Merkury Smart Terms of Service

Last updated: July 1, 2023

Your access to, and use of, all products and services sold or otherwise provided to you by Merkury Smart, a line of connected home devices marketed and provided by Merkury Innovations, LLC (“Merkury”) and its service providers, is subject to the terms and conditions set forth in these Terms of Service (“Terms”).

BY CLICKING “I ACCEPT” OR BY ACCESSING AND USING OUR SERVICES, YOU ARE AGREEING TO ALL OF THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT CLICK “I ACCEPT” AND DO NOT ACCESS OR USE OUR SERVICES.

Please read the following terms carefully before creating a merkurysmart.com website account, using the mobile app, or accessing Merkury Smart Cloud. Please review this agreement periodically to stay updated on any changes we might make as necessary.

Privacy

The Terms incorporate our Privacy Policy by reference. We recommend that you review our Privacy Policy regularly and at each app update to review if there any changes.

Definitions

“Services” means the merkurysmart.com website, Merkury Smart mobile app, and the Merkury Smart Cloud infrastructure.

“System” includes our proprietary software and technology, updates, enhancements, and modifications.

“Content” means the content we provide through the Services.

“Product” is the connected devices you connect and/or manage.

“Documentation” refers to instructions and help files.

“Mobile App” is the Merkury Smart application downloaded from either the Apple App, or Google Play, or Samsung Galaxy Store to a mobile device.

“Mobile Device” means any device or tablets that you download a Mobile App on or visit the merkurysmart.com website from.

“Owner” means the person that creates and manages the account.

“Authorized User” is anyone that shares, with permission, the Owner’s device(s).

Scope of Services

Merkury provides access to its Services through its website and software that may be downloaded to a mobile device (“Mobile App”). You must provide the Mobile Device, internet connection, and any necessary to access the Mobile Apps at your own expense. The terms of your network provider will still apply when using our Services. Additional Merkury Smart paid services or features may have additional or different terms.

Merkury offers only the ability to access and/or use the Services and Mobile Apps, and never sells or otherwise transfers ownership. By your acceptance of these Terms, and payment of fees, if applicable, Merkury grants you a non-exclusive, non-transferable limited license to access and use the Services for your personal, non-commercial needs. You may print Documentation only for your personal use. You may not modify, reverse-engineer, disassemble, decrypt, or decompile any part of a Product or our Services. You may only use the Product and our Services for the purpose(s) set forth in these Terms and never for any unlawful purpose.

Merkury Smart marks and logos used in the Services remain the exclusive property of Merkury. Use of the Services does not grant you any intellectual property rights, including, but not limited to, copyrights, patents, trademarks, and trade secrets.

You represent and warrant that you have full legal authority to upload all personal information and Content (collectively “User Data”) from any Product that you connect to the Services.

Merkury does not verify the accuracy or ownership of the data or information submitted from Devices to the Services. You alone are responsible for determining: (i) the identity of those to whom you grant access to Devices, and (ii) the type, character, amount, and nature of the data submitted from Devices to the Services.

Merkury is not responsible or otherwise liable for any Data submitted to the Services from Devices except as expressly set forth in these Terms.

Access and Use

You must register for an account and provide certain information about yourself to use our Services. Account Owners must be 18 years of age. Owners may authorize users, who must be at least 13 years of age, to use the Services and Products under the supervision of a parent or legal guardian who agrees to be bound by these Terms on the Authorized User’s behalf. Any use or access to the Services or Products by individuals under the age of 13, or equivalent minimum age where you reside, is expressly prohibited. You represent and warrant that you have the right, authority, and capacity to agree to these terms and that you are of sufficient legal age to enter into this agreement and to use our services.

