Terms & Conditions for ERGOCHIEF Services
BY CLICKING “I ACCEPT” OR USING THE SERVICES, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT CLICK “I ACCEPT” AND DO NOT ACCESS OR OTHERWISE USE ANY OF THE SERVICES.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION PROVISION THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH ERGOCHIEF.
ERGOCHIEF provides smart home products that can be controlled by many Android and iOS smartphones via the Mobile Application or personal computer via web browser. The device contains door sensors, light bulbs, power plugs and environmental sensors that, when configured appropriately, can track temperature, air quality, humidity or control light bulbs, power plugs or detect doors or windows movement. ERGOCHIEF alerts you when it senses something defined by its software as out of the ordinary, such as sudden temperature spikes that could indicate a fire or detection of an intruder. Over time, ERGOCHIEF learns to understand activity patterns, allowing it to send even smarter notifications. ERGOCHIEF’s smart home products works in conjunction with the Mobile Application and, to a lesser extent, the Web App.
By using the Services, you represent, acknowledge, confirm, and agree that you are at least 20 years of age or, if you are under 20 years of age but are at least 7 years old (a “Minor”), that you are using the Services with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Services and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless ERGOCHIEF if the Minor breaches any of these Terms. If you are not at least 7 years old, you may not use the Services at any time or in any manner or submit any information to ERGOCHIEF or the Services.
ERGOCHIEF provides content through the Services that is copyrighted and/or trademarked work of ERGOCHIEF or ERGOCHIEF’s third-party licensors and suppliers or other ERGOCHIEF device, mobile app or site users (collectively, the “Materials”). Materials may include logos, graphics, video, images, text, software, and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, ERGOCHIEF hereby grants you a limited, personal, non-exclusive, and non-transferable license to use and to display the Materials and to use the Services solely for your personal use and only in conjunction with ERGOCHIEF’s smart home products. Except for the foregoing license, you have no other rights in the Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Services or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately uninstall or destroy any downloaded or printed Materials and cease all further use of the Services.
ERGOCHIEF may make changes to, suspend or discontinue the Services offered at any time with or without notice. ERGOCHIEF is not liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof. ERGOCHIEF may also change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on ERGOCHIEF’s website and by providing notice on the website. By using the Services after ERGOCHIEF has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Services.
ERGOCHIEF may temporarily suspend the Services without notice for security reasons, system failure, maintenance and repair, or other circumstances. You are not entitled to any refund or rebate due to any suspensions. ERGOCHIEF does not offer any specific uptime guarantee for the Services.
ERGOCHIEF makes a Mobile Application available to access the Services via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the Mobile Application. ERGOCHIEF does not warrant that the Mobile Application will be compatible with your mobile device. ERGOCHIEF does not warrant, and explicitly disclaims, the compatibility of the Mobile Application with other applications you may download and/or operate on your mobile device. Other applications may interact with the Mobile Application in unpredictable ways, and ERGOCHIEF does not warrant against malfunctions caused by such interactions. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and ERGOCHIEF and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that ERGOCHIEF provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- If you have downloaded the Mobile Application from Apple Inc.’s App Store. You acknowledge that these Terms are between you and ERGOCHIEF only, and not with Apple, Inc. (“Apple”).
- Your use of ERGOCHIEF’s iOS App must comply with Apple’s then-current App Store Terms of Service.
- ERGOCHIEF is solely responsible for our iOS App and the Services available thereon. You acknowledge and agree that Apple is not responsible for providing any maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to ERGOCHIEF’s iOS App.
- You agree that ERGOCHIEF is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) infringement claims; (iii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation, and that all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not violate your mobile phone or internet service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of ERGOCHIEF’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that ERGOCHIEF provides to you designed for use on an Android-powered mobile device (an “Android App”):
- If you have downloaded the Mobile Application from the Google Play operated by Google Inc., you acknowledge that these Terms are between you and ERGOCHIEF only, and not with Google, Inc. (“Google”).
- Your use of ERGOCHIEF’s Android App must comply with Google’s then-current Google Play Terms of Service.
- Google is only a provider of the Google Play where you obtained the Android App. ERGOCHIEF, and not Google, is solely responsible for ERGOCHIEF’s Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to ERGOCHIEF Android App or these Terms.
- You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to ERGOCHIEF Android App.
Apple, the Apple logo, and iPhone, are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple, Inc. Android, Google and Google Play are trademarks of Google, Inc.
To register with ERGOCHIEF, you must submit your information through the registration page as prompted on the Mobile Application or Site, including your name, email address. As part of the registration process, ERGOCHIEF will require you to create a password that will allow you to log in to the Service (the “Password”).
