Welcome to the online store (the “Store”) provided by Soteria AI, Inc. and its subsidiaries and affiliates (“Soteria”, “we” or “us”). Your purchase of Soteria hardware products (“Products”) from the Store constitutes your agreement to be bound by these terms and conditions of sale (“Terms & Conditions”) and the terms of the Limited Warranty posted on www.soteriaai.com. We reserve the right to change these Terms & Conditions and the terms of the Limited Warranty at any time, so please review the Terms & Conditions and the terms of the Limited Warranty each time prior to making a purchase from the Store. Every time you order Products from Soteria, the Terms & Conditions and the terms of the Limited Warranty in force at that time will apply between you and Soteria. If you have any questions regarding these Terms & Conditions, you can contact Soteria at email@example.com.
The Store is for retail sales to private consumers only. Please contact firstname.lastname@example.org if you wish to purchase wholesale supplies.
THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR SOTERIA PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD NOT PURCHASE THE PRODUCTS.
Although the Store is accessible worldwide, the Products offered on the Store are not designed and tested for use in all countries. If you choose to access the Store and/or use the Products outside the United States (the “Target Country”), as applicable, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Store is not designed for use in a non-Target Country and some or all of the features of the Store may not work or be appropriate for use in such a country. To the extent permissible by law, Soteria accepts no responsibility or liability for any damage or loss caused by your access or use of the Store in a non-Target Country.
Soteria AI, Inc. (hereinafter referred to as "Soteria") complies with laws and regulations of all countries and regions where Soteria does business. We are committed to providing customers with high-quality products that are in compliance with regulatory laws, standards, and requirements. Soteria follows applicable laws, directives, standards, and industry regulations. Each product is marked accordingly and are in compliance with, but not limited to, regulations pertaining to some of the following countries: United States, European Union, Australia, New Zealand, Mexico, Japan, Taiwan, and Korea.
2. Compatibility You acknowledge that you have verified the compatibility of the Products you are purchasing with other equipment in your business. You are solely responsible for determining the compatibility of the Products with other equipment in your business, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Products and does not otherwise constitute a basis for receiving a refund.
3. Reservations and Pre-Orders Products available for reservation and pre-order are not offered for sale by Soteria. Your placement of a reservation and pre-order does not create a contract for sale.
By placing a reservation and pre-order for a Product that is not yet available for sale, you make an offer to Soteria to purchase the Product subject to these Terms & Conditions. Soteria will obtain an authorization from your bank or credit card company and capture payment of the purchase price on the payment card you provided as a deposit for the reserved Products.
You may cancel your offer to purchase Products at any time prior to shipment and we will refund the deposit for the reserved Products. Soteria reserves the right to deduct applicable fees in processing the cancellation of your offer.
Soteria reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed, and we will refund the deposit for the reserved Products. We may attempt to contact you if all or a portion of your order is canceled, or if additional information is needed to complete and accept your order.
4. Availability and Pricing All Products offered on the Store are subject to availability. Prices for the Products are subject to change without notice at any time but changes will not affect any order you have already placed.
5. Sales Tax Prices for the Products do not include relevant taxes and you shall be responsible for the payment of applicable sales tax and import duties in your jurisdiction.
6. Resale and Title Transfer Purchases made on the Store are intended for end-users only and are not authorized for resale. Title for Products purchased from the Store passes to the purchaser at the time of delivery by Soteria to the freight carrier, but Soteria and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.
7. Shipping and Delivery Unless otherwise indicated by Soteria, prices for the Products do not include shipping costs. Our delivery charges are as quoted on the Store website from time to time or as confirmed by Soteria by email. The estimated arrival or delivery date is not a guaranteed delivery date for your order.
The Products available on the Store have been designed, marketed, and sold for use by residents of the Target Country. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English. The Products available on the Store are not intended for use outside of the Target Country. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law.
