TERMS OF SERVICE
Terms of Service
Thank you for choosing SECURAM Smart Home.
SECURAM Smart Home Terms of service (“Terms of Service” or “Terms”) is a legal agreement between you (“User” or “Users”) and SECURAM Systems, Inc. and its subsidiaries and affiliates or partners (“SECURAM” or “us” or “we” or “our”), regarding to SECURAM Website (www.securamsys.com) and/or Devices, Software, Applications and Services.
Before using SECURAM Smart Home, SECURAM highly suggests that you read these Terms carefully and achieve complete understanding. Unless you agree to accept the entire contents of these Terms, you will not be authorized to register, login or use any services within these Terms. Your practice of registration, login, usage etc. will be considered as your consent to these Terms as well.
In the meantime, SECURAM may not save these Terms agreed with Users. For such matter, we suggest Users should record these Terms independently.
If you are in either following situations, you are not allowed to use our Services:
A. According to your local law, including but not limited to underage, you cannot sign legal documents with SECURAM;
B. According to your local law, individual or organization which is forbidden to use such Services.
In these Terms:
Services refer to all services provided by SECURAM website, Applications or any other related forms.
Before you are authorized to use our Services, you must agree and accept these Terms and any other related additional terms (if any). Generally, you need to submit by clicking “I Agree” the first time when you visit our Services. By clicking “I Agree,” you indicate your agreement and acceptance on these Terms. If you disagree any contents in these Terms, please stop using our services immediately, and if you have any questions regarding to these Terms, you should contact us via: firstname.lastname@example.org
You should be aware of that whether you have submitted “I Agree” or not, by the time Users started using our Services, Users will be considered as you have agreed and accepted these Terms. By the time you started using our Services, these Terms must be obeyed.
Please notice that these Terms also apply to Guests. If you are using our Services as Guests, before your usage, you should read these Terms carefully and achieve complete understanding and agree and accept these Terms. If you disagree any contents in these Terms, please decline the invitation and/or stop using our Services immediately. In the meantime, Users obligate the responsibility to inform Guests to check these Terms before using.
2. Registration and Passwords
You are responsible for maintaining the confidentiality of the login name and password that you create. You agree to use strong passwords (e.g. that contain upper- and lower-case letters, numbers and symbols), renew your password after certain period and to maintain the confidentiality of your password.
You shall be responsible for all uses of your account and login information, whether or not authorized by you. You must notify us of any unauthorized use of your account, login information or password, and you should immediately change your password to prevent further unauthorized use.
3. The Device, Use of the Services and Updates
Device in this Terms refer to those SECURAM Smart Home devices purchased from us or our partners or other channels granted by us.
SECURAM grants you a non-transferable, non-exclusive right (without the right to sublicense) as set forth in this Terms to access and use the Services by:
A. Using the Services in connection with, and solely for the purpose of, controlling and monitoring the Devices installed on your property, or that you have been validly authorized to access, or to otherwise access a service explicitly provided by SECURAM for your use; and
B. Installing and using the Applications solely on your own handheld mobile device (e.g., smartphone, tablet, watch) and solely for the purposes set forth in A. above.
Unless otherwise states in these Terms, you can solely use our services personally and non-commercially and cannot plagiarize, duplicate, copy, sell or resell Services or any partial Services.
You agree to comply with all instructions, usage rules and documentation that we may provide from time to time with respect to the Service.
In addition, we may, from time to time, update the Services, including without limitation, by providing bug fixes, new functionality or modifications (collectively “Updates”). Please note that these may occur automatically without additional notice. You hereby consent to these Updates. If you do not, please stop using the Services. We may also ask you to install Updates yourself, and you agree to do so promptly. Failure to install these Updates may expose you to security risks and/or limit our ability to provide the Services to you. Updates are subject to these Terms together with any additional terms that may be provided with such Update. Your continued use of the Service is your agreement to all such additional terms.
Certain SECURAM Services may be based on your Internet Provider’s and Mobile Provider’s services or other certain devices and may cause additional charges. SECURAM is not responsible for these charges and/or any disputes caused by or related to these.
4. Content on the Services
Certain materials may be displayed or performed on the Services (including, but not limited to text, data, graphics, images, video, audio and other material (collectively “Content”) and the ownership of such Content belongs to original developer. The Content is protected by copyright laws in United States and elsewhere. The Content may be owned by us or others, including other users of the Services, or our partners, sponsors or affiliates. Use of the Services does not confer ownership rights to the Content. You may only use the Content as permitted in these Terms.
