The izzbie ONE device (a "Device" and collectively "Devices") and izzbie App are brought to you by izzbie organized under the laws of California ("izzbie"). Before you begin using the Devices, the izzbie App, the Services, or the Associated Software, you must read and agree to this Subscriber Agreement (referred to collectively with any future amendments hereto as the "Agreement"). For your convenience, we have written this Agreement in plain English. However, you agree that the terms should be interpreted broadly to protect the intention of the Agreement.
As used in this Agreement, the following terms have the following meanings:
"Software" means the software provided by izzbie and accessed or otherwise used by the Devices and/or the izzbie App to facilitate your use of the Services and any related Documentation provided by us.
"Company" means izzbie, as the context requires. Each such entity provides a unique product and/or service under this Agreement and each such entity shall (a) only be liable for any obligations arising from this Agreement with respect to the product or service offered by such entity, and (b) only be entitled to any rights arising from this Agreement with respect to the product or service provided by such entity. Referring to these entities collectively is for ease of reference only and is not intended to imply that there is a lack of independence among them nor that any such entity is liable for the obligations of the other or that any party has the power to bind any other party or acts as the agent for the other. This Agreement creates a separate agreement between you and izzbie.
"Device" as defined in the first paragraph of this Agreement.
"Documentation" means our technical materials provided to you, if any, in hard copy or electronic form describing the use and operation of the Services.
"izzbie App" means the application offered for download to smart phones and tablets by izzbie to provide the Services over the internet.
"Service(s)" means, as the context requires, the services furnished through the use of any Device, the izzbie App, or the Associated Software. The collective term "Services" shall be deemed to refer to the use of a Device, the izzbie App, or the Associated Software as the context implies.
"Updates" as defined in Section 18 of this Agreement.
"Izzbie" as defined in the first paragraph of this Agreement.
"you", "your" or similar phrases refers to the customer purchasing, using and/or downloading the Services and agreeing to the terms of this Agreement.
Although we may choose to notify you when material changes are made to this Agreement, you should periodically review the most up-to-date version, which you can always find at http://www.izzbie.com/subscriber-agreement. We may, in our sole discretion, modify or revise this Agreement at any time and, by your continued use of the Services, you agree to be bound by those modifications or revisions. Unless explicitly stated otherwise by the Company, your use of any new features that may augment or enhance the Services will also be subject to this Agreement.
This Agreement sets forth the terms of the agreements between you and izzbie, as the case may be. Nothing in this Agreement will be deemed to confer any rights upon or benefits to anyone else.
The Devices, the izzbie App and Associated Software enable the Services, which provides internet access through encryption connection to your own internet network. To enable your use of the Services download the izzbie App, subscribe yourself as a member, and purchase a Device or through invitation by other users to their Devices. You may download the izzbie App from the iTunes App Store and the Google Play store. Some enhanced features may also require you to purchase additional services or premium plans. In addition, you may need a computer running Microsoft? Windows (Vista, 7, 8 or 10) or Intel-based Mac? with a high speed Internet connection and, if you purchase a Device, you would need to have a working high speed internet router that is connected to a high speed internet service. Bear in mind that your use of the Services may be dependent on these requirements and the failure of one may prevent the Services from working. We cannot guarantee that the Services will always function without disruptions, delay or other imperfections. There may be power outages or internet service disruptions and you may experience other disruptions unrelated to the Services, which will interfere with the quality of your Service. You are responsible for obtaining third party products and services required to use the Services (such as a computer with an appropriate operating system and port, high speed internet access and a standard telephone to plug into the Device) and for paying any fees for such third party products and services. The Services may not be compatible with certain equipment, including but not limited to, home security systems, medical monitoring equipment, fax machines, satellite television systems, or computer modems.
