Terms
Important – Please ensure that you Read the Alarm.com terms and conditions Carefully:
Background
(A) You have agreed to purchase residential or commercial security, video, still-photo imaging and/or home automation products and services from an independently owned and operated security services company (“Service Provider”). This purchase has been made under an agreement with the Service Provider (“Service Provider Agreement”).
(B) Alarm.com Incorporated, a Delaware corporation (“Alarm.com” or “us” or “we”), has authorized the Service Provider to market and sell Alarm.com’s services (“Services”) to you with certain hardware and other products, including communication modules, video, imaging and/or home automation devices (“Equipment”) that enable the Services.
(C) Clauses A1 through A13 are the terms and conditions of Alarm.com’s offering of the Equipment and Services (“Terms”) and are part of your agreement with the Service Provider and contain, among other things, important warranty disclaimers (Clause A4) and limitations of liability from Alarm.com (Clause A6) applicable to the Services and the Equipment.
(D) By signing your agreement with the Service Provider, accessing the Alarm.com customer website or mobile applications, or using any other part of the Services and/or Equipment, you agree to be bound by these Alarm.com Terms as updated from time to time. You agree that these Alarm.com Terms may be enforced by Alarm.com directly.
A1. ALARM.COM TERMS
You have agreed to purchase the Services and/or Equipment from the Service Provider under the terms of the Service Provider Agreement. The Service Provider is an independent contractor and not an agent of Alarm.com. We may modify these Alarm.com Terms from time to time including, to comply with applicable law and will notify you of any change in writing in advance.
A2. USE OF EQUIPMENT
The Equipment may contain proprietary software of Alarm.com that is embedded in the Equipment. Alarm.com owns and retains all rights, including all intellectual property rights, in this software (the “Software“) and all other Alarm.com materials (together, “Materials”) and Services. Other than as is allowed in these Terms, you will not:
(a) use, or permit any other person to use, any Materials or Services to design, build, market, or sell any similar or substitute product or service, or
(b) transfer or resell, or sublicense any Materials or Software, or
(c) do anything else that would breach of any relevant export laws or regulations.
If you are a consumer in the European Union, you have certain rights to decompile the Software if:
• this is necessary to obtain the information that you need to make the Software interoperable with other software; and
• We have not made that information available to you.
Before reverse engineering or decompiling the Software, you must first write to Alarm.com and ask Alarm.com to provide you with the interoperability information that you need. Please provide Alarm.com with full details of your requirements so that Alarm.com can assess what information you need. Alarm.com may impose reasonable conditions on providing you with interoperability information. You must use that information only for the purpose of making the Software interoperable with other software. You must not use that information for any other purpose.
You will not reverse engineer, decompile or otherwise try to discover the source code of the software unless you have first written to Alarm.com requesting interoperability information and Alarm.com has failed to provide you with that information or if Alarm.com has failed to offer to provide you with interoperability information on reasonable conditions.
A3. SERVICES WE MAY PROVIDE TO YOU
Emergency two-way voice over a cellular or internet connection: If your Services include emergency two-way voice over a cellular or internet connection, you accept that the two-way voice connection may be interrupted or unable to connect, that the call may be dropped, and that the sound quality may be distorted or impossible to understand. By accepting the emergency two-way voice service you understand and accept the limitations in cellular and internet technology and the consequences if the technology does not operate as designed.
Video or still-photo image cameras: If your Services include video or still-photo image cameras, the video clips and still-photo images generated from such cameras are stored on our servers and may be viewed by you only for a limited time based on the quantity of storage you have ordered from your Service Provider. We have no control over and take no responsibility for the placement of cameras and their view. You agree to use the cameras and associated video and still-photo imaging features of the Services in compliance with all laws, including privacy and consumer protection laws, and not for any illegal purposes, including invasion of privacy or illicit conduct, and we may disconnect the cameras from the Services if you breach any of these laws.
Image quality and sharing: We do not guarantee the receipt, clarity or quality of any images that may be adversely impacted by, for example, lighting, Internet and wireless communication facilities and transmission quality, electrical interference, weather and other conditions beyond our control. We will only disclose stored video clips and still-photo images to a third party, such as the Government, as strictly required by law.
Motion sensors: If the Equipment provided by your Service Provider includes an Alarm.com image sensor device that also is being used as a motion sensor, then you understand and accept that the motion sensor may not operate as designed and may be affected by conditions outside our control, which may cause the device to malfunction or provide false readings.
Home automation devices: If the Equipment provided by your Service Provider includes home automation devices (such as thermostats, lighting controls and door locks), you understand that such devices may not work together with the Equipment and Alarm.com Services, and you may be unable to control the devices using the Equipment or Alarm.com Services. Alarm.com makes no representations or warranties regarding the quality, function or effectiveness of any such home automation devices supplied by the Service Provider.
A4. Warranty and Statutory rights
4.1 As a consumer, you have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local citizens’ advice bureau or trading standards office. Nothing in these Terms will affect these legal rights.
