Guest WiFi Services Agreement

Last Modified: November 17, 2023.

You must read through the Terms before you can click on “I Agree.” By clicking in the checkbox and the “I Agree” button you are agreeing to be bound to these Terms. You will not be permitted to access the Services or Network unless you click “I Agree”. If you do not agree, do not click “I Agree.”

Introduction

SmartRent Technologies, Inc., (“SmartRent,” “we,” “our,” or “us”) is pleased to provide you with access to our WiFi network (“Network”) service. We do not guarantee up-time or specific rates of speed. We also have no control over information obtained through the Network and cannot be held responsible for its content or accuracy. You agree that you assume all risk associated with your use of the Network.

This Guest Wi-Fi Services Agreement (“Agreement”) is a legal document and is legally binding. You should read it carefully to make sure you understand the obligations that it creates. The Agreement governs your access to and use of the Network. We reserve the right to amend, alter, or modify the Agreement at any time and we are not obligated to provide you with advance notice of such changes. In the event we make material changes to this Agreement, we will provide you with notice to the email address you provided. It is your sole responsibility to ensure that you can receive emails from us. Without limiting any other provision in this Agreement, you agree that we will not be liable for your failure to receive an email from us.

You are responsible for ensuring you are running up-to-date anti-virus software on equipment you use to connect to the Network. You acknowledge you are aware that, as you connect your equipment to the Internet through the Network, you expose your equipment to: worms, viruses, Trojan horses, denial-of-service attacks, intrusions, packet-sniffing, and other abuses by third-parties.

You understand that wireless Internet access is inherently not secure, and you should adopt appropriate security measures when using the Network. You are solely responsible for the security of your equipment that you use to access and use the Network.

You will need to read through the Terms before you can click on “I Agree.” By clicking in the checkbox and the “I Agree” button, you are agreeing to be bound to these Terms. If you do not agree, do not click “I Agree.” You will not be permitted to use the Network.

If you would like to read SmartRent’s privacy policy, click here.

Your Service Registration Responsibilites

As part of completing your sign up for access to the Network, you may be asked for certain information such as a user name and password (“Credentials”). If Credentials are required to access the Network, you are solely responsible for maintaining the confidentiality of your Credentials. You agree that you are responsible for anyone using your computer system, if any, the Credentials used in connection with the Network and for ensuring that anyone who does use the Network through your computer does so in accordance with this Agreement. You agree to take all reasonable measures necessary to ensure that the Network is not used by another without your consent.

Equipment

To use the Network, you must meet minimum computer, device, in-home network and system requirements as identified by SmartRent here.

Computer Equipment: The minimum equipment configuration standards may change from time to time and we are not obligated to provide support for any equipment. If you are using Equipment such as modems, gateways, routers, or wireless cards provided to you by SmartRent, you acknowledge that such equipment may require updates and/or changes from time to time and that you may be required to perform such updates and/or changes, as instructed by us. Notwithstanding the foregoing, you hereby authorize us to perform updates and/or changes to such equipment, on-site or remotely from time to time as we deem necessary.

Software: SmartRent does not support third party software or firmware. Any and all software and firmware provided by SmartRent is the property of SmartRent and/or its licensors. SmartRent hereby grants you a nonexclusive, nontransferable license to install and use on your equipment the software for use solely in connection with the use of the Network. Upon any termination of your access to the Network, this license will terminate.

No Technical Assistance: SmartRent does not provide technical assistance for the equipment or any software, including but not limited to gaming systems. Any questions concerning the equipment or software should be directed to the manufacturer of that product. Unless you have entered into an equipment service agreement with SmartRent, SmartRent is not responsible for the operation or support, maintenance or repair of any equipment, software or services that you use in connection with accessing the Network.

Monitoring and Enforcement of Access and Use of the Network

SmartRent, in its sole discretion, will determine whether your use of the Network is in compliance with the Agreement. We have the right to:

  • Monitor your use of the Network for any purpose in our sole discretion and as we see fit.
  • Take any action we deem necessary if we believe your conduct on the Network violates the Agreement and/or could create liability for SmartRent.
  • Disclose your identity or other information about you to any third party who claims that material you posted while using the Network violates their rights, including without limitation, their intellectual property rights or their right to privacy.
  • Take legal action, including without limitation, referral to law enforcement, for any illegal use of the Network.
  • Terminate or suspend your access to all or part of the Network for any or no reason, including without limitation, any violation of this Agreement.

Prohibited Uses of the Network

You agree not to use the Network:

  • To send, knowingly receive, upload, download, use, or re-use any material which violates the rights of any individual or entity or is illegal.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including without limitation, by exposing them to illegal or inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including without limitation, any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate any person or entity.
  • To engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Network, or which, as determined by us, may harm SmartRent or users of the Network or expose them to liability.
  • In any way that violates any applicable federal, state, local, or international law or regulation (including without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • In any manner that could disable, overburden, damage, or impair the Network or interfere with any other party's use of the Network, including without limitation, their ability to engage in real time activities through the Network.
  • Along with an automated device, process or means, including but not limited to a bot or worm, that can access Network resources, for the purpose of monitoring or copying any Network traffic.
  • Use any manual process to monitor or copy any Network traffic or resources available on the Network or for any other unauthorized purpose without our prior written consent.
  • To interfere with the proper working of the Network.
  • To introduce malware such as viruses, trojan horses, worms, logic bombs, or other software or material which is malicious or can be technologically harmful to the proper operation of the Network.
  • To gain unauthorized access to, interfere with, damage, or disrupt any part of the Network or any server, computer, database, or other resource or element connected to the Network.
  • To violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of the Network.
  • To connect to "Peer to Peer" file sharing networks or download large files, such as CD ISO images.
  • Access another person's computer, computer account, files, or data without permission.
  • Attempt to circumvent or subvert system or network security measures.
  • Create or run programs that are designed to identify security loopholes, to decrypt intentionally secured data, or to gain unauthorized access to any system.
  • Use any means to decode or otherwise obtain restricted passwords or access control information.
  • To otherwise attempt to interfere with the proper working of the Network.

Content Standards

You agree not to use the Network to send, knowingly receive, upload, download, use, or re-use any content which

  • Contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violates the legal rights (including without limitation the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations.
  • Is likely to deceive any person.
  • Promotes any illegal activity, or advocates, promotes, or assists any unlawful act.
  • Causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonates any person, or misrepresents your identity or affiliation with any person or organization.
  • Involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Bandwidth

You understand and agree that SmartRent does not guarantee that any particular amount of bandwidth on the Network or that any speed or throughput will be available. You understand and agree that the speed of your Internet service will vary depending upon a number of factors, including your equipment, Internet traffic, Network capacity limitations, system failures, modifications, upgrades, repairs, governmental actions, and other events beyond SmartRent’s control.

Minors

By using this Network, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Network with the consent of your parent or legal guardian and that you have received your parent's or legal guardian's permission to use the Network and agree to this Agreement. If you are a parent or legal guardian of a Minor, you are liable for the Minor’s use of the Network. If you are not at least 13 years old, you may not use the Network.

Termination

We may terminate this Agreement at any time and without notice if you breach this Agreement.

Warranty

SMARTRENT IS NOT LIABLE FOR ANY LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, MIS-DELIVERIES, OR SERVICE INTERRUPTION, HOWEVER CAUSED. SMARTRENT IS NOT LIABLE FOR ANY DAMAGE, UNDESIRED RESOURCE USAGE, OR DETRIMENTAL EFFECTS THAT MAY OCCUR TO YOUR EQUIPMENT AND/OR SOFTWARE WHILE YOUR EQUIPMENT IS ATTACHED TO THE NETWORK. SMARTRENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, UNINTERRUPTED OR ERROR FREE SERVICE.

Waiver and Indemnity

YOU AGREE TO WAIVE AND HOLD SMARTRENT, ITS AFFILIATES, LICENSEES, SERVICE PROVIDERS, THE PROPERTY LANDLORD, AND PROPERTY MANAGER HARMLESS FROM ANY CLAIMS YOU MAY HAVE RESULTING FROM ACTION TAKEN BY SMARTRENT RELATIVE TO YOUR USE OF THE NETWORK, INCLUDING ANY INVESTIGATIONS UNDERTAKEN BY EITHER SMARTRENT OR LAW ENFORCEMENT AUTHORITIES.

YOU AGREE TO INDEMNIFY SMARTRENT, ITS AFFILIATES, LICENSEES, SERVICE PROVIDERS, THE PROPERTY LANDLORD, AND THE PROPERTY MANAGER FROM ANY LIABILITY ARISING FROM YOUR USE OF THE NETWORK.

Dispute Resolution and Arbitration; Class Action Waiver

This Dispute Resolution and Arbitration; Class Action Waiver section (collectively, the “Dispute Resolution”) provides that all disputes between you and SmartRent shall be resolved by binding arbitration and that you expressly waive your right to a court or jury trial and/or initiate a class action. For the purpose of this Dispute Resolution section, the reference to SmartRent includes its directors, employees, agents, affiliates, licensees, service providers, property landlord, and property manager. For all disputes, whether pursued in court or arbitration, you must first give SmartRent an opportunity to resolve the dispute. You must commence this process by mailing written notification to the Company at 6811 E. Mayo Blvd, Fourth Floor, Phoenix, AZ 85054. That written notification must include (1) your name, (2) your address, (3) a written description of your dispute, and (4) a description of the specific relief you seek. If SmartRent does not resolve the dispute within 45 days after it receives your written notification, you may pursue your dispute in arbitration.

ARBITRATION REPLACES THE RIGHT TO GO TO COURT TO RESOLVE DISPUTES. YOU AGREE THAT ANY AND ALL DISPUTES, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT.

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held in Scottsdale, Arizona. All matters within the scope of the Federal Arbitration Act (9 U.S.C. 1, et seq.) will be governed by it and not by any state arbitration law. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that this agreement does not 6 permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any prexisting right of the tribunal to rule upon the tribunal's power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.

Confidential. Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Agreement.

Limitations Period. Any and all claims and actions arising out of or relating to the use of the Network shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.

Governing Law

This Agreement shall be governed by and constructed in accordance with the laws of the State of Arizona excluding its conflict of laws principles. The exclusive jurisdiction for any dispute not covered by the terms of the Dispute Resolution provision set forth in this Agreement may be filed only in the state or federal courts located in the State of Arizona, United States. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

Miscellaneous

  • No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by SmartRent.
  • If any provision or portion of this Agreement should be held unenforceable, illegal or invalid for any reason, then that provision or portion shall be modified or deleted in such manner as to render the remainder of the provision and remaining provisions of the Agreement valid and enforceable.

29. Contact SmartRent

If you have any questions about these Terms or otherwise need to contact SmarRent for any reason, you can reach SmarRent at:

Contact SmartRent: [email protected] or https://smartrent.com/contact-smartrent/

Contact Sales: [email protected] or https://smartrent.com/contact-smartrent/

Contact Support: [email protected] or https://smartrent.com/contact-smartrent/