8. Installation There may be laws in the jurisdiction that you install a particular Product applicable to where and how to install that Product. You should check that you are in compliance with all relevant laws in your jurisdiction. Soteria is not responsible for any injury or damage caused by self-installation. In addition, Soteria is not responsible for any conduct of or liability associated with any third-party installers. You should do your own diligence of the installers to select one that best fits your needs.
9. Returns for Refund All sales are final and the Products can only be returned if it fails to conform to Soteria's Limited Warranty during the Warranty Period.
10. Disputes and Arbitration (a) Contact Soteria First. If a dispute arises between you and Soteria, our goal is to learn about and address your concerns. You agree that you will notify Soteria about any dispute you have with Soteria regarding these Terms & Conditions by contacting Soteria at email@example.com.
(b) Binding Arbitration. You and Soteria agree, subject to clause 9(g) (Protection of Confidentiality and Intellectual Property Rights), to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms & Conditions or your use of the Products to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further, you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Products. Subject to clause 9(g) (Protection of Confidentiality and Intellectual Property Rights), any dispute or claim made by you against us or us against you arising out of or relating to these Terms & Conditions or your use of the Products (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to the small claims tribunal in Hong Kong if they qualify for hearing by such a tribunal.
(c) Arbitration Procedures. You must first present any claim or dispute to Soteria by contacting Soteria at firstname.lastname@example.org to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 90 days after presenting the claim or dispute to Soteria. Soteria may request arbitration against you at any time after it has notified you of a claim or dispute in accordance with section 14 (Notifications). The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable Hong Kong International Arbitration Centre Administered Arbitration Rules (the “Arbitration Rules”). The place of any arbitration will be Hong Kong and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what these Terms & Conditions provide, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party's actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you nor Soteria nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
(d) No Class Actions. There shall be no right or authority for any claims subject to this arbitration section to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
(e) Fees and Expenses. All administrative fees and expenses of arbitration will be divided equally between you and Soteria. Each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at the arbitration hearing.
(f) YOU MUST CONTACT SOTERIA WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
(g) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, Soteria may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
(h)This arbitration section shall survive termination of these Terms & Conditions.
11. Warranties and Disclaimers As far as permitted by applicable law, the Store, and all content available on the Store, is provided on an “as is” basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All products and services purchased through the Store are provided on an “as is” basis unless otherwise noted in Soteria's Limited Warranty posted on www.SoteriaAI.com. You may choose whether to make a claim under these Terms & Conditions or Soteria's Limited Warranty or both, but you may not recover twice in respect of the same loss. To initiate a return under Soteria's Limited Warranty, you should contact Soteria at email@example.com.
You use a Product at your own discretion and risk. You will be solely responsible for (and Soteria disclaims) any and all loss, liability or damages resulting from your use of a Product, including damage or loss to your wiring, fixtures, electricity, lighting system, home, Product, other peripherals connected to the Product, computer, mobile device, and all other items and pets in your home.
Soteria gives no warranty regarding the life of the batteries used in a Product. Actual battery life may vary depending on a number of factors, including the configuration and usage of a Product.
12. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) SOTERIA BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS OR BENEFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF SOTERIA KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) SOTERIA’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 SOTERIA’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. SOTERIA DISCLAIMS ALL LIABILITIES OF ANY KIND OF SOTERIA’S LICENSORS AND SUPPLIERS.
14. Electronic Communications You are communicating with Soteria electronically when you use the Store or send email to Soteria. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order in the Store, we collect and store your email address. From that point forward, your email address is used to send you information about Soteria's products and services unless you opt-out of such emails using the opt-out link in the emails.
15. Notifications Soteria may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Soteria account, hard copy, or posting of such notice on the Soteria website. Soteria is not responsible for any automatic filtering you or your network provider may apply to email notifications. Soteria recommends that you add @soteriaai.com URLs to your email address book to help ensure you receive email notifications from Soteria.
16. Force Majeure We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disasters, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17. Severability If any part of one or more of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will to that extend be deemed to not form part of the contract between us. The legality, validity, or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.
