Terms of Service
Last Updated: June 20, 2024
These Terms of Service (“Terms”) govern the relationship between Signify Technologies Corp. (“Signify”, “Company”, “We” or “Us”) and users of our site, including viewers, interested parties, and customers regarding information or use of the products and/or services offered by us through the website located at www.getsignify.com (the “Site”) or other related products, applications, or services, and any content made available therein (the “Content”, together with the Site, the “Services”).
AGREEMENT AND UPDATES
Agreement to Terms
By accessing, installing, or otherwise using the Services, you agree to be bound by these Terms and our Privacy Policy, available at https://www.getsignify.com/legal, which is incorporated into these Terms by reference. In using the Services, you thereby agree and represent to us that you are at least 13 years old and that you will not impersonate any other person or entity or otherwise misrepresent your identity on or through the Services.
Updates
We may modify the Services or update these Terms from time to time, in our sole discretion, with or without notice. Continued access, installation, or use of the Services constitutes your agreement to such modifications and to be bound by an updated version of these Terms.
Customer Agreement
In the event of a conflict between a separately executed Customer Agreement and these Terms, the Customer Agreement shall govern.
Privacy Policy.
Our Privacy Policy governs our practices of collecting, storing, processing, and using potentially personally identifiable information and is integrated into these Terms by reference.
USER ACCOUNTS
In the event the Services require you to register for an account (an “Account”), you are consenting to the collection of such registration information pursuant to our Privacy policy and represent that: (a) any information provided is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) you are registering for an account for yourself or someone who you are authorized to act on behalf of. You are solely responsible for maintaining the confidentiality of all Account credentials, such as passwords, and any activity that occurs under your Account. You hereby agree to immediately notify us of any suspected unauthorized use of your Account. We are not liable for any loss or damages arising from any authorized use of your Account. We may use third-party login or authentication services, any use of which is subject to the section on Third-Party Services below.
SUBSCRIPTIONS AND PAYMENTS
A portion of the Services may only be accessible after enrolling in an ongoing paid subscription (a “Subscription”). The price of the Subscription is that which you select at the time of enrollment, and by enrolling in a Subscription, you hereby agree to such recurring charges. The Subscription will continue unless you cancel it through the Services. In the event we offer a free or reduced-price trial period, you may be automatically enrolled in a standard Subscription thereafter unless canceling the Subscription before the end of such trial period. The price paid for Services may not include taxes and fees; you will receive a receipt that details all fees and taxes paid.
ACCEPTABLE USE POLICY
You acknowledge to have read, understand, and hereby agree to adhere to, the following conditions and acceptable use guidelines, as may be updated from time to time (our “Acceptable Use Policy”). You hereby agree not to: (a) use language or transmit offensive or profane material, including profanity, obscenities, sexually explicit material, or excessively violent content; (b) harass or threaten other users with behavior or language such as insults, prejudice, defamation, ridicule, libel, or threats; (c) submit material that violates a third party’s rights, including the rights of privacy, publicity, or intellectual property, or soliciting private information from another user, including account details where applicable; (d) post advertisements; (e) impersonate another person or misrepresent your affiliation with us or others; (f) copy, translate, disassemble, decompile, reverse engineer, or otherwise modify, replicate, or create derivative works of the Services; (g) access, download, or otherwise use the Services by automated means, including harvesting or scraping; (h) use the Services in any way that violates any applicable law.
INTELLECTUAL PROPERTY AND OWNERSHIP
License to Use the Services.
Subject to these Terms and your adherence to such terms, we grant you a limited, non-transferable, non-exclusive license to access and use the Services for your personal or internal business purposes. You may not: (a) license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Services; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer, any part of the Services; (c) access the Services in order to build a similar or competitive service; (d) access the Services using automated means, whether through the use of bots, scrapers, or otherwise, unless permitted by these Terms or when made available by us (e.g., API access). Except as otherwise permitted by these Terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to the Services is subject to these Terms.
Company Content.
All content, images, designs, layouts, code, interfaces, compilations, features, elements, technical data, or data incidentally created through the use of the Services and all copyrights, trademarks, service marks, trade names, or other intellectual property or proprietary rights (“Company Content”) are owned by us or our licensors. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, or in any way exploit the Company Content in whole or in part except as expressly authorized by us, our licensors, or these Terms. Except for the terms of any license under these Terms, neither our licensors nor we grant you any express or implied rights in and to the Company Content and all such rights are retained and reserved to the fullest extent permitted under law.
User Content.
Any content, images, profiles, text, links, articles, software, graphics, video, music, sound, messages, or other materials that you upload, include, specify on, or share in connection with your use of the Services, whether publicly or privately, or that is otherwise collected by or through the Services (“User Content”) is owned by you subject to the extent you would have intellectual property or other proprietary rights associated with it, subject to our Privacy Policy and the license herein. You assume all obligations and risks associated with your User Content, including that: (a) no copyright, trademark, trade secret, publicity, privacy rights, or other intellectual property or proprietary rights are violated by the User Content; (b) you own or have permission to use the User Content; (c) you are fully legally responsible for the User Content; (d) all risk associated with the use of the User Content such as, if applicable, the use of your User Content by others on or through the Services; (e) any liability if your User Content violates these Terms, any third party rights, or any applicable laws; and (f) that any liability arising from the foregoing violates these Terms and constitutes an improper and unauthorized use of the Services.
Feedback.
If you submit any feedback, comments, suggestions, or support requests on or through the Services (“Feedback”), you hereby assign us all rights, titles, and interest in and to such Feedback.
THIRD-PARTY SERVICES
In the event the Services link to, contain, use, integrate with, or access third-party services (“Third-Party Services”), you hereby acknowledge we do not control or operate nor are we responsible for the products, services, content, or reliability of any such Third-Party Services. Your relationship with the Third-Party Services is governed by and subject to the applicable agreement between a particular Third-Party Service and you.
INDEMNIFICATION
You hereby agree to indemnify and hold us and our affiliates, officers, agents, subsidiaries, partners, and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your: (a) use of the Services; (b) User Content; (c) violation of these Terms, or (d) violation of any rights of another including but not limited to intellectual property or privacy rights.
DISCLAIMERS
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES OR ANY CONTENT THEREIN.
LIMITATIONS OF LIABILITY
NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE LESSER OF THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CAUSE OF ACTION, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
GENERAL LEGAL
Entire Agreement.
This Agreement, which includes our Privacy Policy and any other agreement incorporated hereto by reference, forms the entire and exclusive understanding and agreement between you and us. This Agreement supersedes and replaces any and all prior oral or written understandings.
Notifications.
By using the Services, you consent to the receiving notices, including these Terms, in electronic form. Notices may be given via email or by posting to the Services. Any notices provided via email will be deemed given and received on the date and time of transmission. In the event we send push notifications, you can opt out of receiving such notifications in your App settings.
Severability.
To the extent any provision of these Terms is deemed invalid or unenforceable, that provision will be interpreted and enforced to the maximum extent permissible under law to give effect to the original intent of such provision, with all other provisions will remain in full force and effect.
Additional Provisions.
A failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. You may not assign these Terms or delegate any obligations hereto. We may assign rights or delegate duties under these Terms in connection with a merger, reorganization, re-domestication, or the sale of all or substantially all of our assets. These terms will bind our successors and permitted assigns.
Applicable Law, Forum, and Venue.
These Terms are governed by the laws of the State of Washington, U.S.A., without regard to its conflict of law provisions. All disputes related to or arising from this Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington, to which jurisdiction and venue both we and you each irrevocably consent.
