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Terms & Conditions

Legal

Privacy Policy

Sevenhugs Privacy Policy
 (Last Updated September, 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 downloading and registering to use 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 at www.sevenhugs.com/legal or Terms of Use www.sevenhugs.com/legal.

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.

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).

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. Currently, Sevenhugs uses Braintree to process credit card transactions. By making a purchase on the Website, you agree to be bound by Braintree’s terms and conditions and privacy policy, which are available at https://www.braintreepayments.com/legal.

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.

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 the App, and in an ongoing effort to improve our Product and our App, we automatically collect certain information when you use the Product and the App, 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 and Remarketing.

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
For Mixpanel, please visit https://mixpanel.com/legal/privacy-policy/
For Elastic Search, please visit https://www.elastic.co/legal/privacy-statement
For Signifyd, please visit https://www.signifyd.com/privacy/

We also use one or more third-party remarketing services to advertise on third-party websites to previous visitors to our Site. These third-party remarketing service providers use cookies to serve ads based on a past visit to the Site. Any data collected by such third party remarketing service providers will be used in accordance with this Privacy Policy and the privacy policy of such third party remarketing services provider. For more information on such third party remarketing service providers, including how to opt out from certain data collection, please visit the following links:

For Google Adwords, you can set preferences for how Google advertises to you using the Google Ad Preferences page at https://adssettings.google.com/authenticated, and if you want to, you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.

For Facebook, you can set ad preferences by following the instructions here:
https://www.facebook.com/help/568137493302217

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.

Product Terms of Use and Limited
Warranty

Sevenhugs Product Terms and Limited One-Year Warranty

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 Sevenhugs, Inc. (“Sevenhugs,” “we,” “us,” or “our”). If you misplace your copy of these Product Terms, you may access them on our website (the “Website”) at www.sevenhugs.com/legal.
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 www.sevenhugs.com/legal, 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.

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 that is both embedded in our Product and used in connection with 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.

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.

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 our 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 at www.sevenhugs.com/legal.

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 you access or use with the Product, whether or not integration with the Product is intended or approved by Sevenhugs, 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 15 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. 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.

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 certain Third-Party Providers is posted on our Website at www.sevenhugs.com/legal, along with any applicable terms and conditions of use for each product or service provided by Third-Party Providers that require such terms and conditions to be passed down to you (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. For the avoidance of doubt, Sevenhugs may integrate with certain third-party software that do not have separate Third-Party Terms and do not require your separate consent. Such third-party software may not be set forth on our Website.

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 or the underlying software associated with such Third-Party Product, even if the Third-Party Product was enabled using our proprietary application programming interface (API) or software developer kit (SDK). Further, Sevenhugs makes no representations or warranties with regard to the accuracy, availability, suitability, or safety of such Third-Party Products or their underlying software.

In some cases, in order to use our Product with such Third-Party Products, you may be required to (a) download the applicable software for the Third-Party Product, and/or (b) 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.

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.

Miscellaneous.

The Agreement and any action related thereto will be governed by the laws of the State of Delaware 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 Delaware 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 Sale

Please read the following terms and conditions of sale (the “Terms of Sale”), since they are legal terms that govern the sale of our Smart Remote Product. Capitalized terms not defined in these Terms of Sale shall have the meaning set forth in our Terms of Use at www.sevenhugs.com/legal our Product Terms at www.sevenhugs.com/legal and/or our Privacy Policy at www.sevenhugs.com/legal. BY MAKING PRODUCT PURCHASES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT. IF YOU DO NOT AGREE TO THE AGREEMENT, YOU MAY NOT PURCHASE OUR PRODUCTS.
We may, at any time, modify, change or add to these Terms of Sale, and any such modifications will be effective immediately upon posting on the Website. We suggest that you periodically check these Terms of Sale for modifications. Your purchase of any Products after the posting of any changes to the Agreement constitutes your acceptance of and agreement to be legally bound by such changes.

Order Placement, Acceptance, and Cancellation.

Orders may be placed directly on the Website by following the purchase prompts. Your receipt of an order confirmation from Sevenhugs, in electronic or other form, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled, we will immediately issue a refund to your credit card account in the amount of the charge and notify you that your order was canceled. In addition, we may, in our sole discretion, limit the quantities that an individual or a household may purchase in a single order or in multiple orders, and we may impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion in compliance with applicable law.
By placing an order for Products, you agree that you will comply with the Product Terms in connection with your use of such Products, including, without limitation, that you will use the Product only in a lawful manner, for personal use, and not for resale.

