Terms of Service
May 01, 2021
This is an agreement between you and igloocompany Pte. Ltd. (with its affiliates, “igloocompany” or “we”). Before using the following igloocompany products (“Products”), please read these terms of service (“Terms”). Please also read your Product Manual for specific terms in relation to your Product, our Privacy Policy, End User License Agreement (“EULA”), and the website located at igloocompany.co or igloohome.co and their sub-domains (each, a “Site”), available through the igloohome or iglooworks mobile application (“Mobile App”), or provided with the Product.
Introduction and overview
These Terms govern your access to and use of the services offered by igloocompany through the Products, Firmware, Mobile App and the Sites (“the Services”).
For the avoidance of doubt, your right to use of the Product, the Firmware, Mobile App and/or Sites is governed by the EULA and your use of the igloodeveloper API and SDK hosted on igloocompany’s online platform (“API/SDK”) is covered under the API SDK License Agreement.
The igloocompany Privacy Policy is incorporated by reference into these Terms. Please review the Privacy Policy as this describes how we and our partners will use your personal information.
By accessing and using the Services (including the Site and Mobile App), you are accepting and agreeing to these Terms on behalf of yourself or the entity you represent in connection with the access. You represent and warrant that you have the right, authority, and capacity to accept and agree to these Terms on behalf of yourself or the entity you represent. You represent that you are of sufficient legal age in your jurisdiction or residence to use or access the services and to enter into this agreement. If you do not comply with the above statements or disagree with any of the provisions of these Terms, you should stop using the Product and/or cease using the Services.
By using the Services, you are further agreeing to the terms in the EULA and the Privacy Policy.
Registration
The Products may not be usable without your accessing the Services.
Some of the Services can only be accessed through the Mobile App and you must have a compatible mobile device on which to download the Mobile App to access these Services. You acknowledge and agree that the availability of the Mobile App is also dependent on the third-party websites from which you download the Mobile Apps, e.g., the Google Play Store from Google or the App Store from Apple (each an “App Store”). You acknowledge that these Terms are between you and igloocompany and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the Mobile App from it. You agree to comply with such App Store terms and conditions, and your licence to use the Mobile App is conditioned upon your compliance with such App Store terms and conditions. To the extent that such other terms and conditions from such App Store are less restrictive than or otherwise conflict with the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
There may be other Services which you can only access through the Sites.
In order to access the Services (be it on the Mobile App or on the Sites), you must register for a user account (“Account”).
The information you provide in the Account registration form (the “Registration Information”) must be accurate and complete. You agree to update the Registration Information as necessary, including your correct email address, so we may send you notifications and other account-related communications. Your Account is subject, in our sole discretion, to termination or suspension at any time (see “Termination” below for more details).
You are responsible for maintaining the confidentiality of the username and password that you create. You agree to use strong passwords (e.g. that contain upper and lower case letters, numbers and symbols), and to maintain the confidentiality of your password. You shall be responsible for all uses of your Account and login information, whether or not authorized by you. You must notify us of any unauthorized use of your Account, login information or password, and you should immediately change your password to prevent further unauthorized use.
You consent to and grant us the right to use your Registration Information and any other information you provide in connection with the operation of the Site. We may also use the contact information that you submit to provide you with notices and promotional offers as set forth in our Privacy Policy.
Use of the Products and Services
The Services are designed to be used in connection with Products containing our technology (e.g. an igloohome Smart Lock), which you may purchase from us or one of our partners.
Subject to these Terms and our EULA, igloocompany grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services by (i) using the Sites in connection with, and solely for the purpose of, controlling and monitoring the Products installed on your property, or that you have been validly authorized to access, or to otherwise access a service explicitly provided by the Products for your use, and (ii) installing and using the Mobile App solely on your own handheld mobile device (e.g., smartphone, tablet, watch) and solely for the purposes set forth in (i) above. You agree to comply with all instructions, usage rules and documentation that we may provide from time to time with respect to the Service.
Please note that we may from time to time update the Services, including without limitation, by providing bug fixes, new functionality or modifications (collectively “Updates”), and that these may occur automatically without additional notice. You hereby consent to these Updates. If you do not, please stop using the Services. We may also ask you to install Updates yourself, and you agree to do so promptly. Failure to install these Updates may expose you to security risks and/or limit our ability to provide the Services to you. Updates are subject to these Terms together with any additional terms that may be provided with such Update. Your continued use of the Service is your agreement to all such additional terms.