You are responsible for maintaining the confidentiality of your Password, and you are responsible for all activities that occur on your account. You agree not to share your Password, let others access or use your Password, or do anything else that might jeopardize the security of your Password, including using a password you already use with a third-party service. You agree to notify ERGOCHIEF if any of your Passwords is lost, stolen, if you are aware of any unauthorized use of your Passwords, or if you know of any other breach of security in relation to the Service.
All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete, and up to date. You may change, correct, or remove any information from your account by logging in to your account directly and making the desired changes.
Connectivity and Other Requirements
For ERGOCHIEF product to operate with the Services, you must have a working broadband Internet connection and a Wi-Fi router (802.11 b/g/n), a power outlet (for the ERGOCHIEF device to be plugged into), a supported mobile device (to use the Mobile Application), and other hardware, software, equipment or items specified by ERGOCHIEF. We recommend a high speed internet connection with at least 0.75 Mbps of upload bandwidth for each ERGOCHIEF device. ERGOCHIEF reserves the right to change any of the minimum system requirements at any time.
You are responsible for having your software, hardware, and other system elements to meet the system requirements of our Services and make sure that they are compatible and properly configured. You acknowledge that (a) ERGOCHIEF cannot provide the Services properly if the requirements and compatibility are not met, and (b) you will not receive notifications from your ERGOCHIEF device when the product’s Internet connection or power is lost, not operating properly, cut, or interfered with, or the product is damaged or destroyed.
ERGOCHIEF cares about the integrity and security of its users’ personal information. ERGOCHIEF utilizes industry best practices and standards when it comes to security. Despite taking these steps, ERGOCHIEF cannot promise or guarantee that unauthorized third parties will never be able to defeat ERGOCHIEF’s security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You acknowledge that ERGOCHIEF is not a security consultant and cannot address all of your potential security needs.
Unsupported Countries or Regions
Although the Services are accessible worldwide, ERGOCHIEF’s products and the Services are not available to all persons or in all countries or regions. If you are accessing or using the Services from an unsupported country or region, you do so on your own initiative and you are solely responsible for complying with applicable local laws. To the extent permissible by law, ERGOCHIEF accepts no responsibility or liability for any damage or loss caused by your accessing or using the Services in an unsupported country or region.
Nature and Limitations of ERGOCHIEF Services
The Services are intended to provide information for you to decide whether to act on an event or notification. While ERGOCHIEF intends for the Services to be highly reliable and available, they will not be without interruption, including, without limitation, due to reasons such as no or weak Wi-Fi signal, loss of Internet connectivity, power outages, telecommunication service provider failures, and mobile carrier issues. ERGOCHIEF is not liable or responsible for any liability, loss, or damages due to causes beyond its reasonable control or for any acts, errors, or omissions of third parties or for any act, error, or omission taken by anyone (including you) in response to the information provided through the Services.
ERGOCHIEF reserves the right to establish terms and limitations on the amount of data from the product that may be stored via the Services and the length of time it is stored.
No Life Safety or Critical Uses of the Services
ERGOCHIEF’s products and Services are not certified for emergency response. YOU ACKNOWLEDGE THAT ERGOCHIEF’S PRODUCTS AND SERVICES ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM AND THAT ERGOCHIEF DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. All life threatening and emergency events should be directed to the appropriate response services.
The Services provide you with information about your home captured by your ERGOCHIEF device (“Home Information”). All Home 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 Home Information through the Services is not a substitute for assessing the information within the home personally.
Smoke and Carbon Monoxide Detection and Air Quality
Even though your product includes air quality, temperature, and humidity environmental sensing capabilities, you agree that (a) the number of ERGOCHIEF devices and placement of the product may not fulfill every requirements or recommendations in codes, laws, or standards that apply in your jurisdiction. (b) you have sole responsibility for complying with any and all codes, laws, and standards that apply, including those concerning installation, placement, and maintenance of Smoke and Carbon Monoxide detectors; and (c) any smoke, carbon monoxide, or other air quality or environmental detection capabilities of ERGOCHIEF’s product are supplemental and not intended to be part of a primary fire alarm, carbon monoxide detection, or other system. YOUR ERGOCHIEF DEVICE IS NOT A REPLACEMENT FOR A SMOKE OR CARBON MONOXIDE DETECTOR.
ERGOCHIEF Device Transfers
If you transfer your ERGOCHIEF device to a new owner, your right to use the Services with respect to that device will automatically terminate, and the new owner will have no right to use the ERGOCHIEF product or Services under your account and will need to register for a separate account with ERGOCHIEF.
