Swidget Terms of Use/End User License Agreement

Swidget manufactures, markets, and sells a variety of smart home devices (“Products”).

Swidget provides the following: (1) a Swidget website located at https://swidget.com and its subdomains (“Web Apps”), (2) software that may be downloaded to a smart device (“Mobile Apps”), and (3) subscription services that may be accessed via Web Apps or Mobile Apps (“Subscription Services”). The term “Services” refers to the Web Apps, Mobile Apps, and Subscription Services mentioned above. Swidget Products and Services may be used in ways that integrate with products and services from third parties.

THESE TERMS ARE A LEGAL AGREEMENT. By accessing or using any of Swidget’s Services, (1) you agree to be bound by all terms and conditions provided by Swidget (“Terms”) on behalf of yourself or the entity that you represent, and (2) you represent and warrant that you have the right, authority, and ability to accept and agree to these terms on behalf of yourself or the legal entity that you represent. You also represent that you are legal age in your jurisdiction or residence to use and access the Services and Products and to enter into this agreement.

 

1. Overview, Eligibility, Customer Service, Term and Termination

a) Overview and Relation to Other Agreements. These Terms govern your use of the Services and Products. Your purchase of any Product is governed by the warranty provided with that Product (“Warranty”). The software embedded in the Product (and any updates thereto) (“Product Software”) is licensed and governed by this agreement. Certain features of the Services may be subject to additional guidelines, terms or rules, in connection with such features. All additional guidelines, terms or rules and the Privacy Policy (“Privacy Policy”) are incorporated by reference into these Terms and you are agreeing to accept and abide by them by using the Services and Products.

b) Eligibility. (i) You may use the Services and Products only if you have the legal capacity to form a binding contract with Swidget, you accept these Terms through our Mobile Apps, or by accessing or using the Services or Products, and only if you are in compliance with these Terms and all applicable local, state/provincial, national and international laws, rules and regulations. The Services and Products are not available to any users previously prohibited from using the Services and Products by Swidget.

c) Customer Service. If you have any questions or concerns regarding the Products, the Services, or these Terms, please contact Swidget customer service at support@swidget.com.

d) Term and Termination. These Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. At any time, Swidget may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you if Swidget in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms or rules. If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or Services under your Account (as described below) and will need to register for a separate Account with Swidget.

(e) Effect of Termination. Upon termination of these Terms, your Account and your right to use the Services will automatically terminate.

 

2. User Accounts

 a) To use Swidget Services, you must register for a user account (Account) using the Web Apps or Mobile Apps and provide certain information about yourself. You represent and warrant that: (a) all required registration information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services and Products will not violate any applicable laws or regulations. You have no right to transfer your Account to any other individuals in any manner. We are not liable for any loss or damages arising from your failure to maintain the confidentiality of your Account.

b) By registering for an Account using the Web Apps or Mobile Apps, you authorize Swidget to create a linked complimentary account on your behalf, with our data and commercial service providers, using the same credentials. This includes Amazon Web Services and Shopify, but may be changed from time to time at the sole discretion of Swidget.

 

3. Access to Services

a) Access and Use. Subject to these Terms, Swidget grants you a non-transferable, non-exclusive right (without the right to sublicense) to access and use the Services by (i) using the Services in connection with, and solely for the purpose of, controlling and monitoring the Products you own or are authorized to control and monitor or otherwise accessing a service explicitly provided by Swidget for your use and (ii) installing and using the Mobile Apps on your handheld mobile device (e.g., iPhone, iPad, or Android smartphone). 

b) Automatic Software Updates. Swidget may from time to time develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Services and/or the Product Software (“Updates”). You acknowledge that you may be required to install Updates to use the Services and the Product and you agree to promptly install any Updates Swidget provides. Your continued use of the Services and the Product is your agreement to these Terms with respect to the Services and Products.

c) Integrations to Third-Party Products and Services. Over time, Swidget may provide the opportunity for you to interface the Products and Services to one or more third-party products and services, for example through the Works with Swidget platform (“Third Party Products and Services”). You decide which Third-Party Products and Services you want to interface. Your explicit consent and authorization is required for this interface, and is revocable by you at any time. Once your consent is given for a particular Third-Party Product and Service, you agree that Swidget may exchange information and data regarding you and your products, including personal account information, in order to enable the integration you have authorized. Once this information is shared with the Third-Party Product and Service, its use will be governed by the third party’s privacy policy and not by Swidget’s privacy policies. You acknowledge and agree that Swidget makes no representation or warranty about the safety of any Third-Party Products or Services. Accordingly, Swidget is not responsible for your use of any Third Party Product or Service or any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to your use of any Third Party Products or Services. You should contact the third party with any questions about their Third Party Products and Services.

