Wyze Terms of Service
Effective: March 31, 2020
2. Use of Wyze Products And Services
- 1. Eligibility
- 2. Your Account
- 3. Suspension or Termination of Account
- 4. Access and Use
- 5. Automatic Software Updates
- 6. System Requirements
- 7. Export and Sanctions Compliance
3. User Content
- 1. Content Submission and Use
- 2. Prohibited Content
4. Digital Millennium Copyright Act
- 1. Notice of Infringing Content
5. Third-party Products, Services And Content
- 1. General
6. Ownership And Intellectual Property
- 1. Ownership
- 2. Wyze Trademarks
- 3. Feedback
7. Wyze Terms of Sale
- 1. Order Eligibility
- 2. Product Availability, Display, and Specifications
- 3. Purchase Restrictions and Quantity Limits
- 4. Order Process; Errors
- 5. Price
- 6. Service and Other Fees
- 7. Payment
- 8. Returns
8. Limited Warranty And Disclaimers
- 1. Limited Warranty
- 2. Intended Use of Wyze Products and Services
- 3. No Life Safety, Security or Critical Uses of the Products and Services
- 4. Service Interruptions and Failures; No Refund, Credits or Rebate
- 5. Customer Support
- 6. Disclaimer of Warranties
- 7. Release
- 9. Indemnity for Third-party Actions
- 10. Modification or Termination of Services
- 11. Limitation of Liability
- 12. Dispute Resolution And Arbitration/Waiver of Class Action And Jury Trial
- 13. Governing Law And Venue
- 1. Severability; Waiver
- 2. Notifications
- 3. Disclosures
Wyze Labs, Inc. and its affiliates (collectively, “Wyze”, “we” or “us”) provide:
- the websites located at www.wyze.com and www.wyzecam.com, and all associated web pages, websites and corresponding social media pages of Wyze (collectively, the “Site”), your use of which is governed by these Terms of Service (these “Terms”);
- mobile application software that may be downloaded to your smartphone or tablet to access services (the “Wyze App”), your use of which is governed by these Terms and the End User License Agreement for iOS or the End User License Agreement for Android, as applicable; and
- Wyze hardware products (the “Products”) and services accessible via the Site and the Wyze App (such services, together with the Site and the Wyze App, collectively the “Services”). Your use of the Products and Services are governed by these Terms and any applicable additional guidelines, terms or rules (the “Supplemental Terms”), including those listed below. If there is a conflict between these Terms and any Supplemental Terms, the Supplemental Terms will control for that conflict.
In addition to these Terms and the applicable Supplemental Terms, your purchase of any Product is governed by the Terms of Sale (“Terms of Sale”) below and the limited warranty set forth below.
In addition to these Terms, Supplemental Terms that may apply to your use of the applicable Products or Services include:
- Supplemental Terms for the Wyze Cam
- Supplemental Terms for the Complete Motion Capture Services
- Supplemental Terms for Gift Cards
- Supplemental Terms for the Wyze Scale
- Supplemental Terms for the Wyze Band
BY CREATING AN ACCOUNT OR ACCESSING, PURCHASING, OR USING ANY OF OUR PRODUCTS OR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 12, DO NOT USE OUR PRODUCTS OR SERVICES.
We may make changes to these Terms 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 our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Products or Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If you have any questions about these Terms or our Services, please contact us from our support page.
For information about how we collect, use, share and otherwise process information, please see our Privacy Statement for Wyze.com and Privacy Statement for Wyze Products & App.
2. USE OF WYZE PRODUCTS AND SERVICES
You must be at least 16 years of age to access, purchase, or use any of our Products or Services. If you are under 16 years of age, do not use, purchase or sign up for any Products or Services. If you are under the age of 18 (or the age of legal majority where you live), you may use our Products or Services only under the supervision of a parent or legal guardian who has reviewed and agreed to these Terms. Any parent or legal guardian of a user under the age of 18 (or the age of legal majority) who has reviewed these Terms as required by the previous sentence, hereby agrees to be fully responsible for the acts or omissions of such user in relation to the use of our Products or Services. If you use our Products or Services on behalf of another person or entity, (i) all references to “you” throughout these Terms will include that person or entity, (ii) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (iii) in the event you, the person, or the entity violate these Terms, both you and the other person or entity agree to be jointly and severally responsible and liable for any such violation.
Accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Site from locations outside the United States and Canada, you do so at your own risk.
You may not create more than one Wyze account. You may not use, purchase or sign up for any of the Products or Services if you were previously prohibited by Wyze from using the Products or Services.
B. Your Account
To use certain Services and Products, you must register or sign up for a user account with Wyze (“Account”) and provide certain information about yourself, as prompted by the applicable sign up screen or registration form. You represent and warrant that: (i) all required registration and Account information that you submit is truthful, current and accurate; (ii) you will maintain the accuracy of such information; (iii) 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; (iv) you are not listed on any U.S. Government list of prohibited or restricted parties; and (v) your use of the Products or Services will not violate any United States or other applicable law or regulation.
You must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
C. Suspension or Termination of Account
Wyze may suspend or terminate your Account and/or access to the Services at any time upon becoming aware of any violation or threatened violation of the Terms, any security or other threat to our systems, technology, business or to other people, or other matters warranting such suspension or termination. We are not responsible for any loss or harm related to your inability to access or use our Services.
D. Access and Use
You may access and use the Services as permitted by, and subject to, these Terms and any other applicable agreements between you and Wyze. You are solely responsible for your conduct while using our Products or Services and you will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort while using our Products or Services. Without limiting the generality of the foregoing, you will not:
- use or attempt to use another user’s Account without authorization from that user and Wyze;
- permit any third party to access the Services except as permitted herein;
- sell or resell our Products or Services, or commercially use our Products or Services;
- copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us;
- modify our Products or Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Products or Services;
- use our Products or Services other than for their intended purpose or in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Products or Services or that could damage, disable, overburden or impair the functioning of our Products or Services in any manner;
- reverse engineer any aspect of our Products or Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Products or Services;
- copy, frame or mirror any part or content of the Services, other than copying or framing in your own intranet or otherwise for your own internal business purposes;
- use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Products or Services;
- develop or use any applications, except those applications provided by Wyze, that interact with our Products or Services without our prior written consent;
- use our Products or Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;
- copy any feature, function or graphic of the Products or Services; or
- access our Products or Services in order to build a competitive product or service, or copy any feature, function or graphic of the Products or Services.
E. Automatic Software Updates
Wyze may, in its sole discretion from time to time, provide updates, patches, fixes and other modifications to the Products or Services (collectively “Updates”), but has no obligation to do so. Any Update will be subject to these Terms. Updates may be automatically installed without providing any additional notice or obtaining any additional consent from you, and you hereby consent to these automatic Updates. If you do not want such Updates, your remedy is to terminate your Account with us and stop using the Products and Services. You may be required to install Updates to use the Wyze App or other parts of the Products or Services, and you will promptly install any Updates that Wyze makes available to you.
F. System Requirements
The Products and Services will not be fully accessible without:
- a working Wi-Fi network that is positioned to communicate reliably with the Products;
- an Account;
- an enabled and supported wireless device with the Wyze App installed, such as a phone or tablet;
- always-on broadband Internet access with bandwidth sufficient to support the Products and Services; and
- other system elements that may be specified by Wyze, as and when applicable.
It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. The Products and Services may not work as described when such requirements have not been met. In the event of any service interruptions to your home’s Wi-Fi network or internet connection, or to your mobile, telephone and other network connections with respect to the Wyze App, the Products or Services may be unreliable or unavailable for the duration of such interruption. Because you are solely responsible for ensuring proper connections for transmission of data with respect to the Products and Services, we are not responsible for any such interruptions and any resulting failures of the Products or Services.
