Supplemental Terms for Emergency Button Service
Supplemental Terms for Emergency Button Service
Effective: May 01, 2020
- Home Monitoring Service
- Home Monitoring Service Subscription
- Wyze Is Not an Insurer
- Limitation of Liability
- Customer Support
The following Supplemental Terms for Emergency Button Service (“Emergency Button Terms”) apply to your use of the Emergency Button service (the “Emergency Button Services”) while it is being provided as a “beta” version (the “Beta Period”). These Emergency Button Terms are in addition to, and not in lieu of, your rights and obligations under the Wyze Terms of Service (the “Standard Terms”), and the Standard Terms are incorporated by reference herein. Capitalized terms used but not defined herein have the meanings given to them in the Standard Terms. If there is a conflict between these Emergency Button Terms and the Standard Terms, these Emergency Button Terms will control for that conflict.
2. HOME MONITORING SERVICE
A. The Emergency Button Service
While you have an active Emergency Button Service subscription during the Beta Period, you may use the emergency button in the Wyze App to transmit an alarm notice to the Monitoring Service Provider. Subject to these Emergency Button Terms, when your alarm notice is received by Wyze and/or the Monitoring Service Provider, you agree we will provide the Monitoring Service Provider your phone number and then a Monitoring Service Provider agent will contact you via telephone or SMS. Unless you enter the PIN number you set when signing up for the Emergency Button Service to deactivate the alarm notice, the Monitoring Service Provider will contact your local public safety answering point and request emergency responders be dispatched to your Monitored Property (as defined below).
The Monitoring Service Provider is an independent contractor of Wyze; there is no partnership, joint venture, employment, franchise, or agency relationship between the Monitoring Service Provider and Wyze.
B. Monitored Devices
Only those Products that are expressly certified and approved by Wyze to be compatible with the Emergency Button Service (“Emergency Button Products”) may be used and enrolled in the Emergency Button Services. It is your responsibility to install and operate your Emergency Button Products in accordance with the instructions provided with the Emergency Button Products and on the Site (including the Standard Terms and any Supplemental Terms relating to such Products).
C. Monitored Property
Emergency Button may only be used in connection with Emergency Button Products installed in single-family residences within the United States which you own or legally occupy (each, a “Monitored Property”). You must provide the correct address of the Monitored Property where each Emergency Button Product connected to the Emergency Button Service is located. If the Monitored Property address you provide is not correct or current, the Monitoring Service Provider may be unable to request emergency responders be dispatched to the location where your Emergency Button Product is actually located and/or emergency responders may be dispatched to an incorrect location.
Wyze or the Monitoring Service Provider may require that you provide verification of the Monitored Property address to reduce the risk of fraud and help ensure that emergency responders, if dispatched by the Monitoring Service Provider, are dispatched to the correct address. If you are required to provide such verification, the Emergency Button Service will not be available for the Monitored Property and the Monitoring Service Provider will not respond to alarm notices you may transmit by your use of the alarm button in the Wyze App until the verification process is complete. If you have an actual emergency before your Monitored Property has been verified, or at any time you are unable to promptly confirm that the Emergency Button Service has facilitated contact with the proper authorities, you should immediately contact the police, fire department, 911 or appropriate emergency response service.
WITHOUT LIMITING OTHER RELEASES IN THESE EMERGENCY BUTTON TERMS OR THE STANDARD TERMS, YOU HEREBY RELEASE WYZE FROM ANY DAMAGES, LOSSES OR EXPENSES ARISING FROM, RELATED TO, OR CAUSED BY, THE UNAVAILABILITY OF EMERGENCY BUTTON SERVICES PRIOR TO, OR WHILE, YOUR MONITORED PROPERTY IS BEING VERIFIED.
D. Text Message and Telephone Call Authorization
When you register for an Emergency Button Service subscription, you will be asked to provide a phone number for a device that can receive phone calls and text messages. You are required to immediately inform us if the telephone number that you have previously provided to us changes.
The Monitoring Service Provider may contact the number you provided in connection with your use of Emergency Button. You consent to receiving phone calls and text messages from the Monitoring Service Provider to the phone number that you provide by any means, including through an automated telephone dialing or texting system. Standard text messaging charges and data rates applied by your cell phone carrier will apply to text messages or data sent and/or received in connection with the Emergency Button Service. The ability to receive texts is an integral part of the Emergency Button Service; therefore, to no longer receive text messages, you must cancel your subscription for the Emergency Button Service.
E. Initial Test Status
Wyze or the Monitoring Service Provider may, if not prohibited by applicable municipal, local or state/provincial law, code or ordinance, place any newly enrolled Emergency Button Service subscriptions in a test status for up to seven (7) days or any longer period of time required by applicable municipal, local or state/provincial law, code or ordinance (“Initial Test Status”) in order to allow you to become familiar with the use and operation of the Emergency Button Service. While your Emergency Button Service subscription is in Initial Test Status, the Monitoring Service Provider will have no obligation to, and may not, respond to any alarm signals received from that Emergency Button Service subscriber. If you have an actual emergency while your Emergency Button Services are in Initial Test Status, you should immediately contact the police, fire department, 911 or appropriate emergency response service.
