Terms and Conditions
1. INTRODUCTION
1.1. Welcome to Retinasoft Security. At its core, Retinasoft is a service that allows You to access, manage, communicate with, receive information from, control, and coordinate among multiple, compatible "smart" devices.
1.2. You and Us. In these Terms and Conditions of Service, "Retinasoft Security", "us", "we", and "our." "You," "You," and "Your" refer to you, the person accepting these terms and conditions, the person creating a user account, and anyone using or benefiting from your access to the Retinasoft Security Service, including "People" (Secondary Account Users or with access to some of your account; see Section 2.4 for details), or people in your home or property where you use devices with Retinasoft.
1.3. These Terms are Important. Please read these Terms and Conditions of Service ("these Terms") carefully. These Terms make up the legal basis on which Retinasoft's Home Centers, LLC and others provide the Retinasoft Service to You, and which You accept. These Terms set forth specific legal rights and obligations between You, us, and at times, others, and contain important limitations, exclusions, and disclaimers. The Terms do not apply to the extent prohibited under applicable law. In addition, some jurisdictions may not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other legal rights, so certain portions of these Terms may not apply to You.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND US RELATING TO RETINASOFT. BY ACCEPTING THESE TERMS IN ANY WAY, INCLUDING BY USING RETINASOFT, YOU ARE AGREEING TO THESE TERMS ON BEHALF OF YOU, AND IN SOME CASES, OTHERS, IN CONNECTION WITH USING RETINASOFT, INCLUDING WITH OTHER PRODUCTS OR SERVICES YOU MAY HAVE PURCHASED OR OBTAINED FROM US OR OTHERS. THIS AGREEMENT CONTAINS CERTAIN PROVISIONS, LIMITATIONS, EXCLUSIONS, PROMISES MADE BY YOU, AND NOTICES THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO, GIVING UP YOUR RIGHT TO GO TO COURT TO HAVE A JUDGE OR JURY HEAR A DISPUTE YOU HAVE WITH US (SEE SECTION 18, ARBITRATION), DISCLAIMING ALL WARRANTIES (PROVIDING RETINASOFT TO YOU ON AN "AS-IS" BASIS), LIMITING OUR LIABILITY TO YOU, YOUR UNDERSTANDING THAT RETINASOFT IS NOT A CERTIFIED EMERGENCY RESPONSE OR MEDICAL MONITORING SERVICE, AND YOUR CONSENT TO OUR RECURRING BILLING TO AND COLLECTION FROM YOUR PAYMENT METHOD FOR SERVICES YOU SELECT AT SIGN-UP (OR LATER) OR UPON EXPIRATION OF A PROMOTIONAL TRIAL.
1.4 Relation to Other Documents, Agreements, or Rights. The Retinasoft controller may be purchased from us or other retailers. In addition, we and others may make or sell devices (products) that work with Retinasoft, including those that are designed specifically or tested to ensure compatibility with Retinasoft, or which are not designed or tested to work with Retinasoft but which you nonetheless choose to use or attempt to use with Retinasoft (for more on devices/products see Section 7). You should look to the particular return policies, warranties, sales’ policies, instructions, and terms and conditions for the particular retailer or seller from whom you purchased any such products (including us if we were the retailer or seller), as well as for the manufacturer(s) that are applicable to such products. In addition, your use, purchase, or ownership of any site, web or mobile application, other user interface, or sales channel or marketplace to obtain the same (such as an "App store") may also be subject to additional terms and conditions, requirements, or warranties.
1.5. Acceptance. By clicking the virtual button, icon, or link marked with or proximately located next to "I agree" and referencing these Terms or by using the Retinasoft Service, You are indicating Your agreement to be legally bound by these Terms on behalf of yourself and those indicated in Section 1.2 as "You" (to the extent applicable) and you further represent and warrant you have the authority to bind yourself and those others to these Terms.
1.6. Changes to Terms. We reserve the right to change these Terms at any time by updating the relevant page on our website, www.retinasoftsecurity.com, without providing additional notice to You or obtaining Your consent beyond Your continued use of the Retinasoft Service or Retinasoft account, You understand and agree that we will treat Your continued use of the Retinasoft Service or maintenance of an Retinasoft account as Your acceptance of the then-current Terms, so please check our website from time to time to review them.
1.7 Customer Service. If You have questions about Retinasoft, Retinasoft products, or these Terms, please feel free to contact Us at: support@retinasoftsecurity.com.
2. ACCESSING THE RETINASOFT SECURITY SERVICE
2.1 System Requirements. To use the Retinasoft Security Service with smart devices You will need (i) the desired, appropriate products You wish to work with Retinasoft (see Section 7 for more on products), (ii) a wired Ethernet connection to an "always on" and always working broadband Internet connection or a properly functioning Retinasoft compatible, cellular service (see Section 5.6 for more information on cellular service with Retinasoft), and (iii) access to supported user interface(s) to install, configure, and use the Retinasoft Service (including updating Your billing subscription), to create Your Retinasoft User Account, and control, manage, and communicate with Retinasoft and Your devices. The devices you use to access user interfaces (such as your mobile phone, tablet, laptop, or other device) will need appropriate memory or storage space, and compatible and supported software and features. Smart devices may also require the use of an Retinasoft controller or a device which contains an Retinasoft compatible controller. You understand and agree that we choose and may change or modify which of these devices, programs, software, and features we support with Retinasoft in our sole discretion.
Important System Requirements Tips: In practice this means that You will likely need a spare ethernet port on Your broadband router for Your Retinasoft controller to use Retinasoft with smart devices - if You don`t have one then You will need to buy a small ethernet controller or switch which will give You some additional ports. If you do not use Retinasoft compatible cellular service, then You must leave Your broadband router powered at all times, have a working broadband Internet connection, and appropriate, functioning power sources to all the necessary devices for the Retinasoft Service to operate. You must have a smart phone or other app enabled devices for the supported operating systems listed on www.RetinasoftSecurity.com to access the Retinasoft Service.
2.2 Registration and User Account. You will need to register for the Retinasoft Service and create a User Account. By agreeing to these Terms, You represent to us that You are legally allowed to enter into a binding contract with us, are over the age of 18 years or older, and understand Your ability to use and access the Retinasoft Service are conditioned on Your compliance with these Terms. Further, You represent and warrant that all information You provide us, including for Retinasoft registration and User Account creation, is truthful and accurate and that You will update such information when it changes so as to remain truthful and accurate.
2.3 Passwords and User Account Access. You understand and agree that You are responsible for maintaining the confidentiality of Your User Account login information and for all activities that occur under Your User Account. You agree to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with Your User Account, and to maintain Your password securely to prevent unauthorized users from gaining access without Your permission to both your Retinasoft account and your router and Wi-Fi network that you connect to the Retinasoft controller. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of Your User Account or any other breach of security. We are not liable for any loss or damage arising from Your failure to comply with these requirements. For more about security, see Section 8.2.
2.4 Your "People" - Secondary Account Users and Limited Access Options. We may provide You the option to request other individuals to have certain access to your account or to Retinasoft through your account ("Secondary User"). The person registering for the User Account (see Section 2.2) is the "Primary User." The options we provide in terms of different types of access to the Primary User's account, devices, Retinasoft Service, and related information are within our discretion, and it is both the Primary User and Secondary User's obligation to review, understand, and agree to the access levels being granted and accepted. We will make information available to You on the different access options we offer, which may include access and administrative rights to the entire Primary User's User Account (except for billing, payment, and credit information and the Primary User's password or security information, such as security question answers), Retinasoft Service, and devices and related data and information, or lesser options. In inviting Secondary Users, the Primary User acknowledges and agrees that the actions or omissions of the Secondary Users remain the responsibility of the Primary User to us and third parties, including any failure by the Secondary User to abide by these Terms. The Secondary User acknowledges and agrees that these Terms apply equally to them (except for those relating to billing, payment, credit, and credit card information), as though they are the Primary User, and agree to abide by these Terms in their use or access to Retinasoft.