Please note that we may accept any individual or organization to post Content on our Services (Third-party Content). Except as may be expressly agreed by us, SECURAM will not approve and/or disapprove and Third-party Content and do not accept any responsibility or liability caused by or related to any content posted by third parties on the Services, including content posted by other members and you may use the Content solely for your personal, non-commercial use in connection with the Services, and may not distribute, modify or make derivative works of any Content.
You are solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, or that you contribute in any manner to the Services. You should guarantee that you have every right and ability to do so. Except as may be expressly agreed by you, you hereby grant a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, transferable license to SECURAM of all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for use and publication on the Service pursuant to this Terms. Please note that you have right to grant SECURAM such right. SECURAM does not accept any responsibility or liability caused by or related to such dispute.
Please note that certain Contents may contain aggressive, offensive, obscene or other inappropriate material. Solely decided by SECURAM, we reserve all rights to, including without limitation, remove any Content or restrict or terminate User Account with probable reason or no reason at all.
Guest in these Terms refers to individual or organization, granted by device owner or actual controller, who achieved the capability to use the device and/or Services. Please note to only invite trustworthy Guests. Once you grant access to someone as a Guest, it means you agree to share your right of access to your device and Services with this Guest.
If you are using our Services as a Guest, before using, please read these Terms carefully, achieve complete understanding and accept and agree with all contents. If you disagree with any of the content, please refuse the invitation and/or stop using our Services. Users should obligate the responsibility to inform Guests to check these Terms before using.
6. Third-party Website, Device and Service
Our Services may contain other products and/or services and links of third-party websites, products and/or services and contents and/or data from above. Any links, services, data and interfaces from third-party are provided solely as a convenience to you.
By accessing or using these third-party services, you are consenting to the creation of an interface with such third-party services, and agreeing that we may exchange information and control data with such third-party services regarding you, your Guests, your devices and use of the Services, including your and your Guests’ personal information, in order to enable the third-party service interface and functionality, and its use by such Other Services.
We do not exercise control over such third-party services. We do not approve and/or disapprove any third-party contents. We do not endorse the materials contained on third-party services, and are not responsible for the performance of the third-party services. SECURAM is not responsible for the safety issue regarding to any third-party services and ensures any part of such. We are not responsible for any loss, harm or other dispute, including without limitation your property, caused by or related to third-party services.
7. Use of the Website and Services
SECURAM Website and Services are provided by us for your personal use only. You agree to use the Website and the Services only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website or Services.
You agree not to do any of the following (including explicit and/or imply):
A. Post, upload, publish, submit or transmit any Content via our Services that:
a. infringes, misappropriates or violates a third party’s intellectual property rights, or rights of publicity or privacy;
b. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
c. is fraudulent, false, misleading or deceptive;
d. is defamatory, obscene, pornographic, immoral, vulgar or offensive;
e. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
f. is violent or threatening or promotes violence or actions that are threatening to any person or entity;
g. promotes illegal or harmful activities or substances;
h. is illegal (US Law or your actual judicial district).
B. Use, display, mirror or frame the Services, or any individual element within the Services, SECURAM’s name, any SECURAM trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without SECURAM’s express written consent;
C. Use the Services in any manner which, in our sole judgment, degrades the user experience, reliability, speed, or operation of the Services, or any underlying hardware or software thereof;
D. Other usage of the Services in any manner which, in our sole judgment, degrades the User experience, reliability, speed, or operation of the Services.
Affected by sole judgment, SECURAM reserves the right to notify a User to upgrade their user experience, reliability, speed but we do not have the obligation to do so.
E. Access, tamper with, or use non-public areas of the Service, SECURAM’s computer systems, or the technical delivery systems of SECURAM’s providers, so attempt to do so.
F. Attempt to probe, scan, or test the vulnerability of any Device, Service, software, system or network or breach any security or authentication measures, or to reverse engineer, decompile or otherwise attempt to gain the source code for any SECURAM Service, Licensed Software or Device
G. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SECURAM or any of SECURAM’s providers or any other third-party (including another User) to protect the Service, Licensed Software or any Device or attempt to do so.
H. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
I. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the service.
J. Collect or store any personally identifiable information from the Service from other users of the service without their express permission.
K. Use the Service to impersonate any person or send altered, deceptive or false source-identifying information, or misrepresent your affiliation with any person or entity.
L. Violate any applicable law or regulation. Or
M. Imply, encourage or enable any other individual to do any of the foregoing.
We strongly recommend that you do not use the Service on a mobile device that has a “jail broken” or “rooted” operating system, as this can potentially allow other applications to circumvent security features on your mobile device. Any use of such mobile devices is at your own risk. You agree that SECURAM will not be liable for any loss of functionality and will indemnify us for all damage or liability caused by such use.