18. Waiver Failure or delay by us to enforce any these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
19. Governing Law and Jurisdiction These Terms & Conditions are governed by the laws of the United States without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts of the United States for the purpose of litigating all such claims or disputes unless such a claim or dispute is required to be arbitrated as set forth in an above section.
Soteria AI, Inc. (“Soteria”) warrants to the owner of the enclosed product that the product contained in this box (“Product”) will be free from defects in materials and workmanship for a period of ONE (1) YEAR from the date of original retail purchase (the “Warranty Period”) when used in accordance with Soteria's user manuals. If the Product fails to conform to this Limited Warranty during the Warranty Period, Soteria will, at its sole discretion, (1) repair the Product using new parts or parts that are equivalent to new in performance and reliability, (2) exchange the Product with a product with equivalent functionality formed from new and/or previously used parts that are equivalent to new in performance and reliability or with your consent, a product that is at least functionally equivalent to the Product it replaces, or (3) accept the return of the Product and refund the original purchase price. This is your sole and exclusive remedy for breach of this Limited Warranty. Any Product that has either been repaired or exchanged under this Limited Warranty will be covered by the terms of this Limited Warranty for the longer of (a) ninety (90) days from the date of delivery of the repaired Product or replacement Product, or (b) the remaining Warranty Period. This Limited Warranty is transferable from the original purchaser to subsequent owners, but the Warranty Period will not be extended in duration or expanded in coverage for any such transfer. Soteria does not represent, warrant or guarantee that it will be able to repair or exchange any Product under this Limited Warranty without risk to and/or loss of information and/or data stored on the Product.
Before making a claim under this Limited Warranty, you must (a) notify Soteria of the intention to claim by contacting Soteria at firstname.lastname@example.org during the Warranty Period and providing a description of the alleged failure, and (b) comply with Soteria's return shipping instructions. Soteria will have no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after examination of the returned Product, that the Product is an Ineligible Product (as defined below). Proof of purchase may be required to verify eligibility. Soteria will bear all costs of return shipping to you and will reimburse any shipping costs incurred by you, except with respect to any Ineligible Product, for which you will bear all shipping costs.
This Limited Warranty does not cover the following (collectively “Ineligible Products”): Products marked as “sample” or “Not for Sale”, or sold “AS IS”; or Products that have been subject to (a) modifications, alterations, tampering, or improper maintenance or repairs; (b) handling, storage, installation, testing, or use not in accordance with Soteria's user manuals, or other instructions provided by Soteria; (c) abuse or misuse of the Product; (d) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or (e) Acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane. This Limited Warranty also does not cover (a) consumable parts, including batteries, unless damage is due to defects in materials or workmanship of the Product; (b) software (even if packaged or sold with the product); or (c) damages resulting from other causes that are not defects in materials and workmanship. Soteria recommends that you use only authorized service providers for maintenance or repair. Unauthorized use of the Product or software can impair the Product's performance and may invalidate this Limited Warranty.
EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOTERIA DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOTERIA ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY.
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL SOTERIA BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS OR BENEFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCT, AND SOTERIA’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY OR THE PRODUCT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER.
