TERMS OF SERVICE AGREEMENT
Effective Date: Oct 15, 2018
IMPORTANT: BEFORE USE OF THE ARRAHOME WI-FI CONNECT FEATURE AND MOBILE PHONE APPLICATION (“ARRAHOME APPLICATION” or “APP”), PLEASE READ THIS TERMS OF SERVICE AGREEMENT ("AGREEMENT") CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU ("USER") AND SHENZHEN SMART CITY TECHNOLOGY CO.,LTD ("ARRAHOME," "COMPANY," "WE," OR "US") AND ITS AFFILIATES (COLLECTIVELY, “ARRAHOMEA”).
THE APP IS INTENDED FOR USE WITH WI-FI CONNECT APPLIANCES (“ARRAHOME CONNECTED APPLIANCES”) OR CONNECTPLUS BOX THAT YOU HAVE PURCHASED FROM ARRAHOME OR ITS AUTHORIZED RESELLER. BY ACCEPTING THIS AGREEMENT YOU (“YOU”) ARE BECOMING A PARTY TO THIS LICENSE AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT LICENSED TO USE ARRAHOME APPLICATION OR THE ARRAHOME SOFTWARE CONTAINED THEREIN. ARRAHOME RECOMMENDS THAT YOU PRINT A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.
If any provision of this AGREEMENT is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the other provisions of this AGREEMENT shall remain in force.
1. ARRAHOME SOFTWARE LICENSE GRANT. Subject to the terms of this AGREEMENT, ARRAHOME hereby grants You a limited, personal, non-sublicenseable, non-transferable, non-exclusive, revocable license to use the ARRAHOME Application that is intended for use with any ARRAHOME Connected Appliances you may have purchased, in accordance with this AGREEMENT and any documentation accompanying your ARRAHOME Connected Appliances (the “Software License”). If you choose to sell or transfer ownership of your ARRAHOME Connected Appliance(s) to a new owner, you agree that you will deactivate the transferred ARRAHOME Connected Appliance(s) from your account. The new owner will need to agree to the terms of this AGREEMENT and will need to submit a new agreement to use the ARRAHOME Application when they register any transferred ARRAHOME Connected Appliance.
2. PERMITTED USE. This AGREEMENT allows You use of the ARRAHOME Application on a reasonable number of personal electronic devices (i.e., portable electronic devices such as mobile phones and tablets) which You or members of Your household own, for the limited purpose of accessing your ARRAHOME Connected Appliance(s).
3. LICENSE RESTRICTIONS. Except as expressly and unambiguously permitted by this AGREEMENT, You may not, nor permit anyone else to, directly or indirectly: copy, modify, or distribute the ARRAHOME Application or reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the ARRAHOME Application (except and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any Open Source Software, as defined below). As between the parties, title, ownership rights, and intellectual property rights in and to the ARRAHOME Application, and any copies or portions thereof, shall remain in and with ARRAHOME and its suppliers or licensors. To the extent permitted by applicable law, ARRAHOME may modify or discontinue offering the ARRAHOME Application at any time for valid reasons (e.g., to reflect changes in relevant laws, to protect security, or to implement technical adjustments and improvements). ARRAHOME will seek to notify You by reasonable means of any modifications that will have a material adverse effect on the use of the ARRAHOME Application, taken as a whole. You understand that ARRAHOME through its software platform partners may elect to begin charging a licensing fee for the use of the ARRAHOME Application and that ARRAHOME or its partners may elect to begin charging a one-time fee or a reoccurring subscription fee for the services provided by the ARRAHOME Application, but will not do so without giving You the option of paying the fee or discontinuing use of the ARRAHOME Application. To the extent permitted by applicable law, ARRAHOME may modify any such fee where reasonably necessary. ARRAHOME will seek to notify You by reasonable means of any material increase in any such fee. All rights not expressly granted to you in the ARRAHOME Software herein are expressly reserved to ARRAHOME.
