• Terms of Service

    Last Updated: May 25, 2018

    Amaryllo International B.V. and its subsidiaries and affiliates (collectively, “Amaryllo”, “we” or “us”) provides: (1) an Amaryllo user account website that may be accessed at www.amaryllo.eu, www.SoteriaAI.com, www.amaryllousa.com and other www.amaryllo.eu sub-domains (each a “Site”), (2) services accessible through the Sites (“Web Apps”), and (3) software that may be downloaded to your mobile device, such as smartphone or tablet, to access services (“Mobile Apps”, together with the Sites and Web Apps, the “Services”), all for use in conjunction with Amaryllo hardware products (“Products”) and in other ways that Amaryllo provides. Some Amaryllo products and Services can be used together or in ways that integrate with products and services from third parties. These Terms of Service (“Terms”) govern your access to and use of the Services.

     

    THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE SERVICES (INCLUDING THE SITES), YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD DISCONNECT YOUR PRODUCTS FROM YOUR ACCOUNT (AS DESCRIBED BELOW) AND CEASE ACCESSING OR USING THE SERVICES.

     

    AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE SERVICES AND OF THE PRODUCTS CONNECTED TO THE SERVICES. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SERVICES.

    AS DESCRIBED BELOW, SECTIONS 4 AND 5 DESCRIBE IMPORTANT LIMITATIONS OF THE SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING AND ACCEPTING THEM.

     

    1. Overview, Eligibility, Customer Service, Term and Termination
     

    (a) Overview and Relation to Other Agreements. These Terms govern your use of the Services. Your purchase of any Product is governed by Amaryllo's Limited Warranty and may further be governed by Amaryllo's Terms and Conditions of Sale. The software embedded in the Product (and any updates thereto) (“Product Software”) is licensed and governed by Amaryllo's User License Agreement. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features. For example, your use of Amaryllo Cloud service (“Amaryllo Cloud Service”) is subject to the terms of service applicable to Amaryllo Cloud Service (“Cloud Terms”). All additional guidelines, terms, or rules and Amaryllo's Privacy Policy are incorporated by reference into these Terms and you are agreeing to accept and abide by them by using the Services. If any additional guidelines, terms or rules are inconsistent with these Terms, those additional guidelines, terms or rules will control.

     

    (b) Eligibility. You may use the Services only if you can form a binding contract with Amaryllo, and only if you are in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules, and regulations. Any use or access to the Services by anyone under the age of 18 is strictly prohibited and is a violation of these Terms. The Services are not available to any users previously prohibited from using the Services by Amaryllo.

     

    (c) Customer Service. If you have any questions or concerns regarding the Products, the Services, or these Terms, please contact Amaryllo at support.ai@anaryllo.eu.

     

    (d) Term and Termination. These Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. At any time, Amaryllo may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you if Amaryllo in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms or rules. If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or Services under your Account (as defined below) and will need to register for a separate Account with Amaryllo.

    (e) Effect of Termination. Upon termination of these Terms, your Account and your right to use the Services will automatically terminate.

     

    2. Accounts
     

    To use the Services, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any Dutch, U.S. or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account, and to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify Amaryllo of any unauthorized use, or suspected unauthorized use, of your Account or any other breach, or potential breach, of security. Amaryllo is not liable for any loss or damage arising from or in connection with your failure to comply with the above requirements.

     

    3. Access to Services
     

    (a) Access and Use. Subject to your compliance with these Terms and your payment of any applicable fees, Amaryllo grants you a limited, non-transferable and non-exclusive right (without the right to sublicense) to access and use the Services by (i) using the Web Apps in connection with, and solely for the purpose of, controlling and monitoring the Products installed on your property or otherwise accessing a service explicitly provided by Amaryllo for your use (the “Permitted Purpose”), and (ii) installing and using the Mobile Apps solely on your own handheld mobile device (e.g., iPhone, iPad, or Android smartphone) and solely for the Permitted Purpose.

     

    (b) Automatic Software Updates. Amaryllo may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and/or the Product Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services and the Product. If you do not terminate a previously created Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Services and the Product and you agree to promptly install any Updates Amaryllo provides. Your continued use of the Services and the Product is your agreement to (i) these Terms with respect to the Services, and (ii) Amaryllo's User License Agreement with respect to updated Product Software.

     

    (c) Interface to Third Party Products and Services. Over time, Amaryllo may provide the opportunity for you to interface the Products and Services to one

    or more third party products and services, through and using the Services (“Third Party Products and Services”). You agree that Amaryllo may exchange information and control data regarding you and your products, including your personal information, in order to enable such interface. Once this information is shared with the Third Party Product or Service, its use will be governed by the third party's privacy policy and not by Amaryllo's privacy documentation. You acknowledge and agree that Amaryllo makes no representation or warranty about the safety of any Third Party Products or Services. Accordingly, Amaryllo is not responsible for your use of any Third Party Product or Service or any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to your use of any Third Party Products or Services. You should contact the third party with any questions about their Third Party Products and Services.

     

    (d) Certain materials may be displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, video, images, and illustrations (“Content”). The Content also includes information that you and other users provide us in the course of using the Services (collectively, “User Submissions”), which we may use to provide, maintain and improve the Services. Some content may be visible to others (for example, the Service allows you to upload, post, or otherwise share video content). You may also post feedback, comments, questions, or other information on the Sites. You are solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, or that you contribute in any manner to the Services; you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it; and you license to Amaryllo all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. Amaryllo reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all.

     

    (e) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (iii) you agree not to access the Services in order to build a similar or competitive service; (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Product, the Product Software, or any other system, device or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by Amaryllo; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.

     

    (f) Open Source. Certain items of independent, third party code may be included in the Web Apps and/or Mobile Apps that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. In particular, nothing in these Terms restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL.

     

    (g) Privacy Policy. Please review Amaryllo's Privacy Policy. Amaryllo's Privacy Policydescribes practices regarding the information that Amaryllo may collect from users of the Products and Services, including any Content or User Submissions.

     

    (h) Security. Amaryllo cares about the integrity and security of your personal information. However, Amaryllo cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

     

    (i) Modification. Amaryllo reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Amaryllo will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

     

    (j) Access Outside Certain Countries. Although the Sites are accessible worldwide, the Products and Services provided or accessed through or on the Sites are not available to all persons or in all countries. If you choose to access the Sites from outside a country in which Amaryllo supports the Product and Services listed in Amaryllo's Terms and Conditions of Sale (“Target Country”), you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Sites are not designed for use in a non-Target Country and some or all of the features of the Sites may not work or be appropriate for use in such a country. To the extent permissible by law, Amaryllo accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Sites or Amaryllo Products in a non-Target Country. You will be bound by these Terms wherever you access or use the Sites or use the Services.

     

    (k) Electronic Communications. When you use any Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on the Sites or through the other Amaryllo Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

     

    4. Agreed Usage and Limitations of Amaryllo Services


    (a) Intended Use of Amaryllo Services. The Services are intended to be accessed and used for non-time-critical information and control of Amaryllo products. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Amaryllo's control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Amaryllo is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications.

     

    (b) No Life-Safety or Critical Uses of the Services. You acknowledge and agree that the Products and Services, whether standing alone or when interfaced with third-party products or services are not certified for emergency response. Amaryllo makes no warranty or representation that use of the Products or Services with any third-party product or service will affect or increase any level of safety. YOU UNDERSTAND THAT THE PRODUCTS AND SERVICES, WHETHER STANDING ALONE OR INTERFACED WITH THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM – AMARYLLO WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. In addition, the Amaryllo customer support contacts cannot be considered a lifesaving solution for people at risk in the home, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services or appropriate authorities.

