Last Updated: September 12, 2019
|Collection of Information||
Information You Provide to Us
When you open an account, we ask you to provide certain information such as your name, email address, home address, phone number, and details about your home. We also collect information when you register your mobile device, request customer support or otherwise communicate with us, or otherwise choose to provide information to us.
Information About Your Use of the Platform
We collect information about your use of the Platform, such as your energy usage and other operational data.
Automatically Collected Information
When you access or use the Platform, we automatically collect information about you, including:
|Use of Information||
We use the information we collect to provide, maintain, and improve our Platform. We may also use the information we collect to:
|Sharing of Information||
We will not share data except in the following circumstances:
|We store the information we collect about you for as long as is necessary for the purpose(s) for which we originally collected it. We may retain certain information for legitimate business purposes or as required by law.|
|Transfer of Information to the U.S. and Other Countries||Hubsai is based in the United States and we process and store information in the U.S. As such, we and our service providers may transfer your information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your personal data receives an adequate level of protection in the jurisdictions in which we process it.|
You may update, correct or delete information about you at any time by logging into your online account or emailing us at firstname.lastname@example.org. If you wish to delete your account, you may do so by deleting our mobile application from your mobile device, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
When you first launch any of our mobile applications that collect location information, you will be asked to consent to the application’s collection of this information. If you initially consent to our collection of location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. You may also stop our collection of location information by following the standard uninstall process to remove all of our mobile applications from your device.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Platform.
Mobile Push Notifications/Alerts
With your consent, we may send push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
Do Not Track Notice
Do Not Track (“DNT”) is a preference available in many web browsers which allows you to inform websites you visit that you do not want them collecting information about you. Hubsai does not respond to DNT signals. For further details regarding DNT, visit donottrack.us.
HUBSAI END USER LICENSE AGREEMENT (EULA)
Last Updated: June 4, 2020
Hubsai, Inc. (“Hubsai,” “we,” or “us,” as applicable) provides the user (“you”) with a smart-home platform (the “Platform”). The Platform consists of (a) a smart home hardware device (the “Product”), (b) software embedded in the Product (the “Embedded Software”) and installed on your mobile device (the “App Software” and, collectively with the Embedded Software, the “Software”), and (c) smart home services accessible through your use of the Software (the “Services”). This Hubsai End User License Agreement (“User Agreement”) governs your access to, and use of, the Platform.
BY CLICKING THE “AGREE” BUTTON OR EXECUTING A HUBSAI ORDER FORM FOR THE PLATFORM, YOU (i) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS USER AGREEMENT, (ii) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER OR OF LEGAL AGE REQUIRED IN YOUR JURISDICTION TO ENTER INTO A BINDING AGREEMENT, AND (iii) ACCEPT THIS USER AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THIS USER AGREEMENT, YOU MAY NOT USE THE PLATFORM. THE PRODUCT IS LEASED, NOT SOLD, TO YOU AND THE SOFTWARE IS LICENSED, NOT SOLD, TO YOU.
We may make changes to this User Agreement from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through the Platform, or updating the date at the top of this User Agreement. Unless we say otherwise in our notice, the amended User Agreement will be effective immediately, and your continued use of the Platform after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended User Agreement, you must stop using the Platform.
1. Your Rights. Subject to your compliance with this User Agreement, we grant you a non-exclusive, internal license to (a) use one copy of the Embedded Software, in executable object code form only, solely on the Product that you control, (b) install and use the App Software on the mobile device you own or are authorized to control (your “Device”), and (c) access the Services on your Device, in each case for the sole purpose of controlling and monitoring the Product you are authorized to control.
2. Restrictions. You agree not to, and you will not permit others to, (a) license, sell, resell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Platform or any components thereof or make the Platform or any portion thereof available to any third party, (b) access or use the Platform or any portion thereof for any purpose other than as permitted in Section 1, (c) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Platform or any portion thereof, (d) copy, reproduce, republish, modify, make derivative works of, disassemble, reverse compile, or reverse engineer the Platform or any portion thereof, or (e) upload, transmit, or distribute any computer viruses, worms, or software intended to damage or alter the Platform or any portion thereof. You may not release the results of any performance or functional evaluation of the Software to any third party without prior written approval of Hubsai for each such release. You may not access or use the Platform or any portion thereof in order to build a competitive service or product. You must use the Platform and all components thereof in accordance with applicable law. Hubsai owns the Platform and each of the Product, Embedded Software, App Software, and Services, and all and any and all Intellectual Property Rights embodied in or related to the foregoing. For purposes of this User Agreement, “Intellectual Property Rights” means patent rights, copyrights, moral rights, trademark rights, trade secret rights, and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing.
3. Term and Termination. This User Agreement begins on the date you click “Agree” or execute a Hubsai order form for the Platform (the “Effective Date”) and will continue until terminated as set forth herein. We reserve the right to terminate this User Agreement, modify the Platform, or suspend or stop providing all or portions of the Platform at any time. You may terminate this User Agreement at any time by notifying us at email@example.com. Upon termination or expiration of this User Agreement, you will discontinue your use of the Platform and return the product to 2603 Camino Ramon, Suite 407, San Ramon, CA 94583. Notwithstanding any other provisions of this User Agreement, Section 2, Section 3, and Sections 4 through 9 survive any termination of this User Agreement.
