Effective Date: 28-Oct-2023
Welcome to EgHubs! This User Agreement ('Agreement') is a contract between you and EgHubs ('we', 'us', 'our') and applies to your use of the EgHubs smart home device and related services through our mobile application (collectively, the 'Services'). By registering for an account and using our Services, you agree to be bound by the terms and conditions of this Agreement.
1. Acceptance of Terms
By checking the box at the registration screen and using our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you must not use our Services.
2. Description of Services
EgHubs provides a solution to control smart home devices, including but not limited to lights, A/C, TV, fan, shutters, and any infrared device. Our device also features a smoke/gas detector sensor with various emergency notification methods.
3. User Responsibilities
- Account Security: You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
- WiFi Network Security: You are responsible for maintaining the confidentiality of your WiFi network credentials. Additionally, please be aware that in the event of unauthorized access or hacking into the network, the security of devices connected to it may be at higher risk than usual. However, rest assured that we are committed to employing our best efforts to safeguard your devices both within and outside of your network perimeter.
- Device Compatibility: You are responsible for ensuring that your smart home devices are compatible with our Services.
- Emergency Contact: Please ensure that you add the local number provided by us to your favorite contacts to ensure receipt of emergency notifications.
4. Prohibited Uses
You may not use our Services: In any way that breaches any applicable local, national, or international law or regulation. For any unlawful or fraudulent purposes. To transmit any data, or send or upload any material that contains viruses or any other harmful programs.
5. Intellectual Property Rights
All intellectual property rights in the Services, including the software, design, text, images, and other content, are owned by EgHubs or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services in accordance with this Agreement.
6. Privacy
Your privacy is important to us. Please review our Privacy Policy, which explains how we handle your personal data.
7. Disclaimer of Warranties
The Services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
8. Limitation of Liability
To the fullest extent permitted by applicable law, EgHubs shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.
9. Changes to Agreement
We reserve the right to modify this Agreement at any time. We will notify you of any changes by posting the revised Agreement on our app. Your continued use of the Services after such changes have been posted constitutes your acceptance of the new terms.
10. Termination
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach this Agreement.
11. USER REPRESENTATIONS
By using the Application, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Terms of Use;
(4) your use of the Application will not violate any applicable law or regulation;
(5) not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use our services
(6) you will not access the Application through automated or non-human means, whether through a bot, script or otherwise; and
(7) you will not use the Application for any illegal or unauthorized purpose.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Application(or any portion thereof).
12. Limitations of Emergency Notification Services
EgHubs provides smoke/gas detection and emergency notification services, including fire alarm sound notifications, buzzer alerts, and phone calls. While we strive to provide reliable and prompt notifications, you acknowledge and agree that these services may be subject to limitations and failures beyond our control. These limitations include but are not limited to server downtimes, maintenance periods, power outages, sensor malfunctions, and network connectivity issues.
You understand that EgHubs cannot guarantee the delivery of emergency notifications in every situation. As such, we shall not be liable for any failure to deliver such notifications or for any delay in the delivery of notifications. We recommend that you have alternative measures and systems in place for emergency situations. Your use of EgHubs' emergency notification services is at your own risk.
While we are committed to doing our best to inform you in the event of smoke detection, we encourage you to regularly test your device and ensure it is functioning correctly. Please contact our support team if you experience any issues with the device or services.
Upon detection of any smoke or gas, you will immediately receive a notification. However, to prevent repeated alerts in a continuous emergency situation, you will not receive further notifications for the next two hours following the initial alert. This policy helps avoid redundant alerts while the same fire or gas situation is ongoing. We encourage you to remain alert and cautious during this period. Please do not hesitate to contact us if you require further assistance or information.
13. Limitations of IR Remote Compatibility
EgHubs offers the ability to control a variety of devices using infrared (IR) technology, including but not limited to air conditioners, TVs, fans, and other appliances. We provide a comprehensive database of IR remote protocols to support a wide range of devices.
However, you acknowledge and agree that our IR remote database may not include all existing remote protocols and models. As such, compatibility with all IR-enabled devices is not guaranteed. We are continually working to expand our database and may include additional remote protocols in future updates.
In the event that your device's remote is not currently supported, we invite you to contact our support team. We will endeavor to include support for additional remotes in future updates, but we cannot guarantee the inclusion of any specific remote or timeframe for such updates.
14. User Responsibility for Account Security
You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. EgHubs will not be liable for any loss or damage arising from your failure to comply with this security obligation.
You acknowledge that if an unauthorized third party gains access to your mobile device or account, they may have the ability to control the EgHubs devices connected to your home. It is your responsibility to ensure the security of your mobile device and account information to prevent such unauthorized access.
15. USER REGISTRATION
You may be required to register with the Application. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
16. PROHIBITED ACTIVITIES
1-Systematically retrieve data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2-Make any unauthorized use of the Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3-Use a buying agent or purchasing agent to make purchases on the Application.
4-Use the Application to advertise or offer to sell goods and services.
5-Circumvent, disable, or otherwise interfere with security-related features of the Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Application and/or the Content contained therein.
6-Engage in unauthorized framing of or linking to the Application.
7-Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
8-Make improper use of our support services or submit false reports of abuse or misconduct.
9-Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10-Interfere with, disrupt, or create an undue burden on the Application or the networks or services connected to the Application.
11-Attempt to impersonate another user or person or use the username of another user.
12-Sell or otherwise transfer your profile.
13-Use any information obtained from the Application in order to harass, abuse, or harm another person.
14-Use the Application as part of any effort to compete with us or otherwise use the Application and/or the Content for any revenue-generating endeavor or commercial enterprise.
15-Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Application.
16-Attempt to bypass any measures of the Application designed to prevent or restrict access to the Application, or any portion of the Application.
17-Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Application to you.
18-Delete the copyright or other proprietary rights notice from any Content.
19-Copy or adapt theApplication's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20-Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Application.
21-Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22-Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Application, or using or launching any unauthorized script or other software.
23-Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Application.
24-Use the Application in a manner inconsistent with any applicable laws or regulations.
17. CONTRIBUTION LICENSE
By posting any Contributions to any part of the Application, or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.We have the right, in our sole and absolute discretion,
(1) to edit, redact, or otherwise change any Contributions;
(2) to re-categorize any Contributions to place them in more appropriate locations on the Application; and
(3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
18. MOBILE APPLICATION LICENSE
Use License
If you access the Application via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not:
(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
(5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Application:
(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
(2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(4) you represent and warrant that (i) 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 (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
(5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
(6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
APP MANAGEMENT
We reserve the right, but not the obligation, to:
(1) monitor the Application for violations of these Terms of Use;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
(5) otherwise manage the Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Application.
19. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the Application infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Application infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Application are covered by the Notification, a representative list of such works on the Application;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the Application as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
(1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
(2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;
(3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent;
(4) your name, address, and telephone number;
(5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
(6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
20. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Application at any time or for any reason at our sole discretion without notice. This includes the right to remove any feature that is currently free and make it available only to subscribed users or as part of a subscription plan. However, we have no obligation to update any information on our Application. We also reserve the right to modify or discontinue all or part of the Application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Application.
We cannot guarantee the Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Application during any downtime or discontinuance of the Application. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Application or to supply any corrections, updates, or releases in connection therewith.
21. Contact Us
If you have any questions about this Agreement, please contact us at [eghubs@gmail.com].