4.2 Alarm.com will use commercially reasonable efforts to correct or bypass a material defect in the Services, in accordance with these Terms (“Warranty”).
4.3 The Warranty will apply to you once you have accepted these Alarm.com Terms and where these Terms continue to apply to you.
4.4 The Warranty is for your benefit and may not be enforced by any other person or company.
4.5 Alarm.com shall have no responsibility for Equipment which is manufactured by third parties.
A5. (a) Insurance
5.1 Alarm.com is not an insurer of your property or the personal safety of persons in or around your property.
5.2 You are responsible for obtaining all necessary insurance, if any, covering personal injury and property loss or damage on your property and such insurance should be obtained by you from a third party.
A6. Liability
6.1 Alarm.com will be liable to you for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation.
6.2 If Alarm.com fails to comply with these Terms, Alarm.com will be responsible for loss or damage you suffer that is a foreseeable result of Alarm.com’s breach of these Terms or our negligence, but Alarm.com would not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Alarm.com breach or if it was contemplated by you and Alarm.com at the time you entered into the Service Provider Agreement.
6.3 Other than in relation to the types of loss described in clause 6.1 (for which our liability will be unlimited), we will only be liable to you for losses up to a maximum cap of 200% of all the fees that the Service Provider has paid to us for your Services in any 12 month period.
We will not be responsible for any business loss (including loss of profits, loss of revenue, loss of contracts or loss of goodwill) that you suffer as a result of our breach of these Terms or our negligence.
A7. voluntary use
You understand that the Services, Materials and Equipment may not detect, observe, view, or prevent an unauthorized intrusion onto the premises or any other emergency condition such as fire, smoke, carbon monoxide, medical emergencies or water damage. You agree and acknowledge that the use of the Services, Materials and/or Equipment is voluntary.
A8. DATA PROTECTION
In this Clause, the terms “controller”, “processor” and “personal data” will bear the meanings given to them in European Union Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (“GDPR”). The Service Provider is the controller who provides your personal data to Alarm.com. Your personal data will be processed by Alarm.com exclusively for the purposes indicated in these Terms and Alarm.com’s privacy policy, which is located here: http://www.alarm.com/privacy_policy.aspx. Please be aware that your personal data may be transferred to, stored and/or processed in the United States. By using the Services, you consent to the processing in and transfer of your personal data to the United States as more fully described in the Alarm.com privacy policy.
Some Equipment may have the ability to record audio and you consent to such recording. You agree that you (and not Alarm.com) are responsible for ensuring that you comply with any applicable laws when you use the Equipment and Services, including but not limited to (i) any laws relating to the recording or sharing of video or audio content that includes third parties, or (ii) any laws requiring notice to or consent of third parties with respect to your use of the Equipment.
A9. GOVERNING LAW
These Terms are governed by English law and you can bring legal proceedings in respect of the Equipment in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Equipment in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Equipment in either the Northern Irish or the English courts. If you live in the Republic of Ireland, you can bring legal proceedings in respect of the Equipment in Irish courts.
A10. THIRD PARTY RIGHTS
Alarm.com is an intended third-party beneficiary of these Alarm.com Terms and shall be able to enforce and/or otherwise invoke any and all these Alarm.com Terms directly. The words “include,” “includes” and “including” shall be understood to be followed by the phrase “without limitation.”
A11. PARTIES TO THE AGREEMENT
This Agreement is between the Service Provider, you and us. No other person shall have any rights to enforce any of its terms.
A12. COMMUNICATION
It is important that Alarm.com, your Service Provider and the central station be able to contact you from time to time. You agree to provide an email address and a contact phone number for this purpose. You consent to receive emails at the email address you provide for any purpose relating to the Service Provider Agreement. You also consent to receive information through the Alarm.com mobile app and website. You agree that Alarm.com, your Service Provider or the central station may call you at the phone numbers you supply, and that calls may be made using any method, including automatic telephone dialing systems, an artificial or recorded voice, or via text or email messages sent to a wireless device. If your wireless provider charges you for text or email messages, you are responsible for any such charges. You also represent and warrant that when you provide us with a phone number or an email address for yourself or for anyone else that you and any individuals you have included as contacts consent to receive service related text messages, phone calls, emails about your Services during the term of the Service Provider Agreement. You must notify us immediately if your email address or phone number changes. You agree to regularly check your email for communications from us. If a third party, such as one of your emergency contacts, makes a claim against Alarm.com in the future stating Alarm.com did not have permission to call, email or send a text message relating to your Services, you agree to indemnify Alarm.com from any such claims.
A13. ENTIRE AGREEMENT
These Terms constitutes the entire agreement and understanding between Alarm.com and you and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing. Alarm.com and you acknowledge and agree that neither of us relies on, and shall have no remedy in respect of, any promise, assurance, undertaking, representation or statement made (whether innocently or negligently) by any other party or any other person except as expressly set out in these Terms, in respect of which such party’s sole remedy shall be for breach of contract.
Nothing in this Clause A.13 shall operate or be construed to exclude or limit any liability of any person for fraud, including fraudulent misrepresentation.