Prices and Payments

All Product prices are listed on the Website on the applicable Product pages. Prices are in U.S. dollars and may change from time to time without notice. You agree to pay in full at the time of placing an order using any major credit card accepted by Sevenhugs. Prices listed are exclusive of federal, state, and local sales, use, excise, or similar taxes, or shipping fees, and you will be liable for such taxes and fees. All applicable fees and taxes, including shipping fees, shall be added to your order at the time of check out.

Shipping and Delivery

Sevenhugs uses reliable third-party carriers such as UPS and Fed-Ex to delivery our Products to you. Sevenhugs offers free shipping in the following territories: United States. Shipping fees for all other countries will be applied at the time of check out. All delivery times provided for in an order confirmation represent approximate delivery times, and actual delivery times may vary as a result of events outside of our control. We shall not be liable for any damages (including, without limitation, any incidental or consequential damages) arising from its failure to deliver or delay in delivering the Products purchased hereunder. You bear all risk of loss and damage to the Products from the time the Products leave our warehouse or fulfillment house. Delivery is deemed complete and title to the merchandise passes to you upon acceptance of shipment by a common carrier.

  Returns for US customers only

We want all of our customers to be happy with purchases made through our Website. If you are unhappy with your order, we will accept Product returns if received by us within thirty (30) days of the date of delivery, subject to the requirements set forth in this Section. To initiate a return, please email us at support@sevenhugs.com. After emailing us, if you are eligible for a return, we will issue you a RAN to include with your return shipment. You are solely responsible for the cost of return shipping to us. 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. Upon our receipt of the Product at our warehouse, we will inspect the Product and process the return. After the return has reached our facility, please allow for 20 business days for the refund to be credited to your account. All returns are subject to a restocking fee equal to ten percent (10%) of the full Product price. The restocking fee will be deducted from your refund. Notwithstanding the foregoing, only orders that meet the following requirements shall be eligible for returns: To the extent possible, Products must be returned in their original packaging with all tags still attached, and complete with all parts and accessories. Products must be in new condition and must not be used, altered, or damaged. If you are unable to comply fully with this return policy, you may not be entitled to a refund, in whole or in part, at our sole discretion.

Errors and Inaccuracies

We attempt to be as accurate as possible with Product descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error, error in pricing, or Product information error, we shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price or with incorrect information. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a refund to your credit card account in the amount of the charge and advise you of the canceled order.

Disclaimer

EXCEPT FOR THE LIMITED WARRANTY DESCRIBED IN OUR PRODUCT TERMS, THE PRODUCTS, INCLUDING ALL SOFTWARE, ARE 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. 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 in the Product Terms.

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 PRODUCTS, 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 PRODUCTS (NOT ATTRIBUTABLE TO PERSONAL INJURIES) EXCEED $100. THESE EXCLUSIONS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Website Terms of Use

Sevenhugs, Inc. (“Sevenhugs,” “we,” “us,” or “our”) welcomes you. We provide you access to our website (the “Website”), subject to the following terms of use (the “Terms of Use”), which may be updated by us from time to time without notice to you. By accessing the Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any terms of the Agreement, please do not use the Website.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ THEM.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

1. RESTRICTIONS

The Website is available only to individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. If you are under the age of 13, you may use the Website only with the consent of your parent or guardian.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice and without reason.

2. PRODUCT AND MOBILE APP

Your use of our of our product, and the related software, firmware and documentation (the “Product”), and our mobile application that is used in connection with our Product (the “App”) are governed, respectively, by our Product Terms and One-Year Warranty at www.sevenhugs.com/legal and our App Terms, which can be found on our App. If you purchase the Product on our Website, your purchase is governed by our Terms of Sale at www.sevenhugs.com/legal. Please refer to these separate terms if and when you make a purchase, download our App, and/or use our Product. All such separate terms and conditions are incorporated into these Terms of Use by this reference to the extent applicable to you.

3. COMMUNITY GUIDELINES

By accessing the Website, you agree that:

You will comply with all applicable laws in your use of the Website and will not use the Website for any unlawful purpose;

You will not access or use the Website to collect any market research for a competing business;

You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

You will not interfere with, or attempt to interrupt the proper operation of, the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Content (as defined below), data, files, or passwords related to the Website through hacking, password or data mining, or any other means;

You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website;

You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Website;

You will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; and

You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.

