A Better Home Terms and Conditions of Use
Effective as of November 29, 2018
Table of Contents
Changes to the Agreements
Enjoying A Better Home
Rights We Grant You
Third Party Services
Rights You Grant Us
Notice of Copyright Infringement
Services Limitations and Modifications
A Better Home Support Community
Payments and Cancellations
Term and Termination
Photosensitive Seizure Warning
Warranty and Disclaimer
Limitation and Time for Filing
Third Party Rights
Severability and Waiver
Dispute Resolution; Binding Arbitration and Class Action Waiver
Thanks for choosing A Better Home (“A Better Home”, “we”, “us”, “our”). By signing up or otherwise using the A Better Home services, websites, or software applications, including but not limited to the Lighter application on iOS and Android devices (together, the “A Better Home Services” or “Services”), or accessing any content or material that is made available by A Better Home through the Services (the “Content”) you are entering into a binding contract with A Better Home, LLC, a California limited liability company. The Services also include the A Better Home Support Community, as further described in Section 11 (A Better Home Support Community) below and located at https://abetterhome.helprace.com/.
The Services include social and interactive features. Use of the Services relies on several technical requirements.
Please read the Agreements carefully. They cover important information about the Services and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.
In order to use the Services and access the Content, you need to (1) be at least 18 years old, or at least 13 years old and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
2 Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Services or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Services after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Services under the new version of the Agreements, you may terminate the Agreements by contacting us at email@example.com.
Here’s some information about all the ways you can enjoy A Better Home.
A Better Home provides software services offering a selection of lighting scenes, music and other content. Certain aspects of the Services are provided to you free-of-charge. Other aspects of the Services require payment before you can access them. The aspects of the Services that may be accessed only after payment are referred to as “Premium Content” and “Subscriptions” (together, “Paid Content”).
Subscriptions may not be available to all users. If you cancel your Subscription, or if your Subscription is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Subscription. Note that Subscriptions may be discontinued in the future, in which case you will no longer be charged for the Subscription.
From time to time, we or third parties on our behalf (e.g., Apple, Google, or Amazon) may offer trials of Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Trials offered by third parties on our behalf shall also be subject to the terms and conditions of use and privacy policies of such third parties. A Better Home reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some Trials, we’ll require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE SUBSCRIPTION THROUGH THE PLATFORM YOU USED TO DOWNLOAD THE RELEVANT A BETTER HOME SERVICE (E.G., THE APPLE APP STORE OR GOOGLE PLAY STORE) BEFORE THE END OF THE TRIAL. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE SUBSCRIPTION THROUGH THE PLATFORM YOU USED TO DOWNLOAD THE RELEVANT SERVICE (E.G., THE APPLE APP STORE OR GOOGLE PLAY STORE) BEFORE THE END OF THE RECURRING MONTHLY PERIOD. SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, A BETTER HOME WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. SECTION 14 (PAYMENTS AND CANCELLATIONS) SETS FORTH ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR SUBSCRIPTION.
4 Rights We Grant You
The Services and the Content are the property of A Better Home or A Better Home’s licensors. We grant you a limited, non-exclusive, revocable license to make use of the Services, and a limited, non-exclusive, revocable license to make personal, non-commercial, entertainment use of the Content (the “License”). This License shall remain in effect until and unless terminated by you or A Better Home. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Services or the Content.
The A Better Home software applications and the Content are licensed, not sold, to you, and A Better Home and its licensors retain ownership of all copies of the A Better Home software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
All A Better Home trademarks, service marks, trade names, logos, domain names, and any other features of the A Better Home brand (“A Better Home Brand Features”) are the sole property of A Better Home or its licensors. The Agreements do not grant you any rights to use any A Better Home Brand Features whether for commercial or non-commercial use.
You agree to abide by our User Guidelines, as further described in Section 8 (User Guidelines) below, and not to use the Services, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, A Better Home grants no right, title, or interest to you in the Services or Content.
Third party software (for example, open source software libraries) included in the Services are licensed to you either under the Agreements or under the relevant third party software library’s license terms as published in the “About” section of our website located at https://abetterhome.co/about/.
You understand and agree that A Better Home does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Services or for any transaction you may enter into with the provider of any such Third Party Services.
