Effective date: 08/15/2022
Update date: 06/09/2023
Welcome to using Kaadas Home-related services!
Before accepting this agreement, please be sure to read all the contents of this agreement carefully and fully understand the content of the terms, especially the limitation or exemption clauses. The limitation or exemption clauses will be bold or other conspicuous forms to remind you of your attention. If you have any questions about the terms of this agreement, please contact us. Unless you have read and accepted all the terms of this agreement and related agreements, rules, etc., you have no right to use this service. Once you select "Agree and Submit" (see the registration page for specific wording) and complete the registration process, or you use this service in any way, it is deemed that you have read and agreed to the above agreement, rules, etc. constraints.
If you violate this agreement, Kaadas Home has the right to unilaterally take measures such as restricting, suspending, or terminating the provision of services to you at any time based on your violation, and has the right to hold you accountable.
This service agreement will help you understand the following:
1. Account Registration
4. Third-Party Websites; Additional Products and Services
5. License to Use the App
6. License Restrictions
7. Your Content
8. Reservation of Rights
9. App Availability and Support
10. PRIVACY QUESTIONS
11. DISCLAIMER OF WARRANTIES
12. DISCLAIMER OF CERTAIN DAMAGES
13. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES
14. IMPORTANT CONSUMER NOTICE
15. Independent Remedies
18. Modifications to these Terms
19. Governing Law
20. AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER; AND LOCATION OF DISPUTE RESOLUTION
To use the App you will need to log in to the App with a user account that you register for through the site or with your user account credentials from another website that we designate, such as Facebook ("Account"). You agree to provide current, complete, and accurate Account information when you register for an Account. You agree to keep your log-in information confidential and not authorize any third party to use it or your Account. You agree that we may attribute all use of your Account to you and that you are responsible for all activities that occur under your Account. You agree to notify us immediately at email@example.com if you suspect any unauthorized use of your Account, the App, or any other breach of security. Depending on your Account type or other criteria, your Account may not have full access to all features or functionality available through the App. You agree not to attempt to access any (if any) restricted features or functionality.
You must be 18 years of age or older to use the App. By registering for an Account, you certify that you are 18 years of age or older.
If we provide updates, supplements, or add-on components to the App after you download it (collectively, "Updates"), these Terms will apply to the Updates unless we provide additional terms along with the Update ("Additional Terms"), in which case those Additional Terms will apply to the Update. You agree that we may automatically check your version of the App and send Updates to the App and may release subsequent versions of the App and require you to use the most current version.
Conditioned on your compliance with these Terms, we grant you a limited, personal, non-exclusive, and non-transferable license to download, install, and use the App for your personal, non-commercial use on a mobile device owned or otherwise controlled by you solely in connection with your operation of Lock(s) owned by you or by a third party that has authorized your access to the Lock(s) through the owner's use of the App.
The license granted in Section 6 is conditioned on your compliance with the following:
a. You must not attempt to work around, disable, bypass, modify, or defeat any technical limitations in the App or to use the App in an attempt to, or in conjunction with any device, program, or service designed to circumvent any security features or any technical measures employed to control access to, or the rights in, a content, file or other work;
b.You must not reverse engineer, decompile, decipher, disassemble, or otherwise attempt to access the source code of the App, except and only to the extent that applicable law expressly permits, despite this limitation;
c. You must not download or copy the App, except as expressly permitted in Section 5;
d. You must not rent, lease, lend, sell, sublicense, assign, distribute, publish, perform, display, broadcast, transfer, exploit, or otherwise make available the App or any features or functionality of the App to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
e. You must not modify or make any derivative works of the App, in whole or in part;
f. You must not remove any proprietary notices or labels on the App or any copy thereof;
g. You must not use the App in, or in association with, the operation of any hazardous environments or systems, including any aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; and military or aerospace applications, weapons systems or environments;
h. You must not interfere, with the proper functioning of the App or use it, as a platform for external applications; to develop applications, services, websites; or any other functionalities that leverage the App or any portion thereof;
i. You must not make any use of the App in any manner not permitted by these Terms or the documentation;
j. You must use the App in compliance with all applicable laws. ATTENTION: IT IS ILLEGAL IN MANY JURISDICTIONS TO RECORD AN AUDIO CONVERSATION WITHOUT THE CONSENT OF ALL INDIVIDUALS. YOU MUST COMPLY WITH ALL LAWS WHEN USING THE APP.
