SimpliSafe Terms of Service
Online Terms Last updated: March 2021
Please review these Terms of Service carefully as they govern how SimpliSafe, Ltd ("SimpliSafe") will provide services to you and set out your rights and obligations with respect to these services, including important limitations and exclusions.
These are the Terms of Service under which we are willing to provide you with our Services. Please be certain you understand them.
[By clicking the “Submit” button below], you agree that you have read and are bound by these Terms of Service, including the disclaimers and limitations of liability below. You may print these Terms of Service by clicking the print button on your Internet browser. We will also send you a copy of these Terms of Service after we have accepted your order.
Life safety notice: If you purchased a System that includes smoke detectors or carbon monoxide detectors, or if you add smoke detectors or carbon monoxide detectors to a System at a later time, there may be specific requirements or standards for the installation, maintenance and location of such detectors. Contact your local authority having jurisdiction or consult a qualified professional to assist in the installation, maintenance and location of such detectors. You have sole responsibility for complying with any and all codes, laws and standards that may apply to the installation, placement and maintenance of the System, including but not limited to requirements in relation to detectors, surveillance cameras and intruder alarms. In the UK you must also comply with the General Data Protection Regulation, the Data Protection Act 2018, the Clean Neighborhoods and Environment Act 2005, the Protection of Freedoms Act 2012, and the Regulation of Investigatory Powers Acts 2000 and 2016.
Practice Mode Period: In order for you to become familiar with the use and operation of the System, you have a three (3) day period following activation of your System (the "Practice Mode Period") to practice using the System. You agree that during the Practice Mode Period we have no obligation to, and will not, notify any authorities, you, or any emergency contacts or take any other action with regard to any alarm signal we receive, even if due to an actual emergency event. You acknowledge that it takes time for the System to be placed on-line with the monitoring facility, and no response to alarm signals, including to an actual emergency, will be made until your account displays as "active" and not "practice mode" in your online dashboard. This will also apply if you contact us to attempt to skip the Practice Mode Period.
In these Terms of Service, "System" means the SimpliSafe products you have purchased, "Services" mean the services you have selected to receive from SimpliSafe, including any Emergency Dispatch Services and Video-Related Services (as each is described below), "Application" means any application that we provide you to be downloaded to your smartphone, tablet or other device to access any Services and the customer support services provided by SimpliSafe to support of these remotely and "Premises" means the premises at which the System is located. The term “you,” means the person or entity who accesses or uses the Services and any person or entity who creates an account and accepts these Terms of Services or accesses or uses the Services, including any person granted access to the Services by you.
1. Information about Simplisafe and how to contact us
We are SimpliSafe, Ltd ("SimpliSafe") a company registered in England and Wales under registration number 10795126 and with our registered office at Bauhaus, 27 Quay Street, Manchester, M3 3GZ. Our registered VAT number is 287 6084 60.
You can contact us by telephoning our customer service team at 0800-920-2420 or by writing to us at Bauhaus, 27 Quay Street, Manchester, M3 3GZ or by email to firstname.lastname@example.org. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2. Registration and your Account
You are responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account, and to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify SimpliSafe of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. SimpliSafe is not liable for any loss or damage arising from your failure to comply with the above requirements.
3. Important Restrictions
Only individuals aged 18 and older are permitted to subscribe for Services and register for an Account. By registering for an Account you represent and warrant that you are over 18.
We only provide Services in the UK. Unfortunately, we do not accept orders from or provide Services to addresses outside the UK. You agree not to use or attempt to use any Service outside the UK.
The Services are for domestic and private use only and may not be used in any business or for any commercial purpose.
4. Your Order and Acceptance
Our acceptance of your order will take place when SimpliSafe emails you to indicate our acceptance, at which point a contract will come into existence between you and us incorporating these Terms of Service ("Agreement"). If we are unable to accept your order, we will inform you of this by e-mail and will not charge you for any Service. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Service or because we are unable to meet a deadline.
You have 14 days after the date we email you to confirm we accept your order to cancel this Agreement in accordance with the cooling off period in clause 12(d). If you cancel in this way after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
5. Commencement of the Services and term
You expressly request that SimpliSafe UK commences provision of the Services as soon as possible, whether or not this is before the end of any cancellation period that you have under clause 12(d).