4. USER CONTENT.
4.1 Responsible Party for Content. You acknowledge that all content is the sole responsibility of the party from whom such content originated. This means that each User is entirely responsible for all content that that User makes available through the Services, or otherwise provided to ARRAHOME, whether online or offline and whether or not solicited by ARRAHOME ("User Content"). ARRAHOME has no obligation to pre-screen any content. You use all User Content and interact with other Users at your own risk. Without limiting the foregoing, ARRAHOME reserves the right in its sole discretion to pre-screen, refuse, or remove any content. ARRAHOME shall have the right to remove any content that violates this Agreement or is otherwise objectionable.
4.2 Ownership of Your Content. ARRAHOME does not claim ownership of any User Content you make available on the Services ("Your Content"). However, when you as a User post or publish Your Content on or in the Services, you represent that you have all of the necessary rights to grant ARRAHOME the license set forth in Section 4.3. Except with respect to Your Content, you agree that you have no right or title in or to any content that appears on or in the Services.
4.3 License to Your Content. Subject to any applicable Account settings that you select, you grant ARRAHOME, and anyone authorized by ARRAHOME, an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, copy, display, publicly perform, transmit, modify, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit and use Your Content (in whole or in part) in any manner or medium now existing or hereafter developed (including print and electronic storage) and for any purpose. The foregoing grant includes the right to exploit any proprietary rights in Your Content, including, but not limited to, under copyright, trademark, trade secret, patent or other intellectual property laws that exist in any relevant jurisdiction. In connection with the exercise of these rights, you grant ARRAHOME, and anyone authorized by ARRAHOME, the right to identify you as the author of Your Content by name, email address or screen name, as we deem appropriate. You will not receive any compensation of any kind for the use of Your Content. Note that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any "public" area of the Services.
4.4 Ratings and Reviews. Ratings and reviews posted by Users on our Services are User Content that is not endorsed by ARRAHOME and does not represent the views of ARRAHOME. ARRAHOME does not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect Users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (i) to base any rating or review you post only on your first-hand experience with the applicable business, product, or service; (ii) you will not provide a rating or review for any business, product, or service with respect to which you have a competitive, ownership or other economic interest, employment relationship or other affiliation; (iii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iv) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such User Content without notice.
4.5 Other Restrictions on User Conduct. You agree not to use the Services for any purpose prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third-party to) (a) take any action or (b) make available any content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without ARRAHOME's prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (v) impersonates any person or entity, including any employee or representative of ARRAHOME.
5. OWNERSHIP OF AND LICENSE TO USE ARRAHOME PROPERTIES.
5.1 Use of the Services. Except with respect to User Content, ARRAHOME and its suppliers own all rights, title and interest in the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, ARRAHOME grants you a limited license to use the Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Services shall be subject to this Agreement. ARRAHOME, its suppliers and service providers reserve all rights not granted in this Agreement.
5.2 Trademarks. ARRAHOME's stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of ARRAHOME and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
6.RESTRICTIONS ON USE OF SERVICES. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not frame or use framing techniques to enclose any trademark, logo or Services (including images, text, page layout or form) of ARRAHOME; (c) you shall not use any metatags or other "hidden text" using ARRAHOME's name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Services to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, "flooding," "spamming," "mail bombing", or "crashing" the Services. Any unauthorized use of the Services terminates the licenses granted by ARRAHOME pursuant to this Agreement.
7. THIRD-PARTY LINKS. The Services may contain links to third-party services such as third party websites, applications, or ads ("Third-Party Links"). When you click on such a link, we will not warn you that you have left the Services. ARRAHOME does not control and is not responsible for Third-Party Links. ARRAHOME provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.
8.INDEMNIFICATION. You agree to indemnify and hold ARRAHOME, its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners and licensors of each (collectively, the "ARRAHOME Parties") harmless from any damages, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any claims concerning: (a) Your Content; (b) your misuse of the Services; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. ARRAHOME reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ARRAHOME in asserting any available defenses. This provision does not require you to indemnify any of the ARRAHOME Parties for any unconscionable commercial practice by such party or for such party's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of your Account, this Agreement or your access to the Services.
