Resident & Business
SmartRent® Service Agreement and Terms of Service
Last Modified: January 11, 2024.
You must read through the Terms before you can click on “I Agree.” By clicking in the checkbox and the “I Agree” button or executing an order, you are agreeing to be bound to these Terms. You will not be permitted to access the Services, Network, or use the Site unless you click “I Agree”. If you do not agree, do not click “I Agree.”
SmartRent Technologies, Inc. (“SmartRent,” “we,” “our,” or “us”) is pleased to provide you with access to the www.smartrent.com website (“Site”), our WiFi network (“Network”), and the services or Network offered by SmartRent at the single-family house, student rental, apartment and/or apartment complex (“Property”) where you visit, park, work, or live (collectively, the “Services”). Except as otherwise specified in this Agreement (as defined below), reference to the Site and/or Services also includes the content, services, and any software that SmartRent provides that allows you to access and use the Site and/or Services from a Mobile Device (“Mobile Device”).
SmartRent does not guarantee up-time or specific rates of speed for the Services. SmartRent has no control over information obtained through the Services and cannot be held responsible for its content or accuracy. We do not guarantee the Site and/or Services will be available at all times or the quality of its performance. You agree that you assume all risk associated with your use of the Site and/or Services.
This SmartRent Services Agreement and Terms of Service (“Agreement”) is a legal document and is binding on the parties, and your use of the Network is conditioned upon your acceptance and agreement to the terms herein. Please read it carefully to make sure you understand the obligations that it creates. The Agreement governs your access to and use of the Network, Services, and the Site, and the contents therein.
SmartRent reserves the right to amend, alter, or modify the Agreement at any time without advance notice of such changes. In the event we make material changes to this Agreement, we will provide you with notice, addressed to the email address you provided. It is your sole responsibility to ensure that the email address provided is active and can receive emails from us, and SmartRent will not be liable for your failure to receive notices sent to a properly addressed email.
By using the Site and/or Services, you agree to be bound by the terms of this Agreement on behalf of yourself and all members of your household, staff, employees, and others who use the Services under your account. If you do not accept the terms of this Agreement, you may not use the Services.
2. Assumption of Risk
You are responsible for ensuring that all devices or equipment you use to connect to the Network are running up-to-date anti-virus software. You acknowledge you are aware that your failure to maintain proper safeguards on any device or equipment connected to the Internet through the Network may expose it 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.
3. Purchases and Payment
3.1. Payment for Network Connectivity
This section is only applicable if you are required to pay for access to the Network pursuant to a separate agreement with SmartRent or your Landlord.
3.1.1. Payment to Landlord
If payment is collected by your Landlord, then in consideration for providing access to the Network, you agree to pay your Landlord the amount due for the Network Connectivity service you elected, and further agree to abide by the payment schedule and terms established with your Landlord. Network service termination will be processed in accordance with the terms established with your Landlord.
3.1.2. Payment to SmartRent
If payment is collected by SmartRent, then in consideration for providing access to the Network, you hereby agree to pay SmartRent monthly the amount due for the Network Connectivity service you selected in accordance with the SmartRent Network Connectivity Payment Terms found here. Those SmartRent Network Connectivity Payment Terms will remain in effect until your subscription to the Network expires or otherwise terminates.
3.2. Payment for Product Purchases
If applicable, you agree to pay all fees or charges to your account for any product purchases you make through the Services. SmartRent will charge your payment method when your item ships. If you do not pay on time or if we cannot charge your credit card, PayPal, or other payment method for any reason, we reserve the right to either suspend or terminate your access to the Service.
You expressly agree and permit SmartRent to bill you for the applicable fees, any applicable tax, and any other charges you may incur in connection with purchases made through the Service, and the fees will be billed to your account. If you have a balance due on any account, you agree that SmartRent may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. Refunds for any purchased items through the Services will be in accordance with such purchased items’ product warranties provided by the manufacturer of such product.
4. Network Registration Responsibilities
As part of completing your registration for access to the Network, you must establish an identity with your email address by selecting a password. You are solely responsible for maintaining the confidentiality of your username and password. You agree to take all reasonable measures necessary to ensure that your username and password is not used by another person. You agree that you are solely responsible for the use of your computer, devices, password, name, or username in connection with the Network by anyone other than yourself, and for ensuring that any such person does so in accordance with this Agreement.
5. Equipment for Network Access
To use the Network, you must meet the 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 SmartRent is not responsible for supporting 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 SmartRent 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 for Network access 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.
6. Monitoring and Enforcement of Access
SmartRent, in its sole discretion, will determine whether your use of the Network, Services and/or the Site is in compliance with the Agreement. To determine such compliance, SmartRent may take actions including but not limited to:
- Monitor your use of the Services and the Site for any purpose in our sole discretion and as SmartRent sees fit.
