Legal

Privacy Policy

Sevenhugs Privacy Policy Last Updated January, 2018 We at Sevenhugs have created this Privacy Policy because we know that you care about how information you provide to us is used and shared. This Privacy Policy relates to the information collection and use practices of Sevenhugs in connection with our Products, our Website, and our App. By visiting our Website, purchasing Products, and/or registering through our App, you are agreeing to the terms of this Privacy Policy, the accompanying Terms of Use , the Product Terms, and the App Terms, as applicable, all of which form the Agreement. Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Product Terms or Terms of Use. The Information We Collect and/or Receive In the course of operating the Website and the App, and providing the Product, Sevenhugs will collect (and/or receive) the following types of information. You authorize us to collect and/or receive such information. 1. Personal Information. When you purchase a Product through the Website, and when you register to use the Product on our App, you will be required to provide us with personal information about yourself, such as your name and e-mail address (collectively, “Personal Information”). We do not collect any Personal Information from you unless you provide us with the Personal Information voluntarily (for example, by purchasing a Product through the Website, creating an account on the App, or sending us an email). 2. Billing Information. In order for us to process your Product purchases through the Website, you will be required to provide certain billing information, such as your credit card number, expiration date, bank account information, billing address, activation code, and similar information (collectively, “Billing Information”). Such Billing Information will be collected and processed by our third-party payment vendors pursuant to the terms and conditions of their privacy policies and terms of use. We do not obtain access to any Billing Information. 3. Geolocational Information. Certain features and functionalities of the App and Product are based on your location. In order to provide these features and functionalities while you are using a mobile device, we may, with your consent, automatically collect geolocational information from your mobile device or wireless carrier and/or certain third-party service providers. Such information is collectively called the “Geolocational Information.” Collection of such Geolocational Information occurs only when the App is running on your mobile device. You may decline to allow us to collect such Geolocational Information, in which case we may not be able to provide certain features or functionalities to you. 4. Other Information. In addition to the Personal Information, the Billing Information and the Geolocational Information, we may collect or receive additional information (collectively, the “Other Information”). Such Other Information may include: a. From Your Activity. In order to provide you certain features and functionalities of the Product, and in an ongoing effort to improve our Product, we automatically collect certain information when you use the Product, and integrate it with your other devices and services. Such information may include, without limitation: • IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on the Website and App, what sections of the Website and App you visit, etc.; • information about a mobile device, including universally unique ID (“UUID”), platform type and version (e.g., iOS or Android), carrier and country location, hardware and processor information, and network type; and • activity and usage information occurring via the Product, including, without limitation, the Third-Party Products that you integrate with the Product, such as your television, thermostat, or your Uber account. b. From Cookies. We collect information using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit to our Website and App. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Website and App. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Website and/or the App may not function properly. c. From You. You may voluntarily provide us additional information about yourself that does not identify you personally. d. Third-Party Analytics. We and the third-party technology providers, ad exchanges, ad networks, advertisers, agencies, and ad servers with which we work use third-party analytics services (such as Google Analytics) to evaluate your use of the Website, the App, and the Product, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Website, the App, the Product, and mobile and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. You consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on these third parties, including how to opt out from certain data collection, please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Platform. For Google Analytics, please visit https://www.google.com/analytics e. From Other Sources. We may collect or receive information about you from third parties in accordance with their privacy policies, including the Third-Party Product providers, manufacturers, and operators, that communicate with our App and Product when you integrate their products and services with the Product. Without limiting the generality of the foregoing, when you integrate a Third-Party Product with the Product, such as connecting your Uber account to the Product to allow you to order Uber rides through the Product, the Product communicates with such third party to enable you to connect your Uber account. By integrating a Third-Party Product with the Product, you consent to our collection of information about you through such third party in accordance with their privacy policies and this Privacy Policy. The Information Collected by or Through Third-Party Advertising Companies You authorize us to share Other Information about your activity and interaction with the Product with third parties for the purpose of tailoring, analyzing, managing, reporting, and optimizing advertising to you. These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect such Other Information for such purposes. Pixel tags enable us, and these third-party advertisers, to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site. How We Use and Share the Information You authorize us to use the Personal Information, the Billing Information, the Geolocational Information and the Other Information (collectively, the “Information”) to provide the Website, the App, and the Product and to improve the same; to process transactions; to solicit your feedback; and to inform you about our products and services and those of our promotional partners. You also authorize us to use and/or share Information as described below. • We may, from time to time, share and/or license Information with or to other companies, who may provide you information about the products and services they or their partners offer. However, to the extent required by law, you will be given the opportunity to opt-out of such sharing. • We will access, use, and share the Information as required to fulfill our contractual obligations to you and to address your questions or requests regarding our Products, services, and/or support. • We may employ other companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, order fulfillment, customer service, and marketing assistance. In particular, Sevenhugs uses a third-party cloud hosting provider to store user Information and configurations. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law. • In an ongoing effort to better understand our customers and our Products, we may analyze certain Information in anonymized and/or aggregate form in order to operate, maintain, manage, and improve the Website, the App, and/or our Products and services. This anonymous information does not identify you personally. We may use this anonymous information, and share and/or license it with and to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose anonymous user statistics in order to describe our Products and business to current and prospective business partners and to other third parties for other lawful purposes. • We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us. • As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets. • To the extent permitted by law, we may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of Sevenhugs or others. If Sevenhugs intends on using your Information in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Information is collected. Sharing of Your Personal Information with Non-Affiliated Third Parties We will not share your Personal Information with non-affiliated third parties that may use such information to market to you, without obtaining your opt-in consent. For example, we may offer you a product opportunity that requires us to share your Personal Information with non-affiliated third parties that may use such information to market to you. We will obtain your opt-in consent to such sharing of your Personal Information when we present you with the terms of such offer. If you have opted-in for this kind of sharing, then you may: (i) choose to opt-out of such sharing by contacting us at support@sevenhugs.com; or (ii) request certain information regarding our disclosure of such Personal Information to such non-affiliated third parties by contacting us at support@sevenhugs.com. If you would like to opt-out of our sharing of your Personal Information with its affiliates so that such affiliates can use your Personal Information to market to you, please contact us at support@sevenhugs.com. How We Protect Your Personal Information We take commercially reasonable steps to protect your Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Personal Information that you supply will not be intercepted while being transmitted to and from us over the Internet. Accessing and Modifying Personal Information and Communication Preferences If you have registered for the App, you may access, review, and make changes to your Personal Information by following the instructions found on the App. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Sevenhugs marketing email. Registered users cannot opt out of receiving transactional e-mails related to their account. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our databases. Important Notices to Non-U.S. Residents The servers used in connection with the operation and use of the Website, the Product, and the App are operated in the United States and elsewhere. Please be aware that your Information, including your Personal Information and Billing Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Website, the Products, and/or the App, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere. External Websites The Website may contain links to third-party websites. We have no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites. Children We do not knowingly collect Personal Information from children under the age of 13 through the Platform. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information through the Platform without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases. California Residents Under California Civil Code Section 1798.83, California residents who have an established business relationship with we may choose to opt out of our sharing your Personal Information with third parties for direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please send an e-mail to support@sevenhugs.com. In addition, Sevenhugs does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals. Changes to This Privacy Policy This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Any such changes will be posted on the Website. By accessing the Website and/or using the App and the Product after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis. How to Contact Us If you have questions about this Privacy Policy, please contact Sevenhugs via e-mail at support@sevenhugs.com.

Limited Warranty

LIMITED ONE-YEAR WARRANTY Except as set forth below, Sevenhugs warrants that the hardware Product will be free from defects in workmanship and materials under normal use for a period of one (1) year from the date of purchase (the “Limited Warranty Period”). Except where prohibited by applicable law, this warranty is nontransferable and is limited to the original purchaser (you). This limited warranty is not transferable to any subsequent user of the Product or other third party. SEVENHUGS PERSONNEL ARE NOT AUTHORIZED TO ALTER THIS LIMITED PRODUCT WARRANTY. Exceptions This limited warranty does not cover any of the following Product issues: • damage or defects caused by abuse, accident, neglect, improper handling, misapplication, or by failure to use the Product in accordance with an instructions for use that are provided with the Product; • cosmetic damage, including, but not limited to, scratches or other physical damage to the surface of the Product; • damage caused by exposure to moisture, extreme temperatures or other extreme environmental conditions; • normal wear and tear of Product use; • damage caused by unauthorized opening, repair, or modification; • modifications to, or removal of, the Software; • damage caused by fire, flood or other external causes; • data connectivity issues related to the device(s) with which the Product connects or attempts to connect, including, but not limited to, the mobile device on which you have downloaded the App; • damage or problems resulting from Third-Party Products (as defined below) that may be accessed or used with the Product, or any non-Sevenhugs branded parts and/or accessories for the Product, even if sold with the Product; or • any issues related to the Software for use in connection with the Product. This limited warranty does not, under any circumstances, cover the replacement of or reimbursement for any electronic device or other item that is not a Sevenhugs Product. How to Make a Claim under the Limited Warranty To make a claim under this limited warranty, you must contact us during the Limited Warranty Period by email at support@sevenhugs.com, and provide us with a description of the Product issue. We may require you to return the Product to us, in which case a return authorization number (“RAN”) issued by Sevenhugs will be required. You will be responsible for the costs of shipping the returned Product to us. Once we receive your returned Product, we will evaluate your claim (typically within 7-10 business days) to determine whether or not the returned Product fails to conform to this limited warranty. If we determine that there is a warranted defect in the Product, we will remedy the defect as set forth below in the section titled “Sole and Exclusive Remedy.” We are not liable for Products that are damaged or lost in transit to Sevenhugs. We recommend that you ship your returned Product to us via a trackable shipment method. Sole and Exclusive Remedy Your sole and exclusive remedy for a breach of this limited warranty, and our sole and entire liability is, at our option, for us to either: (i) provide a replacement for the defective Product free of charge (including free shipping of the replacement Product), or (ii) provide you with a credit or refund equal to your purchase price for the defective Product. Replacement Products are warranted as above for the remainder of the Limited Warranty Period that applied to the original Product that was replaced. Disclaimer EXCEPT AS EXPRESSLY SET FORTH ABOVE IN THIS LIMITED WARRANTY, THE PRODUCT, INCLUDING ALL SOFTWARE, IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND SEVENHUGS EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS. SEVENHUGS DOES NOT WARRANT THAT THE PRODUCT OR SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR WILL BE ERROR-FREE, OR THAT ALL ERRORS MAY BE CORRECTED. THIRD-PARTY PRODUCTS ARE SUBJECT ONLY TO THOSE WARRANTIES EXTENDED BY SUCH THIRD PARTIES. Some states or other jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so such limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction. In any event, any implied warranties that may exist under the laws of your jurisdiction are limited to the one (1) year period set forth in the limited warranty described above. 5. Limitation of Liability. IN NO EVENT SHALL SEVENHUGS BE LIABLE UNDER ANY LEGAL THEORY OR FORM OF ACTION FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR COST OF SUBSTITUTE GOODS) IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS ARISING OUT OF OR RELATED TO THE PRODUCT (INCLUDING THE SOFTWARE) OR ITS USE, EVEN IF SEVENHUGS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY IN CONNECTION WITH ANY CAUSES OF ACTION ARISING UNDER WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS RELATED TO THE PRODUCT OR ITS USE (NOT ATTRIBUTABLE TO PERSONAL INJURIES) EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCT. THESE EXCLUSIONS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. 6. Third-Party Providers. The Product and Software require certain products and services provided by third parties in order to function (“Third-Party Providers”). A list of such Third-Party Providers is posted on our Website at [URL], along with the applicable terms and conditions of use for each product or service provided by such Third-Party Providers (the “Third-Party Terms”). Sevenhugs may update the list of Third-Party Providers from time to time. Such updates will be posted to the Website, along with any additional Third-Party Terms. By using the Product and the Software, you expressly agree to be legally bound by all applicable Third-Party Terms. It is your responsibility to check the Website from time to time changes to the Third-Party Providers and additional Third-Party Terms. 7. Third-Party Products. One of the most valuable features of our Product is that you have the ability to use it with your third-party at-home devices, such as your television and your home thermostat, and with other third-party service providers, such as Uber (collectively, “Third-Party Products”). Sevenhugs does not endorse any Third-Party Products that integrate with our Product, and Sevenhugs makes no representations or warranties with regard to the accuracy, availability, suitability, or safety of such Third-Party Products. In some cases, in order to use our Product with such Third-Party Products, you may be required to create an account with the applicable Third-Party Product provider and agree to their terms and conditions of use. It is solely your responsibility to review and agree to any and all applicable terms and conditions associated with such Third-Party Products. 8. Indemnification. You agree to defend, indemnify, and hold Sevenhugs, our affiliates, and our and their respective shareholders, officers, directors, employees, agents, successors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal fees, arising or resulting from: (i) your breach of this Agreement (including any Third-Party Terms) or (ii) your negligence or willful misconduct in using the Product and Software (including any claims of property damages or personal injury). We will provide notice to you of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter. 9. Miscellaneous. The Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York, Borough of Manhattan for purposes of any dispute. Our failure to act on or enforce any provision of the Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against us unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and will not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Terms of Service

Sevenhugs Product Terms Please read the following terms and conditions and limited warranty (these “Product Terms”) before you purchase the Sevenhugs Smart Remote product, since they are legal terms that govern your use of our product, and the related software, firmware and documentation (collectively, the “Product”). The Product has been provided to you by 7hugs Labs SAS (“Sevenhugs,” “we,” “us,” or “our”). If you misplace your copy of these Product Terms, you may access them on our website (the “Website”) at sevenhugs.com. Use of our Product requires you to download the Sevenhugs mobile application (the “App”). Your use of the App is subject to separate terms and conditions of use (the “App Terms”), which are incorporated into these Product Terms. In addition, your use of our Product and App is also governed by the terms and conditions of our privacy policy (the “Privacy Policy”) at sevenhugs.com/legal/#privacy_policy, both of which are incorporated herein by reference. These Product Terms, the App Terms, and the Privacy Policy are collectively referred to as the “Agreement.” BY PURCHASING OR USING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT. IF YOU DO NOT AGREE TO THE AGREEMENT, DO NOT PURCHASE OR USE OUR PRODUCT. 1. Use of the Product; Grant of License. You agree that your use of the Product is solely for your personal, noncommercial purposes. You shall use the Product in accordance with our instructions, and you may not purchase Products with the intention of reselling them, or otherwise act as a distributor of the Products. Subject to the terms of this Agreement, we grant you a non-exclusive, non-transferable, limited license to use the software and firmware embedded in our Product (the “Software”), solely for the purpose of operating the Product. You may not remove the Software from the Product, or transfer the Software to any other device. You agree not to copy, modify, reverse engineer, decompile, or disassemble the Product or the Software. We may, from time to time, make updates or upgrades to the Software available to you. Any and all of such updates or upgrades shall be deemed the Software, and shall be subject to the terms of this Agreement. You acknowledge that, as between you and Sevenhugs, we own all right, title, and interest in and to the Software, the Product, and all intellectual property related thereto. Except for the limited license granted in this Section, we do not grant you a license to our intellectual property, whether express, implied, by estoppel or otherwise, or grant you the right to make or have made any Product or to use the Product beyond the scope of the Agreement. Nothing in the Agreement limits our ability to enforce our intellectual property rights. You are solely responsible for making sure that the way you use the Product and the Software complies with applicable laws, regulations and governmental policies. It is solely your responsibility to make sure the Product is suitable for your particular use. 2. App Terms. In order to use the Product, you will be required to download our App and create a user registration. Your use of the App is governed by the additional terms and conditions set forth in the App Terms. 3. Collection and Use of Data. When you create a user registration and whenever the Product, the Software or the App are being used, Sevenhugs may receive certain information about you and your devices, device usage, configurations, network connectivity, location, and other related information. We and/or third parties may use, process, store and share this information in order to operate and improve and products and services and for other purposes. However, our use and sharing of any personal information that we may collect about you will be in accordance with our Privacy Policy (https://sevenhugs.com/legal/#privacy_policy).

Return Policy

Sevenhugs offers a 30-day return policy for all purchases made on Sevenhugs.com from the date your order is delivered. If you need to initiate a return, please contact us at support@sevenhugs.com. Please note, the device must also be received in its original condition (undamaged) to be eligible for a full refund. Any original shipping and handling charges are not refundable. Shipping and handling for non-warranty returns are the responsibility of the customer.