End User License Agreement
SmartBee Technology, Inc.
This end-user license agreement (“EULA”) is a legally binding agreement between you (a single natural or legal person, hereinafter referred to as “You”) and SmartBee Technology, Inc. (“SmartBee ”), the owner of the SmartBee App and software products (collectively referred to in this EULA as “Software”), and the SmartBee hardware products (the “Hardware”). The Software and Hardware (collectively, the “SmartBee Products”) allow users to remotely monitor garden events and control indoor garden environmental conditions.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SMARTBEE PRODUCTS. THE TERMS AND CONDITIONS OF THIS EULA, THE PRIVACY POLICY AVAILABLE AT www.smartbeecontrollers.com/privacy-policy (“PRIVACY POLICY”), AND THE TERMS OF SERVICE, AVAILABLE AT www.smartbeecontrollers.com/terms-conditions-shipping-and-returns (“TERMS OF SERVICE”) GOVERN USE OF THE SMARTBEE PRODUCTS. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF SERVICE AND THIS AGREEMENT, THE TERMS OF SERVICE SHALL GOVERN.
By clicking on the “I accept” button below or by using the SmartBee Products, you indicate that you understand this EULA, the Privacy Policy, and the Terms of Service, and accept all of their terms. If You do not accept all the terms of this EULA, the Privacy Policy, and the Terms of Service, then You must immediately stop using the SmartBee Products.
1. SCOPE OF LICENSE
Upon the acceptance of this EULA, SmartBee hereby grants to You a limited, non-transferable, non-exclusive, non-assignable, revocable license to download, install and use the SmartBee Products on any computer, tablet or mobile device (“Device”) that You own or control and as permitted by any third-party agreements related to your Device (i.e., Apple’s Usage Rules and/or Google Play/Android Rules). This EULA does not allow You to use the SmartBee Products on any Device that You do not own or control, and You may not rent, lease, lend, sell, redistribute or sublicense the SmartBee Products. You agree not to attempt to decompile, reverse engineer, or disassemble the SmartBee Products or otherwise reduce the Software to human readable form. Failing to follow this provision may subject You to prosecution and damages.
2. SOFTWARE UPDATES
Any future release, update, or other addition to the functionality of the SmartBee Products, if any, provided by SmartBee (collectively, “Software Updates”) will be subject to the terms of this EULA unless otherwise provided by SmartBee in writing. To keep Your SmartBee Products up-to-date, SmartBee may, in its discretion, automatically provide Your SmartBee Products with Software Updates.
3. MODIFICATIONS
SmartBee reserves the right, at its sole discretion, to modify, discontinue or terminate this EULA, at any time and without prior notice. If SmartBee modifies this EULA, SmartBee will post the modification at www.smartbeecontrollers.com/EULA. By continuing to access or use the SmartBee Products after SmartBee has posted a modification to the EULA, You are indicating that You agree to be bound by the modified EULA. If the modified EULA is not acceptable to You, Your only recourse is to cease using the SmartBee Products.
4. INTELLECTUAL PROPERTY RIGHTS
As detailed in the Terms of Service, the SmartBee Products and all worldwide copyrights, trademarks, patents, trade secrets and other intellectual property rights therein (the “SmartBee IP”) are the exclusive property of SmartBee and/or its licensors. You agree that the SmartBee IP is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark, and that you will not use the SmartBee IP in any way whatsoever except as permitted by this Agreement, and any applicable law. In the event of any third party claim that content You create using the SmartBee Products infringes on a third party’s intellectual property rights, You accept and acknowledge that SmartBee will not be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. Further, in such an event, you will defend and indemnify SmartBee against all claims, demands, lawsuits, or other action, including reasonable attorneys’ fees, costs, and damages or payments for settlement of such claims.
5. NO IMPLIED LICENSE
Except as expressly provided in this EULA, nothing shall be interpreted as granting you a license to the SmartBee IP. There are no implied licenses in this EULA.
6. CONSENT TO USE OF DATA
Our use of Your personal information shall be governed by our Privacy Policy. By using the SmartBee Products, you indicate your understanding of and acceptance of our Privacy Policy.
7. USE OF SMARTBEE PRODUCTS
You agree that you will use the SmartBee products for their intended purpose, and not for any other purpose. You agree to use the SmartBee Products at your sole risk and that SmartBee shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. To the extent You choose to access the SmartBee Products, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable international, foreign, national, state, or local laws. SmartBee reserves the right to change, suspend, remove, or disable access to any portion(s) of or the entire SmartBee Products at any time without notice. In no event will SmartBee be liable for the removal of or disabling of access to any portion of the SmartBee Products.
8. WARRANTIES AND PRODUCT CLAIMS
SmartBee offers a limited one (1) year warranty from the date of original purchase against defects in materials and workmanship in the hardware applicable only for the original purchaser (the “Warranty Period”).
If during the Warranty Period we receive a valid warranty claim, SmartBee will replace any defective unit at no cost to the original purchaser with, in SmartBee’s sole discretion, either: (i) a new unit, or (ii) a fully refurbished or comparable unit. Two-way shipping expense will be covered by SmartBee pursuant to a return merchandise authorization (“RMA”) that can be obtained from SmartBee.
Proof of purchase will be required for all warranty claims. Original hardware must be returned to SmartBee within 14 days of receipt of the replacement unit, failing which the cost of such replacement unit will be charged to the recipient.
This limited warranty does not cover physical damage, normal wear and tear or damage due to accident, misuse or abuse, such as dropping, tampering with or modifying the unit.
OTHER THAN THE LIMITED WARRANTY DESCRIBED ABOVE, SMARTBEE DOES NOT WARRANT THAT THE SMARTBEE PRODUCTS WILL OPERATE ERROR-FREE OR THAT THE SMARTBEE PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SMARTBEE PRODUCTS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, PRODUCTS, PLANTS OR DATA, SMARTBEE IS NOT RESPONSIBLE FOR THOSE COSTS.
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SMARTBEE PRODUCTS. THE SMARTBEE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SMARTBEE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SMARTBEE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, ITS SERVICES, SOFTWARE, HARDWARE, TEXT, GRAPHICS AND LINKS.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SMARTBEE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF CROPS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SMARTBEE PRODUCTS, OR ARISING OUT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SMARTBEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SOFTWARE MAY PROVIDE YOU WITH INFORMATION SUCH AS DATA THAT IS RECEIVED FROM THE HARDWARE (THE “INFORMATION”). THE INFORMATION IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT OBSERVATION AND COMMON SENSE JUDGMENT.
** NOTE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS EULA WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. LEGAL COMPLIANCE
You represent and warrant that you will not export or re-export the SmartBee Products except as authorized by United States law and the laws of the jurisdiction in which the SmartBee Products were obtained. You also represent and warrant that the SmartBee Products will not be exported or re-exported (i) into any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the SmartBee Products, You further represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the SmartBee Products for any purposes prohibited by United States law.
10. USERS OUTSIDE THE UNITED STATES
If You are using the SmartBee Products outside the United States, then the following shall apply: (a) You confirm that this EULA and all related documentation is and will be in the English language; (b) You are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the SmartBee Products, and You represent that you have complied with any regulations or registration procedures required by applicable law to make this EULA enforceable; and (c) You shall not use the SmartBee Products for any purpose(s) prohibited by the laws of the jurisdiction in which You use the SmartBee Products.
11. TERMINATION
This EULA is effective until You cease using the SmartBee Products or the EULA is terminated by SmartBee. Your rights under this EULA will terminate automatically without notice from SmartBee if you fail to comply with any term(s) of this EULA, the Terms of Service, or the Privacy Policy. Upon termination of the EULA, you shall cease all use of the SmartBee Products, and destroy all copies, full or partial, of the Software.
12. GENERAL PROVISIONS
This EULA will be governed by and construed in accordance with the laws of the State of Nevada, without regard to or application of conflicts of law rules or principles. You may not assign or transfer this EULA or any rights granted hereunder, by operation of law or otherwise, and any attempt by You to do so will be void and of no effect. Except as expressly set forth in this EULA, the exercise by either party of any of its remedies under this EULA will be without prejudice to its other remedies under this EULA or otherwise. All notices or approvals required or permitted under this EULA will be in writing and delivered unreturned by email, to the email below, overnight delivery service, or by certified mail, to SmartBee at the address below, and to You at the contact information You provided the Company. In each such instance notice will be deemed given upon receipt. The failure by either party to enforce any provision of this EULA will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this EULA will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this EULA is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. This EULA, the Privacy Policy and the Terms of Service are the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter.
13. CONTACT INFORMATION
Should You have any questions about this EULA or the SmartBee Products, You may contact SmartBee via email at support@smartbeecontrollers.com or telephone 1-888-936-9277 or deliver written mail to the following address:
SmartBee Technology, Inc.
3460 Marron Road
Suite 103-112
Oceanside, CA 92056