d) Certain materials may be displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, video, images, and illustrations (“Content”). You may also post feedback, comments, questions, or other information on the Web Apps. You are solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, or that you contribute in any manner to the Services; you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it; and you license to Swidget all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. Swidget reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all.

e) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (iii) you agree not to access the Services in order to build a similar or competitive service; (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Product, the Product Software, or any other system, device or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by Swidget; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.

f) Open Source. Certain items of independent, third party code may be included in the Web Apps and/or Mobile Apps 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 these Terms 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. 

g) Privacy. Swidget’s Privacy Policy for Swidget Products and Services governs how Swidget collects and utilizes data. These documents describe practices regarding the information that Swidget may collect from users of the Products and Services, including any Content or User Submissions. 

h) Security. Swidget cares about the integrity and security of your personal information.  Swidget aims to keep its products, software and systems updated to the extent possible to protect and secure your devices and data against the risks associated with unauthorized access to your account; however, this is not a guarantee that new exploits for defeating our security measures, or the third party security measures upon which we have built our system will not be discovered or exploited. You acknowledge that you provide your personal information at your own risk. 

i) Modification. Swidget reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Swidget will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

j) Access Outside Certain Countries. Although the Services are accessible worldwide, the Products and Services provided are not intended to be available to all persons or in all countries. If you choose to access the Services from outside the US or Canada (“Target Countries”), you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Products and Services are not designed for use outside of the Target Countries and some or all of the features may not work or be appropriate for use in other countries. To the extent permissible by law, Swidget accepts no responsibility or liability for any damage or loss caused by your accessing or use of Products or Services outside of the Target Countries. You will be bound by these Terms wherever you access or use Products or Services. 

 

 

4. Agreed Usage and Limitations

a) Intended Use of Swidget Services. The Services are intended to be used for non-time-critical information and control of Swidget Products. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Swidget’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications, and carriers, among others. You acknowledge these limitations and agree that Swidget is not responsible for any damages allegedly caused by the failure or delay of the Services.

b) No Life-Safety or Critical Uses of the Services. You acknowledge and agree that the Products and Services, whether on their own or when integrated with third-party products or services, are not certified for use to control medical or life support equipment. You also acknowledge that the information from the Products and Services is to be used for informational purposes only and are not to be used as control thermostats, carbon dioxide detectors, or any other non-Swidget sensing technology.

c) Reliability of Notifications. You acknowledge that the Services, including remote access and mobile notifications, are not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive notifications in any given time or at all. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS OF YOUR Swidget PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM.

d) Temporary Suspension. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. Swidget does not offer any specific uptime guarantee for the Services.

e) System Requirements. The Services will not be accessible without:

For our Wi-Fi products: 

(i) a working Wi-Fi network in your home that is positioned to communicate reliably with the Products; (ii) an Account; (iii) mobile clients such as a supported phone or tablet (required for remote functionality); (iv) always-on broadband Internet access in your home with bandwidth sufficient to support the Products you use; and (v) other system elements that may be specified by Swidget. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.

For our Z-Wave products:

(i) a working Z-Wave network in your home that is positioned to communicate reliably with the Products; (ii) an Account with the manufacturer of the Z-Wave network hub; (iii) Z-Wave hub mobile clients such as a supported phone or tablet (required for remote functionality); (iv) always-on broadband Internet access in your home with bandwidth sufficient to support the Products you use; and (v) other system elements that may be specified by Swidget. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.

For our Zigbee products:

(i) a working Zigbee network in your home that is positioned to communicate reliably with the Products; (ii) an Account with the manufacturer of the Zigbee network hub; (iii) Zigbee hub mobile clients such as a supported phone or tablet (required for remote functionality); (iv) always-on broadband Internet access in your home with bandwidth sufficient to support the Products you use; and (v) other system elements that may be specified by Swidget. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.

