devicebook

TERMS OF SERVICE

Updated on 10/14/2021

 

Welcome to devicebookTM!

Please read these terms of service agreement (“Terms”) carefully. The devicebook Platform (“Platform”), and the services and information made available through the Platform (collectively, the “Services”) are controlled by devicebook, Inc. (“devicebook” or “us” or “we”), and its affiliates or agents. By using and accessing the Services, clicking on the Accept button, completing the registration process, and/or browsing the website or downloading our mobile application, you represent that (1) you have read, understand and agree to be bound by these Terms, (2) you are at least eighteen (18) years of age, and(3) you have the authority to enter into these Terms personally or on behalf of the company you have named as the user, and to bind that company to these Terms, and (4) you have read, understand, and agree to devicebook’s practices with respect to personal information as described in devicebook’s Privacy Policy (“Privacy Policy”).  If you do not agree to be bound by these Terms, you may not access or use the Services.

We keep improving our Services, and when we do, additional terms, policies, and guidelines may apply (“Supplemental Terms”). For example, Contractors will be subject to Supplemental Terms that include terms and conditions solely applicable to Contractors (Contractor Supplemental Terms). Those Supplemental Terms will either be listed in the Terms or will be presented to you for your acceptance when you sign up to use the supplemental Service subject to those additional terms. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. Any such Supplemental Terms are hereby incorporated into these Terms.

We may modify and amend the Terms from time to time, and it will be indicated at the top of this page the date that revisions were last made. Your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THESE TERMS TO VIEW THE THEN-CURRENT VERSION.

  1. SERVICES
    1. Devicebook Platform Description: The devicebook “Platform” includes the devicebook Apps, devicebook Infrastructure, devicebook Hub, devicebook Cloud, devicebook Websites, and devicebook Programs, as further described below:

End-user (“End-user”): An End-user is a User who has a registered an End-user account and who seeks to equip such End-user’s home with electronic devices that can be controlled remotely by one or more Devices.

Contractor (“Contractor”): A Contractor is a User who is an entity, or its authorized personnel, engaged by an End-user to design, install, or maintain a home equipped with electronic devices that can be controlled remotely by one or more Devices. Devicebook offers Contractors a devicebook App featuring a design workbench and associated business management tools to construct a customized smart home for their End-user customers at their direction (“Contractor App”). This Contractor App is made available for use on compatible mobile phones, tablets, or PCs.

Device Manufacturer (“Device Manufacturer”): A Device Manufacturer is a User who is an entity, or its personnel, that designs, manufactures, or sells connected smart home devices that are compatible with the devicebook Services.

Device Manufacturers have access to a devicebook App that is designed to allow a Device Manufacturer to develop, test, construct, and publish a Softdevice (“Device Manufacturer App”). The resulting Softdevice will appear in the devicebook “Showroom” and be ready to be incorporated in smart home designs and installations.

“Device” means a connected smart-home device that is compatible with the devicebook Services.