After our acceptance of your order SimpliSafe will provide you with the Services on the terms of the Agreement. The Agreement will continue until terminated pursuant to clause 12.
6. Payment Methods
SimpliSafe accepts credit cards, debit cards and SimpliSafe Gift Cards as forms of payment in each case as set out on its website. If a credit card is being used for a transaction, SimpliSafe may obtain a pre-approval from the credit card company for an amount up to the amount of the order. Billing to your credit card occurs at the time of purchase or when the order is shipped. If the balance from a SimpliSafe Gift Card is used for a transaction, the amount is deducted from your Gift Card at the time of purchase. If the total amount of the transaction is greater than the balance available in Gift Card your credit card will be charged for the balance.
We are unable to accept credit cards issued by banks outside the European Union. Debit cards and check cards have daily spending limits that may prevent the processing of your order.
7. Service Charges
The periodic service charges applicable to you (which exclude Value Added Tax (“VAT”)) are the charges indicated on the order pages when you placed your order (“Service Charges”). You will be liable to pay an amount equal to VAT on the Service Charges in accordance with clause 7. We take all reasonable care to ensure that the Service Charges advised to you are correct. However please see below for what happens if we discover an error in the Service Charges you order.
SimpliSafe reserves the right to change the Service Charges offered at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.
If the rate of VAT changes between your order date and the date we supply the Products, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
It is always possible that, despite our best efforts, the Services Charges on our order pages will be incorrect. We will normally check the Service Charges prices before accepting your order so that, where the correct Service Charges at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct Service Charges price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the Agreement and refund you any sums you have paid.
SimpliSafe may increase the Service Charges at any time under this Agreement by sending the notice to you by email to the email address on file with SimpliSafe for your current online account or by a notice on its website at https://simplisafe.co.uk.
You must pay SimpliSafe the Service Charges monthly in advance. You authorize SimpliSafe to charge your credit/debit card for the periodic (e.g., monthly, quarterly or annually) service charge when due. If any charges are declined, SimpliSafe shall resubmit the charges for approval and notify you of the declined charges by e-mail while continuing to provide Emergency Dispatch Services for ten (10) days. If any charges are not approved or you do not make payment, SimpliSafe may, in its sole discretion, discontinue providing Services without notice.
8. Value Added Tax
In addition to the Service Charges you must also pay an amount equal to the VAT payable on the supply of the Services based on the delivery address and the rate in effect at the time your Service is supplied. We will charge you all applicable VAT and SimpliSafe has the right to collect any tax it believes it is obliged to collect.
9. SimpliSafe Gift Cards
SimpliSafe gift cards ("Gift Cards") are for transactions on the SimpliSafe website only. VAT will not be charged when the Gift Card is purchased. VAT is charged when the Gift Card is redeemed. The VAT rate on the transaction is based on the delivery address of the redeemer. Gift Cards may not be used to purchase other Gift Cards.
10. Our Services
We may change the Services to reflect changes in relevant laws and regulatory requirements, to implement minor technical adjustments and improvements, for example to address a security threat.
11. Responsibility for loss or damage suffered by you
If either you or we are in breach of our Agreement, you or we shall be liable to the other for foreseeable loss and damage caused by the breach and not for any losses that are not a foreseeable consequence of the breach or for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us.
Our Services will be as set out in these Terms of Service. It is important that you understand these limitations set out in herein and in our Terms of Sale. We will not be liable for any loss not caused by failure of the Services to meet the standards required by this agreement. In particular, the Services are designed to provide a specific response in given situations as described in herein. There is no guarantee that the Services will prevent any personal injury or property loss; or that the Services will in all cases provide adequate warning or protection. There is no guarantee of any response by the emergency services.
We are responsible to you for foreseeable loss and damage caused by us where we do not meet the terms of this agreement. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew it might happen. We are not liable to you for loss that was not foreseeable, was not caused by us or for business loss.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (without limitation) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
We only provide the Services for domestic and private use. If you use the Services for any business, commercial purpose we will have no liability to you for any loss that relates to a business including but not limited to any loss of profit, loss of business, business interruption, or loss of business opportunity.