You are responsible for:

Providing correct and current information that applies to you and keeping your personal information updated and notifying us of changes.
Maintaining the privacy and secrecy of your account, i.e., do not give anyone else access to your username or password.
Changing your password when you believe your account security information is compromised.
Informing Merkury Smart upon discovery of any unauthorized use, or suspected unauthorized use, of your account at support@merkurysmart.com.
Signing-out of your account appropriately to prevent others from obtaining your information, especially if you use a public computer, or share a computer or Mobile Device with others.
All mobile provider or mobile app provider fees, including any data or text message charges or fees for accessing or receiving messages from the Services.
Using the Mobile App safely and in compliance with all appliable laws and regulations, including local traffic safety laws.
Buying, installing, maintaining the equipment and network services to maintain an “always on” internet connection with sufficient bandwidth.
Contacting your mobile provider upon discovering your mobile device is lost or stolen to prevent unauthorized use of the Services. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT.
Ensuring your device is compatible with your wireless service plan, any particular device, software, and equipment installed or connected to the internet at your premises.
Ensure notices generated by the Services are sent to you, and to determine the right response to all event notifications generated by the Product.

You agree that you will NOT:

Make or distribute copies of the Mobile App
Create derivative works of Mobile App
Install, use, or allow the Mobile App to exist on more than one device without separate downloads of the Mobile App, each of which is individually governed by this Agreement
Pretend to be someone else
Access or attempt to access anyone else’s account or Content
Interfere with the Services
Use the information on the Services to create or sell similar products or services
Remove any notices contained in the Content.

You understand that our Services are provided over the internet and mobile networks so the quality and availability of the Services may be impacted by factors outside our control. We cannot guarantee that the Services will be compatible or operate with your particular device, mobile and are not responsible to provide support or maintenance for our Services on every device type and operating system version.

YOU UNDERSTAND AND AGREE THAT IT IS YOUR DECISION HOW TO USE THE SYSTEM AND SERVICES. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE, OR FOR ANY DATA YOU LOSE, RESULTING FROM YOUR DOWNLOAD OF ANY CONTENT FROM THE SITE OR THE MOBILE APPS. WE DO NOT GUARANTEE THAT FILES OR MATERIALS FROM THE SITE OR MOBILE APPS WILL BE FREE OF INFECTIONS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MIGHT BE HARMFUL TO YOUR DEVICES.

THERE ARE IMPORTANT LIMITS TO OUR SERVICES, PARTICULARLY WITH LIFE SAFETY, EMERGENCY SERVICES, AND RELIABILITY CONTAINED IN THESE TERMS. PLEASE READ THESE DISCLOSURES CAREFULLY. YOU ARE ACKNOWLEDGING AND ACCEPTING THEM WHEN YOU USE OUR PRODUCTS AND SERVICES.

Installation

You are solely responsible for complying with all laws and regulations when installing and using the System and Services. FOLLOW ALL INSTRUCTIONS AND READ ALL WARNINGS IN DOCUMENTATION.

Notifications

If text message notifications are available, Merkury Smart cannot guarantee text messages will be delivered and is not responsible for delays or undelivered messages. You can elect to stop text message notification at any time by changing your personal settings. YOU ARE RESPONSIBLE FOR ANY ACTION YOU TAKE OR DO NOT TAKE BASED ON NOTICES YOU RECEIVE FROM THE SYSTEM AND EQUIPMENT MONITORING YOUR PREMISES. YOU ARE ALSO RESPONSIBLE FOR ALL RELATED COSTS.

Merkury Smart offers various premium services, including video hosting and storage (“Paid Service”) for a monthly recurring charge (“Fee”). We start charging Fees on the day you subscribe to a Paid Service plan. If a free trial service period is offered, you will be charged when the free trial period expires. If you downgrade or cancel during the free trial, your account will not be charged. Fees do not include any applicable taxes or duties, including, without limitation, state and local use, sales and property tax, and duties, all of which you are responsible to pay. If you do not pay Fees, we reserve the right to suspend your access to the Services or terminate this Agreement.

Account will be charged for renewal within 24-hours prior to the end of the current period at the rate of your selected plan. No refunds for the current subscriptions are granted. Cancellations of the current subscription take effect at the conclusion of the current subscription period. There are no cancellation fees.

Subscriptions automatically renew unless you turn off auto-renew, downgrade, or cancel your subscription at least 24-hours before the end of the current period.