4. Fees; Upgrades; Support. We provide the Platform for free during the first two (2) years of this User Agreement (the “Initial Term”). ON THE TWO-YEAR ANNIVERSARY OF THIS USER AGREEMENT AND THEREAFTER (THE “FEE TERM” AND, COLLECTIVELY WITH THE INITIAL TERM, THE “TERM”), WE WILL BEGIN TO CHARGE FEES FOR YOUR ACCESS AND USE OF THE PLATFORM ON AN ANNUAL BASIS (THE “FEES”), WHICH SUCH FEES WILL AUTOMATICALLY RENEW EACH YEAR DURING THE FEE TERM UNTIL YOU TERMINATE THIS USER AGREEMENT BY NOTIFYING US AT firstname.lastname@example.org. WE WILL DISCLOSE THE FEES TO YOU BEFORE CHARGING YOUR PAYMENT METHOD. ALL FEES ARE NON-REFUNDABLE AND NON-CANCELABLE ONCE BILLED UNLESS WE ARE REQUIRED BY LAW TO REFUND OR CANCEL THEM. During the Term, we will provide to you at no charge (a) upgrades to the Product and Software and (b) support Services in connection with the Platform. You may be required to grant to Hubsai the right to remotely access your Device for purposes of performing certain Services. If you do not grant such access, and you are unable to access your account for reasons outside of Hubsai’s reasonable control (e.g., by losing your password), you may be required to pay a fee for us to restore your access to the Platform.
5. Third-Party Services; Disclaimers. You acknowledge and agree that (a) the use and availability of the Platform is dependent on third-party products, services, vendors and service providers (the “Third-Party Services”), (b) the Third-Party Services may not operate in a reliable manner and may impact the way the Platform operates, and (c) Hubsai is not responsible for damages or losses due to the operation of the Third-Party Services. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, THE PLATFORM AND ANY CONTENT THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, HUBSAI DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE HUBSAI ATTEMPTS TO MAKE YOUR USE OF THE PLATFORM AND ANY CONTENT THEREIN SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE PLATFORM OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM.
6. Indemnity. To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Hubsai and our officers, directors, agents, partners, resellers, customers, and employees from and against any losses, liabilities, claims, demands, damages, expenses or costs arising out of or related to your breach or alleged breach of the restrictions set forth Section 2.
7. Limitations of Liability. To the fullest extent permitted by applicable law, Hubsai will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Hubsai has been advised of the possibility of such damages. The total liability of Hubsai for any claim arising out of or relating to this User Agreement or the Platform, regardless of the form of the action, is limited to $2,000. Multiple claims will not expand this limitation. This Section 7 will be given full effect even if any remedy specified in this User Agreement is deemed to have failed of its essential purpose.
8. Additional Terms Applicable to Mobile Devices. The following terms apply if you install, access or use the App Software on any Device that contains the iOS mobile operating system (the “iOS App”) developed by Apple Inc. (“Apple”).
- Acknowledgement. You acknowledge that this User Agreement is concluded solely between us, and not with Apple, and Hubsai, not Apple, is solely responsible for the iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service (the “Usage Rules”) as of the date you download the iOS App, and in the event of any conflict, the Usage Rules in the App Store will govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.
- Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules.
- Maintenance and Support. You and Hubsai acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
- Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Hubsai. However, you understand and agree that in accordance with this User Agreement, Hubsai has disclaimed all warranties of any kind with respect to the iOS App, and therefore, there are no warranties applicable to the iOS App.
- Product Claims. You and Hubsai acknowledge that as between Apple and Hubsai, Hubsai, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (a) product liability claims, (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party’s Intellectual Property Rights, Hubsai, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such infringement claim to the extent required under this User Agreement.
- Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. • Developer Name and Address. Any questions, complaints or claims with respect to the iOS App should be directed to: Hubsai, Inc. 2603 Camino Ramon Suite 407 San Ramon, CA 94583 email@example.com
- Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the App Software.
- Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this User Agreement, and that, upon your acceptance of this User Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this User Agreement against you as a third-party beneficiary thereof.
The following terms apply if you install, access or use the App Software on any Device that contains the Android mobile operating system (the “Android App”) developed by Google, Inc. (“Google”):
- You acknowledge that this User Agreement is between you and us only, and not with Google.
- Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
- Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the services and content available thereon. Google has no obligation or liability to you with respect to our Android App or this User Agreement.
- You acknowledge and agree that Google is a third-party beneficiary to this User Agreement as it relates to our Android App.
9. General. This User Agreement constitutes the entire agreement between you and Hubsai relating to your access to and use of the Platform. Any dispute arising from this User Agreement or your use of the Platform will be governed by the laws of the State of California, without regard to its internal conflict of law rules. Any dispute between the parties that cannot be heard in small claims court will be resolved in the state or federal courts sitting in Contra Costa County, California. If any provision or part of a provision of this User Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this User Agreement and does not affect the validity and enforceability of any remaining provisions. No failure or delay (in whole or in part) on the part of a party to exercise any right or remedy hereunder will operate as a waiver thereof or effect any other right or remedy. All rights and remedies hereunder are cumulative and are not exclusive of any other rights or remedies provided hereunder or by law. The waiver of one breach or default or any delay in exercising any rights will not constitute a waiver of any subsequent breach or default. Neither this User Agreement nor any right or duty under this User Agreement may be transferred, assigned or delegated by you, by operation of law or otherwise, without the prior written consent of Hubsai, and any attempted transfer, assignment or delegation without such consent will be void and without effect. Hubsai may freely transfer, assign or delegate this User Agreement, in whole or in part, without your prior written consent. Hubsai is not responsible for any loss or harm related to your inability to access or use the Platform.