When you first purchase your Device or download the izzbie App, you may subscribe as user from www.izzbie.com which would require you to setup a user account. The subscription may or may not be free for a period of time. With your subscription, you are provided with a user login which you may use to connect your personal devices (computer, laptop, smart phones, etc) to your Device until the terms of your subscription terminates. During your subscription terms, you may invite other members to join your net. You can invite as many users to join your net. All users would require a valid subscription with izzbie in order to use izzbie App to connect to the Device.
You agree that you are responsible for your own internet access and for any consequences that arise from them. You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations and you may have to pay certain taxes or fees or surcharges including, without limitation, regulatory fees related to the use of internet services. Among other things you will not, and will not authorize or encourage any third party to: (a) prevent others from using their Service, (b) use the Service for any fraudulent or inappropriate purpose, (c) remove any copyright, trademark or other proprietary rights notices contained in or on the Devices and/or izzbie App, including those of any of our business associates, from whom we may have licensed certain components used in the Devices and/or izzbie App, (d) collect or harvest any private information from the Service, or to use the systems provided by the Service for any hacking or spam purposes and/or (e)hack, spam, or solicit for commercial purposes, any users of the Service. Violation of any of these obligations may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. The Company reserves the right, but will have no obligation, to investigate your use of the Device, izzbie App, or the Associated Software in order (a) to determine whether a violation of the Agreement has occurred or (b) to comply with any applicable law, regulation, legal process or governmental request. We may monitor your use of the Service for violations of this Agreement. We may terminate your use of the Device and/or izzbie App and/or Associated Software immediately if we suspect a violation of this Agreement, or if we think it necessary in order to protect other customers or our respective, parents, affiliates, directors, officers, agents, and employees from harm. And you will not be entitled to get a refund of any licensing fee or any other fee you may have paid to us.
We reserve the right to not authorize or settle any transaction you submit which we believe is in violation of this Agreement, any other agreement between you and the Company, or expose you, other Device or izzbie App users, financial services providers, or the Company to harm or unnecessary risk, including but not limited to fraud and other criminal acts. You grant us authorization to share information with law enforcement about you, your transactions, or your Device or izzbie App account if we reasonably suspect that use of your Device or izzbie App account has been used for an unauthorized, illegal, or criminal purpose.
We may disclose your personal information to law enforcement, government officials, or other third parties if: (i) we are compelled to do so by subpoena, court order or other legal process; (ii) we must do so to comply with laws, statutes, rules or regulations; (iii) we believe in good faith that the disclosure is necessary to prevent physical harm or financial loss, to report suspected illegal or unauthorized activity, or to investigate violations of this Agreement.
Unless expressly authorized in writing by the Company, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any purposes any portion of the Device the izzbie App, the Services or the Associated Software.
Subject to the terms and conditions of this Agreement, the Company grants you a personal, non-transferable, non-assignable, revocable and non-exclusive right to use the Services and the Associated Software on your Device, smartphone, computer or other digital device for the relevant subscription period; provided that you do not (and do not allow anyone else to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise use the Services except as specifically provided in this Agreement. The initial term of your subscription for the Services following a Device purchase will be depending on the Device and Service option purchased. You agree not to modify the Device, izzbie App and/or Associated Software in any manner or form, or to use modified versions of the Associated Software, including for the purpose of obtaining unauthorized access to any Device, the izzbie App or the Services. We expressly reserve all rights in the Services, the Associated Software, Documentation, and all other materials provided by us hereunder not specifically granted you. You agree that all right, title and interest in the Services, Associated Software, Documentation, and all other materials provided by us hereunder, any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with us (or third party suppliers, if applicable) and that the Services, Associated Software, Documentation, and all other materials provided by us and not sold to you hereunder are provided to you on a subscription basis only for the term of your subscription.
