Yale Smart Products – Product Terms
These terms and conditions (“Product Terms”) apply to your use of certain Yale products (listed in Appendix A) which can connect to the internet and are controlled by the App (“Smart Products”). These Product Terms supplement the Yale Home User Terms and apply to your use of the Smart Products. All terms in the Yale Home User Terms apply to these Product Terms. For the avoidance of doubt, Smart Products are included in the Services as defined in the Yale Home User Terms.
PLEASE READ THESE PRODUCT TERMS CAREFULLY.
Capitalised terms not defined in these Product Terms shall have the meaning set out in the Yale Home User Terms or the Subscription Terms.
BY CLICKING "I AGREE" (OR EQUIVALENT PROMPT) ON THE APP, WEBSITE OR APPLICABLE PLATFORM WHERE THE APP IS ACCESSED, YOU AGREE TO BE BOUND BY THESE PRODUCT TERMS. IF YOU DO NOT AGREE TO THESE PRODUCT TERMS, DO NOT CLICK "I AGREE" (OR EQUIVALENT PROMPT).
If you do not agree to these Product Terms you may return the Smart Product to be used with the App (in its original, unused condition) within thirty (30) days after the date of purchase (or during the returns period offered by the retailer from whom you bought it, whichever is longer) for a refund. In that case, you should also stop using and uninstall the App. This applies in addition to any other rights you have to return the Smart Product under your local law or as set out in the terms and conditions of the retailer from whom you bought it.
1. WHO WE ARE
We, Security & Risk Communications Limited (trading as “Yale” and forming part of the ASSA ABLOY Group of companies), are a company incorporated in Ireland (registration number 417550), with our address at Parkway Business Centre, Ballymount, Dublin 24 ("we," "us," or "our").
2. THIRD PARTY SOFTWARE INCLUDED IN THE SMART PRODUCTS
The software/firmware in the Smart Products may contain or be distributed with third party software, including open-source software. Open-source software is subject to its own applicable licence terms. Copyright notices and applicable open-source terms can be found here. Copyrights to the third party and open-source software are held by the respective copyright holders indicated in those notices/terms.
3. ADDITIONAL TERMS
These Product Terms apply in addition to the other terms that govern your use of the App and the Smart Products, which are the:
• Yale Smart Products Privacy Notice;
• Yale Smart Products Subscription Terms and Yale Home Subscription Privacy Notice (where you have subscribed to Subscription Services);
• Legal Guarantees; and
• Product Regulatory Documents.
In case of any conflict between the Product Terms and these other terms, the provisions of these Product Terms shall override solely in relation to the use of the Smart Products. It is your responsibility to review and comply with all applicable terms and agreements related to the use of the App and the Services.
4. YOUR RESPONSIBILITY TO MONITOR THE ALARMS
Where your Smart Products include any alarm or notification functions, it is your duty to monitor any signals and/or notifications and shut down any alarm events that are not actively signalling illegal behaviour in a timely manner. You agree to monitor and prevent false alarms and be solely liable for false alarms in relation to your Smart Products.
5. YOUR RESPONSIBILITY FOR ANY CONTENT UPLOADED THROUGH THE SMART PRODUCTS
5.1 Content means all audio, video, images, text and other types of content captured by the Smart Products or provided to us (including content posted by you) in connection with the use of the Smart Products.
5.2 You are solely responsible for all of your Content and you promise that:
(a) you own the intellectual property rights in the Content and grant the rights (called a licence) described below,
(b) you have sought appropriate permission from any persons whose details or likeness may be included in the footage; and
(c) use of your Content on or through the Smart Products does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or other rights of any person.
5.3 You grant us a non-exclusive (which means that you can licence your content to others), royalty-free (which means that we don’t pay you for this licence), worldwide (which means that the licence applies anywhere in the world), sub-licensable (which means that we can licence your Content to others, e.g., to service providers that help us to provide the Services) right to use the Content shared through the Smart Products for the purposes of providing you with the Services.
5.4 We do not claim ownership of any intellectual property rights in your Content. Except for the rights you grant to us under these Products Terms, you retain all rights you have in your Content.
5.5 You agree that you may not use, reproduce, modify, upload, publish, transmit, distribute, display or otherwise exploit any Content:
(a) that does not belong to you without the express prior written consent of the respective owners;
(b) that is libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful; and
(c) for any purpose that is in any way contrary to any rights of third parties.
5.6 You shall not use any Smart Products, or permit the use of any Smart Products, for any unlawful purpose. For example, you shall not use the Smart Products to obtain or record video in any place where a person may have a reasonable expectation of privacy, including for example restrooms, dressing or changing areas. You also shall take all steps necessary to alert individuals that enter the property of the possibility of recording video or audio.
5.7 We reserve the right, but are not obligated, to remove any infringing or unsuitable Content from the Smart Products (and any cloud storage) at any time in our sole discretion. If you use the Smart Products for any unlawful purpose, you may be liable to us (including for any costs).
6. AI IDENTIFICATION FEATURES
6.1 If your Smart Product includes advanced artificial identification (“AI”) features, then it includes the ability to identify motion (within a grid-based layout) and persons within the visual feed.
6.2 There are inherent limitations in the Smart Product technology and the artificial intelligence algorithms which means that the AI will not always capture these items. Such events can include for example environmental conditions, light visibility, object variability and programming limitations.
6.3 By using any AI features you acknowledge that the AI feature should not be used for any situation where precision or accuracy of identification is important and that we will not be responsible for any inaccuracies or misidentifications caused by use of this technology.