Price Changes

Merkury Smart reserves the right to change the pricing for the Services and Equipment at any time. Price changes will take effect in the billing period immediately following email or Mobile App notification. You understand that the amount billed each month may change for various reasons, e.g., promotional offers, changing service, new Product(s). You authorize Merkury Smart to charge the applicable amounts based on your selected subscription(s).

Billing

Insufficient Payments

Fees for any applicable monthly billing period are not successfully settled (due to expiration, insufficient funds, or otherwise), and you fail to change your Payment Method information, you are still responsible for any uncollected fees, charges, and other amounts. In this event, you authorize Merkury Smart to continue billing the Payment Method on your account in case it is updated. This may result in a change to your billing date. Additionally, certain Payment Methods may incur other charges or a foreign transaction fee, which you are fully responsible to pay.

No Refunds

PAYMENTS ARE NOT REFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED MONTHLY BILLING PERIODS. If you have specific questions about billing, contact us before the billing cycle. You will not be entitled to any credits. The decision to provide credits is in Merkury Smart’s sole and absolute discretion.

Termination of Service

This Agreement becomes effective when you first use or access the Services or make any payment. You may terminate your use of the Services at any time.

Merkury retains the absolute right to immediately terminate your account at any time if you violate these Terms. Upon termination of this Agreement, you must stop using the System and Services.

YOU WILL NOT HAVE ACCESS TO THE SERVICES, ANY CONTENT, OR OTHER INFORMATION AFTER TERMINATION. WE HAVE THE RIGHT TO RETAIN OR DELETE ALL OF YOUR INFORMATION AT ANY TIME, WITHIN THE BOUNDARIES OF THE LAW.

Send Help Feature.

Merkury Smart offers Send Help; a premium feature that allows you to monitor your account and request help from a dispatcher who can connect you with local emergency services. The Send Help feature is enabled by a Third-Party Service, Noonlight, Inc. (“Noonlight”).

By purchasing a premium subscription and enrolling in Send Help, you consent to services provided by Noonlight and agree to their terms of use (https://www.noonlight.com/terms). You understand that the Send Help feature will not be functional until you purchase a subscription that supports the feature and complete enrollment. Additionally, you understand that use of this feature requires you to provide a physical U.S. address, phone number and agree to certain location permissions on your phone. You expressly consent to the use of the personal information that you provide to us and our Third-Party Services. You understand and acknowledge that Send Help is designed to collect and share location and contact information for the purpose of sending emergency services at your request. We do not sell your personal information or use it for any other unrelated purpose.

If you use the Send Help feature to initiate help, Merkury Smart and Noonlight are expressly authorized to use reasonable judgment in providing relevant information that you share with us to authorities or designated persons to assist in an emergency if you cannot be reached. However, Merkury Smart and Noonlight are not compelled to act in such a circumstance. You understand that you are exclusively responsible for false alarms and are liable for any cost associated with your misuse of the System or Services causing false alarms. Additionally, if necessary, you must independently obtain any necessary permissions, permits, and registrations, and recognize it is your sole responsibility to follow all applicable laws and regulations that apply where you reside related to emergency response services. MERKURY SMART AND THIRD-PARTY SERVICE PROVIDERS ARE NOT LIABLE FOR THE CONSEQUENCES OF FALSE ALARMS, YOUR FAILURE TO OBTAIN NECESSARY PERMITS, DAMAGE OR INJURY RESULTING FROM REFUSAL OF EMERGENCY RESPONDERS TO RESPOND. YOU RELEASE MERKURY SMART AND NOONLIGHT FROM ANY LIABILITY AND DAMAGES THAT MAY RESULT FROM A DELAY IN REQUESTING EMERGENCY RESPONDERS TO YOUR PROVIDED ADDRESS OR ANY OTHER HARM INCURRED IN USING THE SEND HELP FEATURE.

Limits of Liability

Warranty and Disclaimer

THE SYSTEM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MERKURY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER MERKURY NOR ANY INDIVIDUAL ASSOCIATED WITH MERKURY REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR MOBILE APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY SERVICES OR PRODUCTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, MERKURY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THIS DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You acknowledge Merkury’s Services and Product(s) are not a home security system and are not intended to be used as a replacement for one. Merkury does not monitor for signals and will not dispatch emergency authorities or provide notification or other verification services commonly provided with security alarm systems in case of emergency. The System and Services must not be used for any “Life Safety Purpose or Expectation.” WE MAKE NO GUARANTEES ABOUT WHETHER THE SERVICES OR PRODUCT(S) WILL HELP YOU ACHIEVE THE RESULTS YOU WANT.

Merkury Smart is NOT liable to you

MERKURY AND ITS SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR DAMAGES TO YOU OR ANY THIRD PARTY FOR ANY REASON. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY IN SOME JURISDICTIONS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SYSTEM OR SERVICE IS TO STOP USING THEM.

Legal Notices

These Terms comprise the entire agreement relating to Merkury Smart’s Services, and no other verbal or written statements may change these terms except as described below. No additional statement outside the terms of this Agreement, including but not limited to, statements regarding capacity, suitability for use or performance, whether made by employees of Merkury Smart or otherwise, is a warranty or promise by Merkury Smart. We have no responsibility or liability for any such statements.

Merkury Smart makes no representation that the System or Services or other material or information included in the System or Services is appropriate to or available in locations outside of the United States and Canada. You may not use the System or Services, or export Content, Documentation, or Equipment in violation of United States export laws, regulations, or restrictions. If you access the System or Services from outside of the United States, you are responsible for compliance with all applicable laws.

Changes to this Agreement

Except as otherwise provided, Merkury is free to revise these Terms at any time by publishing updated Terms. We may change these Terms and our Privacy Policy at any time, without notice. Any changes will be effective based on the date posted at the top.

If you have previously registered an account, Merkury may, but is not obligated to, notify you about changes through the email address you have provided. However, you understand that you are responsible for checking the published Terms periodically for the most current version, which can be found in the Merkury Smart app or mobile device app store. YOUR CONTINUED USE OF THE SERVICES AFTER CHANGES ARE POSTED IS YOUR ACCEPTANCE OF ANY CHANGES.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MERKURY, ITS SERVICE PROVIDERS, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCLUDING BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST MERKURY, ITS SERVICE PROVIDERS, AND AFFILIATES OR THE SERVICES, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY PROVISION OF THESE TERMS OR YOUR MISUSE OF THE MERKURY SERVICES

Resolving Disputes

You understand and agree that this agreement is governed by New York law, without regard to any conflicts of law provisions, and that you must bring any disputes related to this agreement exclusively in a court of competent jurisdiction in New York, New York. You irrevocably consent to such jurisdiction and, to the fullest extent permitted by law, waive any objection, now or hereafter, to New York, New York, as an inconvenient or improper forum.

Arbitration

You understand and agree to arbitrate all disputes and claims arising out of, or relating to, these Terms or our Services in the state of New York, or another location mutually agreeable to both parties. If you do not agree with this arbitration clause, do not use our services. A court with proper jurisdiction may confirm an award of arbitration. The prevailing party in arbitration shall be entitled to recover all costs associated with arbitration from the other party. This agreement does not preclude either of us from bringing an individualized action in small claims or seeking a preliminary injunction, or temporary restraining order, pending arbitration in any court with proper jurisdiction. THIS ARBITRATION REQUIREMENT, AS A PART OF THIS AGREEMENT, IS MANDATORY AND WILL BE ENFORCED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MERKURY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED GROUP LITIGATION OR PRIVATE ATTORNEY GENERAL PROCEEDING.

Severability

If any provision of this Agreement is found unlawful or unenforceable in any way, the parties agree the provision will be reformed so that it can be enforced. If it is not possible to reform such a provision to make it enforceable, that provision will be deleted. If one provision of this agreement is rendered unenforceable, only that provision will be deleted, and the remaining document will remain enforceable.

Trademarks and Copyrights

Contact Us

If you have any questions about any Products, Services, or the System, you may email us at support@merkurysmart.com. If you have questions about these Terms or our Privacy Policy that may influence your decision to use our System or Services, please contact us before creating an account or continuing service. Remember, by using or accessing the System or Services, you are consenting to all the terms of this Agreement.

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