2. License Granted. Upon and subject to acceptance by Licensee of these Terms, B2CLOUDEV/IZUM hereby grants Licensee a non-exclusive, non-transferable and non-sub licensable license to use the System subject in each instance to these Terms and solely in connection with a B2CLOUDEV/IZUM device, or any other product as identified as compatible for use therewith. The System may initially be accessed through B2CLOUDEV/IZUM ´s proprietary website www.izum.io, or any successor website (the “Site”) or the Application. Licensee will select a unique password (“Password”) to access the System. Licensee acknowledges and agrees that B2CLOUDEV/IZUM has and will retain all right, title, interest and ownership in and to the Site, the Application, and the System, including, but not limited to, any trademarks, copyrights, patents and trade secrets with respect thereto or contained therein; certain components of the System are licensed by B2CLOUDEV/IZUM from third parties, and as to such components, such third parties retain ownership and have authorized B2CLOUDEV/IZUM to grant the license herein as a sublicense to Licensee.
Licensee and B2CLOUDEV/IZUM acknowledge that these Terms are entered into between Licensee and B2CLOUDEV/IZUM only, and not with any mobile application service provider (e.g., such as Apple or Google; each an “Application Provider”). B2CLOUDEV/IZUM is responsible only for the Application. Notwithstanding the foregoing, to the extent that any Application Provider’s terms of service are more restrictive than, or otherwise in conflict with these Terms, Licensee is responsible for compliance with its Application Provider’s terms of service, in addition to continual compliance with the B2CLOUDEV/IZUM Terms herein. Licensee acknowledges that Licensee has had the opportunity to review its Application Provider’s terms of service and its use of the System will comply with such terms.
a. Licensee shall comply with any applicable third party terms of agreement between Licensee and such party when using the System.
3. System Registration. To use the System, Licensee must register an account with B2CLOUDEV/IZUM and provide information about itself, as prompted by the registration form. By using the System, Licensee agrees to: (a) accurately furnish all contact and other information requested by B2CLOUDEV/IZUM and notify B2CLOUDEV/IZUM of any change in the information; (b) properly maintain their B2CLOUDEV/IZUM device; (c) not use the System in violation of any laws, regulation, or court order, or for any unlawful or abusive purpose; (d) not use the System in any manner unintended by B2CLOUDEV/IZUM; (e) not use the System in any manner that could harm B2CLOUDEV/IZUM, its service providers, its brands, or any other person; and (f) comply with any other reasonable requirements or restrictions requested or imposed by B2CLOUDEV/IZUM. Any use or access to the Site or Application by anyone under 18 is strictly prohibited and in violation of these Terms. If Licensee has not reached the age of majority, Licensee may register for and use the Site or Application only if Licensee either is an emancipated minor or possesses legal parental or guardian consent, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
4. Use of System; Disclaimers. The System allows users to remotely monitor certain environments, home, business, lifestyle and/or other that may be connected to the B2CLOUDEV/IZUM device, as identified and described in either the B2CLOUDEV/IZUM device or any other product’s user manual, and to obtain information on the status and usage of and remotely monitor such items (e.g., garage door currently closed; current window closed, etc.). The System is provided as a convenience to Licensee. The System is not a substitute for responsible and safe appliance operation. Licensee should not rely on the System as a means of preventing accidents, fire, or damage to your home, business or lifestyle environment. It is Licensee’s responsibility to ensure that their home, business and lifestyle environment is maintained in good working order and that Licensee’s home, business and lifestyle environment is used in a safe and responsible manner. B2CLOUDEV/IZUM does not guarantee any results or the accuracy of any results that Licensee may obtain from the Service. More information about the functionality and capabilities of the System is available at www.izum.io
WARNING: To reduce the risk of SERIOUS INJURY or DEATH, NEVER permit children to operate or play with System controls, and NEVER use System controls while driving or operating equipment.
