App Terms and Conditions
These terms and conditions create a contract between you and Intellecy Inc (“Intellecy”) and are legally binding on you. Please read the Agreement carefully.
If you have any questions or concerns about the App or these Terms, you can Contact Us by any of the means set out in CONTACT US page of this website. If you do not agree with these Terms, you must stop using the App immediately.
You agree that Intellecy may make improvements and/or changes in the App and prices, if any, at any time without notice, and further agree that Intellecy can revise these Terms at any time without notice by updating this posting. Your continued use of the App after such modifications have been made constitutes your acceptance of such revised Terms.
The App is made available for your personal use. The App may not be resold or transferred to another person or entity. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorized purpose. When you use the App, you must comply with all applicable US laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).
You agree that when using the App, you will comply with all Applicable Laws and these Terms. Further you agree not to:
(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including but not limited to copyright infringement; or
(b) Attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; or
(c) Modify, delete or reverse engineer any part of the App or any portion of the pages comprising the App.
The copyrighted content contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics, videos and messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to Intellecy.
All rights are reserved.
You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Intellecy’s written permission. You may not post content from the App to news groups, mail lists, bulletin boards or public forums.
“Intellecy”, “intellecy.com”, “intellecy.net”, the Intellecy logotype, the Intellecy Logo, the Intellecy “Dolphin” logo, “Get Smart” and “Making Smart Home Intelligent” are trademarks of Intellecy in the United States and or other countries. The trademarks, service marks, graphics, images, documents and logos (“Trade Marks“) contained on or in the App are deemed the property of Intellecy or their respective owners.
Any absence of a product or service name or logo from this list does not constitute a waiver of our trademark or other intellectual property rights. No one may reproduce or use (or authorize the reproduction or use of) any Trade Marks in any manner unless expressly authorized in writing by Intellecy. Unauthorized use or duplication of any Trade Marks is strictly prohibited by law. Other company and or product names may be trademarks of their respective companies.
Intellecy grants you the limited right to display the Materials only on your personal smartphone, tablet, or computer for your personal use.
The App is password restricted. You agree that you are entirely responsible for the confidentiality of your password and account information including any personal information. You agree that you are entirely responsible for all activities which occur under your account, including any fees which may be incurred under your password protected account whether or not you are the individual who undertakes such activities. You agree to immediately notify Intellecy of any unauthorized use of your account or any other breach of security in relation thereof known to you.
If you take part in any competition which is run in or through the App (“Competition“), you agree to be bound by the rules of that competition and any other rules specified by Intellecy from time to time (“Competition Rules“) and by the decisions of Intellecy, which are final in all matters relating to the Competition. Intellecy reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.
Disclaimer Of Warranties; Liability Limitation
Intellecy does not guarantee, represent, or warrant that your use of the App will be uninterrupted or error-free, and you agree that from time to time Intellecy may remove all or parts of the App for indefinite periods of time or otherwise limit or disable your access to the App without notice to you.
You expressly agree that your use of, or inability to use, the App is at your sole risk. The App and all content delivered to you through the App are (except as expressly stated by Intellecy) provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Because some Applicable Laws do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
In no case shall Intellecy, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the App or for any other claim related in any way to your use of the App and/or Material, including, but not limited to, any errors or omissions in any Material, or any loss or damage of any kind incurred as a result of the use of any Material posted, transmitted, or otherwise made available via the App, even if advised of their possibility. Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states or jurisdictions, Intellecy’s liability shall be limited to the extent such limitation is permitted by law.
Intellecy shall use reasonable efforts to protect information submitted by you in connection with the App, but you agree that your submission of such information is at your sole risk, and you hereby release Intellecy from any and all liability to you for any loss or liability relating to such information in any way.
Intellecy does not represent or guarantee that the App will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release Intellecy from any liability relating thereto. You shall be responsible for backing up any content acquired or rented from Intellecy.
Intellecy is not responsible for data charges you may incur for downloading or streaming files over a data connection.
Waiver and Indemnity
By using the App, you agree, to the extent permitted by law, to indemnify and hold Intellecy, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of the App, or any action taken by Intellecy as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. You agree that you shall not sue or recover any damages from Intellecy, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the App, or to take any other action during the investigation of a suspected violation or as a result of Intellecy’s conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
In no event shall Intellecy be liable to you or any third-party for any indirect, extraordinary, exemplary, punitive, special incidental or consequential damages (including loss of data, revenue, profits or other economic advantage) however arising.
Violation of Terms and Conditions
If you violate these Terms, Intellecy reserves the right to suspend or terminate services to you with or without notice or explanation and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
Any action related to these Terms will be governed by California Law and controlling U.S. Law without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to the jurisdiction of the courts located in San Diego County, California for the resolution of all disputes arising from or related to these Terms and/or your use of the App.
You agree to indemnify Intellecy in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.
The failure of Intellecy to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Intellecy in writing. The Terms comprise the entire agreement between you and Intellecy and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
Updated May 15, 2017.