6 User-Generated Content
Users of the Services may post, upload, and/or contribute (“post”) content to the Services (which might include, for example, pictures, text, messages, information, playlist compilations, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the A Better Home Support Community as well as any other part of the Services.
You promise that, with respect to any User Content you post on the Services, (1) you have the right to post such User Content, and (2) such User Content, or its use by A Better Home as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by A Better Home or any artist, band, label, entity or individual without express written consent from such individual or entity.
A Better Home may, but has no obligation to, monitor, review, or edit User Content. In all cases, A Better Home reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in A Better Home’s sole discretion, violates the Agreements. A Better Home may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. A Better Home is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST A BETTER HOME RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD A BETTER HOME HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Services to use the processor, bandwidth, and storage hardware on your Devices in order to facilitate the operation of the Services, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Services, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed, provided to or otherwise made available by A Better Home might contain advertising as part of the Content. In such cases, A Better Home will make such Content available to you unmodified.
You grant us the right to detect, identify, track, and control any and all Devices connected to your Devices’ networks. This includes manufacturer, model, and current state of the Devices, as well as the data such Devices generate, GPS location, and the presence of any software on such Devices. You also grant us the right to read & write information and settings to those Devices in order to operate the Services.
You acknowledge and agree that A Better Home is not liable for damages to any of your Devices, or for any loss of data or settings on any of your Devices.
If you provide feedback, ideas or suggestions to A Better Home in connection with the Services or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize A Better Home to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant A Better Home a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Services through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. This includes, but isn’t limited to, marketing materials (emails, screenshots, ads, posters, as well as ads from our partners), both inside the Services, and outside of it. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
8 User Guidelines
We’ve established a few ground rules for you to follow when using the Services, to make sure the Services stay enjoyable for everyone. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever:
copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Services or the Content, or otherwise making any use of the or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Services or the Content or any part of it;
using the Services to import or copy any local files you do not have the legal right to import or copy in this way;
transferring copies of cached Content from an authorized Device to any other Device via any means;
reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Services, Content or any part thereof unless permitted by applicable law;
accessing, tampering with, or using nonpublic areas of the Services, A Better Home’s computer systems, or the technical delivery systems of A Better Home’s providers;
attempting to probe, scan, or test the vulnerability of any A Better Home system or network or breach any security or authentication measures;
circumventing any technology used by A Better Home, its licensors, or any third party to protect the Content or the Services;
selling, renting, sublicensing or leasing of any part of the Services or the Content;
circumventing any territorial restrictions applied by A Better Home or its licensors;
artificially increasing play count or otherwise manipulating the Services by using a script or other automated process;
removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Services (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
providing your password to any other person or using any other person’s username and password;
“crawling” the Services or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from A Better Home; or
selling a user account or playlist, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist.
Please respect A Better Home, the owners of the Content, and other users of the Services. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
is offensive, abusive, defamatory, pornographic, threatening, or obscene;
is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of A Better Home or a third party;
includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Services;
is intended to or does harass or bully other users;
impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
uses automated means to artificially promote content;
involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the A Better Home inbox;
involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by A Better Home;
links to, references, or otherwise promotes commercial products or services, except as expressly authorized by A Better Home;
interferes with or in any way disrupts the Services, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Services or A Better Home’s computer systems, network, usage rules, or any of A Better Home’s security components, authentication measures or any other protection measures applicable to the Services, the Content or any part thereof; or
conflicts with the Agreements, as determined by A Better Home.
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your A Better Home account and/or access to the Services. You also agree that A Better Home may also reclaim your username for any reason.
Please be thoughtful about how you use the Services and what you share. The Services include social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on A Better Home or across the web, so please use A Better Home carefully and be mindful of your account settings. A Better Home has no responsibility for your choices to post material on the Services.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Services. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
A Better Home respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a summary of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, A Better Home will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to A Better Home’s Designated Copyright Agent identified in the notice below.
If you are a copyright owner, authorized to act on behalf of a copyright owner, or authorized to act under any exclusive right under copyright, please report any alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering the Notice to A Better Home’s Designated Copyright Agent. Upon receipt of a DMCA Notice of Alleged Infringement as described below, A Better Home will take whatever action, in A Better Home’s sole discretion, that A Better Home deems appropriate, which may include the removal of, or disabling of access to, the challenged material from the Services.