  1. Responsibilities of Contractors and Device Manufacturers: Our responsibilities are limited to facilitate the access of features and functionality made available through the Services. Contractors and Device Manufacturers are solely responsible for all of their own tools, equipment, training, and other materials or requirements needed, desired or related to the Services. Contractors and Device Manufacturers are also solely responsible for the payment of insurance premiums, licensing fees, certifications, professional dues or other costs or expenses connected with their business and acknowledge that devicebook will not reimburse them for any such expenses.
  2. Responsibilities of End-users: End-users are solely responsible for the selection and verification of their selected Contractors, including ensuring that such Contractors are properly licensed and credentialed. Devicebook does not conduct background checks on Contractors and shall have no liability with respect to any transaction or relationship between End-users and Contractors.
  3. DISCLAIMERS REGARDING SERVICES: PLEASE NOTE THAT, AS STATED ABOVE, THE CERTAIN SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTION OF END-USERS AND CONTRACTORS FOR THE PURPOSES OF ARRANGING THE RIGHT SMART HOME SOLUTION FOR THE END-USER AND BETWEEN CONTRACTORS AND DEVICE MANUFACTURERS FOR THE DEMONSTRATION OF DEVICES TO BE USED WITH THE SERVICES, BUT YOU AGREE THAT DEVICEBOOK HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES OR PRODUCTS PROVIDED BY CONTRACTORS OR DEVICE MANUFACTURERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. DEVICEBOOK CANNOT AND DOES NOT CONTROL THE INFORMATION OR CONTENT CONTAINED IN ANY ACCOUNTS (OTHER THAN THE ARRANGEMENT AND DISPLAY OF SUCH CONTENT) AND THE CONDITION, LEGALITY, OR SUITABILITY OF ANY PRODUCTS OR SERVICES OF THE CONTRACTORS AND DEVICE MANUFACTURERS. DEVICEBOOK IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL PRODUCTS AND SERVICES PROVIDED BY CONTRACTORS AND/OR DEVICE MANUFACTURERS. ACCORDINGLY, ANY COMMUNICATIONS WITH ANY CONTRACTORS AND/OR DEVICE MANUFACTURERS WILL BE AT A USER’S OWN RISK, AND USERS MUST SATISFY THEMSELVES WITH ANY CONTRACTOR’S OR DEVICE MANUFACTURER’S CREDENTIALS. YOU ACKNOWLEDGE AND AGREE THAT YOUR ABILITY TO CONNECT WITH A CONTRACTOR OR DEVICE MANUFACTURER THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH DEVICEBOOK AS A PROVIDER OF SUCH PRODUCTS OR SERVICES.
  4. INDEPENDENT CONTRACTOR STATUS: CONTRACTORS AND DEVICE MANUFACTURERS ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, OR FRANCHISEES OF DEVICEBOOK. DEVICEBOOK DOES NOT PERFORM ANY OBLIGATIONS IN CONNECTION WITH THE SERVICES AND PRODUCTS PROVIDED BY SUCH CONTRACTORS AND DEVICE MANUFACTURERS AND DOES NOT EMPLOY CONTRACTORS OR DEVICE MANUFACTURERS TO PERFORM SUCH OBLIGATIONS. USERS HEREBY ACKNOWLEDGE THAT DEVICEBOOK DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A CONTRACTOR OR DEVICE MANUFACTURER’S PRODUCTS OR SERVICES, BUT MAY MONITOR COMMUNICATIONS MADE THROUGH THE SERVICES. THE RELATIONSHIP BETWEEN CONTRACTORS AND DEVICEBOOK, AND DEVICE MANUFACTURERS AND DEVICEBOOK, IS THAT OF AN INDEPENDENT CONTRACTOR.
  5. Access to the Services
    1. Right to Use the Services. Your right to access certain features and functions of the Services depends on your particular User type assigned upon registration.   devicebook grants you a personal, worldwide, royalty-free, non-assignable, non-transferable, non-sublicensable, non-exclusive, and terminable license to access and use the features and functions of the Services applicable to your User type as Registered.  Subject to your compliance with the Terms, devicebook grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the devicebook App on one or more App Devices, that you own or control and to run such copy of the devicebook App, solely for your own personal use (if you are an End-user) or business use (if you are a Contractor or Device Manufacturer). Furthermore, with respect to any devicebook App accessed through or downloaded from the Apple App Store or Google Play Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) or an Android-enabled device and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service or Google Play Terms of Service.  The foregoing licenses are granted for the sole purpose of enabling you to use the benefit of the Services as provided, in the manner permitted by these Terms, and this license will terminate once your account is terminated by you or by us. devicebook, its suppliers and service providers reserve all rights not granted in the Terms. Any future release, update or other addition to the Services shall be subject to the above restrictions and these Terms.
    2. Account Registration. You must create an account in order to become a Registered User and to access and use some of the features that are offered through the Services. We reserve the right to close your account at any time for any or no reason. Your access to, and use of the Services is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incorrect, unstable, unfinished, nonfunctional, unsecured, or otherwise inappropriate; you might be subject to the Services that is unstable, insecure, inaccurate, failing to function normally or satisfactorily, or even destructive. You agree not to create an account or use the Services if you have been previously removed by us, or if you have been previously banned from any of the Services. We grant you permission to use the Services subject to the restrictions in these Terms.

In registering an account to access and use the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration (the “Account Information”); and (2) maintain and promptly update the Account Information to keep it true, accurate, current and complete.  You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Services under these Terms or the laws of the United States, your place of residence or any other applicable jurisdiction.  You are responsible for the confidentiality of your account, and all activities that occur under your account.   You agree that you shall monitor your account to restrict use by children under eighteen (18), and you will accept full responsibility for any unauthorized use of Services by minors.  If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).  You agree not to create an account using a false identity or information, or on behalf of someone other than yourself.  You agree that you shall not have more than one account at any given time. 

