USING THE SITE
Do not misuse the Site or the Services. Do not obtain or attempt to obtain any materials or information, or gain access to any systems or networks connected to the Site or to any Phyn server, or to any of the Services, through any means that we do not intentionally make available through the Site.
Do not use any device, software or routine to try to modify, intercept, or interfere with the Site or the Services or with any other person’s use of the Site or Services. Specifically, you must not submit, upload or transfer any unauthorized files, codes, scripts (including, but not limited to, viruses or Trojan Horses) or use any device, program, algorithm, methodology or process (whether automatic or manual), to access, acquire, copy or monitor any portion of the Site or Services, or in any way reproduce or circumvent the navigational structure or presentation of the Site.
Do not copy, sell or otherwise exploit for a commercial purpose any part of the Site or Services that we provide to you, without our written agreement.
You cannot use content from our Site unless you obtain permission from Phyn or are otherwise permitted by law. Do not remove, obscure, or alter any trademarks or legal notices displayed on our Site. You may use Phyn product information and documentation (“Documentation”) made available by Phyn for download from the Site, provided that you (1) use the Documentation only for your personal, non-commercial use where the product is not a “Small-Medium Business” or “SMB” branded product (and where the product is a “Small-Medium Business” or “SMB” branded product, you may use the Documentation for your personal or commercial use); (2) do not modify the Documentation, and (3) do not remove any proprietary rights notices.
THIRD PARTY AND SOCIAL MEDIA LINKED SITES
If you participate in or post information to a discussion forum or chat room on the Site or any Service, the information you provide there will be made broadly available to others, and can be read, collected, forwarded or used by other users of these forums, potentially inside or outside Phyn, who have access to that forum. This information could also be used to send you unsolicited messages. Please recognize that individual forums may have additional rules and conditions. Each participant’s opinion on a forum or chat room is his or her own and should not be considered as reflecting the opinion of Phyn. We are not responsible for Personal Information or any other information you may choose to submit in these forums, or the consequences of any submission.
BUSINESS USES OF OUR SERVICES
SETTING UP AN ACCOUNT
To use certain Services, you may be required to set up an account and a password for that account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You also agree that any information you provide in setting up an account is truthful and accurate.
Where you are required to create a password that will enable you to use a Service, your email address and password will be used to validate your identity in order to access the Service. When you choose a password, choose a unique combination of letters and numbers unrelated to your or someone else’s identity or to any information that is publicly available or that may be needed by us to provide the Service to you or to others. If you share information related to the Service with others or allow others to access the Service using your email address and password, you have no expectation of privacy or confidentiality in the Personal Information you may intentionally or unintentionally disclose. Therefore, please avoid giving access to these materials to others. You agree to notify Phyn immediately of any unauthorized use of your account or password, or any other breach of security. To contact Phyn, please email us at info@localhost.
Phyn will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Phyn or another party due to someone else using your account or password as a result of your failure to keep your account information secure and confidential. You may not use anyone else’s account at any time without the permission of the account holder. Phyn will not be liable for any loss or damage arising from your failure to comply with these obligations.
Phyn may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your account, hard copy, or posting of such notice on the Site. Phyn is not responsible for any automatic filtering you or your network provider may apply to email notifications. Phyn recommends that you add @Phyn.com URLs to your email address book to help ensure you receive email notifications from Phyn.
PRODUCTS AND SERVICES AVAILABILITY
Phyn attempts to be as accurate as possible, but we do not warrant that product descriptions or other content on the Site is accurate, complete, reliable, current or error-free.
ADDITIONAL TERMS AND CONDITIONS
DATA, INFORMATION AND PRIVACY
LICENSE AND ACCESS
HOW THE SERVICES ARE TO BE USED
Intended Use of Services / No Life-Safety or Critical Uses of the Services. The Services are intended to be accessed and used only for non-time-critical functions, information and/or control of Phyn Products. Our aim is to provide highly reliable and available Services, however, the Services, including remote access and mobile notifications, are not intended or guaranteed to be reliable or available 100% of the time. In addition, the Services may be subject to sporadic interruptions and failures for reasons beyond Phyn’s control, including, but not limited to, Wi-Fi intermittency, service provider uptime, mobile notifications and carriers. We cannot and do not guarantee that you will receive notifications or have access to the Services in any given time or at all.