2.5 PIN Access – Additional Limited Access Option. We may also provide you the option to obtain a PIN that you can provide to another person (a "PIN User"), where this PIN will allow the PIN User, and anyone else who receives the PIN, to have access to certain portions of your Retinasoft Service, devices, or features – such as the ability to unlock a smart-device door lock using the PIN to enter your home. You acknowledge and agree that we are not responsible for actions or inactions taken by anyone you provide access, or your choices on what restrictions or access you provide to Retinasoft, Your devices, or features.
2.6 Contacts for Notifications. We may provide you the ability to have your Retinasoft notifications sent to people in addition to You or other than You in various ways. When choosing these options, You agree you are providing us with the authority to send these contacts certain information about Your Retinasoft Service, devices, and account as warranted by the options You choose and how You manage them (such as which device's alarm events notify a particular contact). You also agree we are not responsible to You for the failure of the contact to receive a notification due to circumstances that are not within our direct control or which we would not be responsible to You if You were the contact set to receive the notification (such as the contact's use of an unsupported device, data restrictions on the contact's device, or turning off the ability to receive certain types of notifications, such as push notifications or text messages) or for your contact's actions or failure to act in response to a notification. For more on notifications and terms regarding them, see Section 5.
3. USING THE RETINASOFT SERVICE; END USER LICENSE AGREEMENT; INTELLECTUAL PROPERTY
3.1 Conditional, Limited Permission to Use the Retinasoft Service. Subject to these Terms and Your acceptance and continued compliance with them, we grant You a terminable, non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Retinasoft Service (including any features, functionality, services, User Accounts, software, whether embedded in Your Retinasoft controller or located on our servers, applications, user interfaces, our technology platform, and any of their components) for Your personal use in a lawful manner that is also otherwise consistent with these Terms, in connection with, and solely for the purpose of, controlling and monitoring the products owned by You or authorized by the owner for You to use, where such products are installed and used on Your property or asset or with the permission of the property or asset owner, and to use the services offered by us that do not require smart devices for your personal, non-commercial use otherwise consistent with these Terms.
3.2 Our Intellectual Property: You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in or relating to the Retinasoft Service or any component or part of the Retinasoft Service (including but not limited to any websites, web applications, mobile applications, other user interfaces, technology platform, the Retinasoft controller, and any software in any of the foregoing) are owned by us or our licensors. Your possession, access, and use of the Retinasoft Service, and Your possession, access, use, ownership of or other rights relating to any product, including any products compatible with Retinasoft whether supplied or sold by us or others, does not grant or transfer to You any additional rights to the Retinasoft Service, any component or part of the Retinasoft Service, or any patent, trademark, copyright, trade secret or other intellectual property right except as expressly set forth in these Terms. In addition, we exclusively own, and grant You no rights in, any intellectual property rights, including any patentable ideas or expressions, trade secrets, or innovations, derived in whole or in part from data associated with Retinasoft or from any devices connected to Retinasoft or from the use of our customer base's use (including Your use) of Retinasoft or any devices connected to Retinasoft.
3.3 Additional Restrictions on Using the Retinasoft Service. The rights granted to You in these Terms are subject to the following restrictions: (i) Your use of the Retinasoft Service does not violate any laws, ordinances, or regulations (including U.S., state, county, or municipal laws, ordinances, or regulations), for Your location, the location of where You use Your devices and Retinasoft controller, or applicable to You or Your use of the Retinasoft Service; (ii) You agree to the terms for Your service level or levels in effect during your use of Retinasoft, including any usage restrictions or limitations we may impose upon You or Your User Account; (iii) You agree not to sell, lease, license, rent, distribute, transfer, assign, host, or otherwise commercially exploit the Retinasoft Service or any portion of it or offer to do any of the foregoing to or for others; (iv) You agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Retinasoft Service or access the Retinasoft Service in order to build a similar or competitive service, offering, or one or more components of a such a service or offering; (v) You agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter the Retinasoft Service, any computer network, computer, handheld mobile device, data, product, or any other system, device or property; (vi) You agree not to interfere with, disrupt, or attempt to gain unauthorized access to the servers, networks, or technology platforms connected to the Retinasoft Service or violate the regulations, policies, or procedures of such networks; (vii) You agree not to access (or attempt to access) the Retinasoft Service by means other than through the interfaces that are provided for You by us; and (viii) You agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Retinasoft Service.
3.4 Promises You Make About Your Use (Code of Conduct). You warrant, represent and agree that You will not contribute any User Submissions (as defined in Section 4.1) or otherwise use the Retinasoft Service in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation applicable to You, where You live, where You use Retinasoft, or where You maintain or use Your devices; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any of our employees or representatives; (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; (vi) jeopardizes the security of Your User Account or anyone else's User Account; (vii) attempts, in any fraudulent or deceptive manner as determined by us, to obtain the password, account, or other security information from any other user; (viii) violates the security of any computer network, or "hacks" or "cracks" any passwords or security encryption codes; (ix) runs Maillist, Listserv, or any form of auto-responder or "spam" on the Retinasoft Service or any portion of it, or any processes that otherwise interfere with the proper working of the Retinasoft Service (including by placing an unreasonable load on the Retinasoft Service's infrastructure); (x) copies or stores any significant portion of the Content (see Section 4.1); or (xi) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Retinasoft Service.
3.5 Usage Limitations and Additional Costs from Carriers. You agree we may impose other, reasonable restrictions on Your use of Retinasoft, including limiting the number of notifications (emails, texts, alarm events, push notifications, or other communications) You or your contacts receive from Retinasoft or Your devices, and particularly any usage by You that we believe in good faith degrades or jeopardizes the Retinasoft Service performance or increases our costs of the providing the Retinasoft Service to You beyond what we have reasonably anticipated in providing Retinasoft to a member of our user base (including the amount of data consumed with an Retinasoft Compatible cellular modem). In addition, we restrict messaging, calls, alarm events, and system notifications to any phone numbers or addresses that would levy any form of incremental cost to us for messaging and accept no responsibility for message delivery or costs to You when You are deemed by Your carrier to be roaming nationally or overseas.
3.6 Upgrades and Modifications. We may need to access Your controller, devices, or User Account or make changes to all or portions of the Retinasoft Service (including user interfaces), or to issue upgrades, bug fixes, patches, or other modifications to maintain or improve the Retinasoft Service (all of these are called "Upgrades"). You grant us permission to access Your controller, devices, and User Accounts to accomplish Upgrades and understand we may access and make changes to the Retinasoft Service to accomplish them, in our discretion. You agree we may make Upgrades with our without advance notice to You or additional consent from You. Upgrades may temporarily interfere with Your Retinasoft Service, or temporarily or permanently change the features, functionality, benefits, or uses of the Retinasoft Service and You agree those will be done at our discretion. If You do not want the Upgrades, then You agree that Your sole remedy is to terminate Your use of the Retinasoft Service altogether as You accept the risk that prior versions of the Service may not be supported (see Sections 9.3 and 9.4 about cancellation). You understand and agree that Your continued use of the Retinasoft Service after any Upgrade(s) indicates Your acceptance of such Upgrades.
3.7 Restrictions Outside the United States. In addition, you may not use the Retinasoft Service with an Retinasoft controller or any devices which are located outside the United States, or with or on an asset or property outside the United States. However, you may access, control, and manage your Retinasoft Service outside of the United States for an Retinasoft controller and any devices located on an asset or property within the United States. Note your access to Retinasoft while outside of the United States may incur additional charges from third party providers (such as your cellular service carrier for your mobile phone you may be using to access Retinasoft) or be limited, disrupted, or prevented due to third-party equipment or service limitations.
