Aeotec services' terms of use

The Services (as defined below) are provided by Aeotec Limited, located in Hong Kong at Office 4 10/F Kwan Chart Tower, 6 Tonnochy Road, Wan Chai (“Aeotec”, "we", "us" or "our").

By using our Services you are agreeing to these terms. We're required to tell you that if you don't agree to the terms below, you can't use or access the Services in any manner.

Effective date: 1 December 2019

Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, Aeotec Id, applications including mobile applications, IoT plug-ins, and other software associated with AutoPilot and its related technologies and iterations (collectively, the "Services").

Terms and terminations

  1. These Terms and Conditions of use (the "Terms") are a binding contract between you and Aeotec. You must agree to and accept all of the Terms, or you don't have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in our Services Privacy Policy, and / or Limited Warranty.
  2. Both you and Aeotec acknowledge that the Terms are concluded between you and Aeotec only, and not with any third-party app stores (“Platform”), and that your Platform is not responsible for any Services or their content. Each App Store may have its own terms and conditions to which you must agree before downloading any app or software for use with the Services.
  3. These Terms are effective on the date you first use the Services and said effect continues for as long as you own or use all or any part of the Services and / or associated product. If we have reason to believe that you have not acted in accordance with the Terms, we may suspend or terminate the agreement and your right to access and use the Services with immediate effect.
  4. We reserve the right to modify, suspend or discontinue the Services or any part thereof at any time and for any reason without the need for prior notice. Because of the interaction with third parties, the use and reliability of Homey may be impacted by the operation of third party products and services that are beyond the control of Aeotec. Aeotec shall not be liable for damage or loss that results from the operation of these third party products and services.
  5. You may terminate the agreement effective immediately upon written notice to us. After such termination, you are no longer entitled to access and use the Services.
  6. Accordingly, we may also terminate the agreement and your right to access and use the Services.
  7. These Terms are effective on the date you first use the Services and said effect continues for as long as you own or use all or any part of the Services and / or associated product. If we have reason to believe that you have not acted in accordance with the Terms, we may suspend or terminate the agreement and your right to access and use the Services with immediate effect.
  8. Access and use of the Services are licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis solely for the purposes of controlling and monitoring permitted AutoPilot installations.
  9. We grant you a non-exclusive right, one without the right to sublicense, to access and use the Services.
  10. Should you, at any time, transfer your ownership of the Services to a third-party then your right to access and use the Services automatically terminates. Your rights and this binding contract are non-transferrable and any new owner will need to create a new contract in their own name with us.
  11. We may, without any restriction, assign our rights or obligations associated with these Terms.
  12. The Services are always being improved and expanded, so these Terms will need to change from time to time along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice at https://aeotec.com/legal/autopilot-terms and / or within a suitable Services interface. If you don't agree with the new Terms, you are free to reject them though this does mean that you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
  13. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
  14. Failure or delay by us to enforce any of these Terms will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
  15. The obligations of the clauses contained under Indemnity will survive any expiration or termination of these Terms.
  16. These Terms are governed by the laws of Hong Kong. The courts of Hong Kong will have exclusive jurisdiction or any other court that has jurisdiction under relevant consumer protection laws in your jurisdiction.

Applications

  1. Software and applications (“Applications”), with and without visual interfaces, are required to access the Services.
  2. The availability of the Applications may depend upon third party websites and services and may be outside of Aeotec’s control. As such, there is no guarantee nor warranty from us that any or all Applications will be available in Platforms to which you have access.
  3. Applications are licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services.
  4. As the Services are always being improved and expanded, software upgrades and / or other modifications will be made available by us. Without any notice to the contrary, you are deemed to assume your consent for installing such updates automatically unless you have taken action to change the applicable settings that prevent automatic updates and which may be found within relevant interfaces of the Services and / or Applications.
  5. You acknowledge and agree that not all automatic updates can be prevented and that the choice remains at the discretion of us.
  6. Any updates to Applications are subject to these Terms.
  7. By changing any settings, you accept that the Services and / or Applications may not work properly and that such settings at performed at your own risk.
  8. You will only use Applications in connection with devices and installations that you own or have legal permission to control.
  9. You acknowledge and agree that your Platform has no obligation whatsoever to furnish any maintenance and support services with respect to the Applications.
  10. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify your Platform of such failure; upon notification, your Platform’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Applications.
  11. You acknowledge and agree that Aeotec, and not the Platform, is responsible for addressing any claims you or any third party may have in relation to the Applications.
  12. Elements that are part of the Applications may be subject to open source or similar licences ("Open Source Software”). Such Open Source Software may be owned by third parties. These Terms are not applicable to such Open Source Software.
  13. Both you and Aeotec acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
  14. Both you and Aeotec acknowledge and agree that the Platform and Platform’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, the Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