You acknowledge that the Phyn Products and Services are not certified for emergency response or intended or suitable for use in situations or environments where failure, delay or errors or inaccuracies in the data or information provided could lead to death, personal injury or severe physical or environmental damage, including, without limitation, in connection with the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems. YOU UNDERSTAND THAT PHYN PRODUCTS AND SERVICES ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM – PHYN DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME OR LOCATION IN THE EVENT OF AN EMERGENCY. In addition, Phyn Customer Care and Support contacts cannot be considered and are not a lifesaving solution for people at risk in the home, and they are no substitute for emergency services. All life-threatening and emergency events should be directed to the appropriate response services in your area.
YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. ANY MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON YOUR PHYN PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. Any information provided by Phyn on what to do in an emergency is based on authoritative safety sources, but there is no way for Phyn to provide specific information relating to a situation in your home. It is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.
System Requirements. Certain Services may not be accessible without: (i) a working Wi-Fi network in your home that is positioned to communicate reliably with the applicable Phyn Product; (ii) a Phyn account; (iii) mobile clients such as a supported phone or tablet (required for some functionality); (iv) always-on broadband Internet access in your home; and (v) other system elements that may be specified by Phyn. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You accept that the Services may not work as described if the requirements and compatibility have not been met.
SUSPENSION OR CANCELLATION OF SERVICE
As we regularly improve or change the Services to provide you with better customer support, we may add, vary or remove functionalities or features of any Service. In some cases, we may suspend or discontinue a Service altogether. When we change, suspend or discontinue a Service, we will try to give you prior notice of this as soon as possible. However, we retain the right to make changes to a product listing on the Site, or the prices applicable to such product, at any time, without notice.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, documentation and computer code (collectively, “Phyn Content”), including, but not limited to, the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Phyn Content, contained in and on the Site or as part of any Service is owned or controlled by Phyn, or licensed by or to Phyn, and is protected by trade dress, copyright, patent, and trademark laws in the United States and other countries, and various other intellectual property rights.
Although Phyn has attempted to provide accurate information on the Site, to the extent permitted by law, Phyn assumes no responsibility for the accuracy of the information or for any typographical or graphical errors that may appear in this or in related documents. Phyn may change the Services or Products mentioned on the Site at any time without notice. Mention of non-Phyn products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation.
You retain ownership of any intellectual property rights that you hold in any content you submit through the use of any Service, or any portion or feature of the Site.
When you upload or otherwise submit content to our Services or Site, you give Phyn and those we work with a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Do ensure you have the necessary rights to grant us this license for any content that you submit to our Services. If you would like access to your content, or to change or delete your content, please contact us at info@localhost .
Phyn may invite you, or you may choose voluntarily, to submit comments, suggestions, or ideas about Phyn Products or Services, including how to improve them (“Feedback”). By submitting Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, non-confidential and without restriction and will not place Phyn under any fiduciary or other obligation. Phyn may freely use, copy, modify, publish, redistribute, or create derivative works from or based on the Feedback for any purpose and in any manner without any compensation or acknowledgement to you. You also agree that Phyn does not waive any rights to use similar or related ideas previously known to Phyn, developed by its employees, or obtained from other sources.
If you believe that your copyright or other rights have been infringed, please provide our Designated Agent written notice with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;
- A description of the copyrighted work or other work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our sites, networks or other repositories;
- Your address, telephone number, and email address;
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Designated Agent for notice of claims of copyright infringement can be reached as follows:
1855 Del Amo Boulevard
Torrance, CA 90501, U.S.A.
Attention: Copyright Agent (Legal)
If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.
SOFTWARE LICENSE AGREEMENT
Any software which you download is governed in accordance with (i) the license terms accompanying the file, or (ii) if no license terms accompany the file, the terms of the license agreement which accompanied the original Phyn Product licensed by you which you are updating, or (iii) the license terms pursuant to the End User License Agreement located here [LINK TO PHYN EULA].