G. Export and Sanctions Compliance
You may not export or re-export the Products, Services 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 Products and Services, and the 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.
3. User Content
A. Content Submission and Use
Our Services may allow you and other users to create, post, use, share and store content, including message board posts, comments, videos, messages, photos or other preferences you express or materials you share with us or other users when using our Services (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Wyze.
You grant Wyze and affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute your User Content (including, for avoidance of doubt, any name, username or likeness provided in connection with your User Content or associated with your account) in all media formats and channels now known or later developed without compensation to you. Depending on your account settings and the options you select, when you post or otherwise share User Content on or through our Services, you understand that some or all of your User Content (including your name, username or, profile photo and other account information) may be visible to others.
User Content may not:
- be unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- contain or depict any statement, remark or claim that does not reflect your actual view or experience;
- impersonate, or misrepresent your affiliation with, any person or entity;
- contain any unsolicited promotion, political campaigning, advertising or solicitation;
- contain any private or personal information of a third party without such third party’s consent;
- contain any virus, corrupted data or other harmful, disruptive or destructive file or content; or
- in our sole judgment, be objectionable, restrict or inhibit any other person from using or enjoying our Services, or expose us or others to any harm or liability of any type.
We may remove any User Content at any time if we determine that it violates any of these Terms. You represent and warrant that: (y) you have all necessary rights in the User Content to make it available through the Services and grant the license rights in these Terms, and (z) our use of User Content as permitted by these Terms will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
B. Prohibited Content
In connection with your use of any Product or Services, you will not:
- engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- impersonate or post on behalf of any person or entity without their authorization or otherwise misrepresent your affiliation with a person or entity;
- use our Products or Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; or
- use our Products or Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Enforcement of this Section is solely at Wyze’s discretion, and failure to enforce this Section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section does not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
4. DIGITAL MILLENNIUM COPYRIGHT ACT
A. Notice of Infringing Content
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Wyze’s designated agent as follows:
Copyright Agent – Attention Wyze Legal Department
3933 Lake Washington Boulevard NE Suite 350
Kirkland, Washington 98033, USA
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Wyze for certain costs and damages.
5. THIRD-PARTY PRODUCTS, SERVICES and content
Wyze Products and Services rely on or inter-operate with third-party products and services, including, without limitation, data storage services, communications technologies, IoT platforms, third party app stores, and internet and mobile operators (collectively, “Third-Party Materials”). These Third-party Materials are beyond Wyze’s control, but their operation may impact, or be impacted by, the use and reliability of the Wyze Services and Products. You acknowledge that:
- the use and availability of the Products and Services is dependent on third-party product vendors and service providers;
- these Third-Party Materials may not operate in a reliable manner 100% of the time and they may impact on the way that the Wyze Services operate; and
- except as otherwise required by law, Wyze is not responsible for damages and losses due to the operation of these Third-Party Materials.
Additionally, certain items of independent, third-party code may be utilized in connection with the Products or Services that may be subject to open-source licenses (“Open-source Software”). The Open-source Software is licensed under the terms of the license that accompanies such Open-source Software. Nothing in the Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Open-source Software. Please see Open Source Software Disclosure for Wyze Labs’ Products and Services for more information regarding the Open Source Software utilized in connection with our Products and Services.
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content, data, information and other materials available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those who may be interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Wyze does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
We do not warrant or endorse, and will have no responsibility with respect to: (i) products or services that you have been offered or that you obtain from a third party that relate to the Products or Services, even if accessed through a hyperlink or other method using the Services, (ii) any Third-Party Materials or Third-Party Content, or (iii) any data or other information you may provide to any third party. You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services and other products and services necessary to access and use the Products and Services.