You are solely responsible for all Content that is uploaded, posted, emailed, transmitted, shared, or otherwise disseminated using, or in connection with, the App and your Account ("Your Content"). we do not claim ownership of Your Content. You represent and warrant that Your Content does not infringe the rights of us or any third party or violate any agreement with or policy of us or any applicable law. If we suspect violations of the foregoing, we may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators.
You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest or other rights to the App other than the right to use the App following the license in Section 5. we reserve and retain its entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property and proprietary rights therein or relating thereto.
We have no obligation to and may not provide support to the App or your Account. We do not guarantee availability of the App or your Account and your access is permitted only if and when they are available. Your use of the App and access to your Account may occasionally be restricted for service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, we reserve the right to suspend your Account, and your use of the App, and discontinue your access to Your Content provided or made available to you through the App at any time without notice.
You may terminate your Account or your use of the App at any time. We reserve the right to terminate your Account and these Terms and to suspend or terminate the App or your access thereto at any time if you fail to comply with any term(s) hereof. Sections 6-17 and 19-21 of these Terms will survive termination.
EXCEPT FOR THE LIMITED WARRANTY PROVIDED WITH ANY LOCK YOU MAY PURCHASE, WE DO NOT MAKE ANY OTHER AND DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS CONCERNING THE APP, INCLUDING ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS. IN PARTICULAR, WE HEREBY DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT AND DOES NOT MAKE ANY WARRANTY OR CLAIM THAT THE APP WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, OR SECURE BASIS; WILL BE ACCURATE, COMPLETE, RELIABLE, OR FUNCTION PROPERLY; MEET YOUR REQUIREMENTS; BE ERROR-FREE OR FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS; PROVIDE SAFETY, PRIVACY, OR SECURITY; OR PREVENT OR MINIMIZE THEFT, PROPERTY DAMAGE, OR INJURY.
IN NO EVENT WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES TO OR FOR LOSS OF DATA OR PRIVACY, REVENUE, PROFITS, OR PROPERTY (INCLUDING BUILDINGS, WIRING, FIXTURES, DEVICES, COMPUTERS, PERIPHERALS, AND ANIMALS) OR FOR INJURY OR DEATH, ARISING FROM OR RELATING TO THESE TERMS, YOUR ACCOUNT, OR THE APP.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTION 12, OUR MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCOUNT, OR THE APP WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE FIRST LOCK THAT YOU CONNECTED TO THE APP.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE LIMITATIONS SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN SECTIONS 11, 12, OR 13 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED. IF YOU LIVE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF ANY LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN SECTION 11, 12, OR 13 MAY NOT APPLY TO YOU.
The disclaimer and limitation of warranties and the exclusion of damages under Sections 11 and 12 are independent of your exclusive remedies in these Terms and the disclaimer and limitations of warranties and exclusion of damages survive even if the exclusive remedies fail of their essential purpose or otherwise are deemed unenforceable. Each of the limitations in Sections 11 and 12 apply without regard to whether loss, liability, or damage arising from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
You agree to defend, indemnify, and hold us, its directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any claim or demand, including reasonable attorneys' fees, relating to, arising from, or allegedly arising from (a) Your Content, your use of the App, and activities occurring under your Account; (b) any violation of these Terms; or (c) your violation of any other party's rights or applicable law. We reserve the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
We may give you all required notices (including legal process) by any lawful method, including by posting notices on the App or by sending them to any email address that you provide to us. You agree to send us notices by emailing them to: firstname.lastname@example.org
We reserve the right to change these Terms at any time upon notice to you. You agree to periodically review these Terms for changes and you can review the most current Terms at any time at www.cone-x. Updated Terms are binding on you as of the effective date indicated in our notice. Your continued use of the App after the effective date indicates your acceptance of the updated Terms, even if you have not reviewed them. If, at any time, you do not agree to the Terms, you must cancel your Account and stop using this App.