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Important Notice Regarding Your Consumer Rights: SOME COUNTRIES, STATES AND/OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CONDITIONS, WARRANTIES OR GUARANTEES AND/OR DO NOT ALLOW PRODUCTS OR SERVICES TO BE SOLD WITH NO WARRANTIES OR GUARANTEES. ACCORDINGLY, IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE SECTIONS ON “NO WARRANTIES” AND “GENERAL EXCLUSIONS AND LIMITATIONS OF LIABILITY” MAY NOT APPLY TO YOU. ONLY THOSE EXCLUSIONS AND LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, PHYN’S LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ENFORCEABILITY OF THESE LIMITED WARRANTIES MAY VARY BASED ON THE LOCAL LAWS APPLICABLE TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS DEPENDING ON WHERE YOU LIVE. FOR EXAMPLE, IN AUSTRALIA AND NEW ZEALAND, PHYN’S SERVICES COME WITH STATUTORY GUARANTEES, INCLUDING AS TO QUALITY AND FITNESS FOR PURPOSE WHICH CANNOT BE EXCLUDED OR LIMITED UNDER THE AUSTRALIAN CONSUMER LAW OR THE CONSUMER GUARANTEES ACT 1993 (NEW ZEALAND) (AS FURTHER EXPLAINED BELOW).
- change or exclude any statutory consumer rights that cannot be lawfully changed or excluded; or
- limit or exclude any right you have against the person who sold a Phyn Product to you if that person has breached their sales contract with you.
Subject to the section regarding Consumer Rights above, you agree that:
1. Use of the Site and the Services is at your sole risk;
2. IT IS YOUR RESPONSIBILITY TO BACK UP YOUR SYSTEM, INCLUDING, WITHOUT LIMITATION, ANY DATA THAT YOU MAY USE OR POSSESS IN CONNECTION WITH THE SITE OR SERVICE. ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR A SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR YOUR OTHER PRODUCTS AND PERIPHERALS OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA;
3. Phyn and its suppliers, licensors, resellers, retailers and affiliates do not guarantee that your use of the Site and the Services will be uninterrupted, timely or error-free. To the maximum extent permitted by applicable law in a particular jurisdiction, the Site and the Services are provided “AS IS” and “AS AVAILABLE” for your use without warranties, guarantees, conditions of any kind, whether express, implied, statutory or otherwise;
Due to the continual development of new techniques for intruding upon and attacking networks, Phyn does not warrant that the Service, system(s) or network(s) on which (or through which) the Site and the Services are used will be free of vulnerability to intrusion or attack. The Services may include or be bundled with a third-party product, software or service offerings. We do not provide any warranties whether express, implied, statutory or otherwise for such third-party product, software or service offerings. We do not guarantee any continued availability of a third party’s service for which the Site’s or a Service’s use or operation may require.
In addition, please note that some Services may monitor energy or other utility consumption in the home. Phyn does not guarantee or promise any specific level of energy or utility savings or other monetary benefit from the use of the Services or any other feature. Actual savings and any associated monetary benefits vary based on factors beyond Phyn’s control or knowledge. From time to time, Phyn may use the Service to provide you with information that is unique to you and your usage and suggests an opportunity to save money on bills if you adopt suggestions or features of the Service. You agree that this information is not a guarantee of actual savings, and you agree not to seek monetary or other remedies from Phyn if your savings differs. All information provided to you by Phyn is provided “AS IS” and “AS AVAILABLE”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing information through the Service not a substitute for direct access of the information in the home.
IN SOME JURISDICTIONS AND CIRCUMSTANCES, IT IS POSSIBLE TO EXCLUDE AND/OR TO LIMIT PHYN’S LIABILITY TO CONSUMERS. ONLY IN THOSE JURISDICTIONS WHERE IT CAN LAWFULLY DO SO, AND TO THE FULL EXTENT THAT IT IS ALLOWED BY LAW TO DO SO, PHYN DISCLAIMS AND EXCLUDES ALL WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCEPTABLE OR SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, LOSS OF OR DAMAGE TO DATA, LACK OF VIRUSES OR FREE FROM VIRUS OR MALWARE ATTACK, SECURITY, PERFORMANCE, LACK OF NEGLIGENCE, WORKMANLIKE EFFORT, QUIET ENJOYMENT, THAT THE FUNCTIONS CONTAINED IN THE SITE OR SERVICES WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE OR SERVICES AND RELATED DATA, INFORMATION, PROGRAMS AND DOCUMENTATION WILL GENERATE ACCURATE, RELIABLE, TIMELY RESULTS, INFORMATION, MATERIAL OR DATA, OTHER THAN THOSE EXPRESSLY PROVIDED TO YOU BY PHYN IN WRITING OR AGREED TO BY PHYN IN WRITING.