Licensee understands and agrees that:
a. The System is NOT a centralized alarm or security system, and is not intended to function or be used as such. B2CLOUDEV/IZUM does not provide central station or other monitoring of the System or any items connected to the System; such monitoring is solely the responsibility of Licensee.
b. Licensee is solely responsible for ensuring that all equipment connected to the System is correctly and safely installed and maintained in proper working order. Licensee shall read and follow all installation, operation, and safety literature included with such equipment.
c. Licensee is solely responsible for providing Internet connectivity and electric power needed to operate the System. B2CLOUDEV/IZUM has no responsibility for interruptions of electric power or Internet connectivity, whether localized to Licensee or applicable to the System as a whole. B2CLOUDEV/IZUM does not guarantee that the System will function error-free or without interruption, and has no liability for any damages or loss as a result of System unavailability for any reason.
d. The System may use “cookies” and IP addresses and/or retain user-specific information to enable the System to provide its intended functionality. If cookies are turned off, some System features may not be available (see information about privacy matters). The System may automatically download updates for the Site and for any Applications. Licensee consents to the same, and agrees to receive such downloads. B2CLOUDEV/IZUM is not responsible for any loss of System data, whether through power outage, failure of Internet connectivity, or otherwise. If Licensee terminates this License or allows it to expire, Licensee data may not be preserved.
e. Licensee understands that any application connected to the Internet is subject to inherent risks common to the Internet, such as, but not limited to, hackers and viruses. B2CLOUDEV/IZUM shall not be responsible for wrongful acts of any third party committed through use of online usage that may affect Licensee or the System.
f. Except as provided for herein, B2CLOUDEV/IZUM warrants that the System will function substantially in accordance with the published specifications found on the Site, as updated from time to time. All other warranties relating to the System or the operation or use thereof, express or implied, are hereby disclaimed and excluded, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement. B2CLOUDEV/IZUM makes no warranty that the Site or Application: (a) will meet your requirements or the provisions of any state or federal law or building code, insurance requirements, or similar regulations; (b) will be compatible with your computer or mobile device; (c) will be available on an uninterrupted, timely, secure, or error-free basis; (d) will interoperate with any other connected service including other services offered by B2CLOUDEV/IZUM; or (e) will be accurate or reliable. Licensee acknowledges and agrees that the availability of the Service is dependent on (x) Licensee’s computer, mobile device, home wiring, and other related equipment (“Equipment”); (y) Licensee’s ISP; and (z) Licensee’s carrier. B2CLOUDEV/IZUM does not guarantee the reliability or timeliness of communications or notifications from or between Licensee and the System. Licensee agrees that the System’s operation is subject to limitations and restrictions outside of B2CLOUDEV/IZUM ´s control, which include such things as wireless network capabilities, Internet availability, environmental conditions (such as buildings, weather, geography, and topography), atmospheric conditions, and other factors associated with the use of the Internet or with satellites and satellite data. B2CLOUDEV/IZUM is not responsible for these limitations.
5. Restrictions on Use. Licensee shall not use the System with any equipment for which it is not designed or that is not properly installed and in good operating condition. Licensee shall not reverse engineer or decompile the Application, or permit or assist any other person to do so. Licensee shall be responsible for any use of the System by any person to whom Licensee makes its Password available. Licensee will not redistribute, sublicense, sell, rent, loan, lease, assign, or transfer the Application to a third party. If Licensee chooses to sell or transfer ownership of its device, Licensee agrees that it will deactivate the B2CLOUDEV/IZUM device from its account on the System. In addition to the limitations set forth above, Licensee is prohibited from using the System in any way that: (a) is unlawful, threatening, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that B2CLOUDEV/IZUM deems in its sole discretion to be inappropriate; (b) accesses, collects, or stores personal information about others; (c) violates or infringes the rights of anyone else, including, for example, another person’s right to privacy; (d) impersonates any person, business, entity, or IP address (e.g., IP spoofing); (e) involves uploading, posting, emailing, transmitting, or otherwise making available any materials that you do not have a right to make available under any law; (f) is commercial in nature, including, for example, advertising, promotional or marketing materials, or spam, phishing or other unsolicited messages; (g) gains or tries to gain unauthorized access to the Service, other computers and networks, or other user data, or that otherwise modifies or interferes with the use or operation of the Service; (h) gains or tries to gain unauthorized access to a Product’s firmware or software, including by reverse engineering firmware or installing firmware not approved by B2CLOUDEV/IZUM; (i) imposes an unreasonable or disproportionately large load on B2CLOUDEV/IZUM network including but not limited to transmitting spam or using unsolicited mass emailing; (j) alters, damages, or deletes any content provided by B2CLOUDEV/IZUM; (k) contains computer viruses or other disruptive or damaging files or programs; and (l) otherwise violates these Terms or any other guidelines or policies provided by B2CLOUDEV/IZUM.
6. Operational Information. Licensee is responsible for reviewing the instructions, FAQ and user information available at www.izum.io and ensuring that every authorized user understands how to operate the System, the Site and any Applications.