THE SOTERIA ONLINE SERVICES (“SERVICES”) PROVIDE YOU WITH INFORMATION (“PRODUCT INFORMATION”) REGARDING YOUR SOTERIA PRODUCTS OR OTHER PERIPHERALS CONNECTED TO YOUR PRODUCTS (“PRODUCT PERIPHERALS”). THE TYPE OF PRODUCT PERIPHERALS THAT MAY BE CONNECTED TO YOUR PRODUCT MAY CHANGE FROM TIME TO TIME. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL PRODUCT INFORMATION IS AUXILIARY, AND PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE”. SOTERIA DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE OR THAT PRODUCT INFORMATION OR USE OF THE SERVICES OR PRODUCT WILL PROVIDE FIRE AND/OR LIFE SAFETY IN YOUR HOME OR FIT ANY AND ALL YOUR PARTICULAR PURPOSES. YOU USE ALL PRODUCT INFORMATION, THE SERVICES, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND SOTERIA DISCLAIMS) ANY AND ALL CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED LOSS, LIABILITIES, DAMAGES, COSTS, EXPENSES, INJURIES, OR DEATHS, INCLUDING BUT NOT LIMITED TO GOVERNMENT FINES, ISSUES RELATED TO FIRE ALARM PERMITTING, FALSE ALARMS, YOUR WIRING, FIXTURES, ELECTRICITY, LIGHTING SYSTEM, HOME, PRODUCT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, SERVICES, OR PRODUCT. PRODUCT INFORMATION PROVIDED BY THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT MEANS OF OBTAINING THE INFORMATION. FOR EXAMPLE, A NOTIFICATION PROVIDED THROUGH THE SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT ACCESS TO OBTAINING INFORMATION IN THE HOME AND ON THE PRODUCT, NOR FOR A THIRD PARTY MONITORING SERVICE THAT MONITORS ALARM STATE AND/OR A TRADITIONAL SMOKE DETECTOR.
If any term of this Limited Warranty is held to be illegal or unenforceable, it shall be severed from this Limited Warranty and the legality or enforceability of the remaining terms shall not be affected.
This Limited Warranty and the Terms and Conditions of Sale posted on www.soteriaai.com constitute the entire agreement between you and Soteria relating to the subject matter hereof and supersede any previous or contemporaneous agreements and understandings, both written and oral, among you and Soteria with respect to the subject matter hereof.
Terms of Cloud
Last Updated: June 1st, 2020
1. The Cloud Service (a) The Cloud Service. The Cloud Service provides storage, retrieval, management, and access features and functionality for your photos, videos, and other files (“Your Files”). By using the Cloud Service, you are directing us to store, manage, and provide access to Your Files on your behalf.
(b) Using Your Files with the Cloud Service. You may use the Cloud Service only to store, retrieve, manage, and access Your Files for personal, non-commercial purposes using the features and functionality we make available. You may not use the Cloud Service to store, transfer or distribute the content of or on behalf of third parties, to operate your own file storage application or service, to operate a photography business or other commercial service, or to resell any part of the Cloud Service. You are solely responsible for Your Files and for complying with all applicable copyright and other laws, including import and export control laws and regulations, and with the terms of any licenses or agreements to which you are bound. You must ensure that Your Files are free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.
(c) Sharing Your Files. The Cloud Service may provide features that allow you to share Your Files with others. You may only share Your Files in which you have all the necessary copyright and other rights. If you share a file, anyone with access to that file may view and download copies of the file. You are solely responsible for how you share Your Files and who may access Your Files that you share. You may not share files (a) that contain defamatory, threatening, abusive, pornographic, or otherwise objectionable material, (b) that advocate bigotry, hatred, or illegal discrimination, or (c) if sharing those files violates any law, any intellectual property, publicity, privacy, or other right of others, or any license or other agreement by which you are bound.
(d) Third Party Services. The Cloud Service may allow you to give third party websites, apps, and services (“Third Party Services”) access to Your Files, including the ability to make copies of Your Files, modify or delete Your Files, or create new files on your behalf. The use and storage of Your Files by Third Party Services will be governed by their privacy policies and terms. Soteria has no responsibility or liability with respect to your use of Third Party Services or the content, functionality, or acts of Third Party Services you use.
2. Service Plans (a) Service Plans; Trial Plans. The Cloud Service offers plans with different limits and fees (each a “Service Plan”). We may offer trial or promotional Service Plans (“Trial Plans”). Some Trial Plans automatically convert to a paid Service Plan at its regular price at the end of the trial or promotional period unless you choose not to upgrade. If you sign up for a Trial Plan that automatically upgrades, we will charge your credit card at the end of the Trial Plan unless you choose to cancel. Trial Plans may be subject to additional terms.
(b) Fees. The price stated for each Service Plan does not include any taxes that we may charge. Payment is non-refundable, even if you stop using the Cloud Service.