4. RETINASOFT CONTENT AND USER/THIRD-PARTY SUBMISSIONS
4.1 About Content; User Submissions; Third Party Submissions. We may display certain information and materials, including, but not limited to text, graphics, articles, photographs, video, images, and illustrations as part of or in providing the Retinasoft Services to You or Your use of Retinasoft or smart devices. All information and such materials are called "Content" in these Terms. In addition, You may provide, post, upload, email, transmit, disseminate, or submit feedback, comments, questions, ideas, other information, or materials (including but not limited to text, graphics, articles, photographs, video images, illustrations, or other data). All of these items are collectively called "User Submissions" in these Terms. Also, people other than us or You may provide, post, upload, email, transmit, disseminate, or submit feedback, comments, questions, other information or materials (including but not limited to text, graphics, articles, photographs, video images, and illustrations). All of these items are called "Third Party Submissions" in these Terms.
4.2 Content. You agree that we own all Content and that You have no rights to the Content except to use the Service in compliance with these Terms. You further agree that You have and will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Retinasoft Service, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or Third Party Submissions or other proprietary rights not owned by You: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party’s rights.
4.3 User Submissions and Ideas. You are solely responsible for all User Submissions; You represent and warrant that You have all rights necessary to them for Your use and our use in accordance with these Terms; and You license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Submissions for publication on and use with or in connection to the Retinasoft Service or our business. Also, Retinasoft appreciates hearing from You, as well as our other users, and welcomes Your comments regarding the Retinasoft Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value Your feedback on Retinasoft, please be specific in Your comments regarding our services and do not submit creative ideas, suggestions or materials unless you agree with the terms of this Section 4.3. If, despite our request, You send us creative suggestions, ideas, drawings, concepts or other information (collectively, the "Submissions"), such Submissions will be entirely be the property of Retinasoft's, including the rights to modify, publish, create derivative works from, redistribute, copy, and use them as we determine in our sole discretion, and you forfeit any intellectual property or other rights in the Submissions. In addition, none of the Submissions will be subject to any obligations of confidentiality and Retinasoft's will not be liable for any future use or disclosure of such Submissions.
4.4 Third-Party Submissions. You understand and agree that the third party or third parties’ who create, upload, post, submit, transmit, publish, communicate, or otherwise disseminate the Third Party Submission(s) are solely responsible for Third Party Submissions, and not us. You agree not to hold us nor seek to hold us accountable or liable for such Third Party Submissions or any damages, liability, harm, or losses that occur in whole or in part due to Third Party Submissions and You understand and agree that we make no representation or warranties regarding Third Party Submissions unless expressly stated otherwise by us.
4.5 Removal. We reserve the right to remove any Content, User Submissions, and Third Party Submissions from the Retinasoft Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to any of these items or if we are concerned that You may have not abided by these Terms as they relate to any of these items), or for no reason at all.
4.6 Digital Millennium Copyright Act Notice; Copyright Agent; Reinstatement Process. If you believe any Content or Third-Party Submissions infringe Your copyrights, You may request removal of those materials, or access thereto, by submitting a notification pursuant to the Digital Millennium Copyright Act (the "DMCA") to our designated Copyright Agent (identified below), which sets forth the following information: (i) identification of the copyrighted work You believe to be infringed (please describe the work and, where possible, include a copy or the location, e.g., URL, of an authorized version of the work); (ii) identification of the material that You claim to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (iii) Your name, address, telephone number and, if available, e-mail address; (iv) a statement that You have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent or the law; (v) a statement that the information that You have supplied is accurate and indicating that "under penalty of perjury," You are the copyright owner or are authorized to act on the copyright owner's behalf; (vi) a physical or electronic signature of the copyright holder or authorized representative (all of this is a "DMCA notice"). The Copyright Agent designated by Retinasoft's to receive notifications of claimed infringement is: Retinasoft's IP Notices; c/o Mike Luken, Retinasoft Security LLP; 15301 Maple Dr,Urbandale, IA 50323; 319-936-1542; support@retinasoftsecurity.com. Only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the instructions above, Your DMCA notice may not be valid.
Reinstatement Process. If Your submitted materials were removed or the access thereof has been disabled and You believe that such materials are not infringing or that You have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your submitted materials, you may send a counter-notice containing the following information to Retinasoft's designated Copyright Agent: (i) Your original or electronic signature; (ii) identification of the materials that have been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) a statement that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the materials; (iv) Your name, address, telephone number and, if available, email address; (v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or if your address is located outside of the United States, for any judicial district in which Retinasoft's is located; and (vi) that You will accept service of process from the person who provided the original notification of infringement or an agent of such person. If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it within ten (10) business days. Unless Retinasoft's Copyright Agent receives notice from the person who submitted the DMCA Notice that the copyright owner has filed an action seeking a court order to restrain the relevant user from engaging in infringing activity relating to the materials submitted, we may replace or restore access to the relevant content in ten (10) to fourteen (14) business days after receipt of the counter-notice, at our sole discretion.
5. RETINASOFT AVAILABILITY AND UPTIMES, NOTIFICATIONS, SUSPENSION, TERM, AND TERMINATION
5.1 Retinasoft Service Availability; No Uptime Guarantee or Warranty; Temporary Suspensions. While we strive to maintain the Retinasoft Service in ways to avoid any interruptions, suspensions, or "down time," we do not offer any uptime guarantee or a warranty for the Retinasoft Service (See Section 15). In addition, the Retinasoft Service may be temporarily suspended without notice for security reasons, system failure, maintenance and repair, Upgrades, or circumstances beyond our reasonable control, and in keeping with Section 3. You agree that You will not be entitled to any credit, refund or rebate for such suspensions, modifications, limitations, or loss of service. In addition, we will not be responsible for, nor provide a credit or refund for, loss or interruption in Retinasoft Service or the benefits of the Retinasoft Service to You caused by third parties, including Your internet broadband service provider, cell phone service provider, or utility providers, including for any equipment they supply You or You use to access the Retinasoft user interfaces.
5.2 Importance of Notifications. Your desired uses of the Retinasoft Service may require You to send or receive notifications from us, the Retinasoft Service, and/or Your devices. Depending on choices You make and options made available to You by the Retinasoft Service, these notifications may include important email, push notifications, phone calls, videos, text messages, or other forms of communication we may use or develop, relating to alerts, system status and important account updates (not all communication types may be available to You).
5.3 Notification Reliability and Compatibility; Charges. Your ability to receive - and Your receipt of - notifications sent to You by the Retinasoft Service, us, or Your devices depends on Your various devices and service providers and options available to You provided by Retinasoft. Also, within Retinasoft, Your devices, or the devices which You use to interface with Retinasoft (such as Your mobile phone using an Retinasoft mobile application), You may have the ability to select whether, when, or how You receive such notifications. Given these factors, we cannot and do not provide any guarantees for Your ability to receive notifications sent to You or Your contacts or Secondary Users by the Retinasoft Service. You must test the Retinasoft Service to ensure compatibility and reliability of notifications and Your ability to receive them. See Your plan with Your carrier for any charges related to notifications, such as any emails consuming data usage. You should also check with Your operator and test Your system when travelling, particularly outside the United States, including for any additional charges that may apply or issues with use of Retinasoft.
Important Push Notifications Tip: In the current version of Retinasoft, push notifications to Your push-notification enabled device are the primary method of communication. As such, please ensure the device You use to receive Retinasoft notifications is a device capable of receiving push notifications and make sure the device's settings are set to allow push notifications.
5.4 Retinasoft is Not a Certified Emergency Response or Medical Monitoring Service; False Alarms. The Retinasoft Service is not a certified service for emergency response and may not be linked to any emergency service contact numbers, such as 911. It is Your responsibility to ensure that the appropriate notifications (including any alarm event messages) can be relayed to You and Your designated contacts and Secondary Users. It is also Your responsibility to determine the appropriate response to all events and You accept that, upon receiving a notification, You are entirely responsible for Your response and that of Your designated contacts and Secondary Users. Should such a response incur costs, You accept full liability for those costs.