WITHOUT LIMITING OTHER RELEASES IN THESE EMERGENCY BUTTON TERMS OR THE STANDARD TERMS, YOU HEREBY RELEASE WYZE FROM ANY DAMAGES, LOSSES OR EXPENSES ARISING FROM, RELATED TO, OR CAUSED BY, THE UNAVAILABILITY OF EMERGENCY BUTTON DURING THE INITIAL TEST STATUS.
F. Service Interruptions
While we aim for the Emergency Button Service to be highly reliable and available, it is not intended to be reliable or available 100% of the time. the Emergency Button Service is subject to sporadic interruptions and failures for a variety of reasons, including those beyond Wyze’s control, such as service provider and mobile operator uptime. Additionally, in the event of any service interruptions to your Monitored Property’s Wi-Fi network or internet connection, or to your mobile, telephone and other network connections with respect to the Wyze App, the Emergency Button Service may be unreliable or unavailable for the duration of such interruption. Wyze does not monitor for interruption in the connection of your Emergency Button Products or other services upon which the Emergency Button Service may depend to function properly and will not alert you should your Emergency Button Products go offline. You are solely responsible for ensuring proper connections for transmission of data with respect to the Emergency Button Products.
WITHOUT LIMITING OTHER RELEASES IN THESE EMERGENCY BUTTON TERMS OR THE STANDARD TERMS, YOU HEREBY RELEASE WYZE FROM ANY DAMAGES, LOSSES OR EXPENSES ARISING FROM, RELATED TO, OR CAUSED BY, ANY INTERRUPTIONS IN THE EMERGENCY BUTTON SERVICE.
G. Permit and Registration Requirements
Your use of the Emergency Button Service may be subject to permit, registration, license or other regulations imposed by government or municipal authorities with jurisdiction over your Monitored Property or your use of the Emergency Button Service. If you, as an Emergency Button Service subscriber, are required to comply with such regulations, then you are solely responsible for compliance, including to obtain, maintain and renew any required permits, registrations or licenses. This responsibility includes paying any applicable fees and renewal fees.
If you do not comply with these regulations, emergency responders may not respond to requests from the Monitoring Service for emergency dispatch, and/or your government or municipal authorities may impose fines, penalties or other fees. Therefore, the Monitoring Service may not respond to alarm notices you may transmit by your use of the alarm button in the Wyze App or dispatch emergency response personnel until you have provided the Monitoring Service with evidence of all necessary permits, registrations, and licenses. You are responsible for any fees that may be assessed by the applicable government or municipal authorities against you or Wyze arising from your failure to comply with any such requirements. You hereby agree to, and will, indemnify Wyze for any such fees and, to the fullest extent permitted by applicable law, you expressly authorize Wyze to, in its sole discretion, satisfy your indemnification obligation by billing or charging any payment method associated with your Wyze account the full amount of the fee.
WITHOUT LIMITING OTHER RELEASES IN THESE EMERGENCY BUTTON TERMS OR THE STANDARD TERMS, YOU HEREBY RELEASE WYZE FROM ANY DAMAGES, LOSSES OR EXPENSES RESULTING FROM OR AS A CONSEQUENCE OF YOUR FAILURE TO OBTAIN, MAINTAIN AND RENEW ANY REQUIRED PERMITS, REGISTRATIONS OR LICENSES FOR YOUR USE OF THE EMERGENCY BUTTON SERVICES.
H. False Alarms
Government or municipal authorities with jurisdiction over the Monitored Property may assess fines, penalties or other fees for false alarms, excessive alarms, or failing to comply with regulations or standards intended to reduce false alarms. You are responsible for any such fees that are assessed against you or Wyze. You hereby agree to, and will, indemnify Wyze for any such fees and, to the fullest extent permitted by applicable law, you expressly authorize Wyze to, in its sole discretion, satisfy your indemnification obligation by billing or charging any payment method associated with your Wyze account the full amount of the fee.
WITHOUT LIMITING OTHER RELEASES IN THESE EMERGENCY BUTTON TERMS, YOU HEREBY RELEASE WYZE FROM ANY DAMAGES, LOSSES OR EXPENSES RESULTING FROM OR AS A CONSEQUENCE OF FALSE ALARMS.
I. Emergency Response
Wyze cannot guarantee that emergency responders will be dispatched to your Monitored Property in the event of an emergency. There may be a delay in or failure to dispatch emergency responders due to availability, local regulations not permitting dispatch of emergency responders to alarm signals which have not been verified by a person physically at the property, or other reasons beyond Wyze’s control. Our obligation to provide Emergency Button is satisfied by allowing the Monitoring Service to receive alarm notices you may transmit by your use of the alarm button in the Wyze App. Anytime you are unable to promptly confirm that Emergency Button has facilitated contact with the proper authorities, you should immediately contact the police, fire department, 911 or appropriate emergency response service.