Electronic Communications from ERGOCHIEF
By using the Services, you consent to receiving electronic communications from ERGOCHIEF. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Services and products of ERGOCHIEF and its advertisers and business partners. These electronic communications are part of your relationship with ERGOCHIEF. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
ERGOCHIEF maintains privacy policies that are applicable to the ERGOCHIEF product and the Services provided to you under these Terms (the “Privacy Policies”). Please review the Privacy Policies below or visit our website: www.ergochief-usa.com to understand how we use information that you submit to ERGOCHIEF or that we otherwise collect.
ERGOCHIEF Technology is the exclusive owner of rights and interests in and to the mark ERGOCHIEF, and the ERGOCHIEF logo. Other trademarks, names, and logos on or available through the Services are the property of their respective owners.
Unless otherwise specified in these Terms, all technology and intellectual property available or appearing on or through any of the Services, including the Mobile Application, information, software, documents, services, content, site design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of ERGOCHIEF or its licensors. All rights not expressly granted herein to you are reserved by ERGOCHIEF.
Prohibited Activities by User
There are no implied rights. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
You shall not, and shall not authorize any third party to or attempt to: (i) modify, translate, create derivative works of, rent, lease, loan, distribute or sublicense the software used to provide the or Services, in whole or in part; (ii) copy or otherwise reproduce the software used to provide Services except as expressly set forth herein; (iii) decompile, disassemble or otherwise attempt to reverse engineer, the software used to provide Services, in whole or in part, provided that to the extent a total prohibition on reverse engineering is void as a matter of applicable law and such invalidity is not cured by virtue of this Terms being governed by the laws of the Taiwan, Customer shall be entitled to do so solely to the minimum extent required under applicable law to permit the Software to interoperate with Customer’s other software; (iv) bypass or delete any copy protection methods that are for preventing unauthorized copying or use of the Services; (v) remove, obscure, or alter any proprietary rights notices (including copyrights, patent and trademark notices) which may be contained in or displayed in connection with the Services; (vi) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services; (vii) attempt to access, monitor, or use smart home products of other ERGOCHIEF customers; (viii) access the Services in order to build a similar or competitive product or service; or(ix) 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.
You acknowledge that ERGOCHIEF may from time to time issue new releases or versions of the software for the Services, including updates and upgrades. ERGOCHIEF may provide these new releases or versions to your device. You agree that ERGOCHIEF may automatically download and electronically install software on your mobile device and the ERGOCHIEF product. You hereby consent to such wireless and automatic downloading and installation on your mobile device or ERGOCHIEF product, and agree that these Terms will apply to all subsequent versions of released software. You acknowledge that software updates may be critical for continued optimal function of your device, and that failure to implement software updates may cause functional failures in your device.
Disclaimer of Insurance Duties; Waiver of Subrogation
You agree that ERGOCHIEF is not an insurer and that ERGOCHIEF is not providing you with insurance of any type. The amounts you pay ERGOCHIEF are not insurance premiums and are not related to the value of your property, anyone else’s property located in your premises, or any risk of loss at your premises. Instead, the amounts ERGOCHIEF charges are based solely upon the value of the equipment and the Services ERGOCHIEF provides and upon the limited liability ERGOCHIEF assumes under these Terms. If you want insurance to protect against any risk of loss at your premises, you must purchase it. In the event of any loss, damage, or injury, you will look exclusively to your insurer and not to ERGOCHIEF to compensate you or anyone else. You release and waive for yourself and your insurer all subrogation and any other rights to recover against ERGOCHIEF arising as a result of the payment of any claim for loss, damage, or injury.
Disclaimer of Warranties; Indemnity
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND ERGOCHIEF MAKE NO WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES AND ERGOCHIEF HEREBY EXPRESSLY EXCLUDE ANY WARRANTIES WITH RESPECT THERETO, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, ACCURACY OR ANY OTHER WARRANTIES OR GUARANTEES THAT MAY ARISE FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ERGOCHIEF MAKES NO REPRESENTATION, WARRANTY, OR OTHER COMMITMENT REGARDING (I) THE USE OR INABILITY TO USE THE SERVICES OR (II) ANY RESULTS OF SUCH USE IN TERMS OF CORRECTNESS, ACCURACY, OR RELIABILITY. CUSTOMER UNDERSTANDS AND AGREES THAT IT ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NO PERMIT THE EXCLUSION AND/OR WAIVER OF CERTAIN WARRANTIES. TO THE EXTENT CUSTOMER’S USE OF THE SERVICES IS GOVERNED BY THE LAWS OF SUCH JURISDICTION AND SUCH EXCLUSIONS AND/OR WAIVERS ARE NOT ENFORCEABLE BY VIRTUE OF THIS AGREEMENT BEING GOVERNED BY THE LAWS OF TAIWAN, THE FOREGOING EXCLUSIONS SHALL BE ENFORCED SOLELY TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAWS OF SUCH JURISDICTION.