IF YOU ATTEMPT TO USE RETINASOFT PRODUCTS AND SERVICES FOR MEDICAL EMERGENCY OR EMERGENCY RESPONSE NOTIFICATION, YOU ACCEPT THAT SUCH USE OF THE SERVICES, REGARDLESS OF ANY DELAY, INVOLVES UNCERTAINTY, RISK AND POSSIBLE SERIOUS INJURY, DISABILITY OR DEATH, FOR WHICH YOU WILL NOT ATTEMPT TO HOLD US RESPONSIBLE OR LIABLE.
You acknowledge that the Retinasoft Service and equipment may experience signal transmission failures or delays for any number of reasons. Your represent to us that Your designated contacts and Secondary Users are authorized to act on Your behalf. You acknowledge that the Retinasoft system employs a number of measures to help reduce occurrences of false alarms (including, without limitation, the implementation of default settings and various procedures to determine when and how to respond or issue notification, if at all, to certain events captured by one or more devices) and You accept our use of these measures. You acknowledge that the Retinasoft system has not been designed or programmed pursuant to any law, code or rule that may be applicable to Your particular premises or jurisdiction, including, but not limited to, any state or local codes, including any requiring permits for security systems, provisions of the National Fire Protection Association, or the International Residential Code (collectively "Codes"). Where Codes require permits, You acknowledge that it is Your sole responsibility to comply with the Codes and acquire any such permits.
5.5 Importance of Power Source/Retinasoft Controller Backup Limited Battery Backup for Retinasoft Controller. If power to the home is lost, the back-up battery will typically allow Your Retinasoft controller to continue to operate in the home for up to 1 hour, but the controller will not be able to send data to the platform and Your Retinasoft Service will not operate normally or may be inoperable unless You have a functioning cellular service option, or some means to otherwise maintain Your broadband connection.
Important Power Outage Related Tip: In the event You have set up Your preferences to send Your notifications to a working device (such as a "smart" phone with a data plan), in the event of a power outage You will receive a notification from us that our system indicates Your broadband has failed. This should highlight the problem and allow You to respond appropriately but we will not be able to identify the cause of the broadband failure.
5.6 Importance of Broadband. The Retinasoft controller system needs to operate over broadband Internet connection or cellular service to send and receive information from Your devices, including to use any notification, alarm event, or alert functions, so it is important that You have a reliable "always on" and always working broadband connection.
Important Broadband Outage Tip/Cellular Service Option: Where You feel there is risk of loss of primary communication from Your devices because of the risk of broadband failure or outages, we recommend that You use the cellular service option. In particular, where Your use of the Retinasoft Service may depend on notifications from Your devices or the Retinasoft Service, it is strongly recommended that You use an Retinasoft compatible cellular modem and subscribe to the Retinasoft Cellular Service to help ensure that notifications continue to function in the event of broadband failure. See Section 9.5 for more about the cellular backup option.
5.7 Third Party Utilities, Carriers, Internet Providers. Your ability to receive - and Your receipt of - notifications sent to You by the Retinasoft Service depends on Your various devices and service providers (and equipment they supply you to deliver their services). We cannot and do not provide any guarantees for the availability or security of these products and services (including any equipment not provided by us).
5.8 Term and Termination. These Terms will remain in effect so long as You continue to access or use the Retinasoft Service, or until terminated in accordance with the provisions of these Terms. You agree we may, in our sole discretion, suspend or terminate Your Retinasoft Services at any time for any reason, including if we believe or suspect in good faith that You have violated, or are alleged by a third party to have violated, any of these Terms.
5.9 Effect of Termination. Upon termination of these Terms, Your User Account, any rights you have given others to Your User account, and Your right to use the Retinasoft Service will automatically terminate. In addition, this will have the effect of "Cancellation" as set forth in Sections 9.3 and 9.4 including your liability for charges, fees, subscriptions, and payments until effective and no liability to us for, and no obligation to accept returns of, products or devices.
6. RETINASOFT SERVICES AND THIRD PARTY SERVICES
6.1 Additional Retinasoft Services. At times or in the future, we may offer You additional features, functionality, and services that are in addition to those provided by our Service Levels ("Additional Retinasoft Services"), and we may offer them to You for purchase, subscription, on a promotional basis, or in some cases, without charge at all or for a limited time. When we offer these Additional Retinasoft Services, we expressly indicate they come from us.
6.2 Third Party Services. At times or in the future, we may offer or facilitate the offering of additional features, functionality, and services that are in addition to those provided by us from third parties we have worked with to make those offers available to You and which can be obtained through Retinasoft, open new ways of using Retinasoft, or enhance Your Retinasoft experiences or connected devices ("Sponsored Third Party Services"). Also, other third parties, without our involvement, sponsorship, or approval, may offer additional features, functionality, or services that You choose to use with Retinasoft or devices connected to Retinasoft ("Non-Sponsored Third Party Services").
6.3 YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR THIRD-PARTY SERVICES, WHETHER SPONSORED THIRD PARTY SERVICES OR NON-SPONSORED THIRD PARTY SERVICES, AND THAT WE MAKE NO WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, AS TO THIRD-PARTY SERVICES AND YOU AGREE TO RELEASE US AND HOLD US HARMLESS OF AND FROM ANY LOSSES, DAMAGES, HARM, ACTIONS, OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE THIRD-PARTY SERVICES UNLESS OTHERWISE EXPRESSLY STATED BY US.
7. PRODUCTS: SMART DEVICES AND RETINASOFT
7.1 About Smart Device Standards and Retinasoft. Retinasoft may use various open or commonly available standards or means to work with smart, or connected, devices that are also used by other systems or services in relation to smart or connected devices and products, including Z-Wave, Zigbee HA, Wi-Fi, Bluetooth, alljoyn, and IP devices. However, not all smart or connected devices will work with Retinasoft, or may have limited features or functionality, even if designed to operate using these connection methods.
7.2 Retinasoft-Branded and Retinasoft Certified Products. Some smart or connected products are branded with our name and logo and are offered for sale by us and others ("Retinasoft Branded Products"), such as the Retinasoft Smart Controller and Retinasoft Smart Plug. These devices have been tested to work with Retinasoft to ensure compatibility and availability of features and functionality. In addition, some product manufacturers or suppliers submit their devices for testing with us or made to recognized standards that we have incorporated to work with Retinasoft to better ensure compatibility and availability of features and functionality ("Retinasoft Certified Products"). In addition to the manufacturer's brand or logo, look for our logo in conjunction with "Works with Retinasoft" to identify Retinasoft Certified Products. Note, without our "Works with Retinasoft" logo, the product was not tested by us even if the phrase "works with Retinasoft" is somewhere on the packaging or advertisement, and is instead an "Uncertified Device" (see below).
7.3 Uncertified Devices. In these Terms, "Uncertified Devices" are devices that have not been tested by us and not branded with the Retinasoft logo, even though they may be offered for sale by us or others. You agree we are not responsible for any failures as a consequence of attempting to register or use Uncertified Devices, even if those devices are sold by us. When You attempt to register such uncertified devices with the Retinasoft, we accept no responsibility for their operation and reserve the right to disconnect them from Retinasoft. In addition, You agree we may terminate Your Account without any notification or compensation or liability to You if we, in our sole discretion, believe their operation causes an issue to Retinasoft, your Retinasoft Service, or with our liability to you or others.
7.4 Products: Check Manufacturer and Retailer Policies and Warranties. We provide You with no additional rights from us, and these Terms give you no additional rights, as it relates to Retinasoft-Branded Products, Retinasoft Certified Products, and Uncertified Devices (all of these together are "Products"). Your Products and devices should be covered by the appropriate warranties, terms, restrictions, return policies, contracts, and conditions, if any, provided by the devices' manufacturers or Your retailer, including Retinasoft's.
