Terms of Use – Smart Systems

These Terms of Use (“Terms”) will apply to all subscriptions for the MEGAMAN^® INGENIUM^® Smart Home System and the corresponding Application (“App”). These Terms govern your use of the App and any other related services. By downloading and/or accessing and/or using any part of the App you agree to be bound by the Terms. If you do not wish to be bound by these Terms, you may not access or use the App, and you should exit and uninstall the App immediately.

1. When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in the immediate termination of your subscription to the App.

   You will be required to choose a Username and Password to access the App. You are entirely responsible for safeguarding the password that you use to access the App and for any activities or actions under your password, whether your password is with our App or a third-party service.

   You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

   MEGAMAN^® will not be liable for any losses you may incur as a result of a third party using your password or accessing your account, either with or without your consent.

2. Due to the nature of the internet and the use of centralized processing, any information and/or communication you have submitted in creating your account will most likely result in the transfer of information across international boundaries. By downloading and/or accessing and/or using any part of the App you consent to such transfers. For more information on how your information will be used, please review our Privacy Policy.
3. When interacting in terms of information provided through the App you represent that you are of sufficient legal age to register your details and that you possess the legal right and ability to create binding obligations for any liability you may incur as a result of the use of this service. You warrant that the information supplied by you in using the App is true and accurate
4. You may electronically store the content available on the App for your personal, non-commercial use only. Any other use, reproduction, modification, distribution, republication, retransmission, storage or incorporation of any part of the App in any other work, is prohibited without the prior written consent of MEGAMAN^®.
5. This App and the content and information contained within the App is not intended for distribution to, or use by, any person or entity who has not subscribed to the App. Through your subscription, you will be granted a non-transferrable right to use and access the App for its intended purpose only. You do not acquire any rights or interest in the App apart from the use rights granted to you under your subscription.
6. The developer of the App retains all right, title and interest in and to the Intellectual Property Rights to and in any material or content of the App. This shall include, but not be limited to, copyright, trademarks, patents, as well as App developments, customisations, enhancements and future releases and may not be used or reproduced without the written permission of MEGAMAN^®.

7. You are prohibited from exploiting the App commercially; you may not licence, lease, rent, assign, transfer, sell or subject the App to any other form of commercial exploitation.

   You are further prohibited from reverse engineering, decompiling, decoding, decrypting, disassembling, or in any way deriving source code from the App.

8. We may act on any instruction or communication, whether made by e-mail or otherwise, if we believe, in good faith, that it has been given or sent by you or on your behalf. There may be delays in executing any instructions that you send to us via e-mail or otherwise, for example, we may receive your e-mail outside of normal business hours, in which case we will only act thereon as soon as may be practicable on the next business day.
9. Any comments or materials sent to MEGAMAN^®, including feedback data, such as questions, comments, suggestions or the content of any such documents, shall be deemed to be the property of MEGAMAN^® or otherwise MEGAMAN^® shall be free to keep, copy, distribute and use them that is consistent and incident to the purpose and the carrying out of the function as expressed or contemplated in this Terms of Use. Communications sent in respect of this App or MEGAMAN^® through whatever means shall, subject to the Privacy Policy, be non-proprietary. MEGAMAN^® will be free to use the content of these communications, including but not limited to concepts, idea, inventions and techniques.
10. You shall indemnify, and keep indemnified, MEGAMAN^® against any loss, liability and cost which MEGAMAN^® incurs as a result of your use of the App other than in accordance with these Terms except in so far as such loss, liability or cost arises from MEGAMAN^®’s negligence or breach of these Terms.
11. The App and its content are provided "AS IS", therefore, all material accessed or downloaded from the App is obtained and used at your own risk. It is your responsibility to use appropriate virus/protective software. We make no warranty that the App will operate uninterrupted or error-free.
12. MEGAMAN^® shall not be liable for any direct, indirect or consequential loss or damage (including, without limitation, loss of profits, business, anticipated savings, goodwill, use of data) caused by the use and/or reliance on, or the inability to use, the App which results, without limitation, from inaccurate information, omissions, interruptions, suspension, errors, defects, viruses, delays in operation or transmission, or any other failure of performance with respect to the App (unless otherwise provided for by law).
13. All conditions, warranties and representations, expressed or implied by (i) statute, (ii) common law or (iii) otherwise, including, without limitation, conditions, warranties or representations of fitness for a particular purpose or satisfactory quality, are excluded to the fullest extent permissible by law. By subscribing to the App, you acknowledge and accept this disclaimer.
14. Our App may contain links to third party applications and/or websites that are not owned or controlled by MEGAMAN^®. MEGAMAN^® cannot accept liability or responsibility for any statements, information, products, services or policies that are accessed or provided to you through any external third party links. Our Privacy Policy, contained herein, pertains to this site only. We advise you to read the privacy statements and Terms of Use of these third party links. These third party links have been provided for convenience and information purposes only and shall not be deemed an endorsement by us of the content thereof. We have no responsibility for the content of such third party links and accept no liability for any losses whatsoever that may be incurred as a result of any linking to such.
15. We may make changes and/or effect upgrades to the App from time to time (including without limitation to its operation, appearance or information made available on them). You will be notified of such changes We will notify you either clearly on the home page of the App or by email that changes/upgrades will be made to the App and when they become effective.
16. MEGAMAN^® liability for damages under or in connection with these Terms, howsoever arising (including but not limited to, material breach of contract, negligence or tort or the use or inclusion of any document, material, idea, data or other information), shall be limited to the sums payable by you for Paid Subscription during a 1 (one) month period preceding the alleged event giving rise to the liability.
17. We reserve the right to make changes to these Terms. We will notify you either clearly on the home page of the App or by email that changes will be made to the Terms, that the amended Terms may be viewed and when they become effective.
18. Our failure to enforce any of the rights or provisions afforded to us under these Terms will not be considered a waiver of those rights. If any of the provisions of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect.
19. These Terms and all matters arising from or connected with them are governed by and construed in accordance with the laws of the United Kingdom. Any disputes between the parties will be submitted to the competent British court.
20. These Terms, including our Privacy Policy, constitute the entire agreement, and supersede any previous agreement relating to the use of the App.

Updated: May 2018