DMCA Notice of Alleged Infringement (“Notice”)
Deliver this Notice, with all items completed, to A Better Home’s Designated Copyright Agent:
A Better Home, LLC
Attn: Copyright Agent
1163 Pine St. #1
Email: firstname.lastname@example.org (with the subject line “DMCA Notice of Alleged Infringement”)
In the event A Better Home, after receiving a proper DMCA Notice of Alleged Infringement, takes steps to remove or disable access to the challenged material, A Better Home will take reasonable steps to promptly notify the party who originally posted such challenged material to the Services (the “Posting Party”) that A Better Home has removed or disabled access to such challenged material. Provided the challenged material does not otherwise violate these Terms, the Posting Party may then dispute such DMCA Notice of Alleged Infringement by completing the following DMCA Counter-Notice and delivering the Counter-Notice to A Better Home’s Designated Copyright Agent. Upon receipt of a proper DMCA Counter-Notice, A Better Home will promptly provide the party who submitted the relevant DMCA Notice of Alleged Infringement (the “Reporting Party”) with a copy of such DMCA Counter-Notice and inform the Reporting Party that A Better Home will replace the removed material or cease disabling access to such material in 10 business days, and will thereafter replace the removed material and cease disabling access to such material not less than 10, nor more than 14, business days following receipt of such DMCA Counter-Notice, unless A Better Home’s Copyright Agent first receives notice from the Reporting Party that such Reporting Party has filed an action seeking a court order to restrain the Posting Party from engaging in infringing activity relating to the challenged material on the Services.
DMCA Counter-Notice (“Counter-Notice”)
Deliver this Counter-Notice, with all items completed, to A Better Home’s Designated Copyright Agent:
A Better Home, LLC
Attn: Copyright Agent
1163 Pine St. #1
Email: email@example.com (with the subject line “DMCA Counter-Notice”)
Please note that pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake may be subject to liability. Please also be advised that A Better Home enforces a policy of terminating the accounts of, or banning, repeat infringers. A repeat infringer includes any user who has made two or more postings that A Better Home has removed or disabled access to pursuant to notices of infringement under these DMCA notice and takedown procedures.
10 Services Limitations and Modifications
A Better Home will make reasonable efforts to keep the Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, A Better Home reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Services or any function or feature thereof. You understand, agree, and accept that A Better Home has no obligation to maintain, support, upgrade, or update the Services, or to provide all or any specific content through the Services. This section will be enforced to the extent permissible by applicable law. A Better Home and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
The Services might contain links to third party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third party websites or resources.
11 A Better Home Support Community
11.1 No Official Support
No User Content or other content posted by A Better Home employees, moderators and/or representatives on the A Better Home Support Community should be construed as official support provided by A Better Home. For details regarding official support, see Section 12 (Customer Support). Any content provided or made available to you on the A Better Home Support Community by A Better Home employees, moderators, and/or representatives is provided on an “as is” basis without warranties of any kind.
You acknowledge that opinions expressed in User Content on the A Better Home Support Community are those of contributors of such User Content only and do not reflect the opinions or policies of A Better Home or any of its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, suppliers, or licensors.
11.2 Reward Program
The A Better Home Support Community might feature a reward system whereby A Better Home, in its sole discretion, might reward users based on the amount of “Votes” received or quality of responses by a user. You agree to only give Votes to other users (and not to yourself) and only when deserved, and to refrain from any attempts to manipulate the reward system, e.g., by creating multiple accounts or artificial responses. You acknowledge that A Better Home’s decision in respect of any reward shall be final and binding.
12 Customer Support
For customer support with account-related and payment-related questions (“Customer Support Queries”), please send an email to firstname.lastname@example.org. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
13 Export Control
A Better Home’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from A Better Home under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreements.
14 Payments and Cancellations
14.1 Premium Content Payment Terms
You may purchase a limited license and right to use Premium Content by visiting the purchase page in the Services and providing billing authorization through the third party platform on which you downloaded the Services (e.g., the Apple App Store, Google Play Store, or Amazon App Store).
When you purchase Premium Content, the transaction will be processed through such third party platform, and you will also be subject to such third party platform’s payment terms and conditions. Please review the relevant third party platform’s payment terms and conditions for additional information. You can also contact us at email@example.com for questions concerning refunds of purchases made through the Apple App Store, Amazon App Store or Google Play Store. Please note that support for billing-related issues and questions is available in English only.