6. OWNERSHIP AND INTELLECTUAL PROPERTY
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, and all intellectual property therein and in the Products, are owned by Wyze or our licensors and are protected under both United States and foreign laws. We reserve all right, title and interest in and to the Products or Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
B. Wyze Trademarks
The “WYZE”, “WYZE CAM”, “WYZE SENSE”, “WYZE BULB”, “WYZE PLUG”, and “WYZE LOCK” names, our logos, our other Product and Service names, our slogans and the look and feel of the Services are trademarks of Wyze and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any Products, Services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may choose to or Wyze may invite you to submit comments, suggestions or ideas about our Products or Services, including how to improve the Products or Services (“Feedback”). By submitting or providing any Feedback, you agree that your submissions are voluntary, gratuitous and without restriction, and will not place Wyze under any obligations to you or any other party. Wyze may use, copy, modify, publish or redistribute the Feedback and its contents for any purpose and in any way without any compensation to you. Wyze does not waive any rights to use similar or related ideas previously known to Wyze, developed by its employees or obtained from other sources.
7. WYZE TERMS OF SALE
The following Terms of Sale apply to the purchase of Products and Services through our Site.
By purchasing a Product or Service, you accept and agree to be bound by these Terms of Sale. If you do not agree to these Terms of Sale, do not purchase Products or Services from the Site.
A. Order Eligibility
To complete your purchase, you must have a valid billing and shipping address within a country that can be selected for the billing and shipping addresses as part of the checkout process on the Site (the “Territory”). We make no promise that Products or Services available on the Site are appropriate or available for use in locations outside the Territory.
B. Product Availability, Display, and Specifications
Details of the Products and Services available for purchase are set out on the Site. All features, content, specifications, Products, and prices of Products and Services described or depicted on the Site are subject to change at any time without notice. We attempt to ensure that information on the Site is complete, accurate, and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, availability, accuracy or currency of any information on the Site. For example, Products or Services included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site.
We make reasonable efforts to publish information and display Product images accurately, but we cannot guarantee that the image you see on your monitor or mobile device will exactly match the Product. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown.
C. Purchase Restrictions and Quantity Limits
You may only purchase Products and Services for personal use by either yourself or your intended recipient of the Products. The Products and Services are not authorized for resale. We may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order.
D. Order Process; Errors
You will have the opportunity to review and confirm your order, including delivery address, payment method, and other details of your order. We will display or send a notice when we accept your order and our acceptance will be complete at the time we display or send the notice. We will arrange for shipment of the Products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping and delivery of your order. Title and risk of loss in any goods you purchase pass to you when the shipping carrier receives the goods from Wyze. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
We reserve the right to refuse or cancel any order prior to delivery. For example, if there are errors on the Site or made in connection with your order, inaccuracies in Product or pricing information or Product availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We also may require verification of information prior to the acceptance and/or shipment of any order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain Product or Service may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.
Prices shown on the Site exclude all taxes or charges for shipping and handling. Taxes and shipping and handling costs will be added to the amount of your purchase and itemized on the check-out page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. Each item in your shopping cart is shown at the current price. All prices on the Site are subject to change at any time without notice. We do not collect taxes on merchandise shipped to a jurisdiction in which we do not have substantial nexus, in which case you will be liable to the appropriate taxing authority for any sales taxes relating to your purchase from the Site.
F. Service and Other Fees
Some Services may be provided for a fee, either now or in the future. When you select or use Services subject to a fee, you will pay the applicable fees in connection with such Service(s) in accordance with the amounts and payment terms (including due dates) specified in the applicable Supplemental Terms or on the Site and/or the Wyze App. If no timing or due date for a given Service fee is specified, such fee will be due upon selection or sign up for the applicable Service. Some paid Services may be offered on a subscription basis with fees charged to you upon periodic renewals of such Service absent your termination of such Service prior to the renewal fee becoming due. Unless otherwise noted, all fee payment obligations for Services are non-cancelable and all Service fees paid are non-refundable and non-creditable. Wyze may change any or all of its Service fees (or impose new fees) upon notification to you of such changed or new fees (except to the extent the applicable Supplemental Terms expressly state that fee rates are locked in for some period of time).