GENERAL EXCLUSIONS AND LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PHYN, ITS AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS AND ASSIGNS BE LIABLE FOR:
1. ANY LOSS OR DAMAGE TO YOUR HOME, HVAC SYSTEM, ELECTRICAL SYSTEM, PLUMBING, YOUR PRODUCT AND PERIPHERALS (WHETHER OR NOT CONNECTED TO A PHYN PRODUCT), COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME; AND
2. ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR REVENUE, FOR LOSS OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR LOSS OF ABILITY TO USE ANY THIRD-PARTY PRODUCTS OR SERVICES, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE; AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER).
REGARDLESS OF THE THEORY OF LIABLITY (CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR IN ANY WAY RELATED TO THE MISUSE OF OR INABILITY TO USE THE SITE OR THE SERVICES, EVEN IF PHYN OR SUCH OTHER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF PHYN, ITS AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS TO YOU FOR ALL DAMAGES EXCEED FIFTY DOLLARS ($50.00). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY WARRANTY OR REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS SECTION SHALL LIMIT THE LIABILITY OF PHYN IN RELATION TO DEATH OR BODILY INJURIES.
IF YOU LIVE IN THE EUROPEAN UNION, REFERENCES TO “SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES” SHALL MEAN ANY LOSSES WHICH (i) WERE NOT REASONABLY FORESEEABLE BY BOTH PARTIES; (ii) WERE KNOWN TO YOU BUT NOT TO US; AND/OR (iii) WERE REASONABLY FORESEEABLE BY BOTH PARTIES BUT COULD HAVE BEEN PREVENTED BY YOU SUCH AS, FOR EXAMPLE (BUT WITHOUT LIMITATION), LOSSES CAUSED BY VIRUSES, MALWARE OR OTHER MALICIOUS PROGRAMS, OR LOSS OF OR DAMAGE TO YOUR DATA.
Arbitration, Waiver of Classwide Arbitration, Governing Law and Venue
If you are located in the United States, the following clause applies to you:
NEITHER YOU NOR PHYN SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU MAY HAVE HAD A RIGHT TO ARBITRATE A DISPUTE ON A CLASSWIDE OR REPRESENTATIVE BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE INSTEAD TO ARBITRATE ONLY YOUR OWN DISPUTE(S) IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. NOTWITHSTANDING THE ABOVE AGREEMENT TO ARBITRATE DISPUTES, YOU AND PHYN EACH ACKNOWLEDGE AND AGREE THAT EITHER PARTY MAY, AS AN ALTERNATIVE TO ARBITRATION, BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT TO RESOLVE A DISPUTE, SO LONG AS SUCH SMALL CLAIMS COURT DOES NOT PROVIDE FOR OR ALLOW FOR JOINDER OR CONSOLIDATION OF CLAIMS.
If you are located outside of the United States, or if the above arbitration clause does not apply to you or is otherwise unenforceable as adjudicated by a court of competent jurisdiction, the following clause applies to you:
OTHER IMPORTANT LEGAL TERMS
Trade names, trademarks, service marks, logos, and domain names of each party are considered their respective “Marks”. As to Phyn’s Marks and the Marks of its suppliers, the Mark owner retains ownership of all proprietary rights in all its Marks associated or displayed on the Site or with the Services. You may not frame or utilize framing techniques to enclose any Phyn Marks, or other proprietary information (including images, text, page layout, or form) of Phyn without Phyn’s express written consent. You may not use any meta tags or any other “hidden text” utilizing Phyn’s Marks without Phyn’s express written consent.
You agree to use the Site and Services in compliance with all applicable laws. You acknowledge that the Site and Services are subject to U.S. and local export control laws and regulations. You represent that you are not a citizen of an embargoed country or a prohibited end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists. You agree not to export, re-export, divert, transfer or disclose any portion of the Site or Services or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
Neither party will be responsible for failure of performance due to causes beyond its control, like, for example, accidents of God, labor disputes, shortage of materials, acts of terrorism, or the stability or availability of the Internet or a portion of the Internet.
You agree that if Phyn does not exercise or enforce any legal right or remedy which is contained in these terms, this will not be taken to be a formal waiver of Phyn’s rights and that those rights or remedies will still be available to Phyn.
Phyn product names and logos are trademarks of the Phyn group of companies. Third-party trademarks mentioned are the property of their respective owners.
Updated January 8th, 2018