Please note that SECURAM has no right to restrict your behavior and may not able to discover any violation of these Terms immediately. As set forth by these Terms and to the extent permissible by law, SECURAM reserves all necessary rights to settle disputes caused by or related to violation of these Terms. Although we’re not obligated to monitor access to or use of the Service or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements.
We reserve the right, but are not obligated, to remove or disable access the Service or any Content therein, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms.
We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
8. System Requirements
To use SECURAM Smart Home Devices, certain requirements are requested:
A. A working Wi-Fi network in your home that is positioned to communicate reliably with the Devices (certain Services may work without Wi-Fi);
B. A valid User Account;
C. mobile clients such as a supported phone, tablet or watch (required for some functionality);
D. Phone, tablet or watch may need Wi-Fi connection or Cellular Data;
E. Always-on broadband Internet access in your home; and
F. Other system elements that may be specified by SECURAM.
It is your responsibility to ensure that you have all required system elements and that they are compatible, up to date, and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.
9. Open Source
The Services may contain or be distributed with open source software which may be covered by a different license. You agree that all open source software shall be and shall remain subject to the terms and conditions under which it is provided, and you shall be responsible for compliance with such terms.
We appreciate it when users send us feedback. Yet, in order to react to your feedback effectively and timely, and/or help us improve, we ask you to grant us unlimited, transferable right to use your feedback, suggestion and/or opinion. During such process, we will protect every piece of your feedback, suggestion and/or opinion.
11. Effect, Termination and Service Changes
You have to agree and accept this to register SECURAM Smart Home User Account. These Terms will be effective once you click “I Agree” when you register User Account or at other occasions even in unsuccessful registration. In addition, once you access or use SECURAM Website or Services, this will be considered that you have agreed or accepted these Terms. Your registration and practice are separate from each other, and the actual effective date will on which happened earlier, and will remain effective regardless of whether you continually login to the SECURAM Smart Home User Account, access or visit SECURAM Website, Services until receiving SECURAM’s written confirmation after you sent us written notice that you would like to terminate these Terms with SECURAM or we terminate these Terms with you for certain reason or no reason at all.
We will accept your termination request at any time. You should send your termination request to email@example.com . We will reply to your email as soon as possible upon receipt. In the meantime, SECURAM reserves the right to suspend or terminate these Terms under certain situations without additional notice, including without limitation of, any violation. Once terminated, your User Account will be cancelled and your usage of our Services will be eliminated automatically.
SECURAM reserves the right to add, change or remove partial Services or Services itself without additional notice. If you transfer your Device to a new owner, please note that your Account is not transferable, and the new owner will have to register for a separate Account in order to use the Services.
12. Use Outside of Designated Countries/Regions
Although our website is accessible worldwide, the Devices and Services are not available to all persons or in all countries/regions. To the maximum extent permitted by law, we have no right to coerce your actual using location, yet SECURAM is not responsible to any loss, harm or dispute caused by or related to usage outboard our authorized countries/regions. Wherever you are, you are subjected by these rules.
SECURAM dedicates ourselves to provide highly reliable and available Services to all Users, yet limited by some factors, sporadic interruptions and failures for a variety of reasons beyond SECURAM’s control, including without limitation, your Wi-Fi and mobile network failures and coverage limitations, service provider uptime, and acts of God, we cannot ensure you to enjoy our Services all of the time. In addition, our Services rely on or interoperate with a number of third-party products and services. These third-party products and services are beyond SECURAM’s control (including without the internet generally and third-party service providers that we use for networking and storage), but their operation may impact or be impacted by the use and reliability of our Services. These third-party products and services may not operate in a reliable manner all of the time, and they may impact the way that the Services operate, and SECURAM is not responsible for damages and losses due to the operation of these third party products and services. You acknowledge these limitations and agree that SECURAM is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications.
We cannot ensure there will be absolutely no mistakes of SECURAM Smart Home Products. You should acknowledge this and SECURAM is not responsible for any dispute, loss and/or damage caused by or related to such issue.
Further, the Devices and Services are not an emergency notification system, and should not be used in this way. In the event of an emergency, PLEASE CONTACT RELATED DEPARTMENT(S) IMMEDIATELY. You can notify us afterwards, yet SECURAM is not responsible for dispatching any emergency authorities to your home.