9. TRANSACTIONS. The App may make available listings, descriptions, and images of products. Except to the extent prohibited by applicable law, ARRAHOME makes no representations as to the completeness or accuracy of such listings, descriptions, or images (including any features, specifications, and prices contained therein). Such information and the availability of any product are subject to change at any time without notice. You may be able to purchase products through the App (a “Transaction”). You confirm that you have the right to use any method of payment that you submit. Verification of information may be required prior to the acknowledgment or completion of any Transaction. It is your responsibility to comply with all applicable laws regarding the purchase and use of any product. To the fullest extent permitted by applicable law, ARRAHOME reserves the right, including without prior notice, to limit the available quantity of or discontinue the availability of any product and to bar any user from making a Transaction. Refunds and exchanges are subject to our applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the App, at the prices in effect when such charges are incurred, including applicable charges for shipping, handling, and taxes. While it is the practice of ARRAHOME to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute ARRAHOME’s acceptance of an order or its confirmation of an offer to sell a product. Unless prohibited by applicable law, Transactions are made pursuant to a shipment contract, and, as a result, risk of loss and title for products pass to You upon ARRAHOME’s delivery of the products to the carrier, and You are responsible for filing any claims with carriers for damaged and/or lost shipments.
10. FEEDBACK. If You provide to ARRAHOME any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the ARRAHOME Application or otherwise, You agree that such Feedback is not confidential and that Your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place ARRAHOME under any obligation in respect of such Feedback.
11. LIMITED WARRANTY. ARRAHOME warrants the ARRAHOME Application to be free from major defects in workmanship under normal use for a period of thirty (30) days from the initial download of the ARRAHOME Application. Your exclusive remedy under this Section shall be a replacement of the ARRAHOME Application with the currently available version of the ARRAHOME Application. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED OR IMPLIED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. FURTHER, IF YOUR PERSONAL ELECTRONIC DEVICE IS CONFIGURED TO ALLOW MODIFICATION OF, ADMINISTRATIVE ACCESS TO, OR PRIVILEGED ACCESS TO YOUR DEVICE’S OPERATING SYSTEM, SUCH CONFIGURATION COULD COMPROMISE THE SECURITY AND OPERATING FEATURES OF THE ARRAHOME APPLICATION. USE OF THE ARRAHOME APPLICATION ON ANY SUCH CONFIGURED DEVICE VOIDS THE LIMITED WARRANTY.
12. WARRANTY DISCLAIMER. EXCEPT AS IS EXPRESSLY STATED IN ARRAHOME’S LIMITED WARRANTY FOR THE ARRAHOME APPLICATION IN PARAGRAPH 5 ABOVE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARRAHOME DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE ARRAHOME APPLICATION AND THE OPEN SOURCE SOFTWARE, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ARRAHOME OR A ARRAHOME AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY LIMITATIONS, SO THE LIMITATIONS SET FORTH IN PARAGRAPHS 5 AND 6 MAY NOT APPLY TO YOU. ANY WARRANTY FOR A ARRAHOME CONNECTED APPLIANCE IS SEPARATELY SET FORTH IN ARRAHOME’S LIMITED WARRANTY FOR SAID ARRAHOME CONNECTED APPLIANCE, WHICH WARRANTY SHALL ACCOMPANY THE ARRAHOME CONNECTED APPLIANCE, AND THIS AGREEMENT DOES NOT EXPAND OR CONTRACT IN ANY WAY THE LIMITED WARRANTY ON THE ARRAHOME CONNECTED APPLIANCE.
IN RESPECT OF ANY CONDITIONS, WARRANTIES, OR GUARANTEES THAT CANNOT BE EXCLUDED UNDER STATUTE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE LIABILITY OF ARRAHOME IS LIMITED (AT ARRAHOME’S OPTION) TO THE RESUPPLY OR REFUND OF THE COST OF THE ARRAHOME APPLICATION.
13. GENERAL LIMITATIONS. You are responsible for safe appliance operation. You cannot rely on the ARRAHOME Application as a means of preventing accidents, fire or damage to your appliances or home; the ARRAHOME Application is not designed for that purpose. It is your responsibility to ensure that your appliances are maintained in good working order and that they are used in a safe and responsible manner. ARRAHOME will make its “best effort” to ensure that notifications and communications are conveyed to and from you and to and from your ARRAHOME Connected Appliances, but ARRAHOME does not guarantee the accuracy of results or the reliability or timeliness of communications. You agree that use of the ARRAHOME Application is subject to limitations and restrictions outside of ARRAHOME’s control (such as internet availability, environmental conditions such as buildings and topography, weather and atmospheric conditions, and availability of cell phone service, and satellite access) and ARRAHOME is not responsible for these limitations.