7. UPDATES TO THESE PRODUCT TERMS AND THE SMART PRODUCTS
7.1 We may need to change these Product Terms and the Smart Products to reflect changes in law or best practice, because of changes or restrictions caused by third parties who we rely on to provide the App, Services or Smart Products, or to deal with additional features or new products which we introduce.
7.2 We will give you at least thirty (30) days' notice of any changes by sending you an email with details of the change and/or notifying you of a change via your User Account. When giving you notice of the changes, we will tell you what you can do if you do not accept the changes, including how to exercise your right to end this agreement between us for use of the Smart Products.
7.3 We may, from time to time, develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Smart Products and may ask you to update them for these reasons. If you choose not to install such updates this may expose you to security risks, limit the functionality of your Smart Product and Services, or prevent you from using them altogether. The Smart Product will always match the description provided to you when you obtained it.
8. INSTALLATION AND INTERRUPTIONS
8.1 Other than where you have been provided with an installation service by Yale, it is your responsibility to install and use the Smart Products pursuant to Instructions. If a Smart Product is not properly installed, or if it or any of its sensors are outside the detection range or hindered or obstructed by walls, furniture, personal property or other things, you may experience false alarms, detection and other usage failures.
8.2 It is your responsibility to test the Smart Products once installed to make sure they (and any related sensors, components and peripherals) are functioning and communicating as intended and designed, and then regularly test and maintain the Smart Products after installation. It is your responsibility to replace any batteries for the Smart Products, when necessary.
8.3 The operation of the Smart Products and Services may be suspended temporarily, for security reasons, systems failure, maintenance and repair, or other circumstances which may be outside our reasonable control. Due to the nature of such suspensions we may not be able to give you notice in advance, though we will give you notice where possible. To the extent allowed by law (but subject to any legal guarantees provided with the Smart Product), you may not be entitled to any refund for these temporary suspensions. If you do experience any prolonged interruption to the Services of this nature, please contact Customer Support in the first instance.
9. LIMITATIONS
9.1 In addition to the limitations of the Services set out in the User Terms, you acknowledge and agree that Yale is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications. Further the Smart Products and Services are not an emergency notification system, and should not be used in this way. Other than as specifically stated in relation to certain Subscription Services, Yale is not responsible for dispatching emergency authorities to your home in the event of an emergency.
9.2 You are responsible for all charges and fees required for applicable third-party products and 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).
9.3 We make no promises concerning any content contained in or accessed through your use of the Smart Products, and will not be responsible or liable for the accuracy, copyright compliance, legality or decency of the material contained in or accessed through your use of the Smart Products.
9.4 To the fullest extent allowed by law, we are not responsible for damage or liability caused by:
(a) use of the Smart Products and Services for purposes other than those for which they are designed or intended, or use in improper temperature, humidity or other environmental conditions;
(b) use of the Smart Products or Services in violation of the Instructions; or
(c) normal wear and tear or aging, improper repair, operation or maintenance, connection to improper voltage supply or, to the extent allowed by law, attempted repair by anyone other than a person authorised by Yale.
10. OUR RESPONSIBILITY FOR LOSSES OR DAMAGE SUFFERED BY YOU
10.1 Losses and damage we are not responsible for. Provided that we have acted with professional diligence, and to the extent allowed by applicable law, we do not take responsibility to you for losses or damage unless they are:
(a) caused by our failure to comply with these Product Terms, our gross negligence or our wilful misconduct, or
(b) reasonably foreseeable at the time you accepted these Product Terms.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so and nothing in these Product Terms affects any legal rights which you always have as a consumer or you cannot contractually agree to alter or give up.
10.2 We are not liable for business losses. The Product is for domestic and private use. If you use the Products for any commercial, business or resale purpose, to the extent the law permits, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
10.3 We are not responsible for events outside our reasonable control. Our aim is to make the Smart Products highly reliable and available; however, they may not be available all the time. The Smart Products are subject to sporadic interruptions and failures for a variety of reasons beyond our control, including your Wi-Fi and mobile network failures and coverage limitations, service provider uptime and acts of God. They also rely on or interoperate with a number of third-party products and services, including third-party service providers that we use for networking and storage, as well as Other Services to which you may choose to connect your product as described under the section 'Important information about using your Product with other products and services' in the Yale Home User Terms. These third-party products and services are beyond our control, but their operation may impact the use and reliability of the Products.
To the extent allowed by law, we are not responsible for losses or damage caused by events beyond our reasonable control, including losses or damage caused by any such third-party products and services.
10.4 Other Limitations to the Products. In addition, the Smart Products are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Services. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
10.5 Please back-up content and data connected with the Smart Products. We recommend that you back up any content and data used in connection with the Smart Products, to protect yourself in case of problems with the Smart Products.
10.6 Check that the Smart Products are suitable for you. The Smart Products have not been developed to meet your individual requirements. Please check that their facilities and functions (as described on the App or by your retailer) meet your requirements. Further, your Smart Products and these Product Terms are only designed and intended for use in certain countries. We cannot take responsibility for any use of the Smart Products outside the country from where you bought your Smart Products.
11. OTHER IMPORTANT TERMS
11.1 Even if we delay in enforcing these Product Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Product Terms, or if we delay in taking steps against you in respect of you breaking these Product Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date, provided that we are allowed to do so under applicable law.
11.2 If a court finds part of these Product Terms illegal, the rest will continue in force. Each of the paragraphs of these Product Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
1.1 Which laws apply to these Product Terms and where you may bring legal proceedings. These User Terms are governed by the laws of England and Wales and you can bring legal proceedings in the courts of England and Wales.
If you have a problem, we encourage you to contact Customer Support in the first instance using the contact details available at https://www.yalehome.com/support.
Version 1.0 December 2023