  1. Updates and Changes to the Services. We are constantly improving and changing our Services.  The Services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. You can stop using our Services at any time, and we will be sorry to see you go.  devicebook may also stop providing Services to you or add or create new limits to our Services at any time.  We may also require you to accept updates to the Services that you have installed.  You acknowledge and agree that we may update aspects of the Services with or without notifying you.  You may need to update third-party software from time to time in order to continue using the Services.
  1. CONTENT and DATA
    1. “Information” means data, text, software, music, sound, photographs, graphics, video, messages, reviews, comments, voting content, user requests, feedback, location, and all other communications or materials accessible through Services.

Content (“Content”) means Information that is intentionally published and posted for others to see, or to use, via the Services. Content is meant to be public for others to see or to use and will be made public by devicebook.

  1. Your Content (which will be public) herein means the following Content, which you upload, post, e-mail, transmit or otherwise make available to or through the Services:

with respect to End-user:

 (Anonymized) reviews, and (anonymized) ratings.

with respect to Contractor:

 (Anonymized) reviews, and (anonymized) ratings,

 Posted Contractor profile,

 Posted wanted devices.

with respect to Device Manufacturer:

 Responses to reviews and questions,

 Posted device profile,

 Posted company profile,

 Published Softdevice (except that the Adaptor of a Softdevice published by device manufacturer is treated as Device Manufacturer’s Data and kept private).

  1. User Content (which will be public) means Content that Users of the Services contribute, submit or transmit to, through, or in connection with the Services.
  2. devicebook Content means Content that devicebook creates, develops, generates, derives, and/or makes available in connection with the Services.
  3. Third Party Content means Content that originates from parties other than devicebook or its Users, which is made available in connection with the Services.
  4. Services Content includes Your Content, User Content, Third Party Content, and devicebook Content.

Data (“Data”) includes Information that is entered as part of the registration process and otherwise entered in connection with use the Services.  Data is not considered public and will not be made public unless you change your settings to make such Data public. Data also includes the operational Information which is generated by a User’s use of the Services to perform, and to continuously perform, the tasks on a User’s behalf, or the analytics and insight based on Information which devicebook creates and uses to improve the Services.  Data is meant to be private and will not be automatically shared or available for others to see or use.

  1. Your Data (it is private) herein means Data which you upload, post, e-mail, transmit or otherwise make available to or through the Services, but it is not part of Your Content.  Your Data may also include, with respect to Data generated by your devices, App Devices, or by the Services on your behalf in connection with the Services.

In other words, Data is made available through the use, the private area, of the Services, and Content is made available through public areas (as set forth in Section 2.a.i) of the Services.

  1. Your Liability for Your Content and Your Data. You alone are responsible for Your Content and Your Data. You assume all risks associated with Your Content and Your Data, including anyone's reliance on its quality, accuracy, correctness, security, or reliability, or any disclosure by you of information in Your Content and Your Data. You represent that you own or have the necessary permissions to use and authorize the use of Your Content and Your Data as described herein. You may not imply that Your Content and Your Data is in any way sponsored or endorsed by devicebook.

You may expose yourself to liability if, for example, Your Content and Data contains material that is false, intentionally misleading, inaccurate, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including violating or advocating the violation of any law or regulation; contains software that is intentionally incorrect, inaccurate, insecure, or destructive to other Users or to devicebook.

  1. Devicebook’s and Users’ Rights Regarding Your Content and Your Data. You hereby grant us a world-wide, perpetual, irrevocable, non-exclusive, royalty-free, assignable, sub-licensable, transferable right and license to use Your Content and Your Data to provide and/or improve the Services and our other products and services. By "use" we include, without limitation, use, run, download, install, execute, copy, publicly perform and display, reproduce, distribute, incorporate, translate, remove, analyze, commercialize, and prepare derivative works of, Your Content and/or Your Data.  We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements* and other works, creating derivative works from it, promoting it, using it, and distributing it. Please review our Privacy Policy to understand the various ways we may use your personal information.

