RESIDENCE
CONTROL dba M2M SERVICES
PRIVACY
STATEMENT AND END-USER LICENSE AGREEMENT
Last
updated January 05, 2019
This document outlines M2M Services’ Privacy
Statement and End-User License Agreement; these are legal agreements between
you and M2M Services for the use of products, services, and software, offered
by M2M Services.
The highlights:
The Privacy Statement describes, among other
things:
The End User License Agreement includes:
M2M
SERVICES PRIVACY STATEMENT
This Privacy Statement covers the use of
certain M2M Services products including the on-line RControl management
platform, the RControl end user smartphone app and the RControl Admin
smartphone App for installers (collectively, the “M2M Services” or “Services”)
and the licensing of software products identified above, which includes
computer and application software and may include associated media, printed
materials, and "online" or electronic documentation, and any future
versions, releases, updates, patches, error fixes and bug fixes of the above
software ("M2M Services Software"). For convenience, we refer to the
combination of products, software, websites, apps, and services we provide to
you as the “System.”
You understand that through your use of the System,
you consent to the collection and use of certain information as described in
this Privacy Statement, including the transfer of this information to the
United States and/or other countries for storage, processing and use by M2M
Services. Although the laws that protect personal information in those
countries may differ from the laws where you live, we will take reasonable
steps to ensure that your privacy is protected. By using our websites and
giving your information to us, you consent to the transfer of the data outside
of your country of residence. This Privacy Statement is subject to change and
we will notify you in the event of a material change by posting such change
prominently on the System; your continued use of the System after such changes
will indicate your consent to the revised Statement.
M2M Services collects information relating to
you and your use of the System to provide services and features that are easy
to use and responsive to your needs. We use the term “Consumer
Information” to refer to any personally identifiable or anonymous
information relating to you or your use of the System. We use Consumer
Information for a wide variety of purposes, as described below:
If the System is distributed by a dealer,
contractor, utility company, retailer, or other third party and you share your
Consumer Information with such party, we cannot control and are not responsible
for the collection, storage, disclosure, and use of your information by such
party. If the System is provided through your utility provider or third-party
System provider, we may share Consumer Information with your utility provider
or third-party System provider in accordance with your agreement with such
utility provider or third party System provider. In
some circumstances, we may share your Consumer Information with third parties
upon your request; in such event we cannot control and are not responsible for
the collection, storage, disclosure, and use of your information by such party.
In these circumstances, such parties’ obligations with respect to such Consumer
Information are governed by their agreement with you. In the event you choose
to control your M2M Services device with a third-party application, software,
or other offering, we cannot control or be responsible for the collection,
storage, disclosure, and use of your Consumer Information by such third party.
M2M Services does not knowingly collect
personally identifiable information from anyone younger than 13. If M2M
Services is made aware that it has received personally identifiable information
from someone younger than 13, it will use reasonable efforts to remove that
information from its records.
M2M Services is committed to protecting the
security of your personal information and System. We use a variety of security
technologies and procedures to help protect your personal information and
System from unauthorized access, use, or disclosure. For example, we store the
personal information you provide on computer systems with limited access that
are located in facilities to which access is limited. For sites to which you login, it is your responsibility to ensure the security
of your password and not to reveal this information to others. When you move
around a site to which you have logged in, or from one site to another that
uses the same login mechanism, we verify your identity by means of an encrypted
cookie placed on your machine. Notwithstanding the foregoing, M2M Services
cannot guarantee that the System or your personal information cannot be
compromised or hacked..
The provisions of this Privacy Statement will
apply to the fullest extent permitted by law and be interpreted and applied to
a lesser extent (but, in such case, to the maximum extent possible), where
necessary to be valid. The invalidity or unenforceability of any provision of
this Privacy Statement will not affect any other provision and all such other
provisions will remain in full force and effect without change or modification
thereof. You consent to the exclusive use of the English language in this
Privacy Statement, as well as all communications from M2M Services.
If you have any questions about our privacy
practices, please contact us at:
Or
M2M Services Inc.
