HomeRover™ End User License Agreement (EULA)
PLEASE READ THIS END USER LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE HOMEROVER SOFTWARE. BY USING THE HOMEROVER SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE SOFTWARE. THE SOFTWARE IS NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THIS LICENSE.
The HomeRover software and any third party software, content, or documentation accompanying this License (collectively the “HomeRover Software”) are licensed, not sold, to you by BrightDoor, LLC (“BrightDoor”) for use only under the terms of this License, and BrightDoor reserves all rights not expressly granted to you. The terms of this License will govern any software upgrades provided by BrightDoor that replace and/or supplement the original HomeRover Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
BrightDoor may, in its sole discretion, discontinue the HomeRover Software or modify its features from time to time without prior notice. BrightDoor may make changes to this License from time to time and the current version of the terms will be available via the HomeRover Software. The changes will be effective when published. Please review this License on a regular basis. You understand and agree that your express acceptance of the License or your use of the HomeRover Software after the date of publication shall constitute your agreement to the updated License. If you do not agree with the amended License, you may terminate your relationship with BrightDoor in accordance with Section 11 below.
2. Permitted Uses and Restrictions
A. Subject to the terms and conditions of this License, you are granted a limited non-transferable license to install and use the HomeRover Software only on mobile devices that you own or control. You may not distribute or make the HomeRover Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute or sublicense the HomeRover Software.
B. You may only use the HomeRover Software pursuant to the terms of this License. You agree to use the HomeRover Software in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the HomeRover Software, including but not limited to laws related to recording, intellectual property, privacy and export control. Use of the HomeRover Software is void where prohibited. In some regions there are restrictions on the use of the HomeRover Software. It is your responsibility to ensure that you are legally allowed to use the HomeRover Software where you are located. You acknowledge and agree that you will gain lawful permission to enter a third party’s premises prior to use of the HomeRover Software while on such premises. You represent and warrant that the HomeRover Software will never be used in connection with unauthorized access to a third party’s premises. You will be solely responsible for your conduct at all times and BrightDoor will to no extent be responsible for your actions or omissions, whether negligent or otherwise, while using the HomeRover Software.
C. You may be required to provide information about yourself in order to use the HomeRover Software. You agree that any such information shall be complete, up-to-date, and accurate. You may also be asked to choose a password in order to create an account. You are entirely responsible for maintaining the security of your password and agree not to disclose such password to any third party. By using the HomeRover Software, you agree that BrightDoor may use and maintain the email address, password, and/or telephone number information you provide as unique account identifiers for the purpose of providing and improving the HomeRover Software. You understand that your telephone number will be displayed to the other party on the live remote video tour session.
D. You agree that you will not, or enable others to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the HomeRover Software; (ii) knowingly or negligently use the HomeRover Software in a way that abuses, interferes with, or disrupts BrightDoor’s networks or any user accounts; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the HomeRover Software any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the HomeRover Software; or (vi) use the HomeRover Software to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, content or code that does or is intended to harm, disable, destroy or adversely affect performance of the HomeRover Software in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of BrightDoor or other users of the HomeRover Software; (viii) engage in any activity or use the HomeRover Software in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the HomeRover Software, or any servers or networks connected to the HomeRover Software or BrightDoor’s security systems. (ix) use the HomeRover Software in violation of any BrightDoor policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and you agree that you are solely responsible for compliance with all such laws and regulations.
3. System Requirements
Use of the HomeRover Software requires one or more compatible devices and Internet access (fees may apply) and may require obtaining updates or upgrades from time to time. Because use of the HomeRover Software involves hardware, software, a power source, and Internet access, your ability to access and use the HomeRover Software may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
You affirm that you are of legal age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this License, and to abide by and comply with this License. Although we cannot absolutely control whether minors gain unauthorized access to the HomeRover Software, access may be terminated without warning if we believe that you are underage or otherwise ineligible.