The Site gives you different payment options. We reserve the right to change our payment options at any time and for any reason. Payment must be received by us before our acceptance of an order. When you provide credit card information or other information necessary to facilitate payment to us or our vendors, you represent to us that (i) you are the authorized user of the credit card that is used to pay for the Products and Services, (ii) the credit card information you supply to us is true, correct and complete, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. Credits or refunds will be made to the same method of payment and account used to place the order.
OUR RETURN POLICY IS IN ADDITION TO ANY STATUTORY RIGHTS YOU MAY HAVE UNDER LAW. WE WILL ACCEPT ANY ITEMS RETURNED IN ACCORDANCE WITH OUR RETURN POLICY DESCRIBED ON OUR RETURN POLICY AND LIMITED WARRANTY TERMS. WE MAY DENY ANY RETURN IF IT FAILS TO MEET OUR RETURN CRITERIA DESCRIBED IN OUR RETURN POLICY. FOR ADDITIONAL INFORMATION ON OUR RETURN PROCESS AND POLICY, PLEASE VISIT OUR RETURN POLICY AND LIMITED WARRANTY TERMS.
8. LIMITED WARRANTY AND DISCLAIMERS
A. Limited Warranty
Wyze offers a limited warranty for certain Products in accordance with the terms of its published limited warranty and returns policy (the “Limited Warranty”) posted on our Return Policy and Limited Warranty Terms. All warranty claims are subject to the terms of this Limited Warranty.
B. Intended Use of Wyze Products and Services
Our Products and Services are intended to be accessed and used for non-critical, non-commercial, home-based, personal uses and not for safety, security or time-sensitive purposes. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Products and Services are subject to sporadic interruptions and failures for a variety of reasons, including those beyond Wyze’s control, such as wi-fi intermittency, service provider uptime, and mobile operators, among others. Wyze is not responsible for any damages incurred by the failure or delay of the Services or Products.
C. No Life Safety, Security or Critical Uses of the Products and Services
THE WYZE PRODUCTS AND SERVICES ARE NOT A MONITORED EMERGENCY NOTIFICATION SYSTEM AND UNDER NO CIRCUMSTANCES WILL WYZE DISPATCH EMERGENCY SERVICES TO YOU IN THE EVENT OF AN EMERGENCY. Services are provided for informational purposes only; the Products and Services, whether standing alone or when interfaced with third party products and services, are not certified for emergency response, unless expressly approved and certified by Wyze. Further, it is your responsibility to determine the appropriate response to all information you receive from the Services. All life threatening, safety and emergency events should be directed to the appropriate response services.
We make no warranty or representation that use of any Products or Services will affect or increase your level of safety.
D. Service Interruptions and Failures; No Refund, Credits or Rebate
The Services may be suspended temporarily, without notice, for security reasons, systems failure, maintenance and repair, or other circumstances. You will not be entitled to any refund, credits or rebate, or any other compensation, for such suspensions. Wyze does not offer any specific uptime guarantee for the Services.
E. Customer Support
If you have any questions or concerns regarding the Products, the Services or the Terms, 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.
F. Disclaimer of Warranties
Your use of our Products and Services is at your sole risk. Except as otherwise provided in a writing by us, our Products and Services and any content therein, including User Content, 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 that our Services are accurate, complete, reliable, current or error-free. While Wyze attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
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.
To the fullest extent permitted by applicable law, you release Wyze, its subsidiaries and affiliates, and each of our respective licensors, officers, directors, agents, partners and employees, from responsibility, losses, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence, personal injury or loss of life), arising out of or related to (i) your use of the Products and Services, (ii) disputes between users and (iii) the acts or omissions of third parties, including as they may relate to Third-Party Materials or Third Party Content. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
9. INDEMNITY FOR THIRD-PARTY ACTIONS
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Wyze, our affiliates and each of our respective officers, directors, employees, agents, licensors and suppliers (individually and collectively, the “Wyze Parties”) from and against any and all losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to: (i) your access to or use of the Products or Services; (ii) your User Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (v) your conduct in connection with the Products or Services. Nothing contained herein will be construed to require any indemnification which would render or make this clause, in whole or in part, void and/or unenforceable under applicable law. However, your indemnification obligation will not apply to any willful, wanton, intentional or reckless misconduct of the Wyze Parties, or gross negligence of the Wyze Parties in those states that do not permit indemnification for gross negligence. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Wyze or the other Wyze Parties.