Content on the Services
Data from Products that you buy from us or our partners, as well as data that you input into the Products, may be uploaded to the Services. Data that you input into the Services may also be uploaded into your Products. Once enabled, the Services include online storage of your personal data, and the ability to manage and share your data.
Certain materials may be displayed or performed on the Services (including, but not limited to text, data, graphics, images, video, audio and other material) (collectively “Content”). The Content is protected by intellectual property laws in Singapore, the United States, and elsewhere. The Content may be owned by us or others, including other users of the Services, or our partners, sponsors or affiliates. Use of the Services does not confer ownership rights to the Content. You may only use the Content as permitted in these Terms. We do not accept any responsibility or liability for any content posted by third parties on the Services, including content posted by other members (“Third Party Content”). Except as may be expressly agreed by us, you may use the Content solely for your use in connection with the Services, and may not distribute, modify or make derivative works of any Content.
You are solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, or that you contribute in any manner to the Services; you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it; and you hereby grant a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, transferable license to igloocompany of all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for use and publication on the Service pursuant to these Terms.
igloocompany reserve all rights in the Service and Content not expressly granted to you by these Terms. We reserve the right to remove any Content from the Service at any time for any reason (including, without limitation intellectual property claims) or no reason at all.
Guests
As used in these Terms a “guest” is any person or entity that is given authorization by the owner or controller of a Product to use the Product or Services related to the Product. Please be careful to only invite trusted guests; by inviting someone to be a guest, you are giving them the ability to access and operate your Product.
These Terms (including our Privacy Policy and EULA) apply to all uses of the Services by guests. We may share your and your guests’ information with our partners to provide our Service and to allow our partners to provide products and services. Moreover, guests should be aware that the owner or controller of the Product may see information about their use and access of the Product and Services, and may revoke or limit access rights in their discretion without notice.
Guests: if you do not want to access the Services or your information to be used or shared, please decline the invitation and do not use the Services.
Third Party Websites, Products and Services
The Services may be used in connection with other products and services, and may contain links and interfaces to, as well as content and data from, third-party websites, products and services (“Other Services”). Any links and interfaces are provided solely as a convenience to you. By accessing or using these Other Services, you are consenting to the creation of an interface with such Other Services and agreeing that igloocompany may exchange information and control data with such Other Services regarding you, your guests, your Products and use of the Services, including your and your guests’ personal information, in order to enable the Other Service interface and functionality, and its use by such Other Services. Once this information is shared with the Other Services, its use will be governed by the third party’s privacy policy and not by our Privacy Policy. Moreover, use of such Other Services is governed by separate terms and conditions provided by the providers of the applicable product or service.
You should review the terms of use and privacy policies of such Other Services before using them. We do not exercise control over such Other Services. We do not endorse the materials contained on Other Services and are not responsible for the performance of the Other Services. You acknowledge and agree that igloocompany makes no representation or warranty about the safety of any Other Services. Accordingly, igloocompany is not responsible for your use of any Other Service or any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to your use of any Other Services.
Your Use of the Sites and Services
You agree to use the Sites and the Services only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Sites or Services.
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content via our Service that: (i) infringes, misappropriates or violates a third party's intellectual property rights, or rights of publicity or privacy; (ii) violates or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; or (v) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Services, or any individual elements within the Services, igloocompany's name, or any igloocompany/igloohome trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without igloocompany's express written consent.
Use the Service in any manner which, in our sole judgment, degrades the user experience, reliability, speed, or operation of the Services, or any underlying hardware or software thereof;
Access, tamper with, or use non-public areas of the Services, igloocompany's computer systems, Sites, or the technical delivery system of igloocompany's providers.
Attempt to probe, scan, or test the vulnerability of any Product, Service, Site, software, system or network or breach any security or authentication measures, or to reverse engineer, decompile or otherwise attempt to gain the source code for any igloocompany Service, Firmware or Product;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by igloocompany or any of igloocompany's providers or any other third party (including another user) to protect the Service, Firmware or any Product;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;
Use the Service to impersonate any person or send altered, deceptive or false source-identifying information, or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
We strongly recommend that you do not use the Service on a mobile device that has a “jail broken” or “rooted” operating system, as this can potentially allow other applications to circumvent security features on your mobile device. Any use of such mobile devices is at your own risk. You agree that igloocompany will not be liable for any loss of functionality and will indemnify us for all damage or liability caused by such use.
