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 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:
M2M Services Inc.
4755 Technology Way
Boca Raton, FL33431 55422
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.
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.