Use of your Device and/or izzbie App and related Services may be free for a period of time. Your purchase of a Device or purchase and download of the izzbie App Service and registration of the Device and/or izzbie App Service gives you the right to use the Services and the Associated Software for one or more months depending on the Device and plan purchased. Your subscription would be renewed based on the Service agreement when you sign up for subscription until you initiate a change of your plan or cancellation of your subscription. If your right to use the Services is terminated for breach of this Agreement, you may not be able to use the Device or izzbie App features. For your convenience, we use an auto-renewal program. To the extent permitted by the laws of your state, the form of payment you have on file may be automatically charged for the prevailing renewal fee. We may receive and/or request automatic updates of your account information from the financial institution that issued your form of payment on file in order to keep your payment information current. All payments for your Device and Services must be made United States Dollars (USD). If you use a credit card issued by a non-US financial institution to pay for a purchase of a Device or Services, your financial institution may convert the charge and they may impose currency exchange fees.
You can elect to disable the auto renewal feature and prevent future charges by cancelling the service in your user account before the renewal date.
You agree to hold harmless and indemnify us and our respective subsidiaries, affiliates, officers, agents, employees, partners and licensors, from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating in any way to, your use of the Services (including but not limited to the cancellation, absence, failure or outage of the Services, including specifically any claims arising out of the failure to complete emergency service calls).
We reserve the right to modify the Services and Associated Software, temporarily or permanently, with or without notice or liability to you.
You agree that izzbie, in their respective discretion, may immediately suspend and/or terminate this Agreement and your subscription to use the portion of the Services provided by the terminating party, without any refund, (a) if requested by law enforcement or other government agencies, (b) as a result of unexpected technical or security issues or problems, (c) if we reasonably suspect that you are using the Services in a fraudulent manner, (d) if your use of the Services violates any laws, regulations, or rules, or otherwise disrupts use of Services by others, (e) as a result of nonpayment of any fees, including subscription renewal fees, owed by you in connection with your use of the Services, (f) as a result of changes in any rules or regulations that affect our ability to provide the Services or any relevant portion thereof, or (g) your breach or violation of any of your obligations under this Agreement or incorporated agreements or guidelines. Termination of your subscription includes cancellation of your ability to use the Services, without refund and deletion of all related account information associated with or inside your account. Further, you agree that any termination of this Agreement under this Section 13 will be made in the Company's sole discretion and that neither the Company nor any of its agents or affiliates will be liable to you or anybody else for termination of your subscription or this Agreement in accordance with this Section 13. You may terminate your use of the Services at any time. Remaining balances will not be refunded.
All provisions that must survive in order to give effect to their meaning will survive any expiration or termination of this Agreement, including without limitation, all of your representations, warranties and indemnification obligations.
You acknowledge and agree that the Services and Associated Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to reverse engineer, modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Associated Software, in whole or in part.
EXCEPT AS THIS AGREEMENT EXPRESSLY STATES, AND EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN OUR WARRANTY POLICY HEREOF AND THE MATERIALS ACCOMPANYING THE EQUIPMENT, WE MAKE NO EXPRESS WARRANTY REGARDING THE DEVICES, IZZBIE APP, SERVICES OR ASSOCIATED SOFTWARE AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ALSO MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
The Services, Device, izzbie App and Associated Software are provided "as is", without any warranties of any kind, whether expressed or implied, including, but not limited to, warranties of quality, performance, non-infringement, merchantability, or fitness for use or a particular purpose.
We can only be held liable for direct damages resulting from failure to perform our respective obligations under this Agreement. In this respect, direct damages means the amount you actually paid for the Device, izzbie App and/or Services during the year in which such damages occur. To the maximum extent permitted by applicable law, we will not be liable for any indirect, special, incidental or consequential damages whatsoever including, but not limited to, damages for loss of profits or loss or disclosure of confidential or other information, for business interruption, for loss of privacy, or divulgence of sensitive and confidential information or any such damage arising out of or in any way related to the use of or inability to use the Services, even if we have been advised of the possibility of such damages.
Some jurisdictions do not allow some of the exclusions or limitations as established above, so they may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
You agree to comply with all export and import laws and restrictions and regulations of the United States and foreign countries, and not to export, re-export or import the Services or Associated Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary authorizations. Neither the Services or Associated Software, nor their respective underlying information or technology may be downloaded or otherwise exported or re-exported (i) to Cuba, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to U.S. trade sanctions applicable to the Services or Associated Software, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to any named party or individual on the United States Department of Treasury, Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons, and/or the United States Department of Commerce, Bureau of Export Administration Denied Persons List or Entity List. You acknowledge that the Services and Associated Software contains encryption technology, the export of which is restricted by the United States and certain foreign laws. By downloading the izzbie App or the Associated Software or using any Device and Associated Software you agree to this section and represent and warrant that you comply with these conditions.
The Services, Devices or izzbie App may communicate with our servers to check for available updates to the Services or Associated Software, including bug fixes, patches, missing plug-ins and new versions (collectively, "Updates"), however we have no obligation to provide you with such Updates and we do so solely at our option. To ensure that you have the most recent updates for the Services and Associated Software you should periodically visit http://www.izzbie.com to check for updates. We will have no liability for your inability to use certain features of the Services or reduced Services performance associated with your failure to install available Updates. We may send and access the Device or cookies on your computer. A "cookie" is a small file containing information about you that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize such things as your browser, user preferences and other information to optimize the performance of the Services. During the Update process, the Associated Software may send to us or our partners a request for the latest Associated Software version. By installing the Services and/or Associated Software, you hereby agree to allow us the option to automatically provide Updates from our and/or our partners' servers.
You represent and warrant that (a) all of the information provided by you to us to use the Service is correct and current; (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder; and (c) you are at least 18-years-old.
You agree that you may not assign this Agreement to any third party and that we may assign this Agreement, without your consent, to any person including, without limitation, (i) to any person that controls, is controlled by, or is under common control with us, or (ii) pursuant to a transfer of all or substantially all of our business or assets, whether by merger, sale of assets, sale of stock, or otherwise. Any assignment in violation of this section shall be void.
The Company and you agree that this Agreement has been made in and shall be construed and enforced in accordance with the laws of the State of California, without reference to its conflicts of laws principles.
Even if we do not exercise or enforce any or all of our respective rights or any provision of this Agreement it does not mean that we waive the right or provision, and we may still enforce those rights and provisions later. If any provision of this Agreement is found by any court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service or this Agreement must be filed within ninety days after such claim or cause of action arose or be forever barred.
The Company and you agree to arbitrate all disputes and claims between us. You agree that, by entering into this Agreement, you and the Company are each waiving the right to a trial by jury or to participate in a class action. Any matter to be settled must go through arbitration process in Pomona, California, and you consent to binding arbitration in Pomona, California.
The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The individual party may recover damages and attorneys' fees, if authorized by the law governing SUCH PARTY'S claim, to the same extent the individual party would be entitled to recover in court.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless all parties to the arbitration agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
This agreement to arbitrate is intended to be broadly interpreted and shall survive termination of this Agreement.
izzbie warrants the Device against component defects for one year after purchase. Should you experience a technical problem with your Device during the warranty period and we determine you need a replacement, we will ship you one upon your compliance with the terms of this Section. This warranty extends only to the original purchaser of the Device in question. In the event izzbie receives notice during the warranty period that your Device is defective, your sole and exclusive remedy, and izzbie's sole and exclusive liability, shall be for izzbie at its sole option, to either repair or replace the Device or refund the purchase price in accordance with this limited warranty. Devices replaced under the terms of any such warranty may be refurbished or new equipment substituted at the option of izzbie. Actual delivery times may vary depending on your location. As a condition precedent to warranty replacement, you must: (1) obtain a return material authorization (RMA), which will include an RMA number (available at the izzbie website - returns without an RMA number may be rejected by izzbie); (2) ship the items being returned to izzbie, freight prepaid, together with a written description of the claimed defect; and (3) pay warranty processing fees as communicated at the izzbie website.