For Premium Content, your order will represent an offer to us to obtain a limited license and right to use the relevant Premium Content that will be accepted by us when we accept payment. At that point, the limited license begins.
For orders to obtain a limited license and right to use Premium Content, by clicking the purchase/order button on the purchase window or page you:
– agree that we will supply the Premium Content to you as soon as we have accepted your order; and
– if you reside in the European Union (the “EU”), you acknowledge that you will therefore no longer have the right to cancel under the EU’s Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the Premium Content.
You understand that while you may “earn,” “buy,” or “purchase” Premium Content for use in the Services, you do not legally “own” the Premium Content.
ALL SALES ARE FINAL: YOU ACKNOWLEDGE THAT A BETTER HOME IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR PREVIOUSLY PURSCHASED PREMIUM CONTENT WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE A PAYMENT THROUGH THE APPLE APP STORE, GOOGLE PLAY STORE, AMAZON APP STORE, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER ACCESS TO THE A BETTER HOME SERVICES AND/OR PREMIUM CONTENT.
PURCHASES TO ACQUIRE A LIMITED LICENSE AND RIGHT TO USE PREMIUM CONTENT ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.
You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. A Better Home may revise the pricing for Premium Content it licenses to you at any time.
Subscriptions are also subject to our Additional Subscription Payment Terms set forth in Subsection 14.2 (Additional Subscription Payment Terms).
14.2 Additional Subscription Payment Terms
If you purchase a Subscription, then by clicking the purchase button you are requesting that A Better Home begins supplying the Subscription-related Services immediately and are entering into a monthly Subscription contract with us. You are also authorizing a charge to you of a monthly Subscription fee at the rate quoted at the time of purchase. Subscriptions are purchasable through the third party platform on which you downloaded the Services (e.g., the Apple App Store, Google Play Store, or Amazon App Store). When you purchase Premium Content, such third party platform will charge you for the Subscription fee, and you will also be subject to such third party platform’s payment terms and conditions. Please review the relevant third party platform’s payment terms and conditions for additional information.
Subscription rates are based on an amount in U.S. Dollars. If you are using a local currency the actual amount may fluctuate based on currency exchange rates without notice to you. The charges will be applied to the payment instrument you provide when you start your Subscription (or a different payment instrument, if you change your account information). Please note that prices and charges are subject to change. If A Better Home makes a change to the monthly Subscription rate in U.S. Dollars, we will let you know in advance.
Your Subscription will automatically renew each month unless and until you terminate your Subscription or we terminate it. You must cancel your Subscription before it renews each month, otherwise payment of the next month’s Subscription fees will be taken automatically via your chosen payment method. You may cancel your Subscription at any time directly through the third party platform through which you purchased such Subscription. For instructions on how to cancel a Subscription, please review the customer support website or contact the customer support number of such third party platform. You can also contact us at firstname.lastname@example.org for questions regarding canceling auto-renewing Subscriptions purchased through the Apple App Store, Amazon App Store or Google Play Store. Please note that support for billing-related issues and questions is available in English only.
SUBSCRIPTION PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS.
The Agreements will continue to apply to you until terminated by either you or A Better Home. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiration or termination of any of the Agreements for any reason. A Better Home may terminate the Agreements or suspend your access to the Services at any time and for any or no reason, including but not limited to in the event of your actual or suspected unauthorized use of the Services and/or Content, or non-compliance with the Agreements. If you or A Better Home terminate the Agreements, or if A Better Home suspends your access to the Services, you agree that A Better Home shall have no liability or responsibility to you, and A Better Home will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your A Better Home account, please contact us at email@example.com. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
Sections 6 (User-Generated Content), 7 (Rights You Grant US), 8 (User Guidelines), 9 (Notice of Copyright Infringement), 11 (A Better Home Support Community), 13 (Export Control), 14 (Payment and Cancellations), 15 (Term and Termination), 17 (Warranty and Disclaimer), 18 (Limitation and Time for Filing), 19 (Third Party Rights), 20 (Entire Agreement), 21 (Severability and Waiver), 22 (Assignment), 23 (Indemnification), 24 (Governing Law), and 25 (Dispute Resolution; Binding Arbitration and Class Action Waiver) herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
A very small percentage of people may experience a seizure when exposed to certain visual images, including flashing lights or patterns that may appear in the Services. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while using the Services.