     

    (c) Reliability of Notifications. You acknowledge that the Services, including remote access and mobile notifications, are not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive notifications in any given time or at all. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON YOUR AMARYLLO PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. The information provided by Amaryllo on what to do in an emergency is based on authoritative safety sources, but there is no way for Amaryllo to provide specific information relating to a situation in your home or elsewhere. You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.

    (d) Temporary Suspension. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate and Amaryllo will not be held liable for such suspensions. Amaryllo does not offer any specific uptime guarantee for the Services.

     

    (e) System Requirements. The Services will not be accessible without: (i) a working Wi-Fi network in your home that is positioned to communicate reliably with the Products; (ii) an Account; (iii) mobile clients such as a supported phone or tablet (required from some functionality); (iv) always-on broadband Internet access in your home; and (v) other system elements that may be specified by Amaryllo. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.

     

    (f) The Services provide you with information (“Product Information”) regarding the Products in your home and their connection with other products and services. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing Product Information through the Services is not a substitute for direct access of the information in the home.

     

    (g) All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such Content originated and Amaryllo will not be liable for any errors or omissions in any Content. Amaryllo cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we cannot guarantee the authenticity of any data that users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.

     

    (h) You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Amaryllo; (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; (vi) jeopardizes the security of your Amaryllo Account or anyone else's Account (such as allowing someone else to log in to the Services as you); (vii) attempts, in any manner, to obtain the password, account, or other security information from any other user; (viii) violates the security of any computer network, or cracks any passwords or security encryption codes; (ix) runs Maillist, Listserv, or any form of auto-responder or “spam” on the Services, or any processes that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); (x) copies or stores any significant portion of the Content; or (xi) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

     

    5. Limitations of Amaryllo Services due to Third Parties
    (a) General. Amaryllo Services rely on or interoperate with third party products and services. These third party products and services are beyond Amaryllo's control, but their operation may impact or be impacted by the use and reliability of the Amaryllo Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers, (ii) these third party products and services may not operate in a reliable manner 100% of the time, and they may impact the way that the Amaryllo Services operate, and (iii) Amaryllo is not responsible for damages and losses due to the operation of these third party products and services.

     

    (b) Third Party Service Providers Used By Amaryllo. You acknowledge that Amaryllo uses third party service providers to enable some aspects of the Services, such as data storage, synchronization, and communication through third party service providers, and mobile device notifications through mobile operating system vendors and mobile carriers. YOU AGREE NOT TO RELY ON THE SERVICES FOR ANY LIFE SAFETY OR TIME-CRITICAL PURPOSES.

     

    (c) Equipment, ISP, and Carrier. You acknowledge that the availability of the Services is dependent on (i) your computer, mobile device, home wiring, home Wi-Fi network, and other related equipment (“Equipment”), (ii) your Internet service provider (“ISP”), and (iii) your mobile device carrier (“Carrier”). You acknowledge that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the Services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and Carrier.

     

    (d) Third Party Products and Services that Work With Amaryllo Services. Amaryllo may provide the opportunity for you to interface to Third Party Products and Services. Although such products and services are offered by Amaryllo, you acknowledge that Third Party Products and Services that you connect to your account or interface with are not Amaryllo products and services and you acknowledge and agree that Amaryllo does not control, and that these Terms do not apply to, any Third Party Products and Services. Use of any Third Party Products and Services is governed by separate terms and conditions provided by the operator(s) of the applicable Third Party Products and Services. You acknowledge and agree that Amaryllo makes no representation or warranty about the safety of any Third Party Products or Services. Accordingly, Amaryllo is not responsible for your use of any Third Party Product or Service or any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to your use of any Third Party Products or Services. You should contact the Third Party with any questions about their Products and Services.

     

    (e) App Stores. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that these Terms are between you and Amaryllo and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

     

    (f) Third Party Website Links and Referrals. The Sites may contain links to other web sites operated by third parties (“Third Party Sites”) and referrals to third party vendors (“Referred Vendors”). Such Third Party Sites and Referred Vendors are not under our control. Amaryllo provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites or Referred Vendors. Your use of these Third Party Sites is at your own risk.

     

    (g) Release Regarding Third Parties. Amaryllo is not responsible for third parties or their products and services, including, without limitation, the App Stores, Third Party Products and Services, Third Party Sites, Referred Vendors, Equipment, ISPs, and Carriers. Amaryllo hereby disclaims and you hereby discharge, waive and release Amaryllo and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services.

     

    6. Ownership and Intellectual Property
     

    (a) Amaryllo Property. You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Product, Product Software, and Services (i.e., the Sites, Web Apps, and Mobile Apps) are owned by Amaryllo or its affiliates or its licensors and suppliers. Your possession, access, and use of the Product, Product Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Amaryllo and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.

     

    You may only copy parts of the Services (including this Site) on to your own computer for your own personal use. You may not use the content of the Services in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own web site without the written consent of Amaryllo. You must have a license from us before you can post or redistribute any portion of the Services. Other than with respect to User Submissions, Amaryllo retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services or any content therein.

     

    (b) Feedback. You may choose to, or Amaryllo may invite you to submit comments, suggestions, or ideas about the Products or Services, including how to improve the Products or Services (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Amaryllo under any fiduciary or other obligation. Amaryllo may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Amaryllo does not waive any rights to use similar or related ideas previously known to Amaryllo, developed by its employees, or obtained from other sources.

     

    (c) User Submissions. You hereby grant us with a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right to access, display, or otherwise use your User Submissions (including all related intellectual property rights) solely in connection with providing you the Services and as directed by you. You also hereby do and shall grant each user of the Services a non-exclusive license to access and use your User Submissions through the Services and as permitted through the functionality of the Services and under these Terms. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For the avoidance of doubt, the foregoing license granted to Amaryllo does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing.

     

    7. Indemnity
     

    You agree to defend, indemnify and hold Amaryllo and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Products or Services, (ii) your violation of these Terms, (iii) any User Submissions or Feedback you provide; or (iv) your violation of any law or the rights of any third party. Amaryllo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Amaryllo and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Amaryllo's prior written consent. Amaryllo will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

     

    8. Warranty Disclaimers
     

    (a) THE WARRANTY FOR THE PRODUCT AND PRODUCT SOFTWARE ARE SET FORTH IN AMARYLLO’SLIMITED WARRANTY AND AMARYLLO’SUSER LICENSE AGREEMENT, RESPECTIVELY.

    (b) THE SERVICES (I.E., THE SITES, WEB APPS AND MOBILE APPS) ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND AMARYLLO AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

     

    (c) AMARYLLO AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMARYLLO OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.

     

    (d) AMARYLLO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE PRODUCTS OR SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND AMARYLLO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.

     

    (e) WHEN YOU INSTALL, SETUP OR USE PRODUCTS AND SERVICES LIKE THOSE PROVIDED BY AMARYLLO YOU ARE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE DAMAGE OR LEAD TO NON-RECOMMENDED OPERATION OF YOUR CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR SUCH DAMAGE WHEN YOU CHOOSE PARTICULAR SETTINGS OR SET OR ADJUST DEFAULTS.

     

    (f) AMARYLLO MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND AMARYLLO WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. AMARYLLO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.

     

    9. Limitation of Liability
     

    Nothing in these Terms and in particular within this “Limitation of Liability” section shall attempt to exclude liability that cannot be excluded under applicable law.

     

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) AMARYLLO BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS OR BENEFITS, ARISING FROM OR RELATING TO THE SERVICES OR THE PRODUCTS, EVEN IF AMARYLLO KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) AMARYLLO’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO AMARYLLO OR AMARYLLO’S AUTHORIZED RESELLER FOR THE SERVICES OR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. AMARYLLO DISCLAIMS ALL LIABILITY OF ANY KIND OF AMARYLLO’S LICENSORS AND SUPPLIERS. UNDER NO CIRCUMSTANCES WILL AMARYLLO BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

    Though we strive extremely hard by taking every possible step when it comes to protecting your data security and privacy, you shall not use Amaryllo Products and Services in any manner or for any purpose that violates any law or regulation applicable to You and us, any right of any person, including but not limited to intellectual property rights, rights of privacy, or in any manner inconsistent with our Terms of Service. You are solely responsible for ensuring that you comply with applicable law when you use Amaryllo Products and Services.