User Content (including any that may have been created by users employed or contracted by devicebook) does not necessarily reflect the capability or opinion of devicebook. We reserve the right to delete, or partially delete, User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may delete a review if we believe it violates these Terms, including the RESTRICTIONS ON USE OF THE SERVICES section below. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

Please note that you also grant the Users of the Services the irrevocable, perpetual right to access Your Content in connection with their use of the Services.  These licenses and the rights you grant continue even if you stop using our Services or terminate your account with us.  You represent that you have the necessary rights to grant us this license for any Content that you submit to our Services.

Finally, you irrevocably waive, and cause to be waived, against devicebook and its Users any claims and assertions, or any claims and assertions of moral rights, or attribution with respect to Your Content and/or Your Data.

  1. Devicebook Communications. By entering into this Agreement or using the devicebook Services, you agree to receive communications from us, including via e-mail and push notifications. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your account or the use of the devicebook Services, updates concerning new and existing features on the devicebook Services, communications concerning promotions run by us or our third-party partners, and news concerning devicebook and industry developments. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
  1. INTELLECTUAL PROPERTY RIGHTS
    1. Your IP Rights. As between you and devicebook, you own Your Content and Your Data.

devicebook IP Rights. We own the devicebook Services and devicebook Content, including but not limited to visual interfaces, interactive features, graphics, drawings, designs, software, programs, infrastructure, know how, APIs (Application Programming Interface), compilation, including, but not limited to, our compilation of User Content and other Services Content, computer code, products, software, aggregate or statistical or any derivatives of information and data contained and processed in the Services and Services Content, and all other elements and components of the Services excluding Your Content, User Content and Third Party Content.

We also own the copyrights, trademarks, service marks, trade names, software, applications, products, design and know-how of the software or applications or products, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the devicebook Services and devicebook Content, including but not limited to the devicebook App, devicebook websites, devicebook infrastructure, devicebook Cloud, Softdevices, dApps (such as dController), non-dApps, and deviceScript (language, visual editor, compiler, interpreter, run-time, and environment),  which are protected by copyright, trade secret, trade dress, patent, trademark laws, and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Services and devicebook Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Services and the devicebook Content are retained by us.

  1. Feedback. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, perpetual, non-exclusive, royalty-free, perpetual, assignable, transferable, sub-licensable, worldwide license to use, modify, prepare derivative works, publish, distribute and sub-license the Feedback, and you irrevocably perpetually, waive, and cause to be waived, against devicebook and its users any claims and assertions of any moral rights contained in such Feedback.
  1. THIRD-PARTY SERVICES AND INTELLECTUAL PROPERTY
    1. Third-Party Services. The Services may include links to other websites or applications or require you to download or otherwise access a third party’s products or services in connection with your use of the Services (each, a "Third-Party Service"). We do not control or endorse any Third-Party Service or Third-Party Content. You agree that we are not responsible for the availability, accuracy, usability, stability, or contents of such Third-Party Services and Third-Party Content. Your use of Third-Party Services and Third-Party Content is solely at your own risk.
    2. Third-Party Advertisements. devicebook reserves the right to display advertisements for third parties before, after, or in conjunction with Your Content posted on the Services, and you acknowledge and agree that devicebook has no obligation to you in connection therewith (including, without limitation, any obligation to share revenue received by devicebook as a result of such advertising).
    3. Open Source.  Some of the services made available through the Services may be subject to additional third-party or open source licensing terms and disclosures. Some provisions in such open source licensing terms may expressly override some of the provisions set forth in these Terms.
  2. RESTRICTIONS ON USE OF THE SERVICES

We are under no obligation to enforce the Terms on your behalf against another User. While we encourage you to let us know if you believe another User has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.  Any unauthorized use of the Services or other violation of the following restrictions terminates the licenses granted by devicebook pursuant to the Terms.