These seizures may have a variety of symptoms, including lightheadedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion, or momentary loss of awareness. Seizures may also cause loss of consciousness or convulsions that can lead to injury from falling down or striking nearby objects.
Immediately stop using the Services and consult a doctor if you experience any of these symptoms. Parents should watch for or ask their children about the above symptoms. Children and teenagers are more likely than adults to experience these seizures.
– Do not look at the flashes directly but rather indirectly
If you or any of your relatives have a history of seizures or epilepsy, consult a doctor before using the Services.
17 Warranty and Disclaimer
WE ENDEAVOR TO PROVIDE THE BEST SERVICES WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE A BETTER HOME SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE A BETTER HOME SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, A BETTER HOME AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. NEITHER A BETTER HOME NOR ANY OWNER OF CONTENT WARRANTS THAT THE A BETTER HOME SERVICES, OR ANY FUNCTION CONTAINED IN THE A BETTER HOME SERVICES, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE A BETTER HOME SERVICES OR THE SERVERS THAT MAKE THE A BETTER HOME SERVICES AVAILABLE ARE FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. YOUR USE OF ANY A BETTER HOME SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE, OR OTHER HARDWARE, INCLUDING BUT NOT LIMITED TO YOUR PHILIPS LIGHTING HUE BULBS OR BRIDGE, GOOGLE HOME, OR AMAZON ALEXA OR ECHO, OR LOSS OF YOUR DATA OR SETTINGS THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH A BETTER HOME SERVICE.
IN ADDITION, A BETTER HOME MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY SERVICES (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE A BETTER HOME SERVICES OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT A BETTER HOME IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE A BETTER HOME SERVICES. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM A BETTER HOME SHALL CREATE ANY WARRANTY ON BEHALF OF A BETTER HOME IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
18 Limitation and Time for Filing
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE A BETTER HOME SERVICES IS TO UNINSTALL ANY A BETTER HOME SOFTWARE AND TO STOP USING THE A BETTER HOME SERVICES. WHILE A BETTER HOME ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY SERVICES OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY SERVICES MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO A BETTER HOME, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY SERVICES OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL A BETTER HOME, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE A BETTER HOME SERVICES, THIRD PARTY SERVICES, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER A BETTER HOME HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE A BETTER HOME SERVICES, THIRD PARTY SERVICES, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO A BETTER HOME DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits A Better Home’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
These seizures may have a variety of symptoms, including lightheadedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion, or momentary loss of awareness. Seizures may also cause loss of consciousness or convulsions that can lead to injury from falling down or striking nearby objects.
DO NOT USE OUR Services and consult a doctor if you experience any of these symptoms. Parents should watch for or ask their children about the above symptoms. Children and teenagers are more likely than adults to experience these seizures.
– Do not look at the flashes directly but rather indirectly
If you or any of your relatives have a history of seizures or epilepsy, consult a doctor before using TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST A BETTER HOME MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
19 Third Party Rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and A Better Home, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If you have downloaded the relevant Service from the Apple, Inc. (“Apple”) App Store or if you are using the Services on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and A Better Home only, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the relevant Service to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (1) product liability claims; (2) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Services and/or your possession and use of the Services infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Services. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
20 Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and A Better Home, the Agreements constitute all the terms and conditions agreed upon between you and A Better Home and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
21 Severability and Waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by A Better Home or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive A Better Home’s or the applicable third party beneficiary’s right to do so.
A Better Home may assign the Agreements or any part of them, and A Better Home may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold A Better Home harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Services; and (4) your violation of any law or the rights of a third party.
24 Governing Law
Any claims arising out of the Services or these Terms (including interpretation, claims for breach, and all other claims, including consumer protection, unfair competition and tort claims) will be subject to the laws of the State of California, United States, without reference to conflict of laws principles.
25 Dispute Resolution; Binding Arbitration and Class Action Waiver
Read this Section 25 carefully. this Section 25 may significantly affect your legal rights, including your right to file a lawsuit in court.