To the fullest extent allowed by law, SECURAM is not responsible for damage, loss or liability caused by or related to:
A. use of the Device and Services for purposes other than for which the Device and Services are designed or intended, or use in improper temperature, humidity or other environmental conditions, or use of the Device or Services in violation of written instructions provided by SECURAM (which may be provided at the time of purchase or on its website at ); or
B. normal wear and tear or aging, or improper repair, operation or maintenance or connections to improper voltage supply or, to the extent allowed by law, attempted repair by anyone other than a facility authorized by SECURAM to service your SECURAM Device.
Further, SECURAM Touch is NOT a door lock which is certified or standard and must be correctly installed and used with a certified and reliable door lock that is operating and in good condition. You assume all risk associated with the suitability, installation and performance of the door lock and other third-party components, hardware, software and services.
B. The services are provided for your convenience, “as is” and “as available” and SECURAM and its affiliates, licensors and suppliers expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchant-ability, fitness for a particular purpose, accuracy, and non-infringement. SECURAM and our licensors and suppliers make no warranty that defects will be corrected or that the services:
a. will meet your requirements;
b. will be compatible with your home network, computer or mobile device;
c. will be available on an uninterrupted, timely, secure, or error-free basis;
d. will be accurate or reliable.
No advice or information, whether oral or written, obtained by you from SECURAM or though the services shall create any warranty.
C. SECURAM makes no representations concerning any content contained in or accessed through the services, and SECURAM will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the services. SECURAM makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the services.
D. When you invite Guests or service providers to use your device or service, you assume all responsibility for their use, and any damages that they may cause to you, SECURAM, or any third-party. Choose your invited Guests and service providers carefully.
E. SECURAM does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through or in connection with the devices or services (including, but not limited to, “other services” or third party products and services connected through our Services) or any hyper-linked website or service, and SECURAM will not be a party to any transaction between you and third-party providers of such products or services.
15. Limitation of Liability
To the fullest extent permitted by law, in no event will SECURAM, its affiliates, officers, employees, agents, suppliers or licensors, be liable for and any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) caused by or related to:
A. damages arising from or related to the Devices or Services, regardless of legal theory, whether or not we have been warned, knew or should have known, of the possibility of such damages, and even if a remedy fails of its essential purpose;
B. aggregate liability for all claims arising out of or relating to the devices or services more than the greater of $100, or the amounts paid by you to us for the past twelve months of the services in question.
This limitation is cumulative and will not be increased by the existence of more than one incident or claim. Under no circumstances will SECURAM be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred in connection with use of or exposure to any content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
Some states do not allow the types of limitations in this paragraph, so they may not apply to you. Nothing in this Terms and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold SECURAM, its officers, directors, employees, affiliates, agents, licensors, and suppliers, harmless from and against any damages, claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from:
A. your or your guests’ use of the Devices, Licensed Software, Website or Services, including without limitation your negligence, willful misconduct;
B. your or your guests’ violation of law or third party right; or
C. your or your guests’ violation of this Terms.
In addition, SECURAM reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without SECURAM’s prior written consent.
During the settlement of any dispute, you or your consignor should be cooperative with SECURAM. Meanwhile, you agree that without SECURAM’s prior written consent, you shall not operate any process caused by or related to conciliation, arbitration or charge.
Our employees are not authorized to modify these Terms. These Terms may be modified only:
A. by obtaining our written consent in an agreement signed by an officer of SECURAM; or
B. You agree that SECURAM may modify these Terms from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of these Terms.
We will notify you when we make material revisions or modifications to these Terms by:
A. posting a notice or new version of these Terms on the Website; or
B. providing direct notice in a communication to your customer account (if you have one), or otherwise in some manner through the Service that we deem reasonably likely to reach you (which may be by posting to social media channels).
The modifications will be effective upon posting (unless otherwise indicated at the time of posting). By continuing to access the Website or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services immediately.
SECURAM (or its affiliates or licensors) are the owners of all rights, titles and interest in and to the Site, Service, Licensed Software and Device. We reserve all rights not expressly granted in these Terms. All Services, Applications and Licensed Software are licensed and not sold.
18. Copyright Policy
We do not endorse any user content, feedback or any opinion, recommendation, or advice expressed on the Website or via the Services. We expressly disclaim any and all liability in connection with user Content. We will remove user Content if properly notified that such Content infringes another’s intellectual property rights in accordance with the DMCA provisions.
We will terminate a user’s access to the Services if, under appropriate circumstances, the user is determined to be a repeat infringer. We reserve the right to remove user Content and/or terminate the account of user(s), at its sole discretion and without prior notice. Notifications of claimed copyright infringement should be sent to SECURAM set forth below.