- Take any action SmartRent deems necessary if we believe your conduct on the Services or the Site 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 on the Site or Services 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 Services or the Site.
- Terminate or suspend your access to all or part of the Services and/or the Site for any or no reason, including without limitation, any violation of this Agreement.
7. Prohibited Uses
As an express condition to your use of the Network, Services, or the Site, you understand, acknowledge, and agree that you will not:
- Send, knowingly receive, upload, download, use, or re-use any material which violates the rights of any individual or entity or is illegal.
- Use it 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.
- 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.
- Impersonate or attempt to impersonate any person or entity.
- Engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Services or the Site, or which, as determined by us, may harm SmartRent or users of the Services or the Site or expose them to liability.
- Use it 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).
- Use it in any manner that could disable, overburden, damage, or impair the Services or the Site or interfere with any other party's use of the Services or the Site, including without limitation, their ability to engage in real time activities through the Services and the Site.
- Use an automated device, process or means, including but not limited to a bot or worm, that can access Services or Site resources, for the purpose of monitoring or copying any Network traffic, Services activity, or Site activity.
- 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.
- Interfere with the proper working of the Services or the Site.
- 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 Services or the Site.
- Gain unauthorized access to, interfere with, damage, or disrupt any part of the Services, the Site, or any server, computer, database, or other resource or element connected to the Services or the Site.
- Violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of the Services or the Site.
- 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 Services or the Site.
This list is illustrative and shall not be deemed exhaustive of our rights.
In the event of a violation of these Prohibited Uses, SmartRent reserves the right to: (a) terminate access to your account, your ability to post to the Site (or use the Services); and (b) refuse, delete, or remove any Submissions, with or without cause and with or without notice, for any reason or no reason, or for any action that SmartRent determines is inappropriate or disruptive to the Site or the Services, or to any other user of the Site and/or Services. SmartRent may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, SmartRent will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Services and Site or on the Internet.
8. Content Standards
As an express condition to your use of the Network, Services, or the Site, you understand, acknowledge, and agree that you will not use the Network, Services, or the Site 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 intended to or is reasonably 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.
This list is illustrative and shall not be deemed exhaustive of our rights.
In the event of a violation of these Content Standards, SmartRent reserves the right to: (a) terminate access to your account, your ability to post to the Site (or use the Services); and (b) refuse, delete, or remove any Submissions, with or without cause and with or without notice, for any reason or no reason, or for any action that SmartRent determines is inappropriate or disruptive to the Site or the Services, or to any other user of the Site and/or Services. SmartRent may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, SmartRent will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Services and Site or on the Internet.
9. Site or Services Submissions
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds, and other content or material that you submit, upload, post, or otherwise make available on or through the Site (each a “Submission”) and through the Services. When you provide Submissions, you agree that those Submissions shall not be in violation of any provision in this Agreement. You may not upload, post, or otherwise make available on the Site or Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights, or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability, and appropriateness.
You agree to pay for all royalties, fees, damages, and any other monies owing to any person by reason of any Submissions posted by you to or through the Site or the Services.
10. Proprietary Rights
SmartRent is a registered trademark of SmartRent in the United States. Other trademarks, names and logos on the Site are the property of their respective owners.
Unless otherwise specified in this Agreement, all information and screens appearing on the Site and Services, including documents, services, site design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of SmartRent, Copyright © of SmartRent. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
The Mobile Application software that is provided to you through the Site and Services and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if you are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
11. Intellectual Property Infringement & DMCA Notification
SmartRent respects the intellectual property rights of others, and requires users of the Site, Services and/or Network to do the same. SmartRent may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site or Services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site or through the Services, please provide SmartRent's designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site or the Services, and information reasonably sufficient to permit SmartRent to locate the material;
- Information reasonably sufficient to permit SmartRent to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SmartRent’s agent for notice of claims of copyright or trademark infringement on this Services and Site can be reached as follows:
SmartRent Legal Department
8665 E. Hartford Dr.
Scottsdale, AZ 85255
Email: [email protected]
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to individual liability.
11.1. Submitting a DMCA Counter-Notification
If removal to copyright-protected material that you provided is required pursuant to a valid DMCA take-down notice, SmartRent will notify you that such material has been removed or access disabled. If you receive such notice, you may provide a counter-notification in writing to SmartRent’s designated agent that includes the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which SmartRent may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
11.2. Termination of Access for Infringement
SmartRent reserves the right, in its sole discretion, to terminate the account or access of any user of the Site, Network, or Services who is the subject of or receives repeated DMCA or other infringement notifications.