These Terms are governed by the local laws, without reference to its conflict of law's provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms or the transactions contemplated by these Terms.
You and we each agree that all claims, controversies, and disputes between You and us, including those arising out of or related to the App, your Account, or these Terms (each a "Dispute" and collectively the "Disputes"), will be resolved by binding arbitration by a single neutral arbitrator, provided, however, you and we are not precluded from asserting in small claims court any Dispute that is eligible to be brought in small claims court. BY AGREEING, YOU ACKNOWLEDGE THAT YOU AND US ARE EACH AGREEING TO FOREGO THE ABILITY TO PURSUE DISPUTES IN COURT, OTHER THAN SMALL CLAIMS COURT, INCLUDING THE ABILITY TO HAVE A JURY DECIDE DISPUTES. Unless You and us otherwise agree, JAMS will arbitrate all disputes and JAMS rules will apply. You and we each agree to only pursue Disputes on an individual basis and will not pursue Disputes, whether in arbitration or otherwise, on a class, consolidated, or representative basis, regardless of the application of procedural rules. BY AGREEING, YOU ACKNOWLEDGE THAT YOU AND US ARE EACH AGREEING TO FOREGO THE ABILITY TO PROCEED IN CLASS ACTIONS, CONSOLIDATED ACTIONS, OR REPRESENTATIVE ACTIONS, EITHER AS A REPRESENTATIVE OF OR MEMBER OF A CLASS. Notwithstanding any JAMS rule to the contrary or any other provision in arbitration rules chosen by agreement to govern the arbitration, You and we each agree that any challenges to the validity or enforceability of the class action waiver in this Section will be decided by a federal court or a court of competent jurisdiction, and not by an arbitrator. If any court or arbitrator holds that the class action waiver in this Section is unenforceable, then the Dispute must be brought in a state or federal court, and not in arbitration. You and we each agree that the location of the arbitration or court where the Dispute will be resolved will be the largest city in your state within 100 miles of where You live. You and we each also agree that for arbitrated Disputes, the arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. An arbitrator may award, on an individual basis, any relief authorized by law, including injunctive or declaratory relief and reasonable attorneys' fees. You and we each are responsible for your or its respective costs relating to the arbitration, except that we will pay all arbitration administrative or filing fees, including the arbitrator fees (other than arbitrator fees up to the amount of the then-applicable fee for filing a civil action in federal court in the judicial district where you live in any Dispute where You assert a claim against us unless You demonstrate to the arbitrator that You would be entitled to file that civil action in federal court without payment of the then-applicable fee). To begin an arbitration, You must send a letter requesting arbitration and describing your Dispute to the contact listed for us in Section 17. You may opt out of the agreement to arbitrate in this Section by mailing us written notice of your election to opt-out at 332 Wildcat Road Toronto Ontario Canada, M3J 2N5 within 45 days of downloading theApp, expressly indicating that You are opting out of the agreement to arbitrate in this Section and including your name and address, provided that the election will not be effective until it is received by us. Your election to opt out of the agreement to arbitrate in this Section will not otherwise affect your rights and obligations under these Terms.
If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. You and we intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and we agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely. We may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your Account, to the App, or under these Terms. If, at any time, we fail to respond to a breach of these Terms by you or others, that failure will not waive our right to act to subsequent or similar breaches. A waiver will only be binding on us if it is in writing and signed by us. These Terms (including Additional Terms and any incorporated terms or policies) constitute the entire agreement between you and us for your Account and the App. Both you and we warrant to each other that, in entering these Terms, neither we nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and us, or our successors and permitted assigns, will have any right to enforce any of these Terms.