If you are a copyright owner or an agent thereof and believe that any Content on our Website or through our Services infringes upon your copyrights, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information (see 17 U.S.C. 512(c)(3) for further details):
A. a signature (physical or electronic) of the owner or a person who has been authorized by the owner of the allegedly infringed right to act on their behalf;
B. identification of the copyrighted work or other intellectual property that has allegedly been infringed;
C. identify the material on our Website or our Services that alleged to be infringing, with enough detail so that we are able to locate it on our Site or Services. Providing a URL or URLs is the most effective method of identifying such material;
D. a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
E. information reasonably sufficient to permit SECURAM to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; and
F. a statement that the information provided in the notice is accurate, and under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.
You shall grant us the right to transfer any document or Email (both original or hard copy) to a third party (internal or external) and the right to reach you through your contact information.
SECURAM will receive statement via:
Email Address: firstname.lastname@example.org
SECURAM Systems, Inc
3325 Grande Vista Drive
Newbury Park, CA 91320
After receiving your statement, SECURAM has the right to send hard copy of your documents (except your contact information) to suspected infringer (if can be reached), and will remove related content within 5 working days after verification.
If you believe that your Content that has been removed from our Website or our Services is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content in the manner so post or used, you may send a counter-notice containing the following information to us using the contact information set forth above:
A. your physical or electronic signature;
B. a description of the Content that has been removed and the location at which the content appeared before it was removed;
C. a statement that you have a good faith belief that the Content was removed as a result of mistake or a misidentification of the Content;
D. your name, address, telephone number, and email address;
E. a statement that you consent to the jurisdiction of the federal court in San Francisco, California; and
F. a statement that you will accept service of process from the person who provided notification of the alleged infringement.
You shall grant us the right to transfer any document or Email (both origin or hard copy) to a third party (internal or external) and the right to reach you through your contact information.
19. Other Legal Regulation
Terms. This Terms constitute the entire agreement between you and SECURAM regarding the use of the Services. Any failure by SECURAM to exercise or enforce any right or provision of this Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party. The headings and section titles in these Terms are for convenience only and have no legal or contractual effect.
Force Majeure. Including the payment of fees due under these Terms, neither party shall be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, natural disasters, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
Notifications. SECURAM may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your account, hard copy, or posting of such notice on the Site or Service. SECURAM is not responsible for any automatic filtering you or your network provider may apply to email notifications.
If you are a California resident, then in accordance with Cal. Civ. Code §1789.3, You may report any complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 1-800-952-5210.
Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without SECURAM’s prior written consent, and shall be null and void. These Terms may be assigned by SECURAM without restriction. These Terms are binding upon any permitted assignee.
20. Contact Us
If you have any questions, suggestions or want to request more information, please contact us through following details:
SECURAM Systems, Inc
3325 Grande Vista Drive
Newbury Park, CA 91320
You shall download or install the Application through suggested App Store or Platform (Apple iOS or Google Play) (Application Provider). Application downloaded or installed from above will be considered as valid. SECURAM is not responsible for any loss, damage or dispute caused by or related to Application downloaded or installed from otherwise than Apple iOS or Google Play, regardless of functionality or not. You should agree and accept:
A. These Terms are a legal agreement between you and SECURAM, not the Application Provider. In this case, SECURAM is solely responsible for the Application and does not take any responsibility on behalf of Application Provider;
B. Application Provider has no right, responsibility or obligation to maintain or support SECURAM Application;
C. In the event of any failure of the Application to conform to any applicable warranty, you may notify the Application Provider, and the Application Provider may refund the purchase price for the Application to you (if applicable) and, to the maximum extent permitted by applicable law, the Application Provider will have no other warranty obligation whatsoever with respect to the Application. As between the Application Provider and SECURAM, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Application to conform to any warranty will be the sole responsibility of SECURAM.
D. The Application Provider is not responsible for addressing any claims that you or any third party may have relating to the Application or your possession or use of the Application, including, but not limited to:
a. Product liability claims;
b. any claim that the Application fails to conform to any applicable legal or regulatory requirement; and
c. claims arising under consumer protection or similar legislation;
E. In the event of any third-party claim that the Application or your possession or use of that Application infringes that third party’s intellectual property rights, as between Application Provider and SECURAM, SECURAM will be solely responsible for the investigation, defense, settlement and discharge of any such claim to the extent required by these Terms;
F. The Application Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the Application and that, upon your acceptance of these Terms, the Application Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Application against you as a third-party beneficiary thereof;
G. To the extent the terms and conditions for the Application provided by the Application Provider are less restrictive than, or otherwise conflict with, the terms and conditions of this Terms, the more restrictive or conflicting terms and conditions in this Terms apply.
H. You must also comply with all applicable third-party terms of service when using the Application.