3. HOME MONITORING SERVICE SUBSCRIPTION
A. Subscription Terms
Enrolment in the Emergency Button Service requires you maintain a subscription for Emergency Button. Subscriptions are available for free during the Beta Period. At the end of the Beta Period, your subscription will automatically terminate.
You may cancel your Emergency Button Service subscription by contacting us at 1 (844) 999-3226 or through your Wyze Account, at any time and for any reason. The cancellation will become effective as of the end of your then current Subscription Period, at which time your subscription and access to Emergency Button will end, and the Monitoring Service Provider will no longer receive alarm notices from you.
4. WYZE IS NOT AN INSURER
Wyze is not an insurer of you, your Monitored Property, other persons living in or present at your Monitored Property, or the contents of your Monitored Property.
YOU SHOULD PROTECT AGAINST ANY RISK OF LOSS WITH APPROPRIATE INSURANCE COVERAGE, AND YOU ARE RESPONSIBLE FOR OBTAINING ALL INSURANCE COVERAGE YOU BELIEVE IS NECESSARY. THE FEE IS BASED ON THE VALUE OF THE SERVICES WE PROVIDE AND OUR LIMITED LIABILITY UNDER THIS AGREEMENT AND NOT ON THE VALUE OF YOUR MONITORED PROPERTY, ITS CONTENTS OR THE LIKELIHOOD OR POTENTIAL EXTENT OR SEVERITY OF INJURY (INCLUDING DEATH) TO YOU OR OTHERS. THE LIMITATION OF LIABILITY, WAIVERS AND INDEMNITIES SET FORTH IN THIS AGREEMENT ARE A FAIR ALLOCATION OF RISKS AND LIABILITIES BETWEEN YOU, US AND ANY AFFECTED THIRD PARTIES.
YOU ACKNOWLEDGE THE EMERGENCY BUTTON SERVICES ARE A BETA TEST VERSION, THE EMERGENCY BUTTON SERVICES ARE NOT READY FOR GENERAL COMMERCIAL RELEASE, AND THE EMERGENCY BUTTON SERVICES MAY CONTAIN BUGS, ERRORS AND DEFECTS. ACCORDINGLY, THE EMERGENCY BUTTON SERVICES ARE PROVIDED "AS IS," WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. WYZE DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE EMERGENCY BUTTON SERVICES AND THEIR PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WYZE HAS NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE THE EMERGENCY BUTTON SERVICES OR FOR ANY LOSS OF DATA.
WITHOUT LIMITING OTHER RELEASES IN THESE EMERGENCY BUTTON TERMS OR THE STANDARD TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU (I) RELEASE WYZE FROM ALL LIABILITY FOR ANY LOSS, OCCURRENCE, EVENT OR CONDITION, WHETHER OR NOT COVERED BY YOUR INSURANCE, (II) RELEASE WYZE FROM ANY CLAIMS OF ANY PARTIES SUING THROUGH YOUR AUTHORITY OR IN YOUR NAME, SUCH AS YOUR INSURANCE CARRIERS, AND (III) WAIVE AND RELEASE ANY SUBROGATION AND OTHER RIGHTS YOU OR YOUR INSURANCE COMPANY MAY HAVE AGAINST WYZE FOR MONEY PAID TO YOU OR ON YOUR BEHALF. YOU WILL NOTIFY YOUR INSURANCE CARRIER(S) OF THESE RELEASES.
7. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WYZE AND THE OTHER WYZE PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF WYZE OR THE OTHER WYZE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF WYZE AND THE OTHER WYZE PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE EMERGENCY BUTTON TERMS OR OUR PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, THE EMERGENCY BUTTON SERVICES), REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO PURCHASE OUR PRODUCTS OR USE OUR SERVICES, AS APPLICABLE.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF THE WYZE PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
8. Customer Support
If you have any questions or concerns regarding the Emergency Button Services or these Emergency Button Terms, please visit https://support.wyzecam.com. Customer Support is subject to availability of applicable Wyze personnel and is limited to responding to inquiries sent through standard email and other established Wyze communication channels.
Wyze does not provide any commitments or guarantees as to response times or as to whether problems or concerns can be resolved or addressed. Any customer service and support offered and provided by Wyze is not an emergency or 911 service or a dispatch center, an emergency service provider or dispatch service, or a lifesaving solution for people at risk in their home or otherwise. PLEASE DO NOT CONTACT CUSTOMER SERVICE OR SUPPORT OFFERED BY WYZE WITH ANY LIFE/SAFETY OR SECURITY EMERGENCY, MEDICAL EMERGENCY, OR ANY OTHER EMERGENCY. IF YOU HAVE ANY SUCH EMERGENCY, YOU SHOULD IMMEDIATELY CONTACT THE POLICE, FIRE DEPARTMENT, 911 OR APPROPRIATE EMERGENCY RESPONSE SERVICE.