4755 Technology Way
Boca Raton, FL33431
55422
M2M
SERVICES
By installing or using the System, you agree
to be bound by the terms and conditions in this End User License Agreement
(“EULA”). You agree that you are the end-user of the System and you represent
that you are of legal age and are authorized to enter into this EULA on behalf
of yourself and any party to whom you grant access to the System.
1.
LICENSE, LIMITS.
This EULA is for the use of certain M2M
Services products and services, including M2M Services software for use on any M2M
Services products and platforms, M2M Services software allowing web-based
interface and underlying functionality and access to M2M Services infrastructure,
M2M Services web and mobile device applications software, and any M2M Services
networks related to any of the foregoing (collectively, the “M2M Services” or
“Services”) and the licensure of software products identified above, which
includes computer and application software and may include associated media,
printed materials, and "online" or electronic documentation, and any
future versions, releases, updates, patches, error fixes and bug fixes of the
above software ("M2M Services Software"). For convenience, we refer
to the combination of products, software, and services we provide to you as the
“System.”
The System includes software owned by M2M
Services and software licensed to M2M Services, and is protected by international
copyright laws and treaties, as well as other intellectual property laws and
treaties. The System is licensed to you, not sold. Subject to the terms of this
EULA, M2M Services grants you a limited, non-exclusive, non-transferable
license (without the right to sublicense except as set forth below) to use the
System, and its related M2M Services Software, solely for your personal use
with your home or business in the continental United States and Canada. All
rights of any kind in the System and all other rights of M2M Services, which
are not expressly granted in this EULA, are entirely and exclusively reserved
to and by M2M Services (including the software object code and source code).
You may not rent, lease, copy, modify, or translate the System, or create
derivative works based on the System. You may not alter or remove any of M2M
Services’ copyright or proprietary rights notices or legends appearing on or in
the System. You may not reverse engineer, decompile or disassemble the System.
Except as expressly set forth herein, you may not make access to the System
available to any third party, nor are you authorized to make the output
generated by or the results of any performance or functional evaluation of the
System available to any third parties, nor are you permitted to allow any third
party to engage in any activity that you are expressly prohibited from engaging
in herein.
The following rules apply to your use and any
use authorized or permitted by you of the System:
M2M Services has the right to deny access to,
and to suspend or terminate your access to, the System, or to any features or
portions of the System at any time and for any reason, including for any
violation by you of this EULA.
If you are a central station or dealer, you
shall have the right to sublicense access to security or lifestyle Systems
solely to end users.
2.
PASSWORD AND ACCESS.
You agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the registration
form and (b) maintain and promptly update such information. You must create a
username and password to access the System. If you are provided with a
temporary username and password, you must modify the temporary credentials and
create your own username and password. You are responsible for maintaining the
confidentiality of your password and account and you are fully responsible for
all activities that occur under your password, account or any subaccount. You
agree to (a) immediately change your password in the event of any breach of
security, (b) notify your central station (if applicable) or M2M Services, as
the case may be, if you have experienced a breach of security, (c) not share
your username and password with any third party; and (d) ensure that you exit
from your account at the end of each session. You agree that the terms of this
EULA will be binding upon and govern the relationship between M2M Services and
any third party to whom you grant access to your account or permit to maintain
a subaccount. You further agree to take any and all action necessary to ensure
compliance with, and enforce the terms of, this EULA, and to indemnify M2M
Services for any and all costs, damages, losses or expenses incurred in respect
of such third-party user. M2M Services will not be liable for any loss or
damage arising from your failure to comply with this Section.
You acknowledge and agree that you have the
option to add additional parties to your account and such parties will have
full or partial access to the System, including, but not limited to, the
ability to view and change your daily schedule and thermostat and/or security
or home automation settings and programming. You further acknowledge and agree
that M2M Services has no responsibility to you with respect to the actions of
such parties. Further, you acknowledge and agree that you have the option to
include your contractor’s or dealer’s information in your account information
and such party may receive alerts from the System regarding your home (e.g., in
the event the temperature in your house drops below freezing or in the event of
a security or safety breach) along with certain personally-identifiable
information in order to be able to identify the source of the alert. Your
contractor or dealer may contact you in the event it receives such alerts. You
acknowledge and agree that M2M Services has no responsibility with respect to
any actions or inactions on the part of such contractor.
You acknowledge and agree that M2M Services
and its affiliates, service providers, suppliers, and dealers are permitted at
any time and without prior notice to remotely push software and firmware
updates, enhancements, changes, modifications, additional functionality or bug
fixes to the System. You hereby consent to the foregoing and release M2M
Services and its affiliates, service providers, suppliers, and dealers from any
and all liability arising from such action.
3.
TERM AND CANCELLATION; MODIFICATIONS TO SYSTEM; FEES.
This EULA is effective on the day you first
use the System and will continue for so long as you continue to use the System
and Services and to otherwise make any required System service payments. M2M
Services may terminate this EULA at any time if you fail to comply with any of
the terms hereof, including failure to make required System service payments,
if applicable, effective immediately. If you have a contract with a dealer for
certain Services, your right to use the Services is subject to your dealer or
central station’s payment of all fees due to M2M Services for such Services and
M2M Services may suspend or terminate your access to the Services in the event
such party fails to pay for Services being provided by M2M Services or you fail
to pay such party any sums otherwise due. Your payment to your dealer or
central station monitoring company does not guarantee your right to the System
Services. You may incur additional fees from third party providers in
connection with your use of the System Services, an independent handheld
device, or the internet, for data transmission, video clip or still image
transmission, internet usage, SMS, short code or other transmission fees,
charges or taxes. If M2M Services ceases supplying Services to you due to you
or your dealer or central station’s failure to pay for Services, M2M Services
will have no liability to you and you must look to your dealer or central
station for the return of any amounts pre-paid by you to the central station or
dealer. Depending on the Services contracted or subscribed to by you, M2M
Services may also suspend or terminate a user account because of user
inactivity or excessive activity. Depending on the Services contracted or
subscribed by you, you may terminate this EULA upon written notice to your
central station or dealer, with a copy to M2M Services. Upon termination of
this EULA, the license granted hereunder will terminate and you must stop all
use of the System immediately. M2M Services reserves the right at any time and
from time to time to charge for use of the System, and modify or discontinue,
temporarily or permanently, the System (or any part thereof) with or without
notice. You agree that M2M Services will not be liable to you or to any third
party for any modification, suspension or discontinuance of the System. YOU
UNDERSTAND AND AGREE THAT IF YOU MOVE YOU WILL DELETE YOUR ACCOUNT AND NO
LONGER ACCESS THE M2M SERVICES SYSTEM WITH RESPECT TO YOUR PRIOR ADDRESS. IF
YOU HAVE A CONTRACT WITH A DEALER OR CENTRAL STATION YOU MUST NOTIFY IT IF YOU
ARE MOVING TO TERMINATE YOUR ACCOUNT.
4.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS.
THE SYSTEM IS PROVIDED AS IS, AND WITH NO
WARRANTIES OR REPRESENTATIONS OF ANY KIND, AND M2M SERVICES EXPRESSLY DISCLAIMS
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING
OUT OF USE, PERFORMANCE OR NON-PERFORMANCE OF THE SYSTEM REMAINS WITH YOU. TO THE
FULLEST EXTENT PERMITTED BY LAW, M2M SERVICES DISCLAIMS ANY WARRANTIES FOR THE
SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SYSTEM.
M2M SERVICES AND ITS THIRD-PARTY SERVICE
PROVIDERS HAVE NO LIABILITY FOR THE CHOICE OF ALARM DEVICES OR OTHER PRODUCTS
INSTALLED AT YOUR PREMISES, THEIR INSTALLATION AND CONNECTION, OR OPERATION OF
YOUR CENTRAL STATION OR DEALER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT M2M
SERVICES DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR (1) THE
ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY
OF ANY CONTENT OR INFORMATION OR MATERIAL PROVIDED BY OR ACCESSIBLE THROUGH THE
SYSTEM; AND (2) THE USE OF OR INABILITY TO USE THE SYSTEM; AND (3) THE
DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY
INFORMATION OR MATERIAL; AND (4) BREACHES OF SECURITY; AND (5) INFORMATION
COMMUNICATED THROUGH MESSAGE BOARDS OR OTHER FORUMS; AND (6) ANY OTHER FAILURE
TO PERFORM BY M2M SERVICES; AND (7) DAMAGE, INJURY, OR LOSS OF LIFE OR DAMAGE
TO PROPERTY.
IF M2M SERVICES SHOULD NEVERTHELESS BE FOUND
LIABLE, WHETHER DIRECTLY OR INDIRECTLY, FOR ANY LOSS, DAMAGE OR INJURY ARISING
UNDER THIS AGREEMENT OR OTHERWISE, REGARDLESS OF CAUSE OR ORIGIN, ON ANY BASIS
WHATSOEVER, (INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, WARRANTY,
NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE), ITS TOTAL MAXIMUM LIABILITY
IS LIMITED TO $1000.00 WHICH WILL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST M2M
SERVICES. IN ADDITION, IN NO EVENT WILL M2M SERVICES OR ITS PRINCIPALS,
SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR
SUPPLIERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES WHATSOEVER RELATING TO THE USE OF THE SYSTEM OR ANY COMPONENT THEREOF
OR TO YOUR RELATIONSHIP WITH M2M SERVICES, EVEN IF M2M SERVICES HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL M2M SERVICES BE
HELD LIABLE FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY
INFORMATION OR MATERIAL THROUGH THE SYSTEM, ANY DELAY OR FAILURE IN PERFORMANCE
RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND
ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, INTERNET FAILURES,
COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER
EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS,
INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES,
FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF
DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR
LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
IN THE EVENT YOU (1) UTILIZE A NON-M2M
SERVICES APPLICATION TO CONTROL YOUR M2M SERVICES PRODUCT; (2) CONNECT A NON-M2M
SERVICES DEVICE TO YOUR SYSTEM; (3) UTILIZE A THIRD PARTY API; (4) BECOME PART
OF A DEMAND RESPONSE PROGRAM; OR (5) BECOME PART OF A THIRD PARTY CONNECTED
HOME OR BUSINESS ECOSYSTEM, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL M2M
SERVICES BE RESPONSIBLE FOR THE ACCURACY, FUNCTIONALITY, RELIABILITY,
AVAILABILITY, INTEROPERABILITY, LEGALITY OR USEFULNESS OF SUCH APPLICATION,
DEVICE, API, OR ECOSYSTEM NOR WILL M2M SERVICES BE LIABLE FOR ANY DAMAGES THAT
MAY OCCUR AS A RESULT OF SUCH USE. USE OF A THIRD-PARTY APPLICATION, DEVICE,
API, OR ECOSYSTEM IS ENTIRELY AT YOUR OWN RISK AND EXPENSE.
5.
NO GUARANTEE.
THERE IS NO GUARANTEE THAT THE SYSTEM WILL
PROVIDE ADEQUATE WARNING IN ANY GIVEN SITUATION, OR THAT IT WILL NOT BE
COMPROMISED OR CIRCUMVENTED BEFORE IT COMMUNICATES WITH ANY CENTRAL STATION IF
YOUR ALARM SYSTEM IS CONNECTED TO ONE OR THAT IT WILL PREVENT ANY PERSONAL
INJURY OR PROPERTY LOSS CAUSED BY BURGLARY, ROBBERY, FIRE, EXCESSIVE HEAT, COLD
OR HUMIDITY OR OTHERWISE. FURTHER, THERE IS NO GUARANTEE THAT THE SYSTEM OR
YOUR MOBILE DEVICE OR COMPUTER WILL TRANSMIT OR RECEIVE ALL SIGNALS SENT BY OR
TO YOU OR YOUR CONTRACTOR, DEALER OR CENTRAL STATION REGARDING THE SYSTEM
SERVICES YOU HAVE SUBSCRIBED TO, INCLUDING, BUT NOT LIMITED TO, SIGNALS
REGARDING THE ACTIVATION OR DEACTIVATION OF YOUR ALARM SYSTEM OR HVAC SYSTEM.
YOU ACKNOWLEDGE THAT HAVING A SECURITY SYSTEM DOES NOT GUARANTEE THAT YOU WILL
NOT HAVE A BURGLARY, ROBBERY, FIRE OR OTHER EVENT AND IS NOT AN INSURANCE
POLICY. YOU ACKNOWLEDGE THAT THE AVAILABILITY OF THE SYSTEM SERVICES IS
DEPENDENT ON YOUR COMPUTER, MOBILE DEVICE, HOME WIRING, YOUR INTERNET SERVICE
PROVIDER, YOUR SATELLITE PROVIDER IN THE CASE OF GEOLOCATION SERVICES, AND YOUR
MOBILE DEVICE CARRIER AND YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR ALL FEES
ASSOCIATED WITH SUCH USE AND FOR COMPLIANCE WITH ANY AGREEMENTS RELATED TO SUCH
USE. YOU FURTHER ACKNOWLEDGE THAT M2M SERVICES AND ANY NETWORK SERVICE
PROVIDERS CANNOT GUARANTEE THE SECURITY OF ANY WIRELESS TRANSMISSION AND WILL
NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF ANY SERVICE. YOU
AGREE THAT YOU WILL NOT RESELL ANY OF THE WIRELESS SERVICES PROVIDED TO YOU AS
PART OF THE SYSTEM. M2M SERVICES WILL HAVE NO LIABILITY FOR ANY PERSONAL
INJURY, PROPERTY DAMAGE OR ANY OTHER LOSS BASED ON A CLAIM THAT THE SYSTEM
FAILED TO GIVE WARNING OR ALERT OF ANY TYPE AND YOU HEREBY RELEASE M2M SERVICES
FROM ALL LIABILITY RESULTING THEREFROM. M2M SERVICES MAKES NO GUARANTEE THAT
THE SYSTEM WILL BE COMPATIBLE WITH ALL COMPUTERS OR HANDHELD DEVICES.YOU SHOULD
FIRST TEST THOSE DEVICES AT HOME FOR COMPATIBILITY BEFORE USING THEM AWAY FROM
HOME.
6.
MISCELLANEOUS.
The failure of M2M Services to enforce at any
time any of the provisions of this EULA will not be construed to be a
continuing waiver of any provisions hereunder nor will any such failure
prejudice the right of M2M Services to take any action in the future to enforce
any provisions hereunder.
This EULA, including the Privacy Statement,
your subscription agreement (if applicable) and M2M Services’ terms and
conditions of sale that accompanied your purchase of any equipment (including
your central station monitoring agreement if applicable) forms the entire
agreement between you and M2M Services and supersedes in their entirety any and
all oral or written agreements previously existing between you and M2M Services
with respect to your access to and use of the System and related Services.
Neither this EULA nor any of the rights,
interests or obligations provided by this EULA may be transferred or assigned
by you without the prior written consent of M2M Services. M2M Services may
assign this EULA, in whole or in part, in its sole discretion. This EULA will
be binding upon the parties and each of their present and future officers,
directors, employees, parents, subsidiaries, agents, successors, assigns,
contractors, licensees, affiliates, family members and guests and authorized
users.
The provisions of this EULA will apply to the
fullest extent permitted by law and be interpreted and applied to a lesser
extent, where necessary to be valid. The invalidity or unenforceability of any
provision of this EULA will not affect any other provision and all such other
provisions will remain in full force and effect without change or modification
thereof. You consent to the exclusive use of the English language in this EULA,
as well as in all communications from M2M Services.