YOU AGREE NOT TO, AND WILL NOT ASSIST, ENCOURAGE, OR ENABLE OTHERS TO USE THE SERVICES TO:

  1. Write a false, inaccurate, or irrelevant or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review.
  2. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
  3. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination.
  4. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Services' search results or any third-party websites and services.
  5. Violate any applicable law.
  6. Assist, encourage, or enable others to violate the Terms.
  7. License, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Services or any portion of Services.
  8. Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Services.
  9. Except as expressly stated herein, copy, reproduce, distribute, download, display, post, or transmit in any form or by any means the Services or Services Content (other than Your Content), except as explicitly authorized herein or by devicebook.
  10. Frame or utilize framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form) of devicebook or reformat or frame any portion of the Services.
  11. Use any metatags or other “hidden text” using devicebook’s name or trademarks.
  12. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Services or any Services Content.
  13. Access the Services in order to build a similar or competitive website, application or service.
  14. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services.
  15. Record, process, or mine information about other users.
  16. Access, copy, duplicate, retrieve or index any portion of the Services for purposes of constructing or populating a searchable database of any purpose.
  17. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Services’ infrastructure or otherwise make excessive traffic or storage demands of the Services.
  18. Attempt to gain unauthorized access to the Services, Services Content, user accounts, user or business devices, computer systems, Services infrastructure, or networks connected to the Services through hacking, password mining or any other means.
  19. Use the Services, or any Services Content, or any devices to transmit any computer viruses, worms, defects, Trojan horses, denial-of-service attack, or other items of a destructive nature ("Viruses").
  20. Use any device, software or routine that interferes with the proper working of the Services, or otherwise attempt to interfere with the proper working of the Services.
  21. Use the Services to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Services or Services Content.
  22. Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of Services Content, or features that enforce limitations on the use of the Services.
  23. If a Contractor includes clients’ installations in its posted profile or credentials, (A) the Contractor must receive a prior permission from each particular client, (B) only devicebook installations are allowed.
  24. With respect to Device Manufacturer, publish the Softdevices of the corresponding Devices which are not design, manufactured, or distributed by such Device Manufacturer.
  1. INDEMNITY

You agree to indemnify, defend, and hold devicebook, its subsidiaries, affiliates, any related companies, suppliers, licensors, partners, and commercial account holders, and the officers, directors, employees, agents and representatives of each of them (collectively, the "devicebook Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Services and the Services Content, (ii) your violation of the Terms, (iii) Your Content and Your Data; (iv) any devices, products, or services purchased or obtained by you, or by someone on your behalf,  in connection with the Services, or (v) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. devicebook reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of devicebook. devicebook will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  1. DISCLAIMERS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE DEVICEBOOK ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  AS SUCH, YOUR USE OF THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK. THE DEVICEBOOK ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICES, ITS SAFETY OR SECURITY, OR THE SERVICES CONTENT. ACCORDINGLY, THE DEVICEBOOK ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICES' INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICES AND THE SERVICES CONTENT, OR ANY METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICES.

DEVICEBOOK MAKES NO GUARANTEE AND ASSUMES NO LIABILITY FOR YOUR DEVICE(S), ANY EQUIPMENT, DEVICEBOOK SERVICES, AND/OR YOUR USE OF DEVICEBOOK’S SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DEVICEBOOK MAKES NO GUARANTEE THAT THE DEVICE(S), ANY EQUIPMENT, DEVICEBOOK SERVICES, AND/OR YOUR USE OF THE DEVICEBOOK’S SERVICES WILL ALERT YOU TO AND/OR ELIMINATE ANY OR ALL OCCURRENCES OR CONSEQUENCES OF THE EVENTS THEY ARE DESIGNED TO DETECT OR AVERT, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, TORTS, ROBBERIES, OTHER CRIMINAL ACTIVITY, AND MEDICAL PROBLEMS, AND TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, DEVICEBOOK WILL NOT BE LIABLE FOR ANY DAMAGES INCURRED AS A RESULT OF ANY FAILURE TO SO DETECT OR ALERT OR OTHERWISE FUNCTION AS DESIGNED. DEVICEBOOK MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. DEVICEBOOK DOES NOT UNDERTAKE ANY RISK THAT YOU OR YOUR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH YOU, NOT DEVICEBOOK. TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE AND PROMISE NOT TO SUE OR BRING ANY CLAIM OF ANY TYPE AGAINST DEVICEBOOK OR ITS THIRD PARTY PROVIDERS FOR LOSS, DAMAGE, OR INJURY RELATING IN ANY WAY TO YOUR DEVICE(S) OR THE SERVICES PROVIDED BY OR ON BEHALF OF DEVICEBOOK.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT DEVICEBOOK DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF SERVICES.

THE DEVICEBOOK ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SERVICES OR THE SERVICES’ USERS. ACCORDINGLY, THE DEVICEBOOK ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED IN OUR SERVICES. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICES IS AT YOUR OWN DISCRETION AND RISK.

THE DEVICEBOOK ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICES, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE DEVICEBOOK ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.

DEVICEBOOK ENTITIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SERVICES WILL BE ACCURATE OR RELIABLE.

ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.  DEVICEBOOK MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DEVICEBOOK OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

FROM TIME TO TIME, DEVICEBOOK MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT.  SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT DEVICEBOOK’S SOLE DISCRETION.  THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

  1. LIMITATIONS OF LIABILITY

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.

THE DEVICEBOOK ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE DEVICEBOOK ENTITIES IN CONNECTION WITH THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $50.

THE DEVICEBOOK ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) PERSONAL INCONVINENCE, (vi) LOSS OR DAMAGE OF PROPERTY OF ANY KINDS, OR (vii) LOSS OF INFORMATION OR DATA OF ANY KIND.

  1. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

It is devicebook’s policy to terminate the account of any user who repeatedly infringes copyright upon prompt notification to devicebook by the copyright owner or the copyright owner’s legal agent.  Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.  Contact information for devicebook’s Copyright Agent for notice of claims of copyright infringement is as follows: legal@devicebook.com.

  1. CHOICE OF LAW AND VENUE

These Terms, as well as any claim, cause of action or dispute that might arise between you and devicebook, will be governed by the laws of the State of Delaware, without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF DELAWARE, U.S.A.

  1. DISPUTE RESOLUTION

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully.  It requires you to arbitrate disputes with devicebook and limits the manner in which you can seek relief from us.

  1. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services, to any products sold or distributed through the Services, or to any aspect of your relationship with devicebook, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or devicebook may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).  This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement. 

IF YOU AGREE TO ARBITRATION WITH DEVICEBOOK, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST COMPANY ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF.  INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING.  IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.  YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.

  1. Arbitration Rules and Forum.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.  To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: The Corporation Trust Company, Corporation Trust Center, 1118th Ave., 13th Fl, New York, NY 10011.  The arbitration will be conducted by JAMS, an established alternative dispute resolution provider.   Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/.  JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.  If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.  If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, devicebook will pay them for you.  In addition, devicebook will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.  Likewise, devicebook will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location.   Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

  1. Authority of Arbitrator.  The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable.  The arbitration will decide the rights and liabilities, if any, of you and devicebook.   The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us.
  2. Waiver of Jury Trial.  YOU AND DEVICEBOOK HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  You and devicebook are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as expressly set forth herein.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would.   However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
  3. Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  Notwithstanding anything to the contrary herein, (a) representative action for public injunctive relief may be arbitrated on a class basis and (b) in the event that the foregoing sentence is deemed invalid or unenforceable with respect to a particular class or dispute for recovery of damages, neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court.
  4. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: devicebook, legal@devicebook.com, within 30 days after first becoming subject to this Arbitration Agreement.  Your notice must include your name and address, the email address you used to set up your devicebook account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement.    If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.  Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
  5. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
  6. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with devicebook.
  7. Modification.  Notwithstanding any provision in this Agreement to the contrary, we agree that if devicebook makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to devicebook.
  1. TERMINATION

You may terminate the Terms at any time by discontinuing your use of the Services and closing your Account by sending a notice of termination to contact@devicebook.com.  Please review our Privacy Policy for our practices with respect to how we handle your Account or any other information we collect through your use of the Services, following termination.

We may close your account, suspend your ability to use all or certain portions of the Services, and/or terminate your Account and prohibit your continued use of the Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Services, Your Content, Your Data, Services Content, or any other related information.

In the event of any termination of these Terms, whether by you or by us, any license we had granted you to use our software in connection with the Services will immediately terminate.  Sections 2, 3, 4, 5 and 7 through 15 of these Terms will remain in force, including our right to use Your Content and Your Data.

  1. TRANSLATION

We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with devicebook, and any inconsistencies among the different versions will be resolved in favor of the English version.

  1. ACCESSING AND DOWNLOAD THE APPLICATION FROM ITUNES OR GOOGLE PLAY

The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store or Google Play (“App Store Provider”):

  1. You acknowledge and agree that (i) the Terms are concluded between you and devicebook only, and not App Store Provider, and (ii) devicebook, not App Store Provider, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the applicable App Store Terms of Service.
  2. You acknowledge that App Store Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify App Store Provider, and App Store Provider will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, App Store Provider will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between devicebook and App Store Provider, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of devicebook.
  4. You and devicebook acknowledge that, as between devicebook and App Store Provider, App Store Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  5. You and devicebook acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between devicebook and App Store Provider, devicebook, not App Store Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
  6. You and devicebook acknowledge and agree that App Store Provider, and App Store Provider’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, App Store Provider will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
  7. Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
  1. GENERAL TERMS
    1. Electronic Communications.  The communications between you and devicebook use electronic means, whether you visit Services or send devicebook e-mails, or whether devicebook posts notices on Services or communicates with you via e-mail.  For contractual purposes, you (1) consent to receive communications from devicebook in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that devicebook provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.
    2. Release.  You hereby release devicebook Entities and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of Services.  If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor”.  The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a devicebook Entity or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the website or any Services provided hereunder.
    3. Assignment.  The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without devicebook’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
    4. Force Majeure.  devicebook shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
    5. Questions, Complaints, Claims.  If you have any questions, complaints or claims with respect to Services, please contact us at contact@devicebook.com.  We will do our best to address your concerns.  If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
    6. Exclusive Venue.  To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and devicebook agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Delaware.
    7. Notice.  Where devicebook requires that you provide an e-mail address, you are responsible for providing devicebook with your most current e-mail address.  In the event that the last e-mail address you provided to devicebook is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, devicebook’ dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  You may give notice to devicebook at the following address: legal@devicebook.com. 
    8. Waiver.  Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    9. Severability.  If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
    10. Export Control.  You may not use, export, import, or transfer Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Services, and any other applicable laws.  In particular, but without limitation, Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.  You acknowledge and agree that products, services or technology provided by devicebook are subject to the export control laws and regulations of the United States.  You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer devicebook products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
    11. Consumer Complaints.  In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
    12. Entire Agreement.  The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

 

devicebook

PRIVACY POLICY

Updated on 4/26/2022

 

This “Privacy Policy” describes the privacy practices of devicebook, Inc. (“devicebook”, “we”, “us”, or “our”) in connection with our Services and the rights and choices available to individuals with respect to their information. Capitalized terms used but not defined herein will have the definitions accorded to them in the devicebook Terms of Service.

“Personal Information” for purposes of this Privacy Policy means information specifically about you, which you typically provide on a voluntary basis

Personal Information We Collect

Information you provide to us. We collect the Personal Information you provide to us through or in connection with our Services or otherwise, as described below.

How We Use Your Personal Information

To manage your Account. We use Your Account Information to authenticate you as a User of our Services, secure your usage of the Services, and provide proper operations of the Services with respect to your Account.

To operate our Services. We also use Your Personal Information to:

To display Content of Contractors and Device Manufacturers Your Content is designed to be published and shared with other Users of the Services and will be managed according to the devicebook Terms of Service.

We have the right to collect Your Content to provide the Services, and to aggregate Your Content with Content of other Users.

For research and development.  We analyze use of the Service to analyze and improve the Service and to develop new products and services, including by studying user demographics and use of the Service.

To create anonymous, aggregated or de-identified data. We may create anonymous, aggregated or de-identified data from your Personal Information and other individuals whose Personal Information we collect.  We make Personal Information into anonymous, aggregated or de-identified data by removing information that makes the data personally identifiable to you.  We may use this anonymous, aggregated or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business. We may also use this anonymous, aggregated or de-identified data in statistical analysis to help us analyze patterns in the use of our Services and help identify problems related to the Services, such as bugs and crashes. We may also use this anonymous, aggregated or de-identified data to improve our internal operations, notify visitors of updates to our Website and Services, and software and customize the content and layout of the Website and/or Services. We reserve the right to disclose anonymous, aggregated or de-identified data publicly without restriction.

We have the right to collect Your Data to provide the Services, and to aggregate Your Data with Data of other Users, in order to create insight and help improve the Services.  We may also use Your Data to create Anonymous Information records by excluding information that makes the information personally identifiable to you.

Activity and Usage Data. We may collect the activity and usage data for the continuous operation and/or enhancement of the Services from the following sources: (a) account activities, DApp activities, device activities, devicebook mobile application activities, and activities of review, questions and answer, vetting, voting, and user requests. Additionally, we may collect devicebook mobile App bug and crash reports, devicebook cloud debug logs, and user IP addresses, in order to troubleshoot various issues with the Services, including those reported directly to us by you.