7. Password and Licensee Security Obligations. Licensee will select an initial Password. Should Licensee lose its Password, Licensee will have the option to submit its email. Licensee will then be emailed instructions to reset its password. Licensee is encouraged to change its Password regularly by following the instructions provided in the Application or on the Site. Licensee is responsible for requesting a new Password if needed for any reason. Repeated incorrect attempts to log on will result in deactivation of the Password for security purposes, and Licensee will need to request a new Password. In the event of a security breach of Licensee’s password, Licensee shall provide such assistance to B2CLOUDEV/IZUM as may be requested in the investigation of any unauthorized use and any enforcement proceedings in connection therewith.
Licensee acknowledges that only one user log-in per account is available; any additional users Licensee chooses to authorize shall comply with these Terms and must use the same e-mail address and Password to log in to the System. Licensee is responsible for taking all steps as are necessary or prudent to safeguard its Password and ensure that any authorized users of the System comply with these Terms.
B2CLOUDEV/IZUM shall have no liability for unauthorized use of the System, regardless or as a result of Licensee’s choice of security measures taken or the lack thereof.
8. Mobile Application Availability. The Application is delivered in object code only. Licensee shall not reverse compile, disassemble or otherwise reverse engineer the Application, except where, and only to the extent that, such prohibition is not permitted under applicable law. Licensee acknowledges that the Application may be subject to Portugal export and import control laws. Licensee agrees that the Application will be exported or re-exported only in compliance with such laws.
9. Intellectual Property Rights. All rights in and to the System, including all intellectual property rights therein and thereto, belong to B2CLOUDEV/IZUM and its licensors, and B2CLOUDEV/IZUM and its licensors hold and retain title to the System. Licensee shall make no modifications to the Application or the System. The System is protected by copyright laws and international treaties. You may not, nor permit any other person to, copy, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the System, or use any part of the System for any other purpose other than it was intended. You may not modify, adapt, alter, translate, or create derivative works from the System.
10. Updates. Your mobile device or computer will periodically check for updates to the Application on your device or computer and, if available, the update may either prompt you to download and install the update or will automatically do so. Automatic updates can be turned off by changing the automatic updates settings on your device or computer. Certain updates may include additional content. You agree that by updating the Application, such addition content may be downloaded and installed onto your device(s) or computer.
11. Additional Provisions for Applications. Provisions that apply to certain, specific applications (i.e., open source code, Apple applications, and/or Android applications) can be found at: www.izum.io/legal.
12. Termination. These Terms will remain in full force and effect so long as Licensee continues to use or access the Application, or until terminated in accordance with the provisions of these Terms. B2CLOUDEV/IZUM may amend or change these Terms from time to time. At any time B2CLOUDEV/IZUM may (a) suspend Licensee’s right to use the Site of Application or (b) terminate these Terms, if B2CLOUDEV/IZUM in good faith believes that Licensee has used the Application or Site in violation of these Terms. B2CLOUDEV/IZUM also may terminate Licensee’s access to the System if Licensee fails to pay Service Fees. Licensee may terminate its use of the System without cause at any time; however, no refund will be issued for any unused portion of the License term. Termination shall not relieve Licensee of any obligation to pay Service Fees or other obligations accrued prior to the effective date of termination. If Licensee transfers its Product to a new owner, Licensee’s right to use the System with respect to such Product automatically terminates. The new owner will have no right to use the System under your account and will need to register for a separate account with B2CLOUDEV/IZUM.
13. Indemnity and Release; Limitation of Liability. Licensee agrees to defend, indemnify, and hold B2CLOUDEV/IZUM, its parent entity(ies), and each of the a foregoing’s respective subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (the “Released Parties”) harmless from and against any claim or cause of action arising out of Licensee’s (a) breach or alleged breach of these Terms, (b) gross negligence, (c) willful misconduct, or (d) from Licensee’s misuse of the Application, Site, and/or System.
14. DISCLAIMER OF WARRANTY. EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE IZUM DEVICE OPERATING MANUAL, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SYSTEM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SYSTEM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND IZUM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SYSTEM, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. B2CLOUDEV/IZUM DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SYSTEM, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SYSTEM WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY B2CLOUDEV/IZUM OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SYSTEM PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY. YOUR USE OF THE SYSTEM IS ENTIRELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCE WILL B2CLOUDEV/IZUM, THEIR RESPECTIVE AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF, OR RELIANCE ON, THE SYSTEM TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL B2CLOUDEV/IZUM, THEIR RESPECTIVE AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SYSTEM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR HAVE LEGISLATION THAT RESTRICTS THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IZUM, AND/OR B2CLOUDEV/IZUM CUMULATIVE LIABILITY UNDER THESE TERMS FOR ANY AND ALL DAMAGES OR UNDER ANY THEORY OF RECOVERY IS LIMITED TO $500 USD OR THE AMOUNT OF THE FEES PAID BY YOU FOR USE OF THE SYSTEM (IF ANY) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO LIABILITY.