12. Advertisements and Third-Party Links
13. Mobile Applications
SmartRent makes available Mobile Applications to allow for access to the Site and the Services via a user’s Mobile Device. To use the Mobile Application, you must have a Mobile Device that is compatible with the mobile service provider. SmartRent does not warrant that the Mobile Application will be compatible with your Mobile Device.
SmartRent hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one Mobile Device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application.
You acknowledge that SmartRent may from time-to-time issue upgraded versions of the Mobile Application and may automatically electronically upgrade the version of the Mobile Application that you are using on your Mobile Device. You consent to such automatic upgrading on your Mobile Device and agree that this Agreement will apply to all such upgrades.
The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and SmartRent and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that SmartRent provides to you designed for use on an Apple iOS-powered Mobile Device (an “iOS App”):
- You acknowledge that this Agreement is between you and SmartRent only, and not with Apple, Inc. (“Apple”).
- Your use of SmartRent’s iOS App must comply with Apple's then-current App Store terms of service.
- SmartRent, and not Apple, is solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that SmartRent, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by this Agreement and any law applicable to us as provider of the iOS App.
- You agree that SmartRent, and not Apple, shall be responsible, to the extent required by this Agreement, for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- 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 agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- You agree that Apple and Apple’s subsidiaries are third-party beneficiaries to this Agreement as it relates to your license of SmartRent’s iOS App. Upon your acceptance of Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that SmartRent provides to you designed for use on an Android-powered Mobile Device (an “Android App”):
- You acknowledge that this Agreement is between you and SmartRent only, and not with Google, Inc. (“Google”).
- Your use of SmartRent’s Android App must comply with Google’s then-current Android Market terms of service.
- Google is only a provider of the Android Market where you obtained the Android App. SmartRent, and not Google, are solely responsible for SmartRent’s Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to SmartRent’s Android App or these Terms.
- You acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to SmartRent’s Android App.
The following additional terms and conditions apply with respect to any Mobile Application that SmartRent provides to you designed for use on an Android-powered Mobile Device and obtained from the Amazon App Store (an “Amazon Android App”):
- You acknowledge that this Agreement is between you and SmartRent only, and not with Amazon.com, Inc. (“Amazon”).
- Amazon has no obligation or liability to you with respect to SmartRent’s Amazon Android App and the Services and Content available thereon. SmartRent, and not Amazon, are solely responsible for SmartRent’s Amazon Android App and the Services and Content available thereon.
14. Using the Site and the Services
You can view certain parts of the Site and Services and not use any Services or the Site.
However, in order to access certain password-restricted areas of the Site and Services, you must register with us for an account and receive a password. You will also need to register in order to make a purchase, view your order history, and to see your device management dashboard, and to make use of certain Services and certain portions of the Site and Services.
The Services are not meant to serve regions outside the United States or Canada. SmartRent makes no representations or warranties that the Services are appropriate for use from locations outside the United States or Canada or compliant with laws outside the United States or Canada. If you choose to access the Services from outside the United States or Canada in violation of these Terms, you are responsible for compliance with local laws in relation to your use of the Services.
15. Password Restricted Areas of the Site and Services
If you desire to register for an account with SmartRent, you may be required to submit your name, e-mail address, and phone number through the account registration page on the Services or we may collect such information from your Landlord, and you will be required to set your password. If you are a resident of a property that contracts with us (a “Resident”), your property manager (the“Property Manager”) may provide us with additional information necessary to enable to access and use our device control dashboard, which allows you to control the smart devices in your residential unit. You consent to the Property Manager providing us with such information so that we may provide you with access to the Services. Once you have submitted your account registration information, our administrator shall have the right to approve or reject the requested registration, in our administrator’s sole discretion. If your account is approved by our administrator, you will be sent an e-mail that contains a password that will allow you to log- on to the Services using that password for the first time you log into your account on the Services to complete the account registration process.
You are responsible for maintaining the confidentiality of your password, and you are responsible for all activities that occur using your password. You agree not to share your password, let others access or use your password or do anything else that might jeopardize the security of your password. You agree to notify us if your password for this Services is lost, stolen, if you are aware of any unauthorized use of your password on this Services or if you know of any other breach of security in relation to this Services.
All the information that you provide when registering for an account and otherwise through the Services must be accurate, complete, and up to date. You may change, correct, or remove any information from your account by either logging into your account directly and making the desired changes or contacting SmartRent using the contact information at the end of these Terms requesting that we make the change.
16. Service Communications
Acting on behalf of you, your Property Manager, your Landlord, or your Employer, we may provide notices to you regarding this Agreement and/or as part of the Services by electronic communications (including e-mails, text messages, and notifications through the Mobile Application). Text messages may be sent to the phone number we have on file and emails will also be sent to the address we have on file. These electronic communications may include notices about account updates, access codes details, two factor authentication, maintenance communications, product changes and updates, service outages, reminders, and other information concerning or related to these Terms and/or the Services. These electronic communications may affect your legal relationship with SmartRent so you should read or listen to them carefully.