Although we’re not obligated to monitor access to or use of the Service or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access the Service or any Content therein, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
System Requirements
It is your responsibility to replace any batteries for the Products, when necessary. You understand and agree that the Products may not function or properly function if batteries need replacement. You may not be able to access the Services if the Products are non-functional.
The Services may also not be accessible without: (i) a valid user account; (ii) mobile clients such as a supported phone or tablet with Bluetooth capability; (iii) cellular network connectivity; (iv) a working Wi-Fi network that is positioned to communicate reliably with the Products (certain Services may work without Wi-Fi); and (v) other system elements that may be specified by igloocompany. It is your responsibility to ensure that you have all required system elements and that they are compatible, up to date, and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.
Subscription Services
Some of the optional Services offered to you may require a subscription or the payment of a fee (“Subscription Services”).
The subscription fees for each Subscription Service are stated at the point of purchase, or when you begin a free trial, and can be viewed either on the Mobile App or on the Sites. Subscription fees may change from time to time, effective as of the beginning of the next subscription period. Subscription fees may be subject to tax and are non-refundable except as expressly set forth in these terms.
You will need a current, valid payment method to sign up and pay for a Subscription Service. Please note that payment methods are sourced from various providers, and each provider controls the terms that apply to its payment method. The terms applicable to a payment method are subject to change at any time, and it is your responsibility to periodically review the terms in order to ensure that you are aware of, and comply with, the applicable requirements.
Unless you notify us before a charge that you want to cancel or do not want to auto-renew an Subscription Service, that Subscription Service will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect the then-applicable fee and any applicable taxes, using any payment method we have on record for you.
If all payment methods we have on file for you are declined for the payment of the applicable subscription fees, your Subscription Service will be cancelled unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your Subscription Service is cancelled, your new subscription period will be based on the original renewal date and not the date of the successful charge.
You may cancel a Subscription Service by contacting igloocompany’s Customer Service team at support@igloohome.co. You may also manage your Subscriptions from the Sites. You must individually manage or cancel each Subscription Service. Unless we indicate otherwise, any cancellation will be effective as of the end of your then current subscription period and you will not receive a refund of any fees already paid.
igloocompany may terminate any Subscription Service offered to you at our discretion without notice. If we do so, we may give you a prorated refund based on the number days remaining in your subscription. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the subscription, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
Termination and Service Changes
These Terms remain in effect as long as you continue to use the Services. You can stop using our Services any time. We reserve the right to suspend or terminate your use of the Services or your access to the Sites at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. We may also change or remove at any time any features currently offered as part of the Services, or the Services themselves. Upon termination, your Account and right to use the Services will automatically terminate.
If you transfer your Product to a new owner, please note that your Account is not transferable, and the new owner will have to register for a separate Account in order to use the Services.
Limitations
Our aim is to make the Services highly reliable and available; however, they may not be available all of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond igloocompany’s control, including without limitation, your Wi-Fi and mobile network failures and coverage limitations, service provider uptime, and acts of god. Further, our Services rely on or interoperate with a number of third-party products and services. These third-party products and services are beyond igloocompany’s control, but their operation may impact or be impacted by the use and reliability of our Services. These third-party products and services may not operate in a reliable manner all of the time, and they may impact the way that the Services operate, and igloocompany is not responsible for damages and losses due to the operation of these third-party products and services. You acknowledge these limitations and agree that igloocompany is not responsible for any damages allegedly caused by the failure or delay of the Services. Further, the Products and Services are not an emergency notification system, and should not be used in this way. igloocompany is not responsible for dispatching emergency authorities to your home in the event of an emergency.
You are responsible for all charges and fees required for your Products and applicable services, and for compliance with all applicable agreements, terms of use/service, and other policies of your product and service providers (including internet service providers and mobile device carriers).
To the fullest extent allowed by law, igloocompany is not responsible for damage or liability caused by (i) use of the Products and Services for purposes other than for which the Products and Services are designed or intended, or use in improper temperature, humidity or other environmental conditions, or use of the Products or Services in violation of written instructions provided by igloocompany (which may be provided at the time of purchase or on its website at igloohome.co), (ii) normal wear and tear or aging, or improper repair, operation or maintenance or connections to improper voltage supply or, to the extent allowed by law, attempted repair by anyone other than a facility authorized by igloocompany to service your Product.