4. INTELLECTUAL PROPERTY

The Website may contain material, such as text, graphics, photographs, images, and other material (collectively referred to as the “Content”) provided by or on behalf of Sevenhugs. The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

You may view all Content for your own personal, non-commercial use. No other use is permitted without the prior written consent of Sevenhugs. Sevenhugs and its licensors retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.

If you violate any part of this Agreement, your permission to access the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Sevenhugs (the “Sevenhugs Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Sevenhugs. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Sevenhugs Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Sevenhugs Trademarks inures to our benefit.

Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

5. COMMUNICATIONS WITH AND SUBMISSIONS TO US

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, ratings, feedback, questions, comments, suggestions, and the like, we shall be free to use any ratings data, ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

6. NO WARRANTIES; LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT SEVENHUGS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND ANY OTHER DATA OR INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE ACCURATE OR COMPLETE.

YOU ACKNOWLEDGE THAT THE WEBSITE MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES. CONSEQUENTLY, THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE OR CONTENT WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES NOT ATTRIBUTABLE TO PERSONAL INJURIES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE OR THE CONTENT SHALL BE LIMITED TO FIFTY UNITED STATES DOLLARS (US $50).

SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

7. EXTERNAL SITES

The Website may contain links to third-party websites (“External Sites”). If the Website contains any such links, they are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

8. INDEMNIFICATION

You agree to defend, indemnify, and hold us and our owners, members, officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content or the Website; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall 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. COMPLIANCE WITH APPLICABLE LAWS

The Website is based in the United States. We make no claims concerning whether the Content may be viewed or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

10. TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability. Sections 3-15 shall survive the termination of this Agreement.

11. CONTROLLING LAW

This Agreement and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.

12. BINDING ARBITRATION

In the event of a dispute arising under or relating to this Agreement, the Content, or the Website (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 13 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

13. CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14. EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Delaware for purposes of any such action by us.

15. MISCELLANEOUS

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall 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 shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Copyright 2018 Sevenhugs, Inc. All rights reserved.

Mobile App Terms of Use

Sevenhugs, Inc. (“Sevenhugs,” “we,” “us,” or “our”) welcomes you. We provide you access to mobile application (the “App”), which enables you to use our proprietary Smart Remote product (the “Product”), subject to the following terms of use (the “App Terms of Use”), which may be updated by us from time to time without notice to you.

Use of our Product requires you to download this App. Your use of the Product is subject to separate terms and conditions of use (the “Product Terms”), which are incorporated into these App Terms of Use by reference. 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 www.sevenhugs.com/legal, 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.” If you do not agree to any terms of the Agreement, please do not use the App.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ THEM.

Capitalized terms not defined in these App Terms of Use shall have the meaning set forth in our Privacy Policy and/or our Product Terms.

1. RESTRICTIONS

The App is available only to individuals aged 13 years or older, and only available to United States residents. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. If you are under the age of 13, you may use the App only with the consent of your parent or guardian. If you reside outside of the United States you will not be able to download the App.

We reserve the right, in our sole and absolute discretion, to deny you access to the App, or any portion of the App, including by closing or disconnecting your account, without notice and without reason.

2. COMMUNITY GUIDELINES

By accessing the App, you agree to comply with these community guidelines (the “Community Guidelines”) and that:

You will comply with all applicable laws in your use of the App and will not use the App for any unlawful purpose;

You will not access or use the App to collect any market research for a competing business;

You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

You will not interfere with, or attempt to interrupt the proper operation of, the App through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Content (as defined below), data, files, or passwords related to the Website through hacking, password or data mining, or any other means;

You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the App;

You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the App;

You will not use any robot, spider, scraper, or other automated means to access the App for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the App for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;

You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.

3. ACCESS

When you first download the App you will be asked to provide your email address. Thereafter, every time you open the App, your saved settings, including your Product, your devices, and your rooms, will be saved. Should you delete the App and wish to reinstall it using a different mobile device, your settings will be recalled when you connect your Product to the App.

4. FEES

Access to, and usage of, the App is free of charge.

The App may require data access, and the provider of such data access (e.g., network operator, wireless carrier, etc.) for your device may charge you data access and other fees in connection with your use of the App, including, without limitation, wireless carrier messaging and other communication, messaging, and data fees and charges, as applicable. You shall be responsible, at your sole cost and expense, for obtaining and paying for wireless access, and under no circumstances will Sevenhugs be responsible for any such data access fees or charges in connection with your use of the App.

5. INTELLECTUAL PROPERTY

The App is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, Sevenhugs and our licensors exclusively own all right, title, and interest in and to the App, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the App.