SmartRent does not charge for text messages, but you may incur charges or fees by your wireless provider to receive or reply to them. For example, where a communication must be sent to a Mobile Device (for example, for the purposes of two-factor authentication, an access code) you are responsible for procuring and paying for that device, and for any charges from your mobile service carrier, which are your sole responsibility. Message and data rates may apply. Landline and international numbers are not eligible for this feature.
SmartRent relies on the contact information that you provide, including but not limited to your email address and telephone numbers, to be accurate and up to date. This enables us to protect your security and the security of the Services. You must immediately notify us of any changes to this information, including any breach of your security or unauthorized use of your Mobile Device. If you do not do so you may be held responsible for any costs, losses or damage suffered as a result.
Message frequency is dependent on the Service usage. You may opt out of receiving text messages at any time by replying “STOP” from the Mobile Device receiving the text messages. In addition, you may text “STOP” to opt out at any time. You may continue to receive text messages for a short period while we process your request, and you will also receive a one-time text message confirming receipt of your request. For text message Service support or assistance, reply “HELP”.
We may change any short code or telephone number we use to operate the text message Service at any time. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
You understand and agree that SmartRent does not guarantee that any particular amount of bandwidth on the Network or guarantee 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.
By using the Network, the Services, or the Site, 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 Services, Network and/or the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to consent to this Agreement. If you are a parent or legal guardian of a Minor, you are liable for the Minor’s use of the Services, Network, and/or the Site. Persons under the age of 13 are prohibited from using the Services, Network, or Site.
19. Termination of Access
You may terminate your access to the Services as set forth in the agreement between you and the Landlord.
SmartRent may terminate this Agreement and/or your access to the Site, Network, or Services at any time and without notice, upon a breach of this Agreement. In the event of termination for breach, SmartRent may impose an early termination fee that is the greater of one month’s service or the prorated amount of the remaining subscription/service term.
Upon termination: (i) the rights granted by SmartRent to you will cease immediately (except as set forth in this section); (ii) the rights granted by the Landlord will cease immediately; and (iii) after a commercially reasonable period of time, SmartRent may delete any data relating to your account.
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 OR USING THE SITE OR SERVICES. 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.
SMARTRENT, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE NETWORK, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES, AND MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE”, AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SMARTRENT DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE, OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
ANY PRODUCTS YOU PURCHASE THROUGH THE SITE AND SERVICE SHALL BE SUBJECT TO THE MANUFACTURER'S WARRANTY, IF THE MANUFACTURER PROVIDES ANY WARRANTY. YOU AGREE TO MAKE ANY WARRANTY CLAIMS DIRECTLY AGAINST THE MANUFACTURER OF A PRODUCT, AND NOT SMARTRENT.
21. 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 ARISING FROM YOUR USE OF THE NETWORK, THE SITE, OR THE SERVICES, INCLUDING FROM 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, THE SITE, OR THE SERVICES.
22. Limitation of Liability
SMARTRENT SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITE, OR FROM YOUR USE OF THE PRODUCTS PURCHASED ON THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMARTRENT BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF SMARTRENT KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL SMARTRENT’S LIABILITY EXCEED FIVE HUNDRED DOLLARS ($500).
YOU ACKNOWLEDGE AND AGREE THAT IF YOU ARE A RESIDENT USING THE SITE OR THE SERVICES, YOUR PROPERTY MANAGER AND THE OWNER OF THE PROPERTY AT WHICH YOU RESIDE HAVE NO LIABILITY TO YOU FOR THE SITE OR THE SERVICES PROVIDED BY SMARTRENT.
23. 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 your right to 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. Prior to bringing action for any dispute, you must first give SmartRent an opportunity to resolve the dispute. You must commence this process by mailing a written notification to SmartRent at 8665 E. Hartford Drive, Suite 120, Scottsdale, AZ 85255. 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 THE 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 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 preexisting 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 Services 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.
24. 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.
25. No Waiver
No waiver of any provision in this Agreement shall be effective unless made in writing and signed by SmartRent. No waiver of any provision, or any breach of this Agreement shall constitute a waiver of any other provisions or constitute acceptance of any other or further breach.
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.
27. Local Laws; Export Control
SmartRent controls and operates the Site, Network, and the Services from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use the Site and Services outside the United States of America in violation of these Terms, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, the Network, the Services, Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and SmartRent is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant SmartRent an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that SmartRent is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
29. Contact SmartRent
If you have any questions about these Terms or otherwise need to contact SmartRent for any reason, you can reach SmartRent at: