End User License Agreement for iOS
- A. Ownership; Scope of License to the Licensed Application
- B. License Restrictions
- D. Support Services
- E. Product Claims
- F. No Warranty
- G. Intellectual Property Rights
- H. Limitation of Liability
- I. Export and Sanctions Compliance
- J. Legal Compliance
- K. Commercial Items
- L. Third Party Beneficiaries
- M. Termination
- N. Severability
- O. Contact
This End User License Agreement for iOS ("Agreement") governs your download, installation and use of the mobile application (the "Licensed Application") provided by Wyze Labs, Inc. ("Wyze") located at 3933 Lake Washington Blvd NE Suite 350, Kirkland, WA 98033.
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOU AND YOUR USE OF THE LICENSED APPLICATION. BY DOWNLOADING OR INSTALLING THE LICENSED APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND OUR TERMS OF SERVICE, WHICH ARE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND OUR TERMS OF SERVICE, DO NOT DOWNLOAD, INSTALL, ACCESS OR USE THE LICENSED APPLICATION. In the event of any conflict between this Agreement and the Terms of Service, the Terms of Service will prevail.
This Agreement is a binding agreement between you and Wyze, and you acknowledge that Apple Inc. is not a party to this Agreement. Wyze and its licensors are solely responsible for the Licensed Application and the content thereof, not Apple Inc.
1. Ownership; Scope of License to the Licensed Application
The Licensed Application is licensed, not sold, to you. Wyze, and its licensors, own all right, title and interest in and to the Licensed Application, including all copyright and other intellectual property rights therein. Wyze reserves all rights not expressly granted to you. Subject to the terms and conditions of this Agreement and the Terms of Service, Wyze grants you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to download, install and use the Licensed Application on certain iOS products (each, a "Device") that you own or control and solely as permitted by the Usage Rules set forth in the App Store Terms of Service. Any Wyze software that updates, supplements or replaces the original Licensed Application is governed by this Agreement unless separate license terms accompany such update, supplement or replacement, in which case such separate terms will govern in the event of a conflict with this Agreement or as otherwise provided in such separate terms.
2. License Restrictions
The preceding states the entirety of your rights with respect to the Licensed Application and Wyze reserves all rights in and to the Licensed Application not expressly granted to you in this Agreement or the Terms of Service. The license granted to you in Section 1 does not allow you to use the Licensed Application on any Device you do not own or control. Unless stated in this Agreement or otherwise by Wyze, nothing in this Agreement will be construed as conferring any right or license to intellectual property rights, whether by estoppel, implication or otherwise.
Wyze may collect, use and share information about you, including, but not limited to, information about your use of the Licensed Application, Device, system and application software, and peripherals, that is gathered in connection with your access to and use of the Licensed Application. For information about how Wyze collects, uses and shares information about you in connection with your use of the Licensed Application, please refer to the Wyze’s Privacy Statement.
4. Support Services
If you have any questions or concerns regarding the Licensed Application, please contact Wyze at firstname.lastname@example.org or visit https://support.wyzecam.com. Customer Support is subject to availability of applicable Wyze personnel and is limited to responding to inquiries sent through standard email and other established Wyze communication channels.
Wyze does not provide any commitments or guarantees as to response times or as to whether problems or concerns can be resolved or addressed. Any customer service and support offered and provided by Wyze is not an emergency or 911 service or a dispatch center, an emergency service provider or dispatch service, or a lifesaving solution for people at risk in their home or otherwise. PLEASE DO NOT CONTACT CUSTOMER SERVICE OR SUPPORT OFFERED BY WYZE WITH ANY LIFE/SAFETY OR SECURITY EMERGENCY, MEDICAL EMERGENCY, OR ANY OTHER EMERGENCY. IF YOU HAVE ANY SUCH EMERGENCY, YOU SHOULD IMMEDIATELY CONTACT THE POLICE, FIRE DEPARTMENT, 911 OR APPROPRIATE EMERGENCY RESPONSE SERVICE.
Apple Inc. has no obligation whatsoever to furnish any support or maintenance services with respect to the Licensed Application.
5. Product Claims
Wyze, not Apple Inc., is responsible for addressing any questions, comments or claims relating to the Licensed Application or your possession and use of the Licensed Application, including, but not limited to: (a) product liability claims; (b) any claim that the Licensed Application fails to conform to the applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. If you have any questions, please contact Wyze at email@example.com or visit https://support.wyzecam.com.
6. No Warranty
Your use of the Licensed Application is at your sole risk. Except as otherwise provided in a writing by us, the Licensed Application and any content therein, are 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, Wyze does not represent or warrant the Licensed Application are accurate, complete, reliable, current or error-free. While Wyze attempts to make your use of the Licensed Application and any content therein safe, we cannot and do not represent or warrant that the Licensed Application or our servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Licensed Application.
APPLE INC. HAS NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE LICENSED APPLICATION OR ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE LICENSED APPLICATION.
Some jurisdictions do not allow or limit the exclusion of certain warranties, so the disclaimers and limitations above may not apply to you to the extent applicable law so requires.
7. Intellectual Property Rights
In the event of any claim that the Licensed Application, or your possession or use thereof, infringes any intellectual property rights of a third party, you will contact Wyze promptly and directly, and Apple Inc. will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property claim. You will cooperate with the Wyze Parties (as such term is defined in the Terms of Service) in defending such claims. The Wyze Parties will have control of the defense or settlement of any third-party claims. This indemnity is in addition to, and not in lieu of, any indemnities set forth in any other agreement between you and Wyze, including the Terms of Service.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WYZE AND THE OTHER WYZE PARTIES 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 OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF WYZE OR THE OTHER WYZE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF WYZE AND THE OTHER WYZE PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR PRODUCTS OR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO PURCHASE OUR PRODUCTS OR USE OUR SERVICES, AS APPLICABLE.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF THE WYZE PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
9. Export and Sanctions Compliance
You may not export or re-export the Licensed Application or related technology, or any content contained therein, except as authorized by export control and sanctions laws of the United States and any other government having jurisdiction. In particular, but without limitation, the Licensed Application, technology and the content contained therein may not be exported or re-exported to (a) any U.S. sanctioned or embargoed countries or regions; or (b) any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals, the U.S. Department of Commerce Denied Person's List or Entity List, or other U.S. sanctions or export control lists.
10. Legal Compliance
By downloading, installing and using the Licensed Application, 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. You will comply with all applicable laws, rules and regulations, including, but not limited to, U.S. export control laws.
11. Commercial Items
If acquired by any agency of the U.S. Government, such agency acknowledges that (a) the Licensed Application constitutes "commercial computer software" or "commercial computer software documentation" for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable; and (b) such agency's rights are limited to those specifically granted under this Agreement.
12. Third Party Beneficiaries
Apple Inc. and Apple Inc.'s subsidiaries are third party beneficiaries of this Agreement (excluding the Terms of Service). Upon your acceptance of this Agreement, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. You will comply with all applicable third-party terms.
Notwithstanding anything contained in this Agreement, Wyze reserves the right, without notice and in our sole discretion, to terminate your right to access or use the Licensed Application, and to block or prevent your future access to and use of the Licensed Application.
If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
If you have any questions, complaints or concerns regarding the Licensed Application or this Agreement, please contact Wyze at:
Wyze Labs, Inc.
Attn: Legal Dept.
3933 Lake Washington Blvd NE
Suite 350, Kirkland, WA 98033