The App contains material, such as videos, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Sevenhugs (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

You may view all Content for your own personal, non-commercial use. No other use is permitted without the prior written consent of Sevenhugs. Sevenhugs and its licensors retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.

If you violate any part of this Agreement, your permission to access the Content and the App automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Sevenhugs (the “Sevenhugs Trademarks”) used and displayed on the App are registered and unregistered trademarks or service marks of Sevenhugs. Other company, product, and service names located on the App may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Sevenhugs Trademarks, the “Trademarks”). Nothing on the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Sevenhugs Trademarks inures to our benefit.

Elements of the App are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

If you decide to use the App, subject to your compliance with the terms and conditions of the Agreement, Sevenhugs grants you a limited, non-exclusive, non-transferable, revocable right for you to install, access, and use the App on your device solely for your personal use in connection with the services provided via the App. We reserve all rights in the App not expressly granted to you in this section.

6. USER CONTENT; LICENSES

The App allows you to post and upload content about you and your home devices that are controlled by and used with the Product (collectively, “User Content”). We collect, process, store, transmit, and otherwise handle User Content in accordance with our Privacy Policy. YOU, AND NOT SEVENHUGS, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE APP. The App also allows you to upload images to use as wallpaper on the App to help indicate various rooms of your home in which you use the Product. The images you upload as background wallpaper are also considered User Content hereunder.

You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised.

If you submit User Content to us, each such submission constitutes a representation and warranty to Sevenhugs that you have the right to provide the User Content, that you have the rights necessary to grant the license to the User Content under the prior paragraph, and that it and its use by Sevenhugs and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates this Agreement.

7. COMMUNICATIONS WITH AND SUBMISSIONS TO US

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, ratings, feedback, questions, comments, suggestions, and the like, we shall be free to use any ratings data, ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

8. NO WARRANTIES; LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT SEVENHUGS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND ANY OTHER DATA OR INFORMATION PROVIDED THROUGH THE APP WILL BE ACCURATE OR COMPLETE.

YOU ACKNOWLEDGE THAT THE APP MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES. CONSEQUENTLY, THE APP AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE APP OR CONTENT WILL OPERATE ERROR-FREE OR THAT THE APP, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE APP OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE SERVICES, OR THE CONTENT SHALL BE LIMITED TO FIFTY UNITED STATES DOLLARS (US $50).

SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THESE APP TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

9. EXTERNAL SITES

The App may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

Without limiting the generality of the foregoing, the App may contain social media widgets, such as, by way of example, the Facebook “Share” button, allowing you to share Content from the App on third-party Apps such as Facebook. Your use of these widgets, and any Content sharing that you do on third-party Apps, is subject to the terms of use and privacy policies of the third-party Apps, such as Facebook’s terms of use and privacy policy.

10. REPRESENTATIONS; WARRANTIES; AND INDEMNIFICATION

(a) You hereby represent, warrant, and covenant that:

You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your User Content and any other works that you incorporate into your User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;

Use of your User Content in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and

You shall not submit to the App any User Content that violates our Community Guidelines set forth above or any other term of this Agreement.

(b) You agree to defend, indemnify, and hold us and our owners, members, officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content or the App; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall 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.

11. COMPLIANCE WITH APPLICABLE LAWS

The App is based in the United States. We make no claims concerning whether the Content may be appropriate for use outside of the United States. If you access the App or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

12. TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the App, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the App at any time without prior notice or liability. Sections 4-16 and Section 18 shall survive the termination of this Agreement.

13. CONTROLLING LAW

This Agreement and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.

14. BINDING ARBITRATION

In the event of a dispute arising under or relating to this Agreement, the Content, or the App (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 16 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

15. CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16. EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Delaware for purposes of any such action by us.

17. DOWNLOADING THE APP.

We make the App available through the Apple App Store. The following terms apply when you download the App from Apple’s App Store. These terms are in addition to all other terms contained in the Agreement.

You acknowledge and agree that (i) the Agreement is concluded between you and Sevenhugs only, and not Apple; and (ii) Sevenhugs, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

In the event of any failure of any of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the applicable App to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between Sevenhugs and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Sevenhugs.

You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, as between Sevenhugs and Apple, Sevenhugs, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by the Agreement.

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App against you as a third-party beneficiary thereof.

18. MISCELLANEOUS

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall 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 shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Copyright 2018 Sevenhugs, Inc. All rights reserved.