We may also collect and store your location data to enable Home/Away assist feature even when the app is closed or not in use, if you enable this feature when using our devicebook Apps accessed through or downloaded from the Apple App Store or Google Play Store.

For compliance, fraud prevention, and safety.  We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Service; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity

With your consent.  In some cases, we may specifically ask for your consent to collect, use or share your Personal Information, such as when required by law. 

How We Disclose Information

We disclose certain Personal Information:

BECAUSE WE DO NOT CONTROL THE PRIVACY PRACTICES OF THESE THIRD-PARTY COMPANIES, YOU SHOULD READ AND UNDERSTAND THEIR PRIVACY POLICIES.

NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS (AS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83

If you are a California resident, you may have the right to request and receive certain information about our disclosure of your personal information to third parties for their direct marketing purposes, and your choices with respect to such disclosures. Because it is our policy not to share your personal information with third parties unless you are first given the opportunity to opt-out from such sharing, we are exempt from having to meet this requirement. If you still wish to learn more about our compliance with this requirement, please contact us using the information provided in the “How to Contact Us” section below.

Controlling Your Information

Access or Update Your Information. You can review and/or change certain of your Personal Information by logging into the Services and accessing your Account. You authorize us to use and disclose any new or modified information that you provide in accordance with this Privacy Policy, and you agree that we are under no obligation to delete or modify information that you have previously chosen to provide us. Please remember, however, if we have already disclosed some of Your Personal Information to third parties, we cannot access that Personal Information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.

Certain information is necessary for us to provide the Services; therefore, if you delete such necessary information, you will not be able to use the Services. Please note that even though you may request the deletion of Your Personal Information by us, we may be required (by law or otherwise, such as to prevent fraud, resolve disputes, troubleshoot problems, or enforce our Terms of Service) to keep this information and not delete it (or to keep this information for a certain time) in which case we will comply with your deletion request only after we have fulfilled such requirements.  When we delete Your Personal Information, it will be deleted from the active database, but may remain in our archives.  Further, we reserve the right not to delete any anonymous, aggregated or de-identified data so that we can continue to use such information in accordance with this Privacy Policy.

Marketing Communications. We will communicate with you primarily in the form of emails or in-account messaging. You can manage the frequency and/or opt out of receiving email communications by changing your settings within the Services and/or clicking the “Unsubscribe” link at the bottom of each email. Please note that even if you unsubscribe or opt-out, we may still send you Services-related communications (e.g., emails related to your account).

We do not tract users visiting our website at present, while we might do in the future and this Privacy Policy would be updated accordingly.

Other sites, mobile applications and services

This Privacy Policy addresses only our use and disclosure of information we collect from and/or about you in connection with the Services.

The Services may contain content or links to other websites or applications that are not owned or controlled by us. We have no control over, do not review and are not responsible for the privacy policies of or content displayed on such other websites. When you click on such a link, you will leave our Services and access such third party’s website or services.  During this process, another entity may collect Personal Information from you. If you disclose information to such third party, the use and disclosure restrictions contained in this Privacy Policy will not apply to such third party. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable.

Security Practices

The security of your Personal Information is important to us.  We employ a number of organizational, technical and physical safeguards designed to protect the personal information we collect.  However, security risk is inherent in all internet and information technologies, and we cannot guarantee the security of your Personal Information.

International data transfers

We are headquartered in the United States and have service providers in other countries, and your personal information may be transferred to the United States or other locations outside of your state, province, or country where privacy laws may not be as protective as those in your state, province, or country. 

Children 

As a general rule, children are not allowed to use our Services, and we do not collect personal information from them. We define "children" as anyone under 13 years old. If we learn that we have collected personal information from a child without the consent of the child’s parent or guardian, we will delete it.  We encourage parents with concerns to contact us.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Services. We may, and if required by law will, also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail (if you have an account where we have your contact information) or another manner through the Services.

Any modifications to this Privacy Policy will be effective upon our posting the new terms and/or upon implementation of the new changes on the Services (or as otherwise indicated at the time of posting). In all cases, your continued use of the Services after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

How to Contact Us

Please direct any questions about this Policy or privacy practices to privacy@devicebook.com.