For our 5G products:

(i) a nearby 5G telecommunications network access point that is positioned to communicate reliably with the Products; (ii) an Account with the appropriate telecommunications service provider; (iii) mobile clients such as a supported phone or tablet (required for remote functionality); (iv) other system elements that may be specified by Swidget. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.

f) Energy Monitoring and Costs. Some Swidget products have the ability to monitor the energy used by the connected appliance(s) or loads. The accuracy of any energy readings can be impacted by factors outside Swidget’s control, including magnetic fields created by electrical wiring, loads on downstream electrical devices, load fluctuations, interference from nearby appliances, and other factors. By accepting these terms you acknowledge that Swidget Products and Services do not have energy metering capabilities, rather they make use of energy monitoring technology, and Swidget makes no guarantee as to the accuracy of the energy use reported. Swidget uses these energy values in the calculation of energy costs, which are provided as a means of general comparison of consumption against other household products. These costs do not take into account time-of-use, or other schema that may reflected in your electricity bill. Swidget reserves the right to modify how it calculates energy and cost from time to time, which may have an impact on any rules or automations that rely on these values. You acknowledge that Swidget is not liable for any damages related to automations or rules that cease to function as a result of changes to the power consumption algorithms.

g) Energy Savings and other Benefits. Swidget does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Products or Services or any feature of them. Actual energy savings and monetary benefits vary with factors beyond Swidget’s control or knowledge. From time to time, Swidget may use the Services to provide you with information that is unique to you and your energy usage and suggests an opportunity to save money on energy bills if you adopt suggestions or features of the Product or Services. We do this to highlight an opportunity based on our analysis and information about you and your household. You acknowledge that these promotions are not a guarantee of actual savings, and you agree not to seek monetary or other remedies from Swidget if your savings differ.

h) The Services provide you information (“Product Information”) regarding the Products in your home and their connection with other products and services. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing Product Information through the Services is not a substitute for direct access of the information in the home.

i) Sensitive Data. Data protection and privacy laws where you live may impose certain responsibilities on you and your use of the Products and Services. You agree that you (and not Swidget) are responsible for ensuring that you comply with any applicable laws when you use the Products and Services, including but not limited to (i) any laws relating to the recording or sharing of video or audio content that includes third parties, or (ii) any laws requiring notice to or consent of third parties with respect to your use of Swidget Products and Services.

 

5. Limitations Of Swidget Services Due to Third Parties

a) General. Swidget Services rely on or integrate with third party products and services. These third party products and services are beyond Swidget’s control, but their operation may impact or be impacted by the use and reliability of the Swidget Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers, (ii) these third party products and services may not operate in a reliable manner 100% of the time, and they may impact the way that the Swidget Services operate, and (iii) Swidget is not responsible for damages and losses due to the operation of these third party products and services.

b) Third Party Service Providers Used By Swidget. You acknowledge that Swidget uses third party service providers to enable some aspects of the Services – such as, for example, data storage, synchronization, and communication through Amazon Web Services. YOU AGREE NOT TO RELY ON THE SERVICES FOR ANY LIFE SAFETY OR TIME-CRITICAL PURPOSES.

c) Equipment, ISP, and Carrier. You acknowledge that the availability of the Services is dependent on (i) your computer, mobile device, home wiring, home Wi-Fi network, Bluetooth connection, cellular (5G) carrier, Z-Wave and Zigbee hubs and their related services, and other related equipment (“Equipment”), (ii) your Internet service provider (“ISP”), and (iii) your mobile device carrier (“Carrier”). You acknowledge that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the Services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and Carrier.

d) Third Party Products and Services that Work With Swidget Services. Swidget may provide the opportunity for you to interface to Third Party Products and Services, for example through Amazon Alexa or Google Home. You acknowledge that Third Party Products and Services that you connect to your account or integrate with are not Swidget products and services and you acknowledge and agree that Swidget does not control these products and services, and that these Terms do not apply to any Third Party Products and Services. Use of any Third Party Products and Services is governed by separate terms and conditions provided by the operator(s) of the applicable Third Party Products and Services. You acknowledge and agree that Swidget makes no representation or warranty about the operation, reliability, or safety of any Third Party Products or Services. Accordingly, Swidget is not responsible for your use of any Third Party Product or Service or any personal injury, death, property damage (including, without limitation, to your home), interruption of service, downtime, data loss, or other harm or losses arising from or relating to your use of any Third Party Products or Services. You should contact the Third Party with any questions about their Products and Services.