7.5 YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR PRODUCTS, AND THAT WE MAKE NO WARRANTY OF ANY KIND AS TO THESE PRODUCTS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, EXCEPT AS, AND THEN ONLY TO THE EXTENT, THESE PRODUCTS ARE PROVIDED BY US AS THE RETAILER OR DISTRIBUTOR OF THOSE PRODUCTS AND THEN ONLY TO THE EXTENT SET FORTH IN ANY EXPRESS WARRANTY WE MAY PROVIDE YOU, AND YOU AGREE TO RELEASE US AND HOLD US HARMLESS OF AND FROM ANY LOSSES, DAMAGES, HARM, ACTIONS, OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR PRODUCTS UNLESS OTHERWISE EXPRESSLY STATED BY US.
7.6 Product Registration with Others. Some Products, including some that are Retinasoft Certified or sold by us and work with Retinasoft, require registration with the manufacturer or supplier or a service provider acting on the manufacturer or supplier's behalf in order to function, work with Retinasoft, or access all the features or uses You may want from those Products. You understand that your registration with these third parties will contain terms, conditions, privacy statements or notices, limitations, and exclusions between You and these third parties or required by these third parties for your Product(s) or the Retinasoft Service to function or to function properly, with all features, or in the ways you wish to use those Products or Retinasoft and You agree we are not responsible to You for these additional registration requirements and You agree to look solely to these third parties for any issues, concerns, loss, damages, harm, or liability related to the requirement to register Your product(s) and the terms of such registration.
8. PRIVACY AND SECURITY
8.1 Privacy. The Retinasoft Privacy Statement describes how we collect, use, share, and protect information when you visit the www.RetinasoftSecurity.com site and/or use Retinasoft products, services, or applications. It also contains other important privacy disclosures, such as how we may update the Privacy Statement. Please see the Retinasoft Privacy Statement for more information.
8.2 Security. We care about the integrity and security of Your personal information, Your Retinasoft Service, devices, user interfaces, computers, networks, product data, and home. However, we cannot guarantee that unauthorized third parties will never be able to defeat our or other's security measures or use Your personal information, Your devices, or the Retinasoft system for improper purposes. You acknowledge that You provide Your personal information at Your own risk. You acknowledge that You alone are responsible for protecting Your computer hardware, software, network, data, Products, devices (including those you use to access Retinasoft, user interfaces) and home from unauthorized access, and viruses, spyware, and all other types of malicious code. You acknowledge that You are responsible for keeping any passwords used for accessing the Retinasoft Service confidential, and for keeping keyfobs (as applicable) under Your control and secure. You should log out from www.RetinasoftSecurity.com and any other user interfaces (such as mobile applications on Your smart phone) when it is not being used. You are responsible for notifying us immediately if You believe that the security of Your account may have been compromised in any way. You acknowledge that data transmitted between You and us may be intercepted, lost or compromised by others and we accept no liability for the interception, loss or compromise of such data.
9. RETINASOFT SERVICE OFFERINGS
9.1 Service Levels and Offerings. We offer tiers of service that include both free and paid subscription options ("Service Levels"), as well as paid additional Retinasoft services, described at www.RetinasoftSecurity.com. The price and scope of the services and Service Levels are subject to change so You should refer to www.RetinasoftSecurity.com for the latest details and for any additional terms or restrictions. Some of these services, such as Cellular Service, may require you to purchase or own certain devices or equipment to enable their features and functionality.
9.2 Service Levels, Credit Card Registration, and Recurring Billing. During registration You will either receive the option to choose, or You may be automatically be enrolled in, one of our Service Levels, which may require payment on recurring basis by You from the moment of registration (or after expiration of a trial period) and which are collected via credit card registration with us. However, Retinasoft also allows You to move from or among Service Levels with some restrictions. See Section 9.3 below for more about cancelling or changing Service Levels or Additional Retinasoft Services.
FOR ALL PAID SERVICES WE WILL BILL YOUR CREDIT CARD/PAYMENT METHOD AUTOMATICALLY AT THE BEGINNING OF YOUR BILLING CYCLE, AND ON A RECURRING BASIS UNTIL YOU CANCEL THEM OR MOVE TO A FREE SERICE LEVEL. SEE SECTION 9.3 FOR CANCELLATION.
FOR FIRST TIME USERS OF A PROMTIONAL TRIAL PERIOD FOR PAID SERVICES, SEE SECTION 9.3 FOR IMPORTAN INFORMATION ABOUT CHANGING YOUR SERVICE LEVELS TO AVOID RECURRING BILLING IF YOU DO NOT WISH TO MAINTAIN SUCH SERVICES.
9.3 Service Level and Additional Retinasoft Services Changes or Cancellations by You. You may change Your Service Level or Additional Retinasoft Service in accordance with these Terms and any other terms posted with the Service Level or Additional Retinasoft Service. Any request to change Your Service Level will take effect as soon as the Retinasoft system processes the request (the "Effective Date"). This may or may not correspond to Your existing Billing Date (see Section 11 for more on Billing and Billing Date) or the date You requested the change, so you should submit your request in advance of the date you want the Service Level or Additional Retinasoft Service to change or end to avoid partial billing. In the event the Effective Date and Billing Date do not match, Your service fees will be pro-rated if You select a higher priced Service Level, or a pro-rated refund (credit) may be granted if You select a lower priced or unpaid Service Level or cancel an Additional Retinasoft Service or Service Level altogether. Any and all pro-rations or refunds will be based upon the difference between the Effective Date and the Billing Date as solely determined by us and will show up as a respective charge or credit via Your Payment Method (see Section 10 on Payment Method). You will receive prompt confirmation of any service change either directly from the Retinasoft Service or via email.
9.4 How to Change or Cancel Service Levels or Additional Retinasoft Services. TO CHANGE OR CANCEL SERVICE LEVELS OR ADDITIONAL RETINASOFT SERVICES, LOGIN TO YOUR ACCOUNT AT WWW.RETINASOFTSECURITY.COM AND NAVIGATE TO THE "SUBSCRITION" SECTION AND UPDATE YOUR PREFERRED SERVICE LEVEL OR SUBMIT A CANCELLATION TO CANCEL FOR THE DESIRED SERVICE.
9.5 Retinasoft Compatible Cellular Data Services; Available from Third Party Carriers; Retinasoft Certified Device Required to Function. As an Additional Service, Retinasoft may make available to you one or more Retinasoft compatible cellular data service options which will utilize cellular service to perform the function of your internet broadband connection in the event of temporary outage or unavailability (each such offering is a "Cellular Data Service" and together all such services are the "Cellular Data Services"). A particular Retinasoft Certified Device in the form of a cellular data modem will be required to access or use Cellular Data Services (a "Cellular Data Modem"); uncertified cellular data modems will not work with Cellular Data Services, or may not function as desired. Some functions and features referenced in the Manufacturer's manual provided with your Cellular Data Modem or other Retinasoft Certified Devices may not be available with Cellular Data Services.
9.5.1 Cellular Data Services and Other Parts of these Terms; Additional Terms. All portions of these Terms that reference "Retinasoft" or the "Retinasoft Service" are deemed to include and apply equally to any Cellular Data Service used, accessed, or purchased by You or offered by us to You. As such, the definitions of "Retinasoft" and "Retinasoft Service" are amended to include "Cellular Data Service" and "Cellular Data Services." The definition of "Retinasoft Certified Devices" includes "Cellular Broadband Modem" and all terms relating to Retinasoft Certified Devices apply equally to Cellular Broadband Modems. Additional terms for Cellular Data Services and Cellular Broadband Modems are set forth below.
9.5.2 Carriers; IP address and Phone Numbers. The wireless telecommunications networks used to transmit calls for the Retinasoft Service are owned and operated by various third-party licensed commercial mobile radio service providers ("Carriers"). Please note that you have no ownership rights to IP address, phone number or any other identifier associated with your Service and you acknowledge and agree that we may change any such number, IP address or other identifier associated with your Retinasoft Service at any time without prior notice to you.
