TERMS OF SERVICE
These Terms of Service (these “Terms”) govern your access to and use of Services provided by Anviz Global Inc d / b / a “Anviz” and / or “Secu 365” and their subsidiaries and affiliates and, collectively, (“Anviz / Secu 365 ”). As used herein, “Services” means (a) the website (s) located at or via www.Anviz.com or www.secu365.com (the “Site (s)”), (b) cloud services accessible through the Site , Anviz / Secu 365 mobile applications (“App (s)”), and Anviz / Secu 365 / Ultraloq wifi- and / or Bluetooth lock or other Anviz / Secu 365 product (“Product (s)”), and (c) use and / or access of the Product, Site, and / or App (s) via your Device (s).
THESE TERMS ARE A BINDING LEGAL CONTRACT. BY ACCEPTING THESE TERMS THROUGH THE SITE OR APP, SETTING UP A USER ACCOUNT, AND / OR BY ACCESSING AND USING THE SERVICES (INCLUDING THE SITE (S) AND / OR APP (S)), YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT , POWER, AND AUTHORITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF AND / OR THE ENTITY THAT YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE TO USE OR ACCESS THE SERVICES AND PRODUCTS AND TO ENTER INTO THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ACCESSING OR USING THE SERVICES.
1. ADDITIONAL TERMS AND POLICIES;
These Terms govern your use of the Services. Your purchase of a Product is governed by the limited warranty provided with that Product (“Limited Warranty”) and by the applicable terms and conditions of sale. The software embedded in a Product or installed on your mobile device.
(“Device”) (and any updates thereto) (“Software”) is licensed and governed by the Anviz / Secu 365 End User License Agreement available at www.anviz.com or www.secu365.com. Certain features of the Services.
Anviz / Secu 365 may update these Terms at any time by posting the new version of the Terms on the Site, or in the Apps. You should ensure that you have read and agree with the most recent Terms when you use the Services and Products. By continuing to use the Services after updates.
become effective, you agree to be bound by the updated Terms. IF YOU DO NOT AGREE WITH ANY OF THE CHANGES TO ANY OF THE TERMS, YOU MUST STOP USING THE SERVICES. Anviz / Secu 365 employees are not authorized to vary these Terms. These Terms may be modified only (a) by obtaining Anviz / Secu 365’s written consent in an agreement signed by a duly-authorized officer of Anviz / Secu 365; or (b) as set forth in this paragraph.
2. USE OF SERVICES.
Subject to these Terms, you may access and use the Services in connection with, and solely for the purpose of, controlling and monitoring the Product installed on your property, or that you have been validly authorized to access, or to otherwise access a Service provided by Anviz / Secu 365 for your personal, non-commercial use. You agree to comply with all instructions, usage rules and documentation Anviz / Secu 365 provides from time to time with respect to the Services.
Anviz / Secu 365 reserves the right, at any time, to modify, suspend or discontinue the Services or any part thereof with or without notice. You agree that Anviz / Secu 365 will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any part there of. Anviz / Secu 365 may also change or remove at any time any features currently offered as part of the Services, or the Services themselves.
3. USER ACCOUNTS.
You are required to create a user account (“Account”) and provide certain information about.
yourself to access certain Services. You represent and warrant that all information you provide to Anviz / Secu 365 is accurate and complete, and you agree to update your Account information as necessary, including your correct email address, so that Anviz / Secu 365 may send you notifications and other account- related communications. You are solely responsible for maintaining the accuracy and confidentiality of your Account login information, and for all activities that occur under your Account, whether or not authorized by you. You agree to use strong and non-obvious passwords (e.g. that contain a combination of upper and lower case letters, numbers and symbols), with your Account and to maintain the confidentiality of your Account password. Anviz / Secu 365 also recommends that you utilize appropriate security protocols on any Device (s) used to access the Services. You must notify Anviz / Secu 365 immediately of any unauthorized use of your Account, login information or password, and you should immediately change your password to prevent further unauthorized use.
4. PRODUCT REGISTRATION AND AUTHORIZED USERS.
In order to use Services to operate a Product, the Product owner (“Owner”) must register the Product with the Owner’s Account. An Owner has authorizing third parties (each, an “Authorized User”) to access the Owner’s Products and associated Services.
Authorized Users should be aware that the Owner and any Administrator of the Product may see information about their use of and access to the Product and Services, and may revoke or limit access rights in their discretion, without notice. If you have received an invitation to become an Authorized User and do not want to access the Product or Services, you must decline the invitation and must not use the Services.