e) App Stores. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that these Terms are between you and Swidget and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

f) Third Party Website Links and Referrals. The Services may contain links to other web sites operated by third parties (“Third Party Sites”) and referrals to third party vendors (“Referred Vendors”). Such Third Party Sites and Referred Vendors are not under Swidget’s control. Swidget provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites or Referred Vendors. Your use of these Third Party Sites is at your own risk.

g) Authorized Users. Swidget is not responsible for any Authorized User’s behaviour, or for any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to their use of the Services.

h) Release Regarding Third Parties. Swidget is not responsible for third parties or their products and services, including, without limitation, the App Stores, Third Party Products and Services, Third Party Sites, Referred Vendors, Third Party Equipment, ISPs, and Carriers. Swidget hereby disclaims and you hereby discharge, waive and release Swidget and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.

 

6. Ownership and Intellectual Property

a) Swidget Property. You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Product, Product Software, and Services (i.e., the Sites, Web Apps, and Mobile Apps) are owned by Swidget or its affiliates or our licensors. Your possession, access, and use of the Product, Product Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Swidget and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.

b) Feedback. You may choose to, or Swidget may invite you to submit comments, suggestions, or ideas about the Products or Services, including how to improve the Products or Services (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Swidget under any fiduciary or other obligation. Swidget may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Swidget does not waive any rights to use similar or related ideas previously known to Swidget, developed by its employees, or obtained from other sources. (c) User Submissions. You hereby grant us with a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to access, display, or otherwise use your User Submissions (including all related intellectual property rights) solely in connection with providing you the Services and as directed by you. You also hereby do and shall grant each user of the Services a non-exclusive license to access and use your User Submissions through the Services and as permitted through the functionality of the Services and under these Terms. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Swidget does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing.

 

7. Swidget Terms of Sale

a) Resale. Purchases made on the Store are intended for end users only, and are not authorized for resale. Swidget reserves the right to limit quantities of Products purchased.

b) Sales Tax. Depending on the order, Swidget calculates and charges sales tax in accordance with applicable laws.

c) International Sales. For sales outside of Canada or the US, you are responsible for any VAT, tariff, duty, taxes, handling fees, brokerage charges, customs clearance charges, etc. required by your country for importing consumer goods.

d) Shipping. Products may be purchased using our Services. To complete your purchase using the Services, you must have a valid billing and shipping address within a country that can be selected for the billing and shipping addresses as part of the checkout process (“Account Information”). When purchasing Swidget Products on the Services, you acknowledge and accept that Swidget may share your Account Information with a 3rd party fulfillment partner. 

 

8. Indemnification

You agree to defend, indemnify and hold harmless Swidget, and its officers, directors, employees, consultants, agents, and other representatives, from and against any and all suits, claims, actions, proceedings, damages, demands, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), arising from or related to: (a) your negligence or willful misconduct; (b) your use of the Services; (c) your breach of any of your representations, warranties, obligations, or covenants in this Agreement; and (d) your use of Third-Party Content.

 

9. Limitation of Liability

Nothing in these terms and in particular within this “limitation of liability” clause shall attempt to exclude liability that cannot be excluded under applicable law. To the maximum extent permitted by applicable law, in addition to the above warranty disclaimers, in no event will (a) Swidget be liable for any indirect, consequential, exemplary, special, or incidental damages, including any damages for lost data or lost profits, arising from or relating to the Services or the Products, even if Swidget knew or should have known of the possibility of such damages, and (b) Swidget’s total cumulative liability arising from or related to the Services and the Products, whether in contract or tort or otherwise, exceed the fees actually paid by you to Swidget or Swidget’s authorized reseller for the services or the product at issue in the prior 12 months (if any). This limitation is cumulative and will not be increased by the existence of more than one incident or claim. Swidget disclaims all liability of any kind of Swidget’s licensors and suppliers. under no circumstances will Swidget be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred in connection with use of or exposure to any content posted, emailed, accessed, transmitted, or otherwise made available via the services. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

 

10. General

Swidget reserves the right to make changes to these Terms. Swidget will post notice of modifications to these Terms on this page.

 

11. Questions and additional information

Please contact us at support@swidget.com if you have questions about these terms.