16. Outside Portugal. IZUM AND/OR B2CLOUDEV makes no claims that the System may be lawfully viewed, downloaded, used or accessed outside of Portugal. Access to the System may not be legal by certain persons or in certain countries. IZUM AND/OR B2CLOUDEV is not responsible for ensuring the System complies with laws outside of the Portugal, and you do so at your own risk. Notwithstanding the foregoing, and in particular, but without limitation, the Application may not be exported or re-exported (a) into (or to a national or resident of) any Portugal embargoed countries. By using the Application, Licensee represents and warrants that it is are not located in, under control of, or a national or resident of any such country
17. Notices. Licensee will address any written notice to B2CLOUD SA, Rua Urbanização do Corrêlo 14., Gandra – Paredes, 4585-331 Portugal or another address designated in writing by B2CLOUDEV/IZUM to Licensee. B2CLOUDEV/IZUM will address any written notice to Licensee to Licensee’s e-mail address provided when activating the System; Licensee hereby consents to receive all notices and other communications relating to the System at such e-mail address and agrees that Licensee is solely responsible for monitoring such e-mail address and updating the e-mail address if necessary.
18. Agreement and Amendment. These Terms are effective upon acceptance by Licensee through its access of the Site or use of the System or Applications, supersede all prior agreements relating to the System, the Site and/or the Applications, and constitute the entire agreement between Licensee and B2CLOUDEV/IZUM. There are no written or oral understandings that are not fully expressed in these Terms. Service Fees, and these Terms, are subject to change by B2CLOUDEV/IZUM on thirty (30) days’ written notice to Licensee, which may be delivered by electronic mail or by posting on the Site.
19. Class Action Waiver, Arbitration. You agree that by entering into these Terms, you and B2CLOUDEV/IZUM are each waiving the right to trial by jury and the ability to participate in a class action.
ALL DISPUTES BETWEEN YOU AND B2CLOUDEV/IZUM RELATING IN ANY WAY TO THE SITE OR THE APP (INCLUDING, WITHOUT LIMITATION, ANY ADVERTISEMENTS AND DISCLOSURES ON THE SITE OR APP, ANY EMAIL AND MOBILE SMS (TEXT) MESSAGES B2CLOUDEV/IZUM MAY SEND TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE SITE OR APP), THESE TERMS, OR YOUR STATUS AS A USER, WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHT.
If you intend to seek arbitration, you must first send to B2CLOUDEV/IZUM, by certified mail, a written Notice of Dispute (“Notice”). The Notice must be mailed to Rua Urbanização do Corrêlo 14, Gandra-Paredes, Portugal. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.
All arbitrations required by these Terms will be conducted under the rules then prevailing of the Portuguese Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law no arbitration brought under, or with respect to, the Site or the App (including, without limitation, any advertisement or disclosure, any email or mobile SMS (text) message that B2CLOUDEV/IZUM may send to you, or the collection or use of any information about you in connection with the Site or the App), these Terms, or your status as a user is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless B2CLOUDEV/IZUM and you agree otherwise, the arbitrator may not consolidate more than one user’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
For arbitration claims you assert against B2CLOUDEV/IZUM in accordance with this section (but not for any arbitration claim against you) B2CLOUDEV/IZUM will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, B2CLOUDEV/IZUM will pay its, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
TO THE EXTENT PERMITTED BYLAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST B2CLOUDEV/IZUM IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO THE SITE OR THE APP (INCLUDING WITHOUT LIMITATION, ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES B2CLOUDEV/IZUM MAY SEND TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE SITE OR THE APP), THESE TERMS, OR YOUR STATUS AS A USER. THIS SECTION (CLASS ACTION WAIVER, ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND B2CLOUDEV/IZUM.
B2CLOUDEV/IZUM or you may seek injunctive relief in any state or federal court in Paredes, Portugal, and B2CLOUDEV/IZUM and you consent to the exclusive jurisdiction and venue in the state and federal courts in Paredes, Portugal for injunctive relief purposes.
LICENSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS LICENSE AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS.