereunder is governed by and construed according to the internal laws of the State of Deleware, United States of America, without regard to its conflict of law principles, and not including the United Nations Convention on Contracts for the International Sale of Goods.
10. ENTIRE AGREEMENT
This represents the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersedes all prior agreements and understandings between the parties, whether oral or written, with respect to this subject matter. Notwithstanding the foregoing, the Terms and Conditions of Company's web site are incorporated herein by reference and are made part of this Agreement. You acknowledge that such Terms and Conditions may be changed at any time without notice by Company, and that such changes to the Terms and Conditions shall be binding upon You.
Last Updated May 2011.