These Terms apply to all use of the Services by Authorized Users. The Owner shall be fullyresponsible for managing access levels, settings, and permissions granted to Authorized Users, as well as all actions taken by Authorized Users and unauthorized users relating to the Owner’s Products, Services and property, as well as the Site. The Owner shall indemnify and hold harmless Anviz / Secu 365 from any and all costs, damages, losses or expenses incurred in respect of such Authorized Users. If you are an Owner, you should only authorize those individuals whom you trust to access your Product (s) and the Services. If you transfer ownership of your Product to a new Owner, please note that your Account is not transferable, and the new Owner will have to register for a separate account in order to use the Services.
5. SERVICE RESTRICTIONS.
You agree not to: (a) use the Services for any illegal purpose or in violation of any local, state, provincial, federal, national, or international laws; (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights; (c) transmit content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act; (d) intimidate or harass another through the Services; (e) impersonate another person or entity, misrepresent your affiliation with a person or entity, or attempt to use another’s Account or personal information without authorization when using the Services; (f) use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation; (g) use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party's use and enjoyment of the Services, including by uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server; (h) resell, rent, lease, transfer, assign, distribute, host or otherwise make commercial use of the Services; (i) modify, make derivative works of, disassemble, reverse-compile or reverseengineer any part of the Services; (j) access the Services in order to build a similar or competitive service or product; (k) access (or attempt to access) any of the Services by means other than through the interface that is provided by Anviz / Secu 365, or (l) attempt to, or encourage or enable any other individual to, do any of the foregoing.
6. INTELLECTUAL PROPERTY.
The materials and intellectual property incorporated in the Services, including without limitation any and all text, software, scripts, graphics, photos, sounds, music, videos, interactive features and
the like, and the trademarks, service marks and logos contained therein (“Content), are owned by Anviz / Secu 365, licensed to Anviz / Secu 365, or used with permission subject to copyright and other intellectual property rights. Content does not include information provided by you. The availability of the Services should not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content, through the use of framing or otherwise, without Anviz / Secu 365's prior written permission or that of such third party that may own the Content. Any use of third-party trademarks in the Services are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on Anviz / Secu 365’s part should be inferred from such use.
Anviz / Secu 365 welcomes your reviews, feedback, and other communications, through various forms of media including but not limited to through the Site, so long as such communications comply with these Terms. You grant Anviz / Secu 365 a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license in perpetuity to use, copy, publicly perform, digitally perform, publicly display, translate, and distribute reviews, feedback and other communications you provide, submit or post to public areas of the Site (s ) (such as forums and review sections) (“Feedback”) and to prepare derivative works based on, or incorporate into other works, such Feedback, with or without attribution. You understand that your Feedback may be visible to, sent to, and viewed by others, and you expressly waive any privacy rights you may otherwise have to such Feedback. You are solely responsible for your Feedback and for the resolution of any disputes that arise because of your Feedback. You shall defend, indemnify, and hold Anviz / Secu 365 harmless from all such disputes. Anviz / Secu 365 reserves the right to review, edit and / or delete any Feedback for any or no reason, in its sole discretion. Likewise, Anviz / Secu 365 does not undertake to delete and / or edit any Feedback, except as required by law or as otherwise outlined herein.
7. COPYRIGHT COMPLAINTS.
It is Anviz / Secu 365’s policy to respond to notices of alleged infringement on the Site in cases where the Digital Millennium Copyright Act (“DMCA”) applies. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement under United States copyright law, you must submit a notification to Anviz / Secu 365’s Copyright Agent (listed below).
Your notification must include:
• Your physical or electronic signature;
• A description of the copyrighted work (s) that you claim has been infringed;
• A description of the location on the Site of the material that you claim to be infringing;
• Your name, address, telephone number, and email address;
• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are authorized to act on behalf of the copyright owner.
Anviz / Secu 365’s Copyright Agent can be reached as follows:
please contact at email@example.com or by mail to:
Anviz Global Inc.
41656 Christy Street
Fremont, CA 94538
8. TERMINATION; SUSPENSION.
These Terms remain in effect as long as you and / or any Authorized User (s) and / or any unauthorized user (s) of your Device (s) continue to access or use the Services, or until terminated as provided in these Terms. To the fullest extent permitted by applicable law, Anviz / Secu 365 reserves the right to suspend or terminate your access to or use of the Services at any time, with or without cause, and with or without notice. For example, Anviz / Secu 365 may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that may cause.
Anviz / Secu 365 legal liability or disrupt others’ use of the Services. Upon termination, your Account and right to use the Services will automatically terminate.