(c) Changing Your Service Plan. If you upgrade your Service Plan, the upgrade will take effect immediately, we will charge you the applicable fee, and your Service Plan term may be extended, as described at the time you upgrade. If you downgrade your Service Plan, unless otherwise specified, the downgrade will take effect at the end of the term of your existing Service Plan. If you no longer have a Service Plan or exceed your Service Plan's storage limit, including by downgrading or not renewing your Service Plan or no longer qualifying for an Additional Benefit (as defined below), we may delete or restrict access to Your Files.
(d) Automatic Renewal. UNLESS YOU NOTIFY US BEFORE RENEWAL THAT YOU WANT TO CANCEL, YOUR PAID SERVICE PLAN WILL AUTOMATICALLY RENEW AT THE END OF ITS TERM, AND YOU AUTHORIZE US (WITHOUT NOTICE) TO COLLECT THE THEN-APPLICABLE FEE AND ANY TAXES FOR THE RENEWAL PLAN, USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU. Service Plan fees and features may change over time. Your renewal plan will be the one we choose as being closest to your Service Plan. You must use a credit card to pay for a Service Plan. Do not sign up for a Service Plan with a debit card. Also known as a “check” or “ATM” card, a debit card typically has the word “debit” printed on the face of the card.
(e) Additional Service Benefits. We may offer additional Service benefits, such as incremental storage capacity or free storage of certain file types, including in connection with other products and services (“Additional Benefits”). Additional Benefits are separate from any Service Plan and are subject to any additional terms and conditions provided with the Additional Benefits or the applicable product or service.
3. Use of the Service (a) Use of Your Soteria Account. You may only use your Service Plan in connection with one Soteria account. You may not share your account login information (including account username and password) with others or use anyone else's Soteria account login information (including username and password). You are responsible for maintaining appropriate security and protection of Your Files.
(b) Usage Restrictions and Limits. The Cloud Service is offered in the Target Country as listed in Soteria's Terms and Conditions of Sale. We may restrict access from other locations. There may be limits on the types of content you can store and share using the Cloud Service, such as file types we don’t support, and on the number or type of devices you can use to access the Cloud Service. We may impose other restrictions on the use of the Cloud Service.
4. Software (a) Use of the Software. We may make available to you software for your use in connection with the Cloud Service (the “Software”). Your use of the Software is subject to Soteria's Terms of Service.
5. Changes; Suspension and Termination (a) Changes. We may change, suspend, or discontinue the Cloud Service, or any part of it, at any time without notice. If we discontinue the Cloud Service, we will give you a prorated refund of any fees paid for your Service Plan based on the number of full months remaining in your Service Plan. You agree that you will not be entitled to any refund or rebate and we will not be held liable for any suspensions of the Cloud Service for security reasons, system failure, maintenance, and repair, or other circumstances.
(b) Suspension and Termination. Your rights under the Agreement will automatically terminate without notice if you fail to comply with its terms. We may terminate the Agreement or restrict, suspend or terminate your use of the Cloud Service at our discretion without notice at any time, including if we determine that your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of the Cloud Service or harms our interests or those of another user of the Cloud Service. If your Service Plan is restricted, suspended or terminated, you may be unable to access Your Files and you will not receive any refund of fees or any other compensation.
6. General (a) No Waiver. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
(b) Amendment. We may amend the Agreement at our sole discretion by posting the revised terms in the Cloud Service or on www.soteriaai.com, but any increase in fees will not affect the cost of your Service Plan during its term. Your continued use of the Cloud Service or the Software after any amendment evidences your agreement to be bound by it.
(c) Contact Information. For communications concerning the Agreement, please write to Soteria, Attn: Legal Department, 1215 Stovall Ave., Hacienda Heights CA 91745.