Compatibility

  1. Although elements of our Services are compatible with open, semi-open, and closed wireless technologies and communication standards, specifically Z-Wave, not all technologies nor products utilising them are warranted nor guaranteed to work with the Services whether in part or in full. A lack of compatibility between technologies and / or individual products is not a valid claim under any warranty provided by us.
  2. Services can be used to interact with third-party product and / or services and it is your choice as to which products and / or services this interaction occurs with. You can revoke your consent to any such interactions and data transfer by uninstalling such products and services from the Services.
  3. Owing to such aforesaid interactions with third parties, the use and reliability of Services may be impacted in a way beyond our control. Aeotec shall not be liable for such impact, whether resulting in damage or loss or otherwise.
  4. These Terms are not applicable to the use of third party products and / or services. We are not a party to, nor do we monitor, any transaction between you and those third parties.

Fees

  1. You are responsible for all costs required to purchase, loan or lease and thereafter maintain devices and connections required for the proper functioning of the Services.
  2. Except where indicated, the Services are provided to you free of charge after the purchase of the necessary hardware.
  3. Services beyond base services, typically those available as plug-ins, may attract additional fees and potentially ongoing subscriptions in order to use them.
  4. You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services.

Use

  1. You are required to register for an account, typically referred to as Aeotec Id (“Account”), in order to access the Services. You guarantee that all registration information you submit is truthful and accurate and that you will notify Aeotec of any changes to such information. You are responsible for keeping your Account information confidential.
  2. You are responsible for all activities that occur under your Account, including activities by other persons than yourself, regardless of whether you have given permission for those activities. This means that any activity under your Account by others, will be attributed to you. In the case of any unauthorised use or suspected unauthorised use of your Account, you shall immediately notify Aeotec.
  3. Similarly, the responsibility for any information publicly or privately transmitted through the Services remains with the person responsible for the associated Account and not with Aeotec.
  4. Services are not supported in all countries. The ability to use the Services outside the of Hong Kong may be possible but is done at your own risk and responsibility and without guarantee that the Services are compliant with your local laws.
  5. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
  6. You are responsible for any data or content that you generate using or transmit through the Services.
  7. You shall refrain from any unauthorised, negligent and / or illegal use of the Services including, but not limited to,;
  1. In any way that violates any law, regulation, and / or public order;
  2. In any way that violates the privacy of other uses of the Services or the privacy of Aeotec and associated entities including, but not limited to, its staff and agents;
  3. In any manner that interferes with the operation of the Services;
  4. For the purposes of causing any harm, be that physical or mental, and which could be deemed as harassment, abusive, tortious, defamatory, vulgar, obscene, libellous, or otherwise objectionable;
  5. For the purposes of impersonating another person or entity;
  6. For any method, or attempted method, of accessing the Services by any means other than the Applications provided by Aeotec;
  7. For the purposes of licensing, selling, renting, leasing, transferring, assigning, distributing, hosting and / or otherwise commercially exploiting the Services;
  8. Any attempt to decompile, disassemble, reverse compile, reverse engineer, modify or make derivative works of any part of the Services;
  9. Any attempt to alter the credit, branding, and / or legal rights notices which may be contained within or physically upon any Services.
  1. If Aeotec has reason to believe that you have not acted in accordance with these Terms, Aeotec may suspend or terminate the agreement and your right to access and use the Services, effective immediately.
  2. Any and all information and recommendations provided to you on or through the Services is for general information purposes only and does not constitute advice. We will make all reasonable efforts to ensure that any such information provided through Services are correct and up to date but we do not guarantee that the Services and / or the Information are free of errors, defects, malware and viruses, nor that the Services and / or Information are correct, up to date and accurate.
  3. You acknowledge and agree that you will use the Services or third party services in a manner that could be dangerous to you or to others, or which could cause damage to or loss of any property (whether real, personal, tangible or intangible). This includes, but is not limited to, the use of Services alongside heavy machinery, power tools, and medical equipment.
  4. You acknowledge and agree that neither AutoPilot, nor the Services, nor any of the devices from Aeotec Group, inclusive of those branded Aeotec or POPP, nor any third party devices that communicate with the Services should be used as the sole interface for the management of electronics, an environment, and other devices. The nature of AutoPilot and the type of automation it provides Is that it is a system designed to progressively expand the interface options you have for controlling an environment, devices, and electronics. However, automation platforms and devices will, from time to time, fail or lose connectivity. When such incidents occur, it is dependent on you to ensure that other interfaces, inclusive of, but not limited to, switches, remain at your disposal and fully usable for all necessary and desired purposes.
  5. You acknowledge and agree that neither AutoPilot, nor the Services, nor any of the devices from Aeotec Group, inclusive of those branded Aeotec or POPP, nor any third party devices that communicate with the Services for any life safety, time-critical or emergency purposes including, but not limited to, the management of life support systems and medicine intake intervals and reminders.
  6. The Services are provided "as is" and "as available". Aeotec cannot guarantee and do not warrant that the Services or functions contained therein;
  1. are always, without interruption, or fully available;
  2. are free of errors or defects;
  3. In any manner that interferes with the operation of the Services;
  4. are up-to-date, complete or accurate;
  5. meet your requirements;
  6. and are compatible with your devices or network.