5. Your Content
You agree that you are solely responsible for the content sent or transmitted by you or displayed or uploaded by you in using the HomeRover Software (“Content”) and for compliance with all laws pertaining to the Content, including, but not limited to, laws requiring you to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that you have the right to upload the Content to the HomeRover Software and that such use does not violate or infringe on any rights of any third party. Under no circumstances will BrightDoor be liable in any way for any (a) Content that is transmitted or viewed while using the HomeRover Software, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although BrightDoor is not responsible for any Content, BrightDoor may delete any Content, at any time without notice to you, if BrightDoor becomes aware that it violates any provision of this License or any law. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through the HomeRover Software.
6. Other Content
7. Proprietary Rights
BrightDoor retains ownership of all proprietary rights in the HomeRover Software and in all trade names, trademarks, service marks, logos, and domain names associated or displayed with the HomeRover Software (“Software Marks”). You shall not take any action to jeopardize, limit, or interfere with BrightDoor’s intellectual property rights in the Software or Software Marks. You may not frame or utilize framing techniques to enclose any Software Marks, or other proprietary information (including images, text, page layout, or form) of BrightDoor without express written consent. You may not use any meta tags or any other “hidden text” utilizing Software Marks without BrightDoor’s express written consent. Certain data accessible via the HomeRover Software is licensed to BrightDoor by a third-party data provider. The applicable third-party data provider retains ownership of all proprietary rights in such data.
8. Recordings & Feedback
You are responsible for compliance will all recording laws in connection with all recordings resulting from your use of the HomeRover Software (“Recordings”). Certain parts of the HomeRover Software may ask for written suggestions or problem reports (“Feedback”). All Recordings and Feedback shall be deemed the property of BrightDoor. BrightDoor shall exclusively own all now known and hereafter existing rights to the Recordings and Feedback throughout the universe in perpetuity and shall be entitled to use the Recordings or Feedback for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Recording or Feedback. Any Recordings or Feedback you create or provide will not be treated as confidential and BrightDoor shall not be liable for any disclosure of such Recording or Feedback. If you do not consent to being recorded, you can choose to leave the live remote video tour session. BrightDoor shall have the right to delete any Recording after a reasonable period of time in accordance with BrightDoor’s applicable retention policy.
9. Consent to Use of Data
A. You agree that BrightDoor and its agents may collect and use diagnostic, technical, usage and related information, including but not limited to information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the HomeRover Software, and to verify compliance with the terms of this License. BrightDoor may use this information, as long as it is collected anonymously in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
10. Charges and Cancellation
You agree that BrightDoor may charge to your credit card or other payment mechanism selected by you and approved by BrightDoor (your “Account”) all amounts due and owing for the HomeRover Software, including taxes and service fees, set up fees, subscription fees, or any other fee or charge associated with your Account. BrightDoor may change prices at any time, including changing from a free service to a paid service and charging for services that were previously offered free of charge; provided, however, that BrightDoor will provide you with prior notice and an opportunity to terminate your Account if BrightDoor changes the price of a service to which you are subscribed and will not charge you for a previously free service unless you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event BrightDoor is unable to collect the fees owed to BrightDoor for the HomeRover Software through your Account, BrightDoor may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by BrightDoor in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that BrightDoor may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. You may cancel your subscription at any time. If you cancel, you will not be billed for any additional terms of service, and service will continue until the end of the current subscription term. If you cancel, you will not receive a refund for any service already paid for.
This License is effective until terminated by either party with notice to the other party. You may terminate this License at any time without recourse to the courts by requesting closure of your user account, ceasing to use the HomeRover Software, and cancelling any recurring payments. BrightDoor may terminate this License, or may terminate or suspend your use of the HomeRover Software at any time without notice and without recourse to the courts if you fail to comply with any term(s) of this License or if BrightDoor reasonably suspects that you are using the HomeRover Software to break the law or infringe third party rights. Upon the termination of this License, you shall cease all use of the HomeRover Software and destroy all copies, full or partial, of the HomeRover Software. Sections which are expressly or clearly intended to survive or operate in the event of termination shall survive termination of this License.
12. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE HOMEROVER SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HOMEROVER SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BRIGHTDOOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE HOMEROVER SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BRIGHTDOOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE HOMEROVER SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE HOMEROVER SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE HOMEROVER SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE HOMEROVER SOFTWARE WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE THAT THE HOMEROVER SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE HOMEROVER SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BRIGHTDOOR OR AN BRIGHTDOOR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE HOMEROVER SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BRIGHTDOOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE HOMEROVER SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BRIGHTDOOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall BrightDoor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
14. Injunctive Relief
You acknowledge that any use of the HomeRover Software contrary to this License, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the HomeRover Software, may cause irreparable injury to BrightDoor, and under such circumstances BrightDoor will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
You agree to indemnify, defend and hold harmless BrightDoor, its officers, directors, employees, consultants, agents, and suppliers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from your use of the HomeRover Software, your violation of this License, or the infringement or violation by you or any other user of your account, of any intellectual property or other right of any person or entity or applicable law.
16. No Access to Emergency Services
The HomeRover Software is not a replacement for your ordinary mobile telephone. In particular, the HomeRover Software does not allow you to make emergency calls to emergency services. You must make alternative communications arrangements to ensure that you can make emergency calls if needed.
17. Export Control
You may not use or otherwise export or reexport the HomeRover Software except as authorized by United States law and the laws of the jurisdiction in which the HomeRover Software was obtained. In particular, but without limitation, the HomeRover Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the HomeRover Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, and nuclear, chemical or biological weapons.
18. Government End Users
The HomeRover Software 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, 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.
19. Controlling Law and Severability
This License will be governed by and construed in accordance with the laws of the State of North Carolina, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
20. Complete Agreement
This License constitutes the entire agreement between the parties with respect to the use of the HomeRover Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by BrightDoor.
21. BINDING ARBITRATION AND CLASS ACTION WAIVER FOR UNITED STATES ACCOUNTS
If you are located in the United States, you agree to resolve disputes only on an individual basis, through arbitration pursuant to the following provisions. The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other processing in which any party acts or proposes to act in a representative capacity.
A. A dispute is any controversy between you and BrightDoor concerning the HomeRover Software, the price of the services, your account, your purchase transaction or billing, any term of this License, or BrightDoor’s advertising, marketing, or communications, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of Your or brightdoor’s intellectual property rights. As part of the best efforts process to resolve disputes, and prior to initiating arbitration proceedings, each party agrees to provide notice of the dispute to the other party, including a description of the dispute, what efforts have been made to resolve it, and what the disputing party is requesting as resolution. With respect to notices to BrightDoor, such notice shall be sent to firstname.lastname@example.org.
B. You may initiate an action in a small claims court in your county of residence, if the dispute meets the court’s requirements. However, if such a claim is transferred, removed or appealed to a different court, BrightDoor reserves the right to require arbitration.
C. Disputes not resolved pursuant to Section A or B shall be resolved through arbitration. The American Arbitration Association (“AAA”) will conduct any arbitration under its Commercial Arbitration Rules. For more information, see www.adr.org. Arbitration hearings will take place in the federal judicial district of your county of residence. A single arbitrator will be appointed. The arbitrator must: (a) follow all applicable substantive Law; (b) follow applicable statutes of limitations; (c) honor valid claims of privilege; (d) issue a written decision including the reasons for the award. The arbitrator may award damages, declaratory or injunctive relief, and costs (including reasonable attorneys’ fees). Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction.
D. If you are unable to afford the arbitration costs, BrightDoor will advance those costs to you, subject to the arbitrator’s determination if costs should be reimbursed to BrightDoor if BrightDoor prevails. For disputes involving more than $75,000, the AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
E. This License governs if there is a conflict with the AAA’s Commercial Arbitration Rules.
F. Notwithstanding any other statute of limitations, a claim or dispute under this Agreement must be filed in small claims court or noticed for arbitration within one year of when it could first be filed, or such claim will be permanently barred.
G. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will be resolved in court, with the balance resolved through arbitration. If any provision of this Section 21 is found to be illegal or unenforceable, then that provision will be severed; however, the remaining provisions shall still apply and shall be interpreted to as nearly as possible achieve the original intent of this Section 21, inclusive of the severed provision.
To contact BrightDoor about the HomeRover Software, please email email@example.com.