ERGOCHIEF’s equipment and Services do not cause and cannot eliminate occurrences of the events they are intended to detect or avert, including but not limited to fires, floods, burglaries, robberies, and medical problems. ERGOCHIEF makes no guarantee or warranty that the ERGOCHIEF product or Services will detect or avert such incidents or their consequences. ERGOCHIEF does not undertake any risk that you or your property or the person or property of others may be subject to injury, damage, or risk of loss in such an event occurs. The allocation of risk remains with you, not ERGOCHIEF. You release, waive, discharge, and promise not to sue or bring any claim of any type against ERGOCHIEF for loss, damage, or injury relating in any way to the product or Services.
ERGOCHIEF and its licensors and suppliers make no warranty that defects will be corrected or that the Services (i) will meet your needs or requirements; (ii) will be compatible with your home network, computer, or mobile device; (iii) will be available on an uninterrupted, timely, secure, or error-free basis; (iv) will be accurate or reliable; or (v) will give notifications at any given time or at all. No advice or information, whether oral or written, obtained by you from ERGOCHIEF or through the Services shall create any warranty.
YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON YOUR ERGOCHIEF PRODUCT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
Limitation of Liability
IN NO EVENT SHALL ERGOCHIEF BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, OR LOST DATA, OR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ERGOCHIEF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL CUMULATIVE LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO AND WILL NOT EXCEED THE PURCHASE PRICE OF THE SERVICES PAID BY YOU. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION, EXCLUSION AND/OR WAIVER OF CERTAIN KINDS OF DAMAGES. TO THE EXTENT CUSTOMER’S USE OF THE SERVICES ARE GOVERNED BY THE LAWS OF SUCH JURISDICTION AND SUCH LIMITATIONS, EXCLUSIONS AND/OR WAIVER OF DAMAGES ARE NOT ENFORCEABLE BY VIRTUE OF THIS AGREEMENT BEING GOVERNED BY THE LAWS OF TAIWAN, THE FOREGOING LIMITATIONS, EXCLUSIONS AND WAIVERS SHALL BE ENFORCED SOLELY TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAWS OF SUCH JURISDICTION.
ERGOCHIEF controls and operates the Services from its headquarters in Taiwan and the Materials may not be appropriate or available for use in other locations. If you use the Services outside the territory of Taiwan, you are responsible for complying with applicable local laws where you use the Services.
If any clause within this provision is found to be illegal or unenforceable, that clause will be severed from this provision, and the remainder of this provision will be given full force and effect.
Notwithstanding any provision in this agreement to the contrary, we agree that if ERGOCHIEF makes any change to this provision (other than a change to the Notice Address), you may reject any such change and require ERGOCHIEF to adhere to the language in this provision if a dispute between us arises.
Terms and Termination
These Terms continue to be in effect while you continue to access and use the Services. At any time, ERGOCHIEF may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you if ERGOCHIEF in good faith believes that you have used the Services in violation of these Terms. ERGOCHIEF prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by ERGOCHIEF, may result in immediate termination of your access to the Services and termination of this agreement without prior notice to you. Upon termination of this agreement, your right to use the Services will automatically terminate. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions shall survive any termination of these Terms.
For all disputes arising from performance or violation of the Terms, you must first give ERGOCHIEF an opportunity to resolve the Dispute. You must commence this process by mailing written notification of your dispute to ERGOCHIEF. That written notification must include (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If ERGOCHIEF does not resolve the dispute within 90 days after it receives your written notification, you may pursue your dispute in the court as stated below.
Governing Law and Jurisdiction
The Terms of the Services shall be governed by and construed in accordance with the laws of Taiwan. Any disputes relating to these Terms or the Services will be heard in the Taiwan Taipei District Court for the first instance and you agree to personal jurisdiction in such court.
ERGOCHIEF’s failure to enforce any of these Terms is not a waiver of such terms. These Terms are the entire agreement between you and ERGOCHIEF with respect to the subject matter hereof, and supersede all prior or contemporaneous negotiations, discussions, or agreements between you and ERGOCHIEF about such subject matter.
If you have any questions about these Terms, you can reach us at [email protected]
Last Updated: July 2, 2015