9.5.3 Service Plans. Your Cellular Data Services will only operate after you have subscribed to one of the Cellular Data Service options and for so long as you have service days left on Your plan's cycle. Please visit our website at RetinasoftSecurity.com for the latest information regarding our service plans for Cellular Data Services.
9.5.4 Coverage; Availability and Interruptions; Data Speeds. Cellular Data Services can only be activated where such services are offered and supported by us and by Carriers that support the Cellular Data Services. Retinasoft does not guarantee the availability of Cellular Data Services in your coverage area and reserves the right to modify, suspend, interrupt, discontinue or permanently cancel Cellular Data Services, or portions thereof, without notice. Cellular Data Services are not available outside of your coverage area. Retinasoft provides Cellular Data Services at its discretion. We are not responsible and will not be liable for any modifications, interruptions or discontinuation of the Cellular Data Services. If Cellular Data Services are modified, interrupted, discontinued or cancelled, Retinasoft will not issue any refunds or reimburse you for any unused Cellular Data Services. Actual data speeds are subject to various factors, including those beyond our control, such as Your Cellular Data Modem's capabilities, coverage availability in Your local area, and existing network conditions. As such, actual availability, coverage, and data speeds may vary.
9.5.5 Authorized Uses; Additional Types of Misuse/Unauthorized Use Applicable to Cellular Data Services. Retinasoft Data Service may ONLY be used for the following purposes: (a) back-up to your Retinasoft Service and related devices for existing broadband data failure(s) (b) specific transmissions initiated by Your broadband failure, and (c) maintaining Retinasoft Service connectivity during broadband failure.
Cellular Data Service may not be used for certain unauthorized uses that adversely impact our service. In addition to other unauthorized uses of the Retinasoft Service, examples of unauthorized uses of Cellular Data Services include, without limitation, the following: (i) uploading, downloading or streaming of uninterrupted continuous video; (iv) server devices or host computer applications, including, but not limited to, web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer ("P2P") file sharing.
9.5.6 Excessive Cellular Data Consumption. We may discontinue providing Service to you, discontinue your account, terminate data connections and/or reduce data throughput speeds for customers whose usage, in our sole judgment: (1) appear likely to generate abnormally high cellular data volumes or data usage and/or abnormally long data usage as compared to the usage of other Retinasoft customers or (2) may be harmful, disruptive, or interfere with the Carrier's network, the Retinasoft Service, or the ability to provide quality service to other customers. By initiating Cellular Data Service, you acknowledge and agree to our right to terminate your Cellular Data Service under these circumstances. Retinasoft may modify or cancel any Service or take corrective action at any time without prior notice and for any reason, including but not limited to your violation of this agreement.
9.5.7 Additional Limitations for Cellular Data Services; Data Transmission Security. Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical and other conditions. Further, Cellular Data Service may be temporarily refused, limited, interrupted or curtailed due to system capacity limitations, technology migration or limitations imposed by the Carrier, or because of equipment modifications, upgrades, repairs or relocations or other similar activities necessary or proper for the operation or improvement of the Carrier's radio telephone system. We cannot and do not guarantee that Your communications or data transmitted via Cellular Data Services will be private or secure. Although it is illegal for unauthorized people to intercept your communications, such interceptions can occur. Retinasoft does not warrant or guarantee availability of the network or of any Services at any specific time or geographic location or that the Cellular Data Services will be provided without interruption. Neither Retinasoft, nor any Carrier, shall have any liability for Service failures, outages or limitations of Service.
9.5.8 Unauthorized Use; Tampering; SIM Card Changes by Carriers, Retinasoft, or Their Service Providers. The Cellular Data Services are provided exclusively for use by You for Your Retinasoft Service. The unlocking or resale of your Retinasoft Certified cellular broadband modem or its components (including any SIM card) constitutes a violation of these Terms. You agree not to unlock, reflash, tamper with or alter your Retinasoft Certified cellular modem or its components (including any SIM card) in any manner that conflicts with these Terms.
Your Retinasoft Certified cellular broadband modem may contain a SIM card. The Carriers, Retinasoft, or its service providers, may, from time to time, remotely update or change the encoded information on Your SIM card. You agree not to, and not to, and not to allow any other person to, directly or indirectly alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of, your SIM card. You also agree not to use either your SIM card or your Retinasoft approved Cellular Broadband Modem in any device other than the Retinasoft Smart Controller or other Retinasoft Certified Product expressly indicated by us to be authorized for use with the Cellular Broadband Modem. Any violation of the restrictions on the use of your SIM card or Retinasoft Certified cellular broadband modem that are contained in these Terms may, in our sole discretion, result in the immediate termination of your Cellular Data Service and/or Retinasoft Service without notice. In the event that we detect unauthorized or excessive use, You agree to reimburse Retinasoft's for all of the data usage associated with the unauthorized use of the SIM card and/or Retinasoft Certified cellular broadband modem at the rates and tiers equal to what the particular Carrier for your Cellular Data Service option normally charges its cellular service customers in your area for exceeding the Carrier's initial cellular data service allotment or level.
10. PAYMENT METHOD
10.1 Approved Payment Method Required for Paid Service Levels And Paid Additional Retinasoft Services. Registration, activation, and use of a paid Retinasoft Service Level or a paid Additional Retinasoft Service require a credit or debit instrument (Payment Method) acceptable to us. By submitting Your Payment Method to us You represent and warrant that You are authorized to use the Payment Method, including to meet Your obligations under these Terms. We will bill any monthly fees or other charges to the Payment Method You provide to us during registration.
10.2 Changing or Expiration of Payment Method. If You want to use a different Payment Method or if there is a change in Payment Method, such as Your credit card validity or expiration date, You may edit Your Payment Method information by logging in at www.RetinasoftSecurity.com and proceeding to the manage subscription section. If Your Payment Method reaches its stated expiration date or otherwise and You do not edit Your Payment Method information or cancel Your User Account and all card services, You authorize us to, at our discretion, (1) continue billing that Payment Method and You remain responsible for any uncollected amounts, (2) contact You for an alternate form of payment, including paying any amounts that remain outstanding or uncollected, or (3) terminate Your use of the Retinasoft Service and You remain responsible for any uncollected amounts. Note, as part of the benefit of Your Retinasoft Service, certain Payment Method providers may provide us the ability to subscribe to automatically receive updated Payment Method information, such as if your provider issues you a new credit card to replace a lost, stolen, or compromised credit card. To determine if we have your latest, updated Payment Method information, follow the steps described in Section 9.4.
10.3 Your Payment Method Provider. For certain Payment Methods, the issuer of Your Payment Method may charge You a foreign transaction fee or related charges. It is Your responsibility to check with the issuer of Your Payment Method for details on any interest, fees, or charges associated with Your Payment Method.
10.4 Credit Check Authorization. You authorize us to obtain a non-investigative consumer report, commonly referred to as a credit check or credit report, about You from a consumer reporting agency at any time that You are signed up for a paid Retinasoft Service Level or paid Additional Retinasoft Service.
11. BILLING AND DURATION
11.1 Effect of User Account Creation on Billing Date(s) and Duration. Your Retinasoft Service, which may start with an initial promotional offer, begins on the day Your User Account is created (Billing Date) and will continue month-to-month unless and until You cancel Your service or we terminate it. If you chose a paid Service Level or paid Additional Retinasoft Service, you must cancel Your service before it renews on the next Billing Date in order to avoid billing some or all of the next month`s service fees to Your Payment Method (see Sections 9.3 and 9.4).
11.2 Billing. We automatically bill Your Payment Method each month on the calendar day corresponding to Your Billing Date. In the event Your Billing Date is a day not contained in a given month, we bill Your Payment Method on the last day of such month. For example, if You started Your Retinasoft Service on January 31st, Your next payment date is February 28th and Your Payment Method would be billed on that date. You acknowledge that the amount billed each month may vary (for reasons that may include promotional offers), and You authorize us to charge Your Payment Method for such varying amounts.