(e) Limitations of Liability. Without limiting the warranty disclaimers and limitation of liability in Soteria's Terms of Service: (a) in no event will our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Software exceed the amount of fifty U.S. dollars (US$50.00); (b) in no event will our total liability to you for all damages arising from your use of or inability to use the Cloud Service or information, materials or products included on or otherwise made available to you through the Cloud Service (excluding the Software), exceed the amount you paid for the Cloud Service related to your claim for damages; and (c) we have no liability for any loss, damage or misappropriation of Your Files under any circumstances or for any consequences related to changes, restrictions, suspensions or termination of the Cloud Service or the Agreement. We disclaim all liabilities of any kind of our licensors and suppliers. These limitations will apply to you even if the remedies fail of their essential purpose.
User License Agreement
Last Updated: June 1st, 2020
By using the software (“Product Software”) that is embedded on the product (“Product”) of Soteria AI, Inc. and its subsidiaries and affiliates (collectively, “Soteria”, “we” or “us”), you agree to the terms of this User License Agreement (“ULA”) between you and Soteria. Your use of (a) the website located at www.SoteriaAI.com, sub-domains (each, a “Site”), (b) services through the Sites (and any updates thereto) (“Web Apps”), and (c) certain software that may be downloaded to your mobile device (and any updates thereto) (“Mobile Apps”) is governed by Soteria's Terms of Service. Your purchase of the Product (excluding the Product Software) is governed by Soteria's Limited Warranty. This ULA does not govern your use of the Sites, Web Apps, or Mobile Apps, or your purchase of the Product (excluding the Product Software). This ULA governs your access and use of the Product Software.
THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE PRODUCT SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THIS ULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THIS ULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE PRODUCT SOFTWARE AND TO ENTER INTO THIS ULA. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE PRODUCT SOFTWARE.
AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE PRODUCT SOFTWARE. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE PRODUCT SOFTWARE.
AS DESCRIBED BELOW, SECTION 9 DESCRIBES IMPORTANT LIMITATIONS OF THE PRODUCT SOFTWARE AND RELATED SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING AND ACCEPTING THEM.
1. License Subject to your compliance with the terms of this ULA and your payment of any applicable fees, Soteria grants to you a limited, non-transferable and non-exclusive license (without the right to sublicense) to execute one (1) copy of the Product Software, in executable object code form only, solely on the Product that you own or control and solely for use in conjunction with the Product for your personal, non-commercial purposes.
2. Restrictions You agree not to, and you will not permit others to, (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Product Software or make the Product Software available to any third party, (b) copy or use the Product Software for any purpose other than as permitted in Section 1, (c) use any portion of the Product Software on any device or computer other than the Product that you own or control, (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product Software, or (e) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Product Software (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact Soteria and provide Soteria an opportunity to create such changes as are needed for interoperability purposes). You may not release the results of any performance or functional evaluation of any of the Product Software to any third party without prior written approval of Soteria for each such release.
3. Automatic Software Updates Soteria may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Product Software and related services (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to stop using the Product. If you do not cease using the Product, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Product and the Product Software and you agree to promptly install any Updates Soteria provides. Your continued use of the Product is your agreement to this ULA.
4. Ownership The Product Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Soteria and its licensors. Soteria and its licensors reserve all rights in and to the Product Software not expressly granted to you in this ULA. The Product Software (and all copies thereof) is licensed to you, not sold, under this ULA. There are no implied licenses in this ULA. All suggestions or feedback provided by you to Soteria with respect to the Product Software shall be Soteria's property. Soteria may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Soteria does not waive any rights to use similar or related ideas previously known to Soteria, developed by its employees, or obtained from other sources.
5. Open Source Certain items of software included with the Product Software are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this ULA. Instead, each item of Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in this ULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software.
6. Term and Termination This ULA and the license granted hereunder are effective on the date you first use the Product Software or Product and shall continue for as long as you own the Product unless this ULA is terminated under this section. Soteria may terminate this ULA at any time if you fail to comply with any term(s) hereof. You may terminate this ULA effective immediately upon written notice to Soteria. Upon termination of this ULA, the license granted hereunder will terminate and you must stop all use of the Product Software, but the terms of Sections 2 through 18 (inclusive) will remain in effect, after any such termination.