You agree to indemnify, defend (using counsel reasonably acceptable to Anviz / Secu 365) and hold harmless Anviz / Secu 365, including its agents, affiliated companies, employees, contractors, directors, officers, licensors and suppliers (collectively, the “Anviz / Secu 365 Parties ”), from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys 'fees) occurring from or related to your or your Authorized Users' (a) use or misuse of the Products, Software, Site or Services, including without limitation your negligence or willful misconduct, (b) violation of these Terms, or (c) violations of law or any rights of a third party, or any allegation thereof. Anviz / Secu 365 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses. You shall not settle any such claim without Anviz / Secu 365’s prior written consent.
10. WARRANTY DISCLAIMERS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES. A PORTION OR ALL OF THE FOLLOWING DISCLAIMERS MAY THEREFORE NOT APPLY TO YOU.
THE Anviz / Secu 365 PARTIES (a) HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU OR OTHER USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (c) DO NOT REPRESENT OR WARRANT THAT THE SOFTWARE IS SECURE FROM HACKING, VIRUSES OR OTHER UNAUTHORIZED INTRUSION OR THAT YOUR DATA WILL REMAIN PRIVATE OR SECURE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Anviz / Secu 365 OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY. Anviz / Secu 365 DOES NOT WARRANT THE ACCURACY, INTEGRITY, LEGALITY OR COMPLETENESS OF THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING ANY CONTENT RELATING TO PRODUCTS OR SERVICES OFFERED FOR SALE BY Anviz / Secu AGREE TO ACCESS , VIEWING OF, BROWSING, VISITING OR USE OF THE SITE AND / OR THE APP IS AT YOUR SOLE RISK. Anviz / Secu 365 DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE PRODUCTS OR SERVICES (INCLUDING, BUT NOT LIMITED TO, “THIRD PARTY SERVICES” CONNECTED THROUGH THE Anviz / Secu 365 SERVICES) OR ANY HYPERLINKED WEBSITE OR SERVICE, AND Anviz / Secu 365 WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN ANY THIRD-PARTY.
11. LIMITATIONS OF LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. A PORTION OR ALL OF THE FOLLOWING LIMITATIONS MAY THEREFORE NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE Anviz / Secu 365 PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EMPLARY, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OROMING RICE , INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST DATA OR LOST PROFITS, PRIVACY, INFORMATION SECURITY, YOUR RELIANCE ON THE SERVICES OR ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT RESULTFROM MISTAKES, OMISSIONS, EASY OFES MAILIONS ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. IF THE Anviz / Secu 365 PARTIES SHOULD NEVERTHELESS BE FOUND LIABLE, WHETHER DIRECTLY OR INDIRECTLY, FOR ANY LOSS, DAMAGE OR INJURY ARISING UNDER THESE TERMS OR OTHERWISE, THEIR TOTAL MAXIMUM LIABILITY IS LIMITED TO USDEDCLEDET BEAUTE OF RED WILLED THE Anviz / Secu 365 PARTIES. IN THE EVENT THE CLASS ACTION WAIVER PROVIDED UNDER SECTION 12 IS DETERMINED TO BE INVALID OR UNENFORCEABLE BY A COURT, ARBITRATOR, OR OTHER TRIBUNAL OF COMPETENT JURISDICTION, THEN Anviz / Secu 365’S MAXIMUM LIABILITY SHALL BE R $. THE LIABILITIES LIMITED BY THIS SECTION APPLY: (a) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, EXTRA-CONTRACTUAL LIABILITY, STRICT PRODUCT LIABILITY, OR OTHERWISE; (b) EVEN IF Anviz / Secu 365 IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (c) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
12. CLASS ACTION WAIVER.
To the fullest extent permitted by applicable law, both you and your affiliates, successors and assigns, including without limitation, Authorized Users, on the one hand, and Anviz / Secu 365, on the other hand, agree that any claims or controversies between us must be brought against each other on an individual basis only, and not as a plaintiff or class member in a class action, consolidated action or representative action. The arbitrator may not consolidate more than one person's claims into a single case, and may not otherwise preside over any form of a consolidated, class or representative proceeding or claims unless both you and Anviz / Secu 365 specifically agree to do so following initiation of the arbitration. The arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, and not other Anviz / Secu 365 end users, and cannot be used to decide disputes with other Anviz / Secu 365 end users.
These Terms, together with all other documents or terms incorporated by reference herein, constitute the entire agreement between you and Anviz / Secu 365 regarding the use of the Services.
Any failure by Anviz / Secu 365 to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the fullest extent permitted applicable by law. Neither party is an agent or partner of the other party.
These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Anviz / Secu 365’s prior written consent. These Terms may be assigned by Anviz / Secu 365 without restriction. These Terms are binding upon any permitted assignee.The parties have expressly requested that these Terms and related documents be drafted in English.