12. FEES, CHARGES, TAXES, AND CREDITS
12.1 Advance payment. All fees, charges, and taxes, if any, are payable in advance via Your Payment Method and billed in accordance with these Terms.
12.2 Modification and Notice. We reserve the right to modify, terminate or otherwise amend Service Levels or Additional Services without notice. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give You advance notice of these changes by email or through other Retinasoft Service notifications.
12.3 Additional Charges; Applicable Taxes. You agree to pay all charges for the Retinasoft Service (including any Service Levels applicable to your use or account) and any applicable federal, state, or local taxes that may apply to Your Service Level.
12.4 Credits. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("Credits"). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle You to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
13. CANCELLATION, FAILURE TO PAY, AND BREACH OF TERMS AND CONDITIONS
13.1 Cancellation. If You cancel the Retinasoft Service altogether, Your cancellation will be effective as of the Effective Date. You will receive a pro-rated refund to the Payment Method on file as described in Section 9.3. Should you have an invalid Payment Method on file, you may not receive your refund.
13.2 Effect on Products. Please note that cancelling Your Retinasoft Service won't affect Your ownership of any Products that You have purchased from us or others, or Your obligation to pay for them, and we`ll be under no obligation to accept their return, or provide any credit or refund for them relating to cancellation or termination of Retinasoft Service.
13.3 Failure to Pay; Breach of the Terms and Conditions. If You fail to make any payment when due, or if You breach any of these Terms, we may immediately terminate Your Retinasoft Service without any notification or compensation or liability to You in addition to any other legal or equitable remedy we may have, such as to pursue balances owed.
14. INITIAL PROMOTIONAL OFFERING - PREMIUM SERVICE
14.1 Initial Promotional Offerings. Your Retinasoft membership may start with a promotional trial of particular services or Service Levels. This trial will last for as long as we specify during sign-up. You should note that promotional trials may not be combined with any other offers. You may need to provide a current valid accepted Payment Method as indicated during registration, to use the Retinasoft Service. Certain Eligibility restrictions may apply. See www.RetinasoftSecurity.com for details.
14.2 Promotional Offerings and Paid Service Levels. We will begin billing Your Payment Method for selected services at the current price listed on www.RetinasoftSecurity.com at the end of the initial promotional offering unless, prior to the end of the free trial period, You cancel the selected service in the manner specified in the offering. To view the specific details of Your Retinasoft Service, Service Levels, or Additional Retinasoft Services, login to your account at www.RetinasoftSecurity.com and navigate to the "subscription" section. Your Payment Method will be authorized for up to approximately one (1) month of service as soon as You register. In some instances, Your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made (settled) against the Payment Method unless You do not cancel prior to the end of Your initial promotional offering in the manner specified in the offering. You may receive a notice from us that Your initial promotional offering has ended or that Your paid subscription to Your Premium Service has begun. IF YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL IN THE MANNER SPECIFIED IN THE OFFERING, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. TO DO SO, LOGIN TO YOUR ACCOUNT AT WWW.RETINASOFTSECURITY.COM AND NAVIGATE TO THE "SUBSCRITION" SECTION AND UPDATE YOUR PREFERRED SERVICE LEVEL OR TO CANCEL A SERVICE. We will continue to bill Your Payment Method on a monthly basis for any paid Service Level or Additional paid additional Retinasoft Service fee until You either change to a free version (if any) or cancel Your service. You may cancel Your Retinasoft Service at anytime. See Sections 9.3 and 9.4 for details.
15. WARRANTIES' DISCLAIMER; RELEASES; NO GUARANTEE
15.1 AS-IS; Warranties’ Disclaimer and Releases from You. WE PROVIDE RETINASOFT TO YOU ON AN "AS-IS" BASIS AND MAKE NO WARRANTIES OF ANY KIND AS TO THE RETINASOFT SERVICE OR ANY COMPONENT OF THE RETINASOFT SERVICE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS EXPRESSLY PROVIDED BY US IN WRITING AND SPECIFICALLY REFERENCING SUCH THAT SUCH WRITING IS AN EXPRESS WARRANTY OR GUARANTEE, AND THEN ONLY TO THE EXTENTOF SUCH WRITTEN WARRANTY OR GUARANTEE PROVIDED BY US, AND YOU AGREE TO RELEASE US AND HOLD US HARMLESS OF AND FROM ANY LOSSES, DAMAGES, HARM, ACTIONS, OR CAUSES OF ACTION AIRSING OUT OF OR RELATING TO YOUR USE OF THE RETINASOFT SERVICE OR ANY COMPONENT OF THE RETINASOFT SERVICE. NOTHING IN THESE TERMS IS A WARRANTY OR GUARANTEE OF ANY KIND AS TO THE RETINASOFT SERVICE OR ANY COMPONTENT OF THE RETINASOFT SERVICE.
FOR CALIFORNIA RESIDENTS, ALL RELEASES IN THESE TERMS ARE MADE BY YOU WITH THE UNDERSTANDING AND ACKNOWLEDGEMENT THAT YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THEM, WHICH STATES: "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."
15.2 NO GUARANTEE. WE MAKE NO WARRANTY THAT ANY DEFECTS, ISSUES, OR ERRORS RELATING TO RETINASOFT WILL BE CORRECTED OR THAT THE RETINASOFT SERVICE OR ANY COMPONENT OF THE RETINASOFT SERVICE WILL MEET YOUR REQUIREMENTS, BE COMPATIBLE WITH YOUR HOME NETWORK OR DEVICES YOU WISH TO USE AS YOUR USER INTERFACE WITH RETINASOFT OR YOUR OTHER SERVICE PROVIDERS, BE FREE OF ERRORS OR DEFECTS, OR BE ACCURATE OR RELIABLE OR MEET ANY OTHER PARTICULAR NEEDS YOU MAY HAVE UNLESS EXPRESSLY PROVIDED BY US IN WRITING AND SPECIFICALLY REFERENCING THAT SUCH WRITING IS AN EXPRESS WARRANTY OR GUARANTEE, AND THEN ONLY TO THE EXTENT OF SUCH WRITTEN WARRANTY OR GUARANTEE PROVIDED BY US.
16. LIMITATION OF LIABILITY; DAMAGES’ DISCLAIMER; NO INSURANCE; SUBROGATION WAIVER
16.1 Limitation of Liability. This section explains our limited liability to You. In accepting these Terms You are acknowledging that the sole purposes of the Retinasoft Service it for your use as set forth in Sections 3. We accept no liability for the failure of the system and You should not use the system in applications where any such failure could result in hazards, damage or losses of any description. You acknowledge that we are not insuring You against any losses that may result from any failure of the Retinasoft services.
16.2 Home Security/Protection Use/Care. You may choose to use the Retinasoft Service and certain Retinasoft Branded Products or Retinasoft Certified Products to provide self-monitored, alert-based security or protection for Your home. You may also choose to use the Retinasoft Service and certain Retinasoft Branded Products or Retinasoft Certified Products to provide You additional assistance in Your efforts to provide care to another, or others in providing care to You. However, this is not an emergency response service and it cannot be connected directly to the police or other public services. It is Your responsibility to monitor Your system, or have another You trust to monitor Your system, and respond appropriately to information and events. You acknowledge that we cannot be responsible for, and accept no responsibility for, the security or care of You, those You provide care to, Your family, Your home or place where you use devices connected to Retinasoft, and Your possessions. You agree that we will not be responsible for any security breaches or losses under any circumstances. In addition, the Retinasoft Service cannot be considered a lifesaving solution for people at risk in the home or Your property and it is no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services.
16.3 Limitations. Retinasoft equipment and services cannot eliminate occurrences of events including, but not limited to, fires, floods, burglaries, robberies, and medical issues. Other than the limited warranty set forth in Paragraph 15.1, we make no guaranty or warranty, including any implied warranty of merchantability or fitness for a particular purpose, that the Retinasoft Branded Products, Retinasoft Certified Products, equipment, and services (including Retinasoft) provided will detect, avert or minimize such incidents or their consequences. We do not accept any risk that You or Your property, or the person or property of others, may be subject to damage, injury or loss if such an event occurs, and we accept no liability for any such damage, injury or loss. The allocation of such risk remains with You and not with us. In accepting these Terms, You release, waive, discharge and promise not to sue or bring any claim of any type against us for any damage, injury or loss relating or alleged to relate in any way to the equipment or services provided by us.