Indemnity

  1. Aeotec shall not be liable for any loss or damage resulting from data or content accessed, acquired and / or stored through the Services.
  2. Aeotec shall not be liable for any errors in or omissions from data and content associated with the Services.
  3. Aeotec shall be liable only if it has breached material obligations of these Terms.
  4. Aeotec shall never be liable for any damage;
  1. arising from unauthorised use of your Account;
  2. arising from use of the Services in a non-supported country;
  3. arising from the use of or the inability to use electronic means of communication with the Services;
  4. arising from the use of equipment that affects, or may be affected by, radio signals in the vicinity of Services.
  1. You will indemnify, defend and hold harmless Aeotec, its licensors, and its suppliers from any claims of third parties on any basis whatsoever for damages and costs inclusive of, but not limited to, attorneys' fees in connexion with your use of the Services, your failure to comply with the Terms, and / or your failure to comply with the law or the rights of a third party.
  2. To the maximum extent permitted by applicable law, in addition to other disclaimers set forth in these Terms, in no event will (a) Aeotec be liable for any indirect, consequential, exemplary, special, or incidental damages, including, but not limited to, any damages for lost data or lost profits, arising from or relating to the products, even if Aeotec knew or should have known of the possibility of such damages, and (b) Aeotec’s total cumulative liability arising from or related to the products, whether in contract or tort or otherwise, exceed the fees actually paid by you to Aeotec or our authorised resellers for the product at issue in the prior six (6) months (if any).
  3. Aeotec will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including, without limitation, acts of God, strikes, lock-outs or other industrial action, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or pandemic, any natural disaster, failure of public or private telecommunications networks or platforms, failure of public or private data networks or platforms, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  4. All limitations are cumulative and will not be increased by the existence of more than one incident or claim.
  5. Aeotec disclaims all liability of any kind of their licensors and suppliers.
  6. If you believe Aeotec is liable for any damage, you shall notify us of this immediately.
  7. Where any plug-ins or Service expansions are installed or use, the creator of those plug-ins or expansion and not Aeotec is liable for:
  1. improper operation of the application and its effects;
  2. incompatibility of the application with its description;
  3. purpose of the application;
  4. application security;
  5. legality of the application;
  6. the creator’s permission to share the application;
  7. trademarks, logos, intellectual property, and other materials utilised by the creator.

Intellectual property

  1. Unless otherwise indicated, all rights to the Services, copyrights, and other intellectual property rights, are owned and reserved by Aeotec and its licensors.
  2. In the event you communicate or transfer unsolicited materials using the Service or otherwise provide these to Aeotec, you warrant that you have all the necessary rights to do so. Aeotec is entitled to use, copy and/or commercially exploit such materials to the fullest extent and free of charge and Aeotec is not bound by any confidentiality obligation in respect of such materials.
  3. You may not alter or remove any trademark, logo, copyright or other proprietary notices, legends, symbols or labels from any of the Services and you will not allow others to do so.
  4. You may not alter, remove or make derivative works of any part of the Services, except when applicable laws specifically prohibit such restriction for interoperability purposes, without first seeking the written permission of Aeotec to do so.