7. Warranty Disclaimer NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOTERIA PROVIDES THE PRODUCT SOFTWARE “AS IS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SOTERIA DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT SOFTWARE. SOTERIA MAKES NO WARRANTY THAT THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.
YOU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), THE PRODUCT SOFTWARE, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND SOTERIA DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY, LIGHTING SYSTEM, HOME, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCT SOFTWARE, OR PRODUCT.
8. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) SOTERIA BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS OR BENEFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR PRODUCT SOFTWARE, EVEN IF SOTERIA KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) SOTERIA’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND PRODUCT SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO SOTERIA OR SOTERIA’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. SOTERIA DISCLAIMS ALL LIABILITY OF ANY KIND OF SOTERIA’S LICENSORS AND SUPPLIERS.
9. Limitations of Product Software You acknowledge that the Products and Product Software are not certified for emergency response. YOU UNDERSTAND THAT THE PRODUCTS AND PRODUCT SOFTWARE ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM– SOTERIA DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. In addition, the Soteria customer support contacts cannot be considered a lifesaving solution for people at risk in the home, and they are no substitute for emergency services. All life-threatening and emergency events should be directed to the appropriate response services or appropriate authorities.
The Product Software provides you with information (“Product Information”) regarding the Products in your home and their connection with other products and services. All Product 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 Product Information through the Product Software is not a substitute for direct access to the information in the home.
10. Confidentiality “Confidential Information” shall mean the Product Software and all other information disclosed to you that Soteria characterizes as confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of right and without restriction on disclosure, or (d) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least three (3) years after termination of this ULA, provided, however, that any source code you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation, or other third parties without the prior written consent of Soteria. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify Soteria in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this ULA, and will cooperate with Soteria in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will (i) immediately notify Soteria prior to such disclosure to allow Soteria an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with Soteria in protecting against any such disclosure and/or obtaining a protective order to narrow the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.
11. For Government End Users The Product Software is a “commercial item,” and more specifically is “commercial computer software” and “commercial computer software documentation”. The Product Software is provided to government end users only as a commercial end item and with only those rights as are granted to all other customers pursuant to the terms and conditions herein.
12. Export Compliance The Product Software and related technology are subject to applicable export or import control laws and regulations. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Product Software and related technology, as may be required. You will indemnify and hold Soteria harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney's fees) arising from or relating to any breach by you of your obligations under this section.
13. Governing Law; Venue You agree that this ULA, and any claim, dispute, action, cause of action, issue, or request for relief relating to this ULA, will be governed by the laws of Hong Kong, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding relating to this ULA must be brought in a court located in Hong Kong and each party irrevocably submits to the jurisdiction and venue of any such court in any such claim or dispute, except that Soteria may seek injunctive relief in any court having jurisdiction to protect its intellectual property or Confidential Information.
14. Assignment Neither the rights nor the obligations arising under this ULA are assignable by you, and any such attempted assignment shall be void and without effect.
15. Notices Any notice to you may be provided by email to the address that you registered with Soteria.
16. Severability If any provision of this ULA is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
17. Waiver All waivers by Soteria will be effective only if in writing. Any waiver or failure by Soteria to enforce any provision of this ULA on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
18. General The Product Software is deemed irrevocably accepted upon your use of the Product Software or Product. Soteria will have no responsibility to provide maintenance or support services with respect to the Product Software. The parties are independent contractors.
You acknowledge that the Product Software contains valuable trade secrets and proprietary information of Soteria, that any actual or threatened breach of Section 2 (Restrictions) of this ULA will constitute immediate, irreparable harm to Soteria for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.
The headings of sections of this ULA are for convenience and are not to be used in interpreting this ULA.
Soteria reserves the right to make changes to this ULA. Soteria will post notice of modifications to this ULA on this page. You should ensure that you have read and agree with Soteria's most recent ULA when you use the Product Software.
Continued use of the Product Software following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised ULA.
Questions or Additional Information. If you have questions regarding this ULA, please contact Soteria at email@example.com.