16.4 IN NO EVENT WILL WE BE LIABLE TO YOU (AND IN NO EVENT WILL YOU ATTEMPT TO HOLD US LIABLE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, AGGRAVATED, EXEMPLARY OR CONSEQUENTIAL DAMAGE, LOSS, COST OR EXPENSE OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OPPORTUNITY COSTS AND ANY SUCH DAMAGES RESULTING FROM PERSONAL INJURY OR PROPERTY DAMAGE OR LOSS) WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RELATED TO YOUR USE OF RETINASOFT OR ANY SERVICE OR PRODUCT UNLESS OTHERWISE EXPRESS AGREED TO BY US.
16.5 No Insurance; Subrogation Waiver. You acknowledge that we are not providing insurance of any type. Your payments are not insurance premiums. Our fees for services and products are not related to the value of Your property, anyone else's property located in Your premises or any risk of loss at Your premises. They are based solely upon their own inherent value and reflect the limited liability that we assume under these Terms. You should protect against any risk of loss at Your property with the appropriate insurance coverage. In the event of any loss, damage or injury, You must look exclusively to Your insurer, and not to us, for compensation. In accepting these Terms, You release and waive for Yourself and Your insurer all subrogation and other rights to recover against us arising as a result of the payment of any claim for loss, damage or injury.
17. EXCLUSIVE REMEDY.
17.1 Liquidated Damages of $10. It is impractical and extremely difficult to determine the actual damages, if any, that may result from a failure by us to perform any of our obligations. If, notwithstanding the provisions of Section 16, we are found liable for loss, damage or injury under any legal theory relating in any way to the services (including the Retinasoft Service) and/or equipment provided by us or on our behalf, our liability to You shall be limited to $10. This agreed-upon amount is not a penalty. Rather, it is Your sole remedy.
17.2 Regardless of Cause. The provisions of this Section apply no matter how any alleged loss, damage, injury or other consequence occurs, even if due to the performance or non-performance by us of our obligations or from negligence (active or otherwise), strict liability, violation of any applicable law, or any other theory of liability or alleged fault on the part of us, our agents or our employees.
18. INDEMNITY, ARBITRATION, LIMITATION ON CLAIMS, BENEFIT TO OTHERS, AND OTHER PARTY'S LIMITATION
18.1 Indemnity. If any other person or entity, including Your subrogating insurer, makes any claim or files any lawsuit against us in any way related to Your possession, purchase, use, ownership, receipt of, registration for, User Account creation for, or participation in the equipment or services (including the Retinasoft Service) provided by us or on our behalf, You agree to indemnify, defend and hold us harmless from any and all such claims and lawsuits, including the payment of all damages, expenses, costs and attorneys' fees. Your duty to defend is separate and distinct from the duty to indemnify and hold harmless and arises upon the assertion of a claim or demand against us and regardless of whether we have been found liable or incurred any expense.
18.2 ARBITRATION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT PROCEEDINGS.
18.2.1 Binding arbitration. You agree to submit any claim, dispute, action, cause of action, issue, or request for relief to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further You agree arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to Your use of the Retinasoft Service. Any dispute or claim made by You against us arising out of or relating to these Terms or Your use of the Retinasoft Service or products with the Retinasoft Service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that You may take claims to small claims court if they qualify for hearing by such a court.
18.2.2 Arbitration Procedures. You must first present any claim or dispute to us by contacting our Customer Care Center at support@retinasoftsecurity.com or 1-319-936-1542 to allow us an opportunity to resolve the dispute. You may request arbitration if Your claim or dispute cannot be resolved within 60 days after such notice. The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of a nation-wide arbitration organization (such as the American Arbitration Association) as modified by this agreement. You and we agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless You and Retinasoft's agree otherwise, any arbitration will take place in West Des Moines, Iowa or another location within 150 miles of your residence which we agree to with You, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying those rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator`s rules. Any arbitration shall be confidential, and neither You nor Retinasoft may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
18.2.3 Costs of arbitration. All administrative fees and expenses of arbitration will be divided equally between You and Retinasoft's. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.
18.3 Time to Bring Claim or Suit. Notwithstanding section 18.2 above, no arbitration, suit or action can be brought against us more than one (1) year after the date of the incident alleged to have resulted in the loss, injury or damage (or, if greater, the shortest duration permitted under applicable law).
18.4 Benefit to Others. The provisions of this Section 18 shall apply to and benefit us and our agents, employees, contractors, subsidiaries, dealers, affiliates, parents (both direct and indirect), affinity marketers and other third party suppliers, providers, and partners.
18.5 Other Party's Limitation. If You purchased equipment or services from us through another entity or person (or based on a referral from another entity or person), You accept that such other entity or person acts solely as an independent contractor and that such other person or entity is entitled to the same rights to which we are entitled under these Terms and Conditions, including Section 18.
19. GENERAL
Please send any formal notices to us by email at support@retinasoftsecurity.com (Retinasoft Solutions Center 1-319-936-1542) and confirm them by mail to Retinasoft, 15301 Maple Dr, Urbandale, IA 50323.
19.1 Our failure to exercise any of our rights under these Terms shall not be deemed to be a waiver of such rights or a waiver of any breach of these Terms. We may assign any of our rights or delegate any of our obligations under these Terms without Your prior consent. You shall not assign any of Your rights, nor delegate any of Your duties, under these Terms without our prior written consent.
19.2 If any term or provision hereof should be held to be invalid, unenforceable, or illegal, such holding will not invalidate or render unenforceable any other provision hereof, and the remaining provisions will not be impaired thereby.
19.3 These Terms will be governed by and interpreted in accordance with the laws of the State of Iowa, without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction. You agree that the exclusive jurisdiction (personal and, as allowed, subject matter) and venue for any action relating to these Terms and Conditions shall be a federal or state court in West Des Moines, Iowa, and You consent to such jurisdiction and venue.
20. LEGAL NOTICE TO PICSCOUT , GETTY IMAGES, PICSCOUT CLIENTS, CYVEILLANCE: YOU ARE PROHIBITED FROM ACCESSING THIS SITE
20.1 Legal Notice to PicScout, http://www.picscout.com/ ,Getty Images, http://www.gettyimages.com/ trading as: GYI , all other customers of PicScout, and Cyveillance Intelligence Center http://www.cyveillance.com/, and to any and all clients of Cyveillance Intelligence Center, their subsidiaries, agents, or assigns are prohibited from accessing retinasoftsecurity.com.
20.2 Permission for the copyright scanning robot program known as PicScout and for robots owned or operated by Cyveillance Intelligence Center, Getty Images, their subsidiaries, agents, and assigns to access this site is explicitly denied. All other robots which scan content for the purpose of any law enforcement, criminal or civil, are also denied permission to access this site at any time.
20.3 Notice concerning demands for damages originating from Getty Images, PicScout, Cyveillance Intelligence Center, or any of their subsidiaries, agents, or assigns or any other scanning robot users sending "demand notices" prior to DMCA takedown notices: We regard Getty Images, PicScout, Cyveillance Intelligence Center, or any of their subsidiaries, agents, or assigns as entities engaged in extortion. As such, all payment demands SHALL BE REFUSED if any threats of legal action are ever received from Getty Images, PicScout, Cyveillance Intelligence Center, their subsidiaries, agents, or assigns or any other copyright holder demanding "damages" prior to sending DMCA takedown notifications. Not only will we refuse to pay the funds you demand and we shall instead seek liquidated damages in the amount of $25,000 US per violation of our Terms of Service concerning image scanning robots.