You will promptly notify Wyze Parties of any third-party Claims, cooperate with Wyze Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). Wyze reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Wyze, and you will cooperate with our defense of such third-party Claims. You will not to settle any third-party Claim without Wyze’s prior written consent. Wyze will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. MODIFICATION or Termination OF SERVICES
Wyze reserves the right, in its sole discretion, at any time to modify, augment, limit, suspend, discontinue or terminate any aspect of the Products and Services without advance notice. All modifications and additions to the Products and Services will be governed by the Terms or Supplemental Terms, unless otherwise expressly stated by Wyze in writing. Wyze will not be liable to you or to any third-party for any modification, suspension or discontinuance of the Products and Services or any part thereof.
11. 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.
12. DISPUTE RESOLUTION AND ARBITRATION/WAIVER OF CLASS ACTION AND JURY TRIAL
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH WYZE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.
ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES IS PERSONAL TO YOU AND WYZE AND THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ACTION, AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.
Arbitration of Disputes. Except for small claims disputes in which you or Wyze seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Wyze seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Wyze waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Products or Services resolved in court. Instead, for any dispute or claim that you have against Wyze or relating in any way to the Products or Services, you will first contact Wyze and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Wyze by certified mail addressed to Wyze Legal Department, 3933 Lake Washington Boulevard NE Suite 350, Kirkland, WA 98033, USA. The Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the claim; and (iii) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Wyze cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in King County, Washington, unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). For purposes of this section, you will be deemed a “consumer” if you use the Products or Services for your personal, family or household purposes. The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You will either read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
These Terms affect interstate commerce and that the enforceability of this Section 12 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, Wyze, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
For any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Wyze will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Wyze will pay all JAMS fees and costs. The state or federal courts of the State of Washington and the United States sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Products or Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Wyze will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by certified mail addressed to Wyze Legal Department, 3933 Lake Washington Boulevard NE Suite 350, Kirkland, WA 98033, USA. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 13.
If any portion of this Section is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.
13. Governing law and venue
Any dispute arising from these Terms and your use of the Products or Services will be governed by and construed and enforced in accordance with the laws of the State of Washington, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any dispute between the parties is not subject to arbitration or cannot be heard in small claims court, then the state and federal courts located in King County, Washington, will have exclusive jurisdiction. You waive any objection to venue in any such courts.
A. Severability; Waiver
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure or delay of Wyze to exercise or enforce any right, remedy or provision of the Terms will not constitute a waiver of such right, remedy or provision. All waivers of any terms or conditions in these Terms must be in writing signed by the waiving party.
Wyze may provide notices to you with respect to these Terms, the Products or Services, or as required by law, by posting such notices on the Site and/or through the Wyze App and/or by sending them to you via email to the primary email address associated with your Account (if any) and/or to the mobile number or messaging address (if any) you provided to us in connection with your Account. Any such notices will be deemed properly and timely given to you hereunder. Wyze is not responsible for any automatic filtering that you or your network provider may apply to email or mobile notifications. Wyze recommends adding @wyze.com email addresses to your email address book to help ensure that you receive email notifications from Wyze. You consent to the use of: (i) electronic means to provide you with any notices given pursuant to these Terms; and (ii) electronic records to store information related to these Terms or your use of the Products or Services.
Please see https://wyze.com/contact for Wyze’s current address. If you are a resident of California, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them, in writing, at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, USA, or by telephone at (800) 952-5210.