14. COMPLIANCE WITH THE LICENSE. You are responsible for compliance with this license for not only Yourself, but also for anyone else who uses the ARRAHOME Application under this license. You agree to make all other users aware of the terms of this license and you agree that You are solely responsible for the use of the Connected Appliances services in conjunction with the use of this ARRAHOME Application.
15. SOFTWARE UPDATES. ARRAHOME maintains a policy of continuous improvement of its products and reserves the right to change or update the ARRAHOME Application and, to the fullest extent permitted by applicable law, may choose to update ARRAHOME Appliances remotely without notifying You. By accepting this AGREEMENT, You agree to accept these updates and changes by ARRAHOME. Use of the ARRAHOME Application will allow Your ARRAHOME Appliance to communicate with ARRAHOME’s servers for the purposes of applying these updates.
16. LIMITATION OF LIABILITY. NOTHING IN THIS AGREEMENT RESTRICTS, EXCLUDES, OR MODIFIES, OR PURPORTS TO RESTRICT, EXCLUDE, OR MODIFY ANY MANDATORY STATUTORY CONSUMER RIGHTS UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL ARRAHOME BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR LOSSES THAT WERE NOT FORESEEABLE TO YOU OR ARRAHOME AT THE TIME YOU AGREED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE ARRAHOME APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) AND EVEN IF ARRAHOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME YOU AGREED TO THIS AGREEMENT, BOTH YOU AND ARRAHOME KNEW IT MIGHT HAPPEN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. UNLESS SUCH A LIMITATION IS PROHIBITED BY LAW, IN NO EVENT SHALL ARRAHOME’S CUMULATIVE LIABILITY UNDER THIS AGREEMENT TO YOU EXCEED FIFTY UNITED STATES DOLLARS ($50.00). THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
ARRAHOME DOES NOT EXCLUDE OR LIMIT IN ANY WAY ITS LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS MAY INCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ARRAHOME’S NEGLIGENCE OR THE NEGLIGENCE OF ARRAHOME EMPLOYEES, AGENTS, OR SUBCONGRACTORS, FOR GROSS NEGLIGENCE OR WILLFUL BEHAVIOR, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
If you are a resident of Germany, nothing in this AGREEMENT shall limit ARRAHOME’s statutory liability (a) under the German Product Liability Act, (b) for damages (Schaden und vergebliche Aufwendungen) arising from loss of life, bodily injury, or damage to health, (c) for damages caused by ARRAHOME’s gross negligence or willful misconduct, (d) for damages arising from fraudulently concealed defects, and (e) for damages covered by a guarantee of ARRAHOME. Subject to the foregoing sentence, in cases of ARRAHOME’s ordinary negligence, ARRAHOME’s liability for damages (y) shall be limited to damages foreseeable at the time this AGREEMENT comes into force and that typically arise from transactions of this nature, and (z) shall be excluded with regard to damages caused by a breach of immaterial contractual obligations of ARRAHOME. In addition, ARRAHOME shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the ARRAHOME Application not under ARRAHOME’s control, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs not under the control of ARRAHOME used for electronic communications and transmission of viruses.
17. INTERNATIONAL USERS. The Services are controlled and offered by ARRAHOME from its facilities in the United States of America. ARRAHOME makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
18. TERM AND TERMINATION. This AGREEMENT shall continue until terminated as set forth in this Paragraph. You may terminate this AGREEMENT at any time by decommissioning your ARRAHOME Connected Appliance or ConnectPlus Box. Your rights under this AGREEMENT will terminate if You fail to comply with any term(s) of this AGREEMENT. Where reasonable under the circumstances, ARRAHOME will provide You with at least twenty-four (24) hours’ prior notice of termination, provided that if ARRAHOME reasonably believes that You have materially breached this AGREEMENT, ARRAHOME may immediately terminate Your rights under this AGREEMENT. Any termination of this AGREEMENT shall also terminate the licenses granted hereunder. Paragraphs 8, 9, 10, 12, 14, 16, and 17 shall survive termination of this AGREEMENT.
19. EXPORT CONTROLS. You shall not export, or allow the export or re-export of any ARRAHOME Connected Appliances or the ARRAHOME Application in violation of any applicable laws or regulations. By installing or using the ARRAHOME Application, You agree to the foregoing and represent and warrant that You are not located in, under the control of, or a national or resident of any country subject to restriction by the United States government or any other applicable law. A list of countries subject to restriction by the United States government may be reviewed at http://www.bis.doc.gov/index.htm.
20. GOVERNING LAW. This AGREEMENT shall be governed by and construed under Delaware law without regard to the Uniform Computer Information Transactions Act. Choice of law rules and the United Nations Convention on Contracts for the International Sale of Goods will not apply. This AGREEMENT shall also be governed by the law that would be applicable in the absence of the designation of jurisdiction in the preceding sentence. This means that a court may determine that: (a) You may be able to bring an action pursuant to this AGREEMENT against ARRAHOME in a court of competent jurisdiction in your country of residence or in the country identified in the preceding sentence, and (b) ARRAHOME may be able to bring an action against You in a court of competent jurisdiction only in your country of residence.
21. ARBITRATION. If You are a resident of the United States, then any dispute arising out of Your use of the ARRAHOME Application, ARRAHOME Connected Appliances, or the terms and conditions of this AGREEMENT, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, shall be submitted to final and binding arbitration under the International Institute for Conflict Prevention & Resolution (“CPR”) Rules for Non-Administered Arbitration of Business Disputes in effect at the time of Your acceptance of this AGREEMENT by one arbitrator appointed by CPR in accordance with Section 6.1 of the CPR Rules. The arbitration proceeding shall take place in Louisville, Kentucky and shall be governed by the laws of Delaware, in accordance with Paragraph 13. The arbitrator shall not be requested nor shall they have the power to render any decision or award except as provided in the preceding sentence or as may otherwise be specifically provided herein. The prevailing party will be entitled to an award of all fees, costs and expenses of the arbitration and the arbitrator. You agree that any suit, action or proceeding required to enforce any arbitration award rendered pursuant to this Paragraph may be brought in the courts sitting in Louisville, Kentucky, and You irrevocably submit to the jurisdiction of such courts for the purpose of any such suit, action, proceeding or judgment.
22. NO ASSIGNMENT. You may not assign any rights or delegate any duties under this AGREEMENT and any attempt to do so will be void.
23. FORCE MAJEURE. Neither party will be responsible for any failure or delay in its performance under this AGREEMENT due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.
24. WAIVER AND SEVERABILITY. Any express waiver or failure to exercise promptly any right under this AGREEMENT will not create a continuing waiver or any expectation of non-enforcement. If any provision of this AGREEMENT is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
25. ACKNOWLEDGEMENT AND EXCLUSIVITY. You acknowledge that you have read this AGREEMENT, understand it, and agree to be bound by its terms and conditions. You further agree that this AGREEMENT is the complete and exclusive statement of the agreement between you and ARRAHOME regarding the subject matter of this AGREEMENT, and, in the absence of fraud, that this AGREEMENT supersedes all prior or contemporaneous oral or written communications, proposals, representations, and any other communication between you and ARRAHOME relating to the subject matter of this AGREEMENT. No modification to this AGREEMENT will be binding unless in writing and signed by an authorized representative of each party.
INFORMATION. If you have a question regarding the ARRAHOME Application, please contact us at firstname.lastname@example.org, via telephone at (086) 0755-23777545, or via post to Shenzhen Smart City Technology Co., Ltd, Room 308, Building 101, Niulanqian Residential Village, Xinniu Community, Minzhi Avenue, Longhua District, Shenzhen, China.
26. TERMS REQUIRED BY APPLE. In addition to Sections 1 to 22 above, and notwithstanding anything to the contrary in this AGREEMENT, the following provisions in this Section 23 apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this AGREEMENT and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to ARRAHOME. The licence you have been granted in this AGREEMENT is limited to a non-transferable licence to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set out in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this AGREEMENT, 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. Notwithstanding these rights of Apple and Apple’s subsidiaries, ARRAHOME’s right to enter into, rescind or terminate any variation, waiver or settlement under this AGREEMENT is not subject to the consent of any third party.