The Service Charges are unrelated to the value of property located on or near the Premises at which the System is located. No portion of the Service Charges is for insurance or is an insurance premium.
You agree that SimpliSafe is not an insurer and is not providing you with any insurance coverage. To the extent you wish to have any insurance coverage you must take out a separate insurance policy from an insurance company at your own expense.
13. Ending the Agreement
We or you may terminate this Agreement by giving notice to the other at any time and without the need for any reason.
You may have other rights to end this Agreement because you have another right to do so, for example in some situations where the Services have not been performed according to this Agreement or have been misdescribed. Depending on the circumstances, you may then be entitled to get some or all of your money back.
If you are ending the Agreement for one of the reasons set out in (i) to (iii) below the Agreement will end immediately and you may also be entitled to compensation. The reasons are:
we have told you that there is a risk that supply of the Services may be significantly delayed because of events outside our control;
we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
you have a legal right to end the Agreement because of something we have done wrong.
For most Services bought through a website you have a legal right to change your mind and cancel within 14 days of the date of our acceptance of your order. These rights, under the Consumer Contracts Regulations 2013, can be exercised in the way set out in clause 12(e).
To end the Agreement, please let us know by doing one of the following:
Phone or email. Call customer services on 0800 456 1789 or email us at email@example.com. Please provide details of what Service you bought, when you ordered it and your name and address.
Complete the form at https://simplisafe.co.uk on our website.
Complete the form available online to print off at https://simplisafe.co.uk and post it to us at the address on the form. Or simply write to us at Bauhaus, 27 Quay Street, Manchester, M3 3GZ including details of what Service you bought, when you ordered it and your name and address.
14. Our rights to end the Agreement
We may end the Agreement at any time by writing to you if:
we have told you about an error in the Service Charges and can terminate in accordance with clause 6;
you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; or
you are otherwise in material breach of the Agreement and do not remedy such breach within 14 days of us asking you to do so.
Where we have a right to do so we may terminate by giving you notice by e-mail to the email address we have on file. SimpliSafe's termination shall be effective when we send the e-mail notice. If you do not provide SimpliSafe with an e-mail address, then we may terminate by sending you written notice by regular prepaid post and termination will take place four (4) days following the day we send this notice.
We may give you notice to let you know that we are going to stop providing some or all of the Services.
15. Consequences of termination
On termination of this Agreement we will refund any money you have paid in advance for Services with respect to any full calendar month following termination.
Where we end this Agreement in the situations set out in clause 14 we may deduct from any refund or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Agreement.
Except where we terminate in accordance with clause 14(a), we will not refund you any Service Charges with respect to any partial calendar month following any termination.
There are no termination fees.
Upon termination, SimpliSafe shall have no further obligation to you and you will have no further obligation to us under the Agreement other than to pay us for Services performed.
16. If there is a problem with the Services
If you have any questions or complaints about the Services, please contact us. You can telephone our customer service team on 0800 456 1789 or write to us at firstname.lastname@example.org or Bauhaus, 27 Quay Street, Manchester, M3 3GZ.
We are under a legal duty to supply Services that are in conformity with this Agreement.
Applications are licensed to you on a non-exclusive, non-transferrable and limited basis and are not sold. You may use Applications only in connection with the Services for which they are intended, and may not modify, distribute, copy or reverse engineer Applications except where permitted by law. All rights with respect to Applications not licensed to you under this Agreement are fully reserved by SimpliSafe and/or its licensors. You may not transfer your rights to use the Applications.
If you contact our customer service facility, we may communicate using the means by which such contact was initiated. We may also contact you through any of the means that SimpliSafe makes available utilizing the contact information identified in your Account. This may include one-way or two-way video-enabled customer service communication methods, whether made available via your mobile device, through the Application or any other mobile or web interface now existing or later developed. Except as otherwise agreed by you under a separate agreement, SimpliSafe will not charge you any additional fees to deliver, or for you to receive, customer support Services; however, your wireless service provider may charge a fee for air-time or data usage associated therewith. Check with your wireless carrier if you have questions about your wireless plan.
19. Communications Equipment and Services
The System is designed to transmit signals to a monitoring facility through certain communications equipment and services, including DSL, broadband, cellular, wireless and/or landline telephone equipment and services (collectively, the "Communications Equipment and Services"). Regardless of the form of Communications Equipment and Services used, you understand that the Communications Equipment and Services may be interrupted, circumvented, unavailable (for a limited or extended time period) or otherwise compromised, including as a result of equipment designed or used by a third party for the purpose of causing false alarms or gaining unauthorized access to or otherwise affecting or controlling the Communications Equipment and Services or any Video-Related Services. If the Communications Equipment and Services are inoperative or interrupted by any cause, there will be no indication of such at the monitoring facility and the monitoring facility will not receive a signal from your system. You must test the System's data transmission with the monitoring facility at least monthly and immediately after the installation, modification or repair of any Communications Equipment or Service. (If DSL, VOIP or other form of broadband telephone equipment and services are used, such equipment and services should be installed on a telephone line and number that is not used by the System to transmit data to the monitoring facility). If you are using the optional telephone backup for the System, you will need some other means of communications to make a phone call if and when the System transmits data by telephone. You must confirm that the Communications Equipment and Services are compatible with the System, including when you make any changes to the Communications Equipment and Services. Your access to, and availability of the Application is dependent on (i) your computer, mobile device, home wiring, home Wi-Fi network, Bluetooth connection, and other related equipment, (ii) your Internet service provider, and (iii) your mobile device carrier. You shall immediately repair (or caused to be repaired) any (i) problems with the Communications Equipment and Services; or (ii) problems with the System. Consult the Owner's Manual for your System for further important safety information for your System and the transmission of signals from your System.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE UNDERLYING WIRELESS SERVICE PROVIDER (THE “UNDERLYING CARRIER”) OR ITS AFFILIATES OR CONTRACTORS AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN SIMPLISAFE AND THE UNDERLYING CARRIER. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT THE UNDERLYING CARRIER AND ITS AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU AND YOU HEREBY WAIVE ANY AND ALL CLAIMS OR DEMANDS THEREFOR.
20. Additional Equipment or Services
You have selected the System based on your personal considerations (i.e., cost, the condition of the Premises, insurance requirements, etc.). Additional equipment or services, at additional cost, may provide increased detection. You agree that any additional equipment or services provided by SimpliSafe shall be subject to the relevant Terms of Sale. For example, you may request that, upon the receipt of signals from your System, the monitoring facility notify you of such activity (via live operator telephone call, text message or other form of electronic communication) in addition to or in lieu of providing the Emergency Dispatch Services described in Section 23. We will honor any such request provided that we have previously agreed in writing to do so. You also agree to pay SimpliSafe for such additional equipment or services.
Your local authority or other governmental body may require a license or permit or the payment of taxes in connection with the installation, use or monitoring of the System. You are solely responsible for complying with such obligations and providing SimpliSafe with any then current license or permit number. You understand that SimpliSafe does not provide any installation or repair services for the System. You shall provide and maintain adequate power for all equipment relating to the System.
21. False Alarms; Suspension of Service and Shut-Down
You agree to prevent false alarms and be solely liable for false alarms in relation to your System. You must pay (or reimburse SimpliSafe) any fines, fees, costs, expenses and penalties relating to the System or Services assessed against you, SimpliSafe or the monitoring facility by any person or entity, including any court or governmental agency or any person or entity acting on the behalf of such court or agency. If (i) you default under this Agreement, (ii) this Agreement or the Services are terminated by either party for any reason, (iii) the System becomes a "runaway" system or excessively signals the monitoring facility without apparent reason, or (iv) in the opinion of monitoring facility personnel, the System otherwise becomes a “problem account,” we may suspend the Services and you authorize SimpliSafe to disconnect the System from the monitoring facility. The exercise of any such rights shall not be deemed a waiver of SimpliSafe's right to damages.
22. Finance and Late Charges
Invoices are due upon receipt. You agree to pay a finance charge of the lesser of (i) one and one-half (1-1/2%) percent per month (eighteen percent (18%) per year) or (ii) the maximum rate permitted under applicable law, for all charges not paid within thirty (30) days of the invoice date. In addition, you shall pay an administrative fee (late charge) of 5% of any invoice not paid (as agreed upon damages and not a penalty) within thirty (30) days of the invoice date, provided the imposition of such fee (together with the finance charge listed above) is permitted and not deemed to exceed the maximum charge permitted under applicable law.
23. Consent to Recording
24. Video-Related Services. "Video-Related Services"
Consists solely of the following: (i) verification of alarm events by monitoring facility personnel in connection with the Emergency Dispatch Services to be provided pursuant to Section 23 ("Verification Services") using audio and video received from the System, (ii) real-time access to video and audio from the System through the Application ("Real-Time Services") and (iii) storage and retrieval through the Application of recorded video and audio stored on our servers, which storage shall be limited and subject to change (a) in accordance with the terms of the plan you selected or (b) if you did not select a plan that provides for terms regarding storage, at our discretion ("Recorded Services"). Verification Services are intended to assist you and any permitted monitoring facility personnel to verify an alarm event at the Premises, not to reduce or eliminate any risk of loss. None of the Video-Related Services are intended to replace alarm monitoring services or to detect or prevent unauthorized intrusion onto the Premises or any other emergency condition, including fire, smoke, carbon monoxide, medical emergencies or water damage. The Verification Services are provided and shall be used by you solely for the verification of alarm events at the Premises and no other purpose. Monitoring facility personnel will not have access to the Real-Time Services or Recorded Services unless (1) you have granted monitoring facility personnel such access through the Application and (2) such video and audio is received at the monitoring facility in connection with the Emergency Dispatch Services.
25. Lawful Recording of Video and Audio. Required Connectivity
Recording video or audio may be unlawful or violate an individual's rights, including privacy rights. You shall not use any of the Video-Related Services, or permit the use of any of the Video-Related Services, for any unlawful purpose. For example, you shall not use the System to obtain or record video in any place where a person may have a reasonable expectation of privacy, including restrooms, dressing or changing areas, locker rooms or similar areas. You also shall take all steps necessary to alert individuals at the Premises of the possibility of recording video or audio. You shall use a form of connectivity to permit the transmission of video, audio and Listed Codes (as defined below) from your System to us and any permitted monitoring facility. You shall instruct all persons who may use any Video-Related Services or the System of any limitations with respect to the Video-Related Services or the System. You shall comply with the provisions of Section 21 with respect to the use of the Video-Related Services and the System.
26. Emergency Dispatch Service. "Emergency Dispatch Services"
Shall be provided in accordance with this Agreement and consist solely of monitoring facility personnel telephoning the governmental authorities ("Authorities") or other persons provided by you ("Responsible Parties") or any company that provides on-site response services (“Third Party Responders”) upon the receipt of signals from your System reporting specific conditions ("Listed Codes") at the Premises. We shall provide Emergency Dispatch Services only for Listed Codes. Our obligation to provide Emergency Dispatch Services shall be satisfied by monitoring facility personnel contacting (or attempting to contact) the Authorities or Responsible Parties or Third Party Responders or by leaving a voicemail or similar type message with the Authorities or Responsible Parties or Third Party Responders. Emergency Dispatch Services are intended to reduce the risk of a burglary, robbery or other events occurring at the Premises but are not a guarantee such events will not occur or that there will be no personal injury or property loss as a result. The monitoring facility will not contact (nor attempt to contact) any Third Party Responder on your behalf unless you have specifically contracted with us to provide such service, or you have specifically requested that we provide such service (and we have agreed in writing to do so). Examples of where you might desire that the monitoring facility attempt to contact a Third Party Responder include situations (i) where the Premises are located in a jurisdiction in which the applicable Authorities will not respond to alarm signals at the Premises absent prior verification of an actual alarm event, or (ii) where you desire a faster response time than what might otherwise be provided by the applicable Authorities. Regardless of the circumstances, however, you acknowledge that, upon receipt of signals from your System, the monitoring facility will not contact (nor attempt to contact), nor have any obligation to contact, any Third Party Responder unless you have previously contracted with us to provide such service or you have previously requested that we provide such service (and we have agreed in writing to do so).
27. Consent to Communicate
The Emergency Dispatch Services require that we communicate with the Responsible Parties. Our communication may take different forms, including a live operator telephone call, a pre-recorded telephone message using an auto-dialer, an SMS or other form of text message or some other form of electronic communications. We will communicate with a Responsible Party at the telephone number you provide us, including any mobile phone number or residential landline number. You will (i) inform the Responsible Parties that we will communicate with them at such numbers; and (ii) obtain permission from the Responsible Parties that we may communicate with them at these telephone numbers. You will indemnify, defend and hold us harmless (without any condition that we first pay) for any loss, damage or expense ("Losses"), including our reasonable attorneys’ fees, arising out of or in connection with, due to or caused in whole or in part by, any claims asserted against us in connection with or as a result of our communications with any of the Responsible Parties, including any claim under any law, including the General Data Protection Regulation, Data Protection Act 2018 and the Privacy and Electronic Communications Regulations 2003.
28. Alarm Verification Prior to Dispatch
Upon receipt of a Listed Code and before calling any Authorities or Responsible Parties or any Third Party Responder, monitoring facility personnel may, in their sole discretion, take any one or more of the following steps in an attempt to verify the need to report the Listed Code to the Authorities or any of the Responsible Parties or any Third Party Responder, (collectively, the "Alarm Verification Steps"): (i) telephone or attempt to telephone the Premises, (ii) if we have access to Real-Time Services or Recorded Services, receive, retrieve and review video from the System, (iii) intercept or retrieve and listen to oral communications or other audio from the System; or (iv) undertake such other reasonable steps to verify the need to report the Listed Code. Following any one or more of the Alarm Verification Steps, monitoring facility personnel may, in their sole discretion, determine to report (or not report) a Listed Code to the Authorities or any of the Responsible Parties or any Third Party Responder. In addition, if monitoring facility personnel are unable to verify the need to report a Listed Code to the Authorities or any of the Responsible Parties or any Third Party Responder, monitoring facility personnel shall have no obligation to report such Listed Code. Monitoring facility personnel shall have no obligation to review or monitor any audio or video from the System for any time that is not immediately before or after receipt of a Listed Code.
29. Alarm Cancellation
Upon receipt of any current cancellation code set in accordance with the Owner's Manual for the System or oral advice (confirmed by safe word) to disregard the receipt of a Listed Code, monitoring facility personnel may, in their sole discretion, determine not to report a Listed Code to the Authorities or any of the Responsible Parties or any Third Party Responder.
30. Data; Data Storage
Your Account provides you with access to certain data stored by us. You agree that we may delete any data delivered to us when (i) any storage period that applies to your account expires, (ii) this Agreement is terminated or expires or (iii) you deliver a written request pursuant to this Agreement and such deletion is not prohibited by any applicable law, regulation, regulatory authority or other applicable judicial or governmental order. Notwithstanding anything contained herein to the contrary, SimpliSafe is not responsible for any change to or loss of any data.
31. App Stores
You acknowledge and agree that the availability of any Application is dependent on the third party websites from which you download the Application, e.g. the App Store from Apple or the Android app market from Google (each, an “App Store”). You acknowledge that this Agreement is between you and SimpliSafe and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from it. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of this Agreement, the more restrictive or conflicting terms and conditions in this Agreement apply. SimpliSafe will not charge you any additional fees for you to receive and download the Application; however, your wireless service provider may charge a fee for air-time or data usage associated therewith. Check with your wireless carrier if you have questions about your wireless plan.
32. SimpliSafe-Provided Interface to Third-Party Products, Applications and Services
33. End User License and Intellectual Property
Subject to the terms and conditions of this Agreement, SimpliSafe grants you a non-exclusive, non-transferable license to access and use the Services by (i) using the Application in connection with, and solely for the purpose of, controlling and monitoring the Services you are authorized to receive and/or control or monitor, and (ii) installing and using the Application solely on your own handheld mobile device (e.g., iPhone, iPad, or Android smartphone or other tablet device) and solely for the purposes set forth in this Agreement. There is a risk that unauthorized persons may gain access to the Application and data thereon and you agree to assume such risk. You consent to our posting alarm event and other status reports in connection with the Service on the Application. You will keep confidential all information available on the Application and all passwords relating to the Application or access thereto. This license will continue and be co-extensive with the term of this Agreement except for your (i) failure to keep confidential all information available on the Application and all passwords or access codes relating to the Application or access thereto, (ii) use of the license or the information in any manner that negatively affects us, (iii) use of the license or the information for any illegal purpose, (iv) breach of this Agreement or (v) violation of any applicable law. You will be solely responsible for information you deliver, delete or modify. Upon termination of this Agreement or termination or suspension of the license by us, we may immediately, and without notice, disable your access to the Application and cancel all passwords or other access codes. You will not (a) disclose or make available to third parties any portion of the technology associated with the Services or the Application without our prior written consent, (b) copy, decompile, dissemble, reverse engineer, manipulate, modify, or make derivative works of any technology incorporated in the Services or the Application except where permitted by law. SimpliSafe may from time to time develop patches, updates, upgrades or other modifications ("Updates") to improve the performance of the Services or the Application. These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services or the Application. You acknowledge that you may be required to install Updates to use the Services and you agree to promptly install any Updates that SimpliSafe provides. IF YOU FAIL TO INSTALL ANY UPDATES PROVIDED BY SIMPLISAFE, YOUR ACCESS TO THE APPLICATION AND THE SERVICES MAY BE TERMINATED.
34. Suspension of Service
SimpliSafe's obligations under this Agreement are waived automatically without notice and you release SimpliSafe for all loss or damage following any default or breach of this Agreement by you or if the monitoring facility, or Communications Equipment and Services are destroyed, damaged, inoperable or malfunction for any reason whatsoever, for the duration of such interruption of service, and you shall be entitled to a credit of the unearned charges paid for the period of interruption on your request, which credit shall not exceed more than one month's service charge and shall be the limit of SimpliSafe's liability. If this Agreement is terminated or the Services are suspended or terminated for any reason, you shall immediately disconnect the System from all Communications Equipment and Services (e.g., telephone line, radio transmitter, cellular transmitter, etc.). Upon termination of this Agreement or if the Services are suspended or terminated for any reason we may, in our sole discretion, without notice, and without any liability, remotely disable, disconnect or block the System and data from the System from communicating with the monitoring facility.
35. Right to Subcontract
Monitoring of the System is provided by a third party independent contractor. Likewise, any Third Party Responder is also an independent contractor. SimpliSafe may, in its sole discretion, subcontract for the provision of any of the Services under this Agreement. The provisions of this Agreement inure to the benefit of and are applicable to (i) any subcontractors engaged to provide any of the Services to you, including any monitoring facility and any Third Party Responder; and (ii) each of the SimpliSafe Parties (and any providers of Third-Party Products and Services, if any and solely as applicable), and bind you to all such persons or entities listed in the foregoing subsection (i) or (ii) with the same force and effect as they bind you to SimpliSafe. Any subcontractor we engage is an independent contractor and not our partner or joint venturer. You authorize us to act as your agent for purposes of working with, or providing any directions to, any subcontractors with respect to the provision of the Services. You authorize us to share your personal information with our subcontractors or Third Parties for the purpose of providing Services under this Agreement.
Which laws apply to this Agreement and where you may bring legal proceedings.This Agreement is governed by the laws of England and Wales and you can bring legal proceedings in respect of the products in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish courts or the courts of England and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish courts or the courts of England and Wales.
Even if we delay in enforcing the Agreement, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaking this Agreement, 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. For example, if you miss a payment and we do not demand payment from you but we continue to provide the products, we can still require you to make the payment at a later date.
If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of this Agreement 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.
Nobody else has any rights under this Agreement.This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Agreement or make any changes to these terms.
Notices. Unless otherwise expressly provided in this Agreement, (i) all notices required to be given to SimpliSafe shall be deemed to have been duly given if in writing and mailed by regular mail, postage prepaid, or overnight delivery, by a reputable, national overnight delivery service to SimpliSafe’s then current principal place of business and (ii) all notices required to be given to Subscriber shall be deemed to have been duly given if in writing and sent to the e-mail address Subscriber provided to SimpliSafe.
Assignment.We may transfer our rights and obligations under this Agreement to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the Agreement within 30 days of us telling you about it and we will refund you any payments you have made in advance for Services not provided.