     

    10. Fees and Payment
     

    Certain aspects of the Services may be provided for a fee. You shall pay all applicable fees, as described on one or all of the Sites, in connection with such Services selected by you. Amaryllo reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on one or all of the Sites. Your continued use of the Services following such notificationconstitutes your acceptance of any new or increased charges. Any fees paid hereunder for Services are non-refundable, even if you stop using the Services. Please refer to Amaryllo's Terms and Conditions of Sale and Limited Warranty for returns and warranty information.

     

    11. Disputes and Arbitration
     

    (a) Contact Amaryllo First. If a dispute arises between you and Amaryllo, our goal is to learn about and address your concerns. You agree that you will notify Amaryllo about any dispute you have with Amaryllo regarding these Terms or our Products or Services by contacting Amaryllo at support.ai@amaryllo.eu.

     

    (b) Binding Arbitration. You and Amaryllo agree, subject to clause 12(c) (Protection of Confidentiality and Intellectual Property Rights), to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Services to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Service. Subject to clause 12(c) (Protection of Confidentiality and Intellectual Property Rights), any dispute or claim made by you against us or us against you arising out of or relating to these Terms or your use of the Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to the small claims tribunal in Hong Kong if they qualify for hearing by such a tribunal.

     

    (c) Arbitration Procedures. You must first present any claim or dispute to us by contacting Amaryllo at support.ai@amaryllo.eu to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 90 days after presenting the claim or dispute to Amaryllo. Amaryllo may request arbitration against you at any time after it has notified you of a claim or dispute in accordance with clause 12(f) (Notifications). The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable Hong Kong International Arbitration Centre Administered Arbitration Rules (the “Arbitration Rules”). The place of any arbitration will be Hong Kong, and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party's actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you, nor Amaryllo nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

     

    (d) No Class Actions. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).

     

    (e) Fees and Expenses. All administrative fees and expenses of arbitration will be divided equally between you and Amaryllo. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.

     

    (f) YOU MUST CONTACT AMARYLLO WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.

     

    (g) This arbitration section shall survive termination of these Terms.

     

    12. General
     

    (a) Changes to these Terms. Amaryllo reserves the right to make changes to these Terms. Amaryllo will post notice of modifications to these Terms on this page. You should ensure that you have read and agree with Amaryllo's most recent Terms when you use the Services. Continued use of the Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms.

     

    (b) Governing Law. You agree that these Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Products and Services shall be governed by the laws of Hong Kong without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts of Hong Kong for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in the above section.

     

    (c) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, Amaryllo may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

     

    (d) Entire Agreement/Severability. These Terms constitute the entire agreement between you and Amaryllo regarding the use of the Services. Any failure by Amaryllo to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.

     

    (e) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Amaryllo's prior written consent. These Terms may be assigned by Amaryllo without restriction. These Terms are binding upon any permitted assignee.

    (f) Notifications. Amaryllo may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, hard copy, or posting of such notice on www.amaryllo.eu. Amaryllo is not responsible for any automatic filtering you or your network provider may apply to email notifications. Amaryllo recommends that you add @amaryllo.eu email addresses to your email address book to help ensure you receive email notifications from Amaryllo.

     

    (g) Copyright/Trademark Information. Copyright © 2015, Amaryllo International, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Services are the property of Amaryllo or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of Amaryllo or such respective holders. Amaryllo reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.

  • Terms and Conditions of Sale

    Last Updated: May 25, 2018

    Welcome to the online store (the “Store”) provided by Amaryllo International B.V. and its subsidiaries and affiliates (“Amaryllo”, “we” or “us”). Your purchase of Amaryllo hardware products (“Products”) from the Store constitutes your agreement to be bound by these terms and conditions of sale (“Terms & Conditions”) and the terms of the Limited Warranty posted on www.amaryllo.eu. We reserve the right to change these Terms & Conditions and the terms of the Limited Warranty at any time, so please review the Terms & Conditions and the terms of the Limited Warranty each time prior to making a purchase from the Store. Every time you order Products from Amaryllo, the Terms & Conditions and the terms of the Limited Warranty in force at that time will apply between you and Amaryllo. If you have any questions regarding these Terms & Conditions, you can contact Amaryllo at support.ai@amaryllo.eu.

     

    The Store is for retail sales to private consumers only. Please contact sales.ai@amaryllo.eu if you wish to purchase wholesale supplies.

    THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR AMARYLLO PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD NOT PURCHASE THE PRODUCTS.

     

    Although the Store is accessible worldwide, the Products offered on the Store are not designed and tested for use in all countries. If you choose to access the Store and/or use the Products outside the Netherlands (the “Target Country”), as applicable, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Store is not designed for use in a non-Target Country and some or all of the features of the Store may not work or be appropriate for use in such a country. To the extent permissible by law, Amaryllo accepts no responsibility or liability for any damage or loss caused by your access or use of the Store in a non-Target Country.

     

    1. Compatibility
    You acknowledge that you have verified the compatibility of the Products you are purchasing with other equipment in your home (e.g., ensuring that your lighting fixtures are compatible with the Amaryllo iCamPRO Deluxe). You are solely responsible for determining the compatibility of the Products with other equipment in your home, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Products and does not otherwise constitute a basis for receiving a refund.

     

    2. Reservations and Pre-Orders
    Products available for reservation and pre-order are not offered for sale by Amaryllo. Your placement of a reservation and pre-order does not create a contract for sale.

     

    By placing a reservation and pre-order for a Product that is not yet available for sale, you make an offer to Amaryllo to purchase the Product subject to these Terms & Conditions. Amaryllo will obtain an authorization from your bank or credit card company and capture payment of the purchase price on the payment card you provided as a deposit for the reserved Products.

     

    You may cancel your offer to purchase Products at any time prior to shipment and we will refund the deposit for the reserved Products. Amaryllo reserves the right to deduct applicable fees in processing the cancellation of your offer.

     

    Amaryllo reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed, and we will refund the deposit for the reserved Products. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.

     

    3. Availability and Pricing
    All Products offered on the Store are subject to availability. Prices for the Products are subject to change without notice at any time but changes will not affect any order you have already placed.

     

    4. Sales Tax
    Prices for the Products do not include relevant taxes and you shall be responsible for the payment of applicable sales tax and import duties in your jurisdiction.

     

    5. Resale and Title Transfer
    Purchases made on the Store are intended for end users only, and are not authorized for resale. Title for Products purchased from the Store passes to the purchaser at the time of delivery by Amaryllo to the freight carrier, but Amaryllo and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.

     

    6. Shipping and Delivery
    Unless otherwise indicated by Amaryllo, prices for the Products do not include shipping costs. Our delivery charges are as quoted on the Store website from time to time or as confirmed by Amaryllo by email. The estimated arrival or delivery date is not a guaranteed delivery date for your order.

    The Products available on the Store have been designed, marketed and sold for use by residents of the Target Country. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English. The Products available on the Store are not intended for use outside of the Target Country. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law.

     

    7. Installation
    There may be laws in the jurisdiction that you install a particular Product applicable to where and how to install that Product. You should check that you are in compliance with all relevant laws in your jurisdiction. Amaryllo is not responsible for any injury or damage caused by self-installation. In addition, Amaryllo is not responsible for any conduct of or liability associated with any third-party installers. You should do your own diligence of the installers to select one that best fits your needs.

     

    8. Returns for Refund
    All sales are final and the Products can only be returned if it fails to conform to Amaryllo's Limited Warranty during the Warranty Period.

     

    9. Disputes and Arbitration
    (a) Contact Amaryllo First. If a dispute arises between you and Amaryllo, our goal is to learn about and address your concerns. You agree that you will notify Amaryllo about any dispute you have with Amaryllo regarding these Terms & Conditions by contacting Amaryllo at support.ai@amaryllo.eu.

     

    (b) Binding Arbitration. You and Amaryllo agree, subject to clause 9(g) (Protection of Confidentiality and Intellectual Property Rights), to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms & Conditions or your use of the Products to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Products. Subject to clause 9(g) (Protection of Confidentiality and Intellectual Property Rights), any dispute or claim made by you against us or us against you arising out of or relating to these Terms & Conditions or your use of the Products (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to the small claims tribunal in Hong Kong if they qualify for hearing by such a tribunal.

     

    (c) Arbitration Procedures. You must first present any claim or dispute to Amaryllo by contacting Amaryllo at support.ai@amaryllo.eu to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 90 days after presenting the claim or dispute to Amaryllo. Amaryllo may request arbitration against you at any time after it has notified you of a claim or dispute in accordance with section 14 (Notifications). The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable Hong Kong International Arbitration Centre Administered Arbitration Rules (the “Arbitration Rules”). The place of any arbitration will be Hong Kong, and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what these Terms & Conditions provide, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party's actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you, nor Amaryllo nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

     

    (d) No Class Actions. There shall be no right or authority for any claims subject to this arbitration section to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).

     

    (e) Fees and Expenses. All administrative fees and expenses of arbitration will be divided equally between you and Amaryllo. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.

     

    (f) YOU MUST CONTACT AMARYLLO WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.

     

    (g) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, Amaryllo may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

     

    (h)This arbitration section shall survive termination of these Terms & Conditions.

     

    10. Warranties and Disclaimers
    As far as permitted by applicable law, the Store, and all content available on the Store, is provided on an “as is” basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All products and services purchased through the Store are provided on an “as is” basis unless otherwise noted in Amaryllo's Limited Warranty posted on www.amaryllo.eu. You may choose whether to make a claim under these Terms & Conditions or Amaryllo's Limited Warranty or both, but you may not recover twice in respect of the same loss. To initiate a return under Amaryllo's Limited Warranty, you should contact Amaryllo at support.ai@amaryllo.eu.

     

    You use a Product at your own discretion and risk. You will be solely responsible for (and Amaryllo disclaims) any and all loss, liability or damages resulting from your use of a Product, including damage or loss to your wiring, fixtures, electricity, lighting system, home, Product, other peripherals connected to the Product, computer, mobile device, and all other items and pets in your home.

    Amaryllo gives no warranty regarding the life of the batteries used in a Product. Actual battery life may vary depending on a number of factors, including the configuration and usage of a Product.

     

    11. Limitation of Liability
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) AMARYLLO BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS OR BENEFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF AMARYLLO KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) AMARYLLO’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO AMARYLLO OR AMARYLLO’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. AMARYLLO DISCLAIMS ALL LIABILITIES OF ANY KIND OF AMARYLLO’S LICENSORS AND SUPPLIERS.

     

    12. Data Protection
    By placing an order for Products, you agree and understand that Amaryllo may store, process and use data collected from your order form or phone/fax/email order for the purposes of processing the order. Amaryllo may also share such data globally within the Amaryllo group of companies. All Amaryllo companies shall protect your information in accordance with Amaryllo's Privacy Policy. Amaryllo works with other companies that help Amaryllo provide Products to you, such as freight carriers and credit card processing companies, and Amaryllo may have to share certain information with these companies for this purpose.

     

    13. Electronic Communications
    You are communicating with Amaryllo electronically when you use the Store or send email to Amaryllo. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order in the Store, we collect and store your email address. From that point forward, your email address is used to send you information about Amaryllo's products and services unless you opt-out of such emails using the opt-out link in the emails.

     

    14. Notifications
    Amaryllo may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Amaryllo account, hard copy, or posting of such notice on the Amaryllo website. Amaryllo is not responsible for any automatic filtering you or your network provider may apply to email notifications. Amaryllo recommends that you add @amaryllo.eu URLs to your email address book to help ensure you receive email notifications from Amaryllo.

     

    15. Force Majeure
    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

    16. Severability
    If any part of one or more of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will to that extend be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.

    17. Waiver
    Failure or delay by us to enforce any these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.

     

    18. Governing Law and Jurisdiction
    These Terms & Conditions are governed by the laws of Hong Kong without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts of Hong Kong for the purpose of litigating all such claims or disputes unless such claim or dispute is required to be arbitrated as set forth in an above section.

  • Limited Warranty

    Last Updated: May 25, 2018

     

    1. Scope of Limited Warranty; Period of Coverage
    Amaryllo International B.V. (“Amaryllo”) warrants to the owner of the enclosed product that the product contained in this box (“Product”) will be free from defects in materials and workmanship for a period of ONE (1) YEAR from the date of original retail purchase (the “Warranty Period”) when used in accordance with Amaryllo's user manuals. If the Product fails to conform to this Limited Warranty during the Warranty Period, Amaryllo will, at its sole discretion, (1) repair the Product using new parts or parts that are equivalent to new in performance and reliability, (2) exchange the Product with a product with equivalent functionality formed from new and/or previously used parts that are equivalent to new in performance and reliability or with your consent, a product that is at least functionally equivalent to the Product it replaces, or (3) accept the return of the Product and refund the original purchase price. This is your sole and exclusive remedy for breach of this Limited Warranty. Any Product that has either been repaired or exchanged under this Limited Warranty will be covered by the terms of this Limited Warranty for the longer of (a) ninety (90) days from the date of delivery of the repaired Product or replacement Product, or (b) the remaining Warranty Period. This Limited Warranty is transferable from the original purchaser to subsequent owners, but the Warranty Period will not be extended in duration or expanded in coverage for any such transfer. Amaryllo does not represent, warrant or guarantee that it will be able to repair or exchange any Product under this Limited Warranty without risk to and/or loss of information and/or data stored on the Product.

     

    2. Warranty Conditions
    Before making a claim under this Limited Warranty, you must (a) notify Amaryllo of the intention to claim by contacting Amaryllo at support.ai@amaryllo.eu during the Warranty Period and providing a description of the alleged failure, and (b) comply with Amaryllo's return shipping instructions. Amaryllo will have no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after examination of the returned Product, that the Product is an Ineligible Product (as defined below). Proof of purchase may be required to verify eligibility. Amaryllo will bear all costs of return shipping to you and will reimburse any shipping costs incurred by you, except with respect to any Ineligible Product, for which you will bear all shipping costs.

     

    3. Ineligible Products
    This Limited Warranty does not cover the following (collectively “Ineligible Products”): Products marked as “sample” or “Not for Sale”, or sold “AS IS”; or Products that have been subject to: (a) modifications, alterations, tampering, or improper maintenance or repairs; (b) handling, storage, installation, testing, or use not in accordance with Amaryllo's user manuals, or other instructions provided by Amaryllo; (c) abuse or misuse of the Product; (d) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or (e) Acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane. This Limited Warranty also does not cover (a) consumable parts, including batteries, unless damage is due to defects in materials or workmanship of the Product; (b) software (even if packaged or sold with the product); or (c) damages resulting from other causes that are not defects in materials and workmanship. Amaryllo recommends that you use only authorized service providers for maintenance or repair. Unauthorized use of the Product or software can impair the Product's performance and may invalidate this Limited Warranty.

     

    4. Disclaimer of Warranties
    EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMARYLLO DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMARYLLO ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY.

     

    5. Limitation of Damages
    IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL AMARYLLO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS OR BENEFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCT, AND AMARYLLO’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY OR THE PRODUCT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER.

     

    6. Limitation of Liability
    THE AMARYLLO ONLINE SERVICES (“SERVICES”) PROVIDE YOU WITH INFORMATION (“PRODUCT INFORMATION”) REGARDING YOUR AMARYLLO PRODUCTS OR OTHER PERIPHERALS CONNECTED TO YOUR PRODUCTS (“PRODUCT PERIPHERALS”). THE TYPE OF PRODUCT PERIPHERALS THAT MAY BE CONNECTED TO YOUR PRODUCT MAY CHANGE FROM TIME TO TIME. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL PRODUCT INFORMATION IS PROVIDED FOR YOUR CONVENIENCE,“AS IS”, AND “AS AVAILABLE”. AMARYLLO DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE OR THAT PRODUCT INFORMATION OR USE OF THE SERVICES OR PRODUCT WILL PROVIDE SAFETY IN YOUR HOME. YOU USE ALL PRODUCT INFORMATION, THE SERVICES, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND AMARYLLO DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY, LIGHTING SYSTEM, HOME, PRODUCT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, SERVICES, OR PRODUCT. PRODUCT INFORMATION PROVIDED BY THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT MEANS OF OBTAINING THE INFORMATION. FOR EXAMPLE, A NOTIFICATION PROVIDED THROUGH THE SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT ACCESS OF THE INFORMATION IN THE HOME AND ON THE PRODUCT, NOR FOR A THIRD PARTY MONITORING SERVICE THAT MONITORS ALARM STATE.

     

    7. General
    If any term of this Limited Warranty is held to be illegal or unenforceable, it shall be severed from this Limited Warranty and the legality or enforceability of the remaining terms shall not be affected.

     

    This Limited Warranty and the Terms and Conditions of Sale posted on www.amaryllo.eu constitute the entire agreement between you and Amaryllo relating to the subject matter hereof and supersede any previous or contemporaneous agreements and understandings, both written and oral, among you and Amaryllo with respect to the subject matter hereof.

  • Terms of Cloud

    Last Updated: May 25, 2018

    Amaryllo International B.V. and its subsidiaries and affiliates (collectively, “Amaryllo”, “we” or “us”) provides the Amaryllo Cloud service and associated software (the “Cloud Service”) subject to the following terms and conditions (“Cloud Terms”). Before using the Cloud Service, please read these Cloud Terms, all rules and policies related to the Cloud Service (including any service plan specific rules, usage restrictions and other conditions or procedures that we post or update on or through the Cloud Service or on www.amaryllo.eu), the Privacy Policy, the Terms of Service, the Terms and Conditions of Sale, the Limited Warrantyand the User License Agreementposted on www.amaryllo.eu (collectively, the “Agreement”). If you use the Cloud Service, you will be bound by the Agreement.

    1. The Cloud Service
    (a) The Cloud Service. The Cloud Service provides storage, retrieval, management and access features and functionality for your photos, videos, and other files (“Your Files”). By using the Cloud Service, you are directing us to store, manage, and provide access to Your Files on your behalf.

     

    (b) Using Your Files with the Cloud Service. You may use the Cloud Service only to store, retrieve, manage, and access Your Files for personal, non-commercial purposes using the features and functionality we make available. You may not use the Cloud Service to store, transfer or distribute content of or on behalf of third parties, to operate your own file storage application or service, to operate a photography business or other commercial service, or to resell any part of the Cloud Service. You are solely responsible for Your Files and for complying with all applicable copyright and other laws, including import and export control laws and regulations, and with the terms of any licenses or agreements to which you are bound. You must ensure that Your Files are free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.

     

    (c) Sharing Your Files. The Cloud Service may provide features that allow you to share Your Files with others. You may only share Your Files in which you have all necessary copyright and other rights. If you share a file, anyone with access to that file may view and download copies of the file. You are solely responsible for how you share Your Files and who may access Your Files that you share. You may not share files (a) that contain defamatory, threatening, abusive, pornographic, or otherwise objectionable material, (b) that advocate bigotry, hatred, or illegal discrimination, or (c) if sharing those files violates any law, any intellectual property, publicity, privacy, or other right of others, or any license or other agreement by which you are bound.

     

    (d) Third Party Services. The Cloud Service may allow you to give third party websites, apps, and services (“Third Party Services”) access to Your Files, including the ability to make copies of Your Files, modify or delete Your Files, or create new files on your behalf. The use and storage of Your Files by Third Party Services will be governed by their privacy policies and terms. Amaryllo has no responsibility or liability with respect to your use of Third Party Services or the content, functionality, or acts of Third Party Services you use.

    2. Service Plans
    (a) Service Plans; Trial Plans. The Cloud Service offers plans with different limits and fees (each a “Service Plan”). We may offer trial or promotional Service Plans (“Trial Plans”). Some Trial Plans automatically convert to a paid Service Plan at its regular price at the end of the trial or promotional period unless you choose not to upgrade. If you sign up for a Trial Plan that automatically upgrades, we will charge your credit card at the end of the Trial Plan unless you choose to cancel. Trial Plans may be subject to additional terms.

     

    (b) Fees. The price stated for each Service Plan does not include any taxes that we may charge. Payment is non-refundable, even if you stop using the Cloud Service.

     

    (c) Changing Your Service Plan. If you upgrade your Service Plan, the upgrade will take effect immediately, we will charge you the applicable fee, and your Service Plan term may be extended, as described at the time you upgrade. If you downgrade your Service Plan, unless otherwise specified, the downgrade will take effect at the end of the term of your existing Service Plan. If you no longer have a Service Plan or exceed your Service Plan's storage limit, including by downgrading or not renewing your Service Plan or no longer qualifying for an Additional Benefit (as defined below), we may delete or restrict access to Your Files.

     

    (d) Automatic Renewal. UNLESS YOU NOTIFY US BEFORE RENEWAL THAT YOU WANT TO CANCEL, YOUR PAID SERVICE PLAN WILL AUTOMATICALLY RENEW AT THE END OF ITS TERM, AND YOU AUTHORIZE US (WITHOUT NOTICE) TO COLLECT THE THEN-APPLICABLE FEE AND ANY TAXES FOR THE RENEWAL PLAN, USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU. Service Plan fees and features may change over time. Your renewal plan will be the one we choose as being closest to your Service Plan. You must use a credit card to pay for a Service Plan. Do not sign up for a Service Plan with a debit card. Also known as a “check” or “ATM” card, a debit card typically has the word “debit” printed on the face of the card.

     

    (e) Additional Service Benefits. We may offer additional Service benefits, such as incremental storage capacity or free storage of certain file types, including in connection with other products and services (“Additional Benefits”). Additional Benefits are separate from any Service Plan and are subject to any additional terms and conditions provided with the Additional Benefits or the applicable product or service.

    3. Use of the Service
    (a) Use of Your Amaryllo Account. You may only use your Service Plan in connection with one Amaryllo account. You may not share your account login information (including account username and password) with others or use anyone else's Amaryllo account login information (including username and password). You are responsible for maintaining appropriate security and protection of Your Files.

     

    (b) Usage Restrictions and Limits. The Cloud Service is offered in the Target Country as listed in Amaryllo's Terms and Conditions of Sale. We may restrict access from other locations. There may be limits on the types of content you can store and share using the Cloud Service, such as file types we don’t support, and on the number or type of devices you can use to access the Cloud Service. We may impose other restrictions on use of the Cloud Service.

     

    (c) Our Use of Your Files to Provide the Cloud Service. We may use, access, and retain Your Files in order to provide the Cloud Service to you and enforce the terms of the Agreement, and you give us all permissions we need to do so. These permissions include, for example, the rights to copy Your Files for backup purposes, modify Your Files to enable access in different formats, use information about Your Files to organize them on your behalf, and access Your Files to provide technical support. Amaryllo respects your privacy and Your Files are subject to Amaryllo's Privacy Policy.

    4. Software
    (a) Use of the Software. We may make available to you software for your use in connection with the Cloud Service (the “Software”). Your use of the Software is subject to Amaryllo's Terms of Service.

     

    (b) Information Provided to Amaryllo. The Cloud Service and the Software may provide Amaryllo with information relating to your use and the performance of the Cloud Service and the Software, as well as information regarding the devices on which you download and use the Cloud Service and the Software. For example, this information may include the device type, mobile network connectivity, location of the device, information about when the Software is launched, individual session lengths for use of the Cloud Service, content used through the Cloud Service, or occurrences of technical errors. Any information we receive is subject to Amaryllo's Privacy Policy.

    5. Changes; Suspension and Termination
    (a) Changes. We may change, suspend or discontinue the Cloud Service, or any part of it, at any time without notice. If we discontinue the Cloud Service, we will give you a prorated refund of any fees paid for your Service Plan based on the number of full months remaining in your Service Plan. You agree that you will not be entitled to any refund or rebate and we will not be held liable for any suspensions of the Cloud Service for security reasons, system failure, maintenance and repair, or other circumstances.

     

    (b) Suspension and Termination. Your rights under the Agreement will automatically terminate without notice if you fail to comply with its terms. We may terminate the Agreement or restrict, suspend or terminate your use of the Cloud Service at our discretion without notice at any time, including if we determine that your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of the Cloud Service or harms our interests or those of another user of the Cloud Service. If your Service Plan is restricted, suspended or terminated, you may be unable to access Your Files and you will not receive any refund of fees or any other compensation.

    6. General
    (a) No Waiver. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.

     

    (b) Amendment. We may amend the Agreement at our sole discretion by posting the revised terms in the Cloud Service or on www.amaryllo.eu, but any increase in fees will not affect the cost of your Service Plan during its term. Your continued use of the Cloud Service or the Software after any amendment evidences your agreement to be bound by it.

     

    (c) Contact Information. For communications concerning the Agreement, please write to Amaryllo, Attn: Legal Department, Singel 540 1017AZ Amsterdam, the Netherlands.

     

    (d) Disputes/Binding Arbitration. Any dispute or claim arising from or relating to the Agreement or the Cloud Service is subject to the binding arbitration, governing law, warranty disclaimers and limitation of liability and all other terms in the Amaryllo's Terms of Service. You agree to those terms by entering into the Agreement or using the Cloud Service.

     

    (e) Limitations of Liability. Without limiting the warranty disclaimers and limitation of liability in Amaryllo's Terms of Service: (a) in no event will our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Software exceed the amount of fifty U.S. dollars (US$50.00); (b) in no event will our total liability to you for all damages arising from your use of or inability to use the Cloud Service or information, materials or products included on or otherwise made available to you through the Cloud Service (excluding the Software), exceed the amount you paid for the Cloud Service related to your claim for damages; and (c) we have no liability for any loss, damage or misappropriation of Your Files under any circumstances or for any consequences related to changes, restrictions, suspensions or termination of the Cloud Service or the Agreement. We disclaim all liabilities of any kind of our licensors and suppliers. These limitations will apply to you even if the remedies fail of their essential purpose.

  • User License Agreement

    Last Updated: May 25, 2018

    By using the software (“Product Software”) that is embedded on the product (“Product”) of Amaryllo International B.V. and its subsidiaries and affiliates (collectively, “Amaryllo”, “we” or “us”), you agree to the terms of this User License Agreement (“ULA”) between you and Amaryllo. Your use of (a) the website located at www.amaryllo.eu, www.SoteriaAI.com, www.amaryllousa.com and other www.amaryllo.eu sub-domains (each, a “Site”), (b) services through the Sites (and any updates thereto) (“Web Apps”), and (c) certain software that may be downloaded to your mobile device (and any updates thereto) (“Mobile Apps”) is governed by Amaryllo's Terms of Service. Your purchase of the Product (excluding the Product Software) is governed by Amaryllo's Limited Warranty. This ULA does not govern your use of the Sites, Web Apps, or Mobile Apps, or your purchase of the Product (excluding the Product Software). This ULA governs your access and use of the Product Software.

     

    THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE PRODUCT SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THIS ULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THIS ULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE PRODUCT SOFTWARE AND TO ENTER INTO THIS ULA. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE PRODUCT SOFTWARE.

     

    AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE PRODUCT SOFTWARE. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE PRODUCT SOFTWARE.

     

    AS DESCRIBED BELOW, SECTION 9 DESCRIBES IMPORTANT LIMITATIONS OF THE PRODUCT SOFTWARE AND RELATED SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING AND ACCEPTING THEM.

     

    1. License
    Subject to your compliance with the terms of this ULA and your payment of any applicable fees, Amaryllo grants to you a limited, non-transferable and non-exclusive license (without the right to sublicense) to execute one (1) copy of the Product Software, in executable object code form only, solely on the Product that you own or control and solely for use in conjunction with the Product for your personal, non-commercial purposes.

    2. Restrictions
    You agree not to, and you will not permit others to, (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Product Software or make the Product Software available to any third party, (b) copy or use the Product Software for any purpose other than as permitted in Section 1, (c) use any portion of the Product Software on any device or computer other than the Product that you own or control, (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product Software, or (e) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Product Software (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact Amaryllo and provide Amaryllo an opportunity to create such changes as are needed for interoperability purposes). You may not release the results of any performance or functional evaluation of any of the Product Software to any third party without prior written approval of Amaryllo for each such release.

    3. Automatic Software Updates
    Amaryllo may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Product Software and related services (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to stop using the Product. If you do not cease using the Product, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Product and the Product Software and you agree to promptly install any Updates Amaryllo provides. Your continued use of the Product is your agreement to this ULA.

    4. Ownership
    The Product Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Amaryllo and its licensors. Amaryllo and its licensors reserve all rights in and to the Product Software not expressly granted to you in this ULA. The Product Software (and all copies thereof) is licensed to you, not sold, under this ULA. There are no implied licenses in this ULA. All suggestions or feedback provided by you to Amaryllo with respect to the Product Software shall be Amaryllo's property. Amaryllo may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Amaryllo does not waive any rights to use similar or related ideas previously known to Amaryllo, developed by its employees, or obtained from other sources.

    5. Open Source
    Certain items of software included with the Product Software are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this ULA. Instead, each item of Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in this ULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software.

    6. Term and Termination
    This ULA and the license granted hereunder are effective on the date you first use the Product Software or Product and shall continue for as long as you own the Product, unless this ULA is terminated under this section. Amaryllo may terminate this ULA at any time if you fail to comply with any term(s) hereof. You may terminate this ULA effective immediately upon written notice to Amaryllo. Upon termination of this ULA, the license granted hereunder will terminate and you must stop all use of the Product Software, but the terms of Sections 2 through 18 (inclusive) will remain in effect, after any such termination.

     

    7. Warranty Disclaimer
    NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMARYLLO PROVIDES THE PRODUCT SOFTWARE “AS IS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. AMARYLLO DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT SOFTWARE. AMARYLLO MAKES NO WARRANTY THAT THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.

     

    YOU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), THE PRODUCT SOFTWARE, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND AMARYLLO DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY,LIGHTING SYSTEM, HOME, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCT SOFTWARE, OR PRODUCT.

    8. Limitation of Liability
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) AMARYLLO BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS OR BENEFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR PRODUCT SOFTWARE, EVEN IF AMARYLLO KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) AMARYLLO’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND PRODUCT SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO AMARYLLO OR AMARYLLO’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. AMARYLLO DISCLAIMS ALL LIABILITY OF ANY KIND OF AMARYLLO’S LICENSORS AND SUPPLIERS.

    9. Limitations of Product Software
    You acknowledge that the Products and Product Software are not certified for emergency response. YOU UNDERSTAND THAT THE PRODUCTS AND PRODUCT SOFTWARE ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM– AMARYLLO DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. In addition, the Amaryllo customer support contacts cannot be considered a lifesaving solution for people at risk in the home, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services or appropriate authorities.

    The Product Software provides you with information (“Product Information”) regarding the Products in your home and their connection with other products and services. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing Product Information through the Product Software is not a substitute for direct access of the information in the home.

    10. Confidentiality
    “Confidential Information” shall mean the Product Software and all other information disclosed to you that Amaryllo characterizes as confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least three (3) years after termination of this ULA, provided, however, that any source code you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of Amaryllo. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify Amaryllo in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this ULA, and will cooperate with Amaryllo in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will (i) immediately notify Amaryllo prior to such disclosure to allow Amaryllo an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with Amaryllo in protecting against any such disclosure and/or obtaining a protective order to narrow the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.

     

    11. For Government End Users
    The Product Software is a “commercial item,” and more specifically is “commercial computer software” and “commercial computer software documentation”. The Product Software is provided to government end users only as a commercial end item and with only those rights as are granted to all other customers pursuant to the terms and conditions herein.

    12. Export Compliance
    The Product Software and related technology are subject to applicable export or import control laws and regulations. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Product Software and related technology, as may be required. You will indemnify and hold Amaryllo harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney's fees) arising from or relating to any breach by you of your obligations under this section.

    13. Governing Law; Venue
    You agree that this ULA, and any claim, dispute, action, cause of action, issue, or request for relief relating to this ULA, will be governed by the laws of Hong Kong, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding relating to this ULA must be brought in a court located in Hong Kong and each party irrevocably submits to the jurisdiction and venue of any such court in any such claim or dispute, except that Amaryllo may seek injunctive relief in any court having jurisdiction to protect its intellectual property or Confidential Information.

    14. Assignment
    Neither the rights nor the obligations arising under this ULA are assignable by you, and any such attempted assignment shall be void and without effect.

    15. Notices
    Any notice to you may be provided by email to the address that you registered with Amaryllo.

    16. Severability
    If any provision of this ULA is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

    17. Waiver
    All waivers by Amaryllo will be effective only if in writing. Any waiver or failure by Amaryllo to enforce any provision of this ULA on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

    18. General
    The Product Software is deemed irrevocably accepted upon your use of the Product Software or Product. Amaryllo will have no responsibility to provide maintenance or support services with respect to the Product Software. The parties are independent contractors.

    You acknowledge that the Product Software contains valuable trade secrets and proprietary information of Amaryllo, that any actual or threatened breach of Section 2 (Restrictions) of this ULA will constitute immediate, irreparable harm to Amaryllo for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.

     

    The headings of sections of this ULA are for convenience and are not to be used in interpreting this ULA.

     

    Amaryllo reserves the right to make changes to this ULA. Amaryllo will post notice of modifications to this ULA on this page. You should ensure that you have read and agree with Amaryllo's most recent ULA when you use the Product Software.


    Continued use of the Product Software following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised ULA.

     

    Questions or Additional Information. If you have questions regarding this ULA, please contact Amaryllo at support.ai@amaryllo.eu.

  • GDPR Compliance & Privacy Policy

    Last Updated: May 25, 2018

    Amaryllo International B.V. and its subsidiaries and affiliates (collectively, “Amaryllo”, “we” or “us”) are deemed to operate the www.amaryllo.eu, www.SoteriaAI.com, www.amaryllousa.com, and www.amaryllo.eu sub-domains (each, a “Site”). We recognize that you care how information about you is used and shared. We have created this Privacy Policy to inform you what information we collect on the Site, how we use your information, and the choices you have about the way your information is collected and used. Please read this Privacy Policy carefully. Your use of the Site indicates that you have read and accepted our privacy practices, as outlined in this Privacy Policy. In addition, please read Amaryllo's Terms of Service, which also govern your use of this Site. Please be advised that the practices described in this Privacy Policy apply to information gathered by us or our subsidiaries, affiliates or agents: (i) through this Site, (ii) where applicable, through our customer service department in connection with this Site, (iii) through information provided to us through our retail partners, and (iv) through information provided to us in conjunction with marketing promotions and sweepstakes.

     

    1. UPDATED POLICY & LAWFUL BASIS:

    Privacy laws in the European Union (General Data Protection Regulation, or GDPF) are changing as of May 25, 2018. In an effort to strengthen your privacy rights, Amaryllo is updating its Privacy Policy for global users.

    Data protection law in Europe requires a "lawful basis" for collecting and retaining personal information from citizens or residents of the European Economic Area. Our lawful bases include:

    • Performing the contract we have with you: In certain circumstances, we need your personal data to comply with our contractual obligation to deliver the Services.
    • Legal compliance: Sometimes the law says we need to collect and use your data. For example, tax laws require us to retain records of pledges and payments made through our Services.
    • Legitimate interests: This is a technical term in data protection law which essentially means we have a good and fair reason to use your data and we do so in ways which do not hurt your interests and rights. We sometimes require your data to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and that does not materially impact your rights, freedom or interests. For example, we use identity, device, and location information to prevent fraud and abuse and to keep the Services secure. We may also send you promotional communications about our Services, subject to your right to control whether we do so. We analyze how users interact with our Site so we can understand better what elements of the design are working well and which are not working so well. This allows us to improve and develop the quality of the online experience we offer all our users.

    2. COLLECTION:

    Amaryllo collects your information (including personal and non-personal information) in several ways. This information is used to provide users with Amaryllo products and services, to allow us to understand how visitors navigate the Site, and to provide advertising that is relevant to your interests. In addition, we may use such information to provide you with requested information, services or content, to contact you in connection with a promotion, or for other purposes disclosed when you provide the information. We may contact you from time to time on behalf of one of our affiliated companies or an external business partner with information that may be of interest to you. We may also contact you regarding any problems or questions we have relating to your use of the Site, Amaryllo products or services, or, in our discretion, notify you of changes to our Privacy Policy, Terms of Service, or other policy or terms that affect you and your use of the Site. We may also use your information for internal purposes.

    You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. See below examples of what we collect.

    • If you create an Amaryllo account, pre-order or purchase Amaryllo products from the Site, download a software or software update, contact us or participate in an online survey, we may collect a variety of information, including your name, email address, billing and shipping address, phone number, credit card information and any other information necessary to complete the transaction.
    • When you share your content with family and friends using Amaryllo products or invite others to participate in Amaryllo services, Amaryllo may collect the information you provide about those people, such as name, email address and phone number. Amaryllo will use such information to fulfill your requests, provide the relevant products or services, or for anti-fraud purposes.
    • You may choose to submit your email address via a submission form located on the Site. Your email address may be used to send you news about Amaryllo-related services, products or promotions. We may use one or more service providers to administer these messages, but we do not share your email address with spammers or any other third parties without your permission.
    • We may collect information regarding customer activities on the Site and from Amaryllo products and services. For example, if you are logged into your Amaryllo account, we record the IP address you visit the website from. If you have an Amaryllo product or other connected device, we may collect information during the setup process and record adjustments you make to the product through the website interface. We store this data along with your email address, information about your Amaryllo product, data collected directly by the device, a history of your device settings, and any other information we have collected about your use of Amaryllo products and services.
    • When you enable the recording or streaming features of your Amaryllo product, we may record and process video and/or audio recordings from the device, subject to your configuration and settings. This may include capturing and emailing to you portions of this data as part of a notification or analyzing the data to identify motion or other events. We may process information from your product so that we can send you alerts when something happens. In addition, if you have the recording features enabled, we will capture, process and retain video and audio data recordings from your device for the duration of your recording subscription period (for example, 7 or 30 days) and you will be able to access those recordings using the Services (as defined in Amaryllo's Terms of Service) during that time.
    • In order to improve your experience over time and help troubleshoot any problem you may encounter with Amaryllo products, we record your Amaryllo product model and serial number, software version, and technical information such as Wi-Fi signal strength.
    • You may save and may choose to share certain content like video clips, live video streams, images, captions, and comments for other people to access using the Services. We will collect and store information that will allow us to save or share your content as directed by you through the Services.
    • We collect data from several sensors built into Amaryllo products. These sensors collect data such as ambient light in the room. By recording this information, Amaryllo products can know, for instance, whether it's dark and it should turn on night vision.

    The Site may contain links to other websites operated by third parties and may include social media features such as Facebook and Twitter buttons (such as “Like,” “Tweet” or “Pin”). These third party sites may collect information about you if you click on a link and the social media sites may automatically record information about your browsing behavior every time you visit a site that has a social media button. Your interactions with these features are governed by the privacy policy of the company providing the feature, not by our privacy policy. We do not control what information these third parties collect. Please review your privacy settings on your social media sites and think carefully before clicking on links which may take you to a third party website.

     

    We do not knowingly collect or store any personal information about children under the age of 13, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent.

    3. RIGHT TO ACCESS, RECTIFICATION, DATA PORTABILITY, AND TO ERASURE / BE FORGOTTEN

    You can always verify and make corrections and additions to your personal data that are available. You have a right to obtain information on what personal data we have about you, access this data, request that we erase certain parts or all of your personal data, request that we restrict the use of or stop using your personal data, request that we transmit your data to another controller, and have your personal data resubmitted to you in a structured and accessible format.

     

    If you wish to exercise any of these rights, or if you have any other questions regarding your personal data that you believe were not answered in this privacy notice, contact us at support.ai@amaryllo.eu. We will endeavor to respond to your request within a reasonable period after your request has been registered. Please note that there may be some exceptions specified by law where we may refuse your request and we will provide you with a written explanation of the reasons for refusal. Also, if you ask us to erase or restrict the use of any of your personal data, we may not be able to continue managing your Amaryllo online account and/or providing services to you.

     

    If you are dissatisfied with our collection and use of your personal data, please let us know and we will do our best to address your complaints. Your privacy is very important to us, and we always strive to protect and secure your personal data in the best possible way.

    4. COOKIES AND OTHER TECHNOLOGIES

    Like many websites, we and our third party partners analyze log file information and other data collected through cookies, web beacons, and other tracking technology, to collect information about your browsing behavior when you visit our website, including for example, your browser type, domains, page views, IP address, referring/exit pages, information about how you interact with the Site's webpages and with third party links, traffic and usage trends on the service, etc. We use session cookies to keep you logged in while you use features of our web application; these disappear after you close your browser. We also use persistent cookies, which stay in your browser and allow us to recognize you when you return to the Site. We use this to remember your information so you will not have to re-enter it, to better understand how you use our website, to diagnose and fix technology problems, and otherwise enhance our services. In some of our email messages, we use a “click-through URL” linked to content on the Site. We track this click-through data to help us measure the effectiveness of our customer communications. We also use third party analytics tools to assist us with analyzing and improving our service. Most Internet browsers automatically accept cookies, but you may be able to change the settings to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you set your browser to reject cookies, parts of the Site may not work for you. Please note, depending on your type of device or browser, it may not be possible to delete or disable all tracking mechanisms on your device.

    Online Tracking and Your Choices:

    • Because we track website usage information through the use of cookies for analytic and internal purposes only, your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of cookie information for these purposes. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device to delete and disable cookies and other tracking/recording tools. To learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit allaboutcookies.org.
    • We permit third party advertising partners to use cookies and other technology to collect information about your browsing activities over time and across different websites when you use the Site. For example, we use advertising services provided by third party ad partners to market our services to you on other websites. Through a process called “retargeting,” each service places a cookie on your browser when you visit the Site so that they can identify you and serve you ads on other sites around the web based on your browsing activity. To avoid tracking by these third party ad partners, you can change your browser settings to reject cookies or to notify you when cookies are set and you could select the Do Not Track option on your browser, though we have no control over and cannot confirm whether these third party ad parties honor the Do Not Track browser signal. Additionally, many advertising companies are members of the NAI or DAA and/or provide opt-outs on those industry pages at networkadvertising.org/choices or aboutads.info/choices.

    5. INFORMATION SHARING:

    Information about our customers is an important part of our business, and we are not in the business of selling it to others. The following are the limited situations where we may share personal information:

    • Third parties providing services on our behalf: We may engage third parties to perform services in connection with the operation of our business. Examples of these services include: (a) payment processing and authorization, (b) fraud protection and credit risk reduction, (c) product customization, (d) order fulfillment, (e) shipping, (f) provision of customer service, (g) marketing and promotional material distribution and assistance, (h) Website evaluation, (i) data collection, storage, management, analysis and, where applicable, cleansing, and (j) any other services designed to assist us in maximizing our business potential. They have access to personal information needed to perform their duties and functions.
    • For legal reasons: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply the Terms of Service and other agreements; or protect the rights, property, or safety of Amaryllo, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.
    • Promotions: If you choose to enter a contest, sweepstakes, or promotion, your personal information may be disclosed to third parties in connection with such promotion, including without limitation for purposes of posting your entry with attribution or otherwise as permitted in the official rules for the promotion in question, fulfilling your prize or including your name on a winners list. Also, by entering a promotion, we may require you to consent to the use of your personal information or other information, such as name, voice, or likeness, in advertising, promotional and marketing materials. In addition, we may offer certain promotional content, such as a sweepstakes, sponsored by or co-branded with a third party, who may obtain the personal information that you submit.
    • Corporate change: We reserve the right to disclose, share, or otherwise transfer customer information, including without limitation the personal information, in connection with a corporate merger, acquisition, consolidation, the sale of a portion of our business, or the sale of substantially all of Amaryllo's assets, or other fundamental corporate change, whatever form it may take. For clarification and the removal of doubt, Amaryllo specifically reserves the right to transfer or share a copy of personal information collected pursuant to this Privacy Policy from the Site, off-line or otherwise, to the buyer of that portion of its business relating to that information.
    • Aggregate Information: We may disclose non-identifying, aggregated user statistics to third parties for a variety of purposes, including describing our services to prospective partners and other third parties. Examples of such non-personal information include the number of users who visited the Site during a specific time period or purchased a specific product through the Site.
    • With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

    We may share non-personal information (for example, anonymized customer data) publicly and with our partners for any purpose. We take steps to keep this non-personal information from being associated with you and we require our partners to do the same.

     

    6. SECURITY:

    Amaryllo takes security seriously and cares about the integrity of your personal information. We use commercially reasonable physical, administrative, and technological methods to store and transmit your data securely. However, Amaryllo cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised within 72 hours of first having become aware of the breach, and take other steps, in accordance with any applicable laws and regulations.

     

    International Users: All the information you provide may be transferred or accessed by entities around the world as described in this Privacy Policy. Amaryllo abides by the U.S.-EU Safe Harbor Privacy Framework.

     

    7. CHANGES TO PRIVACY POLICY & CONTACT:

    We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove, or otherwise change any portion of this Privacy Policy, in whole or in part, at any time. When we amend this Privacy Policy, we will revise the “last updated” date located at the top of this Privacy Policy. If you provide information to us or access or use the Website in any way after this Privacy Policy has been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of this Privacy Policy will be available on the Site and will supersede all previous versions of this Privacy Policy.

     

    If you have any questions regarding this Privacy Policy, you should contact us by email at support.ai@amaryllo.eu.