Disclaimers
The Services are provided for your convenience, “as is” and “as available” and igloocompany and its affiliates, licensors and suppliers expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, accuracy, and non-infringement. igloocompany and our licensors and suppliers make no warranty that defects will be corrected or that the Services: (i) will meet your requirements; (ii) will be compatible with your home network, computer, tablet, or mobile device; (iii) will be available on an uninterrupted, timely, secure, or error-free basis; or (iv) will be accurate or reliable. No advice or information, whether oral or written, obtained by you from igloocompany or through the Services shall create any warranty.
The Services may be suspended temporarily, without notice, for security reasons, systems failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. igloocompany does not offer any specific uptime guarantee for the Services.
igloocompany makes no representations concerning any content contained in or accessed through the services, and igloocompany will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. igloocompany makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services.
When you install, setup or use the Products and Services you are given the opportunity to change defaults or choose particular settings. The choices you make can cause non-recommended or unintended operation or non-operation of your Products and Services and any connected equipment or systems. You assume all liability for any damages and losses caused by, or related to, the choices you make for the particular settings for the Products and Services, and setting or changing defaults.
You understand and agree that the use of the Products and Services may not avert, eliminate or minimise such occurrences of events, such as fires, floods, burglaries, robberies, and medical issues, or their consequences, and, therefore, igloocompany makes no express or implied warranty or representation (including any implied warranty of merchantability or fitness for particular purpose) that those products and services will so avert or minimise such occurrences of such events, or their consequences.
igloocompany cares about the integrity and security of your personal information. We endeavour to implement appropriate security measures. However, igloocompany cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
When you invite guests or service providers to use your Product or Services, you assume all responsibility for their use, and any damages that they may cause to you, igloocompany, or any third party.
igloocompany does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through or in connection with the Products or Services (including, but not limited to, “other services” or third-party products and services connected through our Service) or any hyperlinked website or service, and igloocompany will not be a party to any transaction between you and third-party providers of such products or services.
Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold igloocompany, its officers, directors, employees, affiliates, agents, licensors, and suppliers, harmless from and against any damages, claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, (i) your or your guests’ use of the Products, Firmware, Sites or Services, including without limitation your negligence, wilful misconduct, (ii) your or your guests’ violation of law or third party right, or (iii) your or your guests’ violation of these Terms.
igloocompany reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of such claims. You agree not to settle any such claim without igloocompany’s prior written consent.
Modifications to these Terms
These Terms may be modified only (a) by obtaining our written consent in an agreement signed by an officer of igloocompany; or (b) as set forth below in the immediately following paragraph.
You agree that igloocompany may modify these Terms from time to time, and that your right to access the Services, is conditioned on an ongoing basis with your compliance with the then-current version of these Terms. We will notify you when we make material revisions or modifications to these Terms by either posting a notice or new version of these Terms on the Site or Mobile App, or providing direct notice in a communication to your Account (if you have one), or otherwise in some manner through the Site, or Mobile App that we deem reasonably likely to reach you. By continuing to access the Site, Mobile App or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services.
Severability
These Terms constitute the entire agreement between you and igloocompany regarding the use of the Services. If any term or condition herein is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Singapore without regard to the conflict of laws provisions therein that would require application of the laws of another jurisdiction.
Dispute resolution
To the maximum extent permitted by law, you agree that all disputes and claims arising out of, or relating to, these Terms, or your use of the Firmware, Mobile App, Product and Services (including the arbitrability of any claim or dispute and the enforceability of this section), shall be settled in the first instance through friendly consultation.
In the event no settlement can be reached through amicable negotiations within ninety (90) business days, then the dispute shall be referred to on an exclusive basis and finally resolved by final and binding arbitration at the Singapore International Arbitration Centre (“SIAC”). The language of the arbitration shall be English. The arbitrator shall have the power to award security for costs.
Except as otherwise provided in this section, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and igloocompany specifically agree to do so following initiation of the arbitration.
Questions or additional information
If you have questions regarding these Terms, or wish to obtain additional information, please send an e-mail to legal@igloocompany.co.