25.1 Informal Dispute Resolution
A Better Home’s Customer Support department is available by email at firstname.lastname@example.org to address any concerns, disputes, claims or controversies you may have regarding the Services, these Terms (including its interpretation, formation, performance and breach) or the relationship between you and A Better Home (collectively, “Disputes”). Most Disputes are quickly resolved in this manner to our users’ satisfaction. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
25.2 Formal Dispute Resolution
If the parties do not agree upon a resolution in connection with a Dispute within a period of 30 calendar days from the time informal dispute resolution is initiated pursuant to Section 25.1 (Initial Dispute Resolution), you and A Better Home expressly agree that the provisions in Section 25.2.1 (Agreement to Arbitrate), Section 25.2.2 (Location), Section 25.2.3 (Class Action Waiver), Section 25.2.4 (Exception – Litigation of Intellectual Property and Small Claims Court) and Section 25.2.5 (30 Day Right to Opt Out) apply to you if (i) you are domiciled in and/or use the Services in the United States or (ii) you are domiciled in and/or use the Services from outside the United States, legal proceedings in connection with a Dispute are initiated within the United States and you are entitled to participate in such proceedings.
If the parties do not agree upon a resolution in connection with a Dispute within a period of 30 calendar days from the time informal dispute resolution is initiated pursuant to Section 25.1 (Initial Dispute Resolution), then either party may initiate binding arbitration as the sole means to formally resolve claims (the “Agreement to Arbitrate”), subject to the terms set forth below. Specifically, all Disputes shall be finally settled by binding arbitration administered by the American Arbitration Association (the “AAA”). The arbitration proceedings shall be governed by AAA’s Commercial Arbitration Rules (the “AAA Rules”) and, where appropriate, AAA’s Supplementary Procedures for Resolution of Consumer-Related Disputes (the “AAA Consumer Rules”). This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act shall apply to the interpretation, applicability, enforceability and formation of these Terms notwithstanding any other choice of law provision contained in these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including without limitation any claim that all or any party of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
The AAA Rules and the AAA Consumer Rules are both available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if you send A Better Home a notice to A Better Home, LLC, Attn: Legal, 1163 Pine St. #1, San Francisco, CA 94109, USA, indicating that you are unable to pay the fees required to initiate an arbitration, A Better Home will pay all arbitration fees and expenses. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, A Better Home will pay the additional cost. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the cost of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in San Francisco County, California, USA, and you and A Better Home agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California, USA, in order to compel arbitration, to stay proceedings pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
25.2.3 Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND A BETTER HOME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR A BETTER HOME’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this subsection is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Disputes.
25.2.4 Exception – Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties’ decision to resolve all Disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Services under the Agreements. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
25.2.5 30 Day Right to Opt out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Subsection 25.2.1 (Agreement to Arbitrate), Subsection 25.2.2 (Location) and Subsection 25.2.3 (Class Action Waiver) above by sending written notice of your decision to opt out to the following address: A Better Home, LLC, Attn: Legal, 1163 Pine St. #1, San Francisco, CA 94109, USA.
The notice must be sent within 30 days of your first access or use of the Services; otherwise you will be bound to arbitrate Disputes in accordance with the terms of those Subsections. If you opt-out of these arbitration provisions, A Better Home also will not be bound by such provisions.
25.2.6 Disputes Not Subject to Arbitration or Class Action Waiver
For Disputes not subject to the “Agreement to Arbitrate” set forth in Section 25.2.1 (Agreement to Arbitrate), or if any court or arbitrator determines that the “Class Action Waiver” set forth in Section 25.2.3 (Class Action Waiver) is void or unenforceable for any reason or that an arbitration can proceed on a class basis, exclusive jurisdiction for any claim or action arising out of or relating to the Services or these Terms shall be the federal or state courts in San Francisco County, California, USA, and you expressly consent to the exercise of personal jurisdiction of such courts.
25.2.7 Changes to this Section
A Better Home will provide 60-days’ notice of any changes to this Section 25 and any such change will apply only to any claims arising after the 60th day following such notice.
If you have any questions concerning the Services or the Agreements, please contact A Better Home Customer Support:
A Better Home, LLC
Attn: Customer Service
1163 Pine St. #1
San Francisco, CA 94109
Thank you for reading our Terms. We hope you enjoy the A Better Home Services!