Terms of Service

Welcome to the HomeSirens, Inc. (“HomeSirens”) Terms of Service and End-User License Agreement (the “Terms”). Please read these Terms and our Privacy Policy (https://homesirens.com/policies/privacy-policy) carefully because they govern your use of our website located at www.homesirens.com (the “Site”) and the services we offer through our products (“Products”) and our software subscription service (“Subscription”). To make these Terms easier to read, the Site, our services, our Products and the Subscription are collectively called the “Services.”

 

Section 1. General.

1.1 Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity and each of its affiliates to these Terms. In that case, “you” and “your” will refer to that company or other legal entity and its affiliates.

1.2 Privacy Policy. Please refer to our Privacy Policy (https://homesirens.com/policies/privacy-policy) for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

1.3 Changes to Terms or Services.  We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

1.4 Who May Use the Services.

1. Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with HomeSirens and are not barred from using the Services under applicable law.
2. Registration and Your Information. If you want to use certain features of the Services you’ll have to register an account (“Account”).. It is your responsibility to provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

 

Section 2. Term & Payment.

2.1.      Term. Unless otherwise agreed to by the parties in writing, the initial term of a HomeSirens subscription basic service shall be one (1) year, and the subscription will automatically renew at the end of each term for successive one-year terms until you cancel your subscription by logging into your HomeSirens account and managing your subscription at least thirty (30) days before the renewal date. Renewal fees will automatically be charged to the credit card or other billing source authorized by you on the first day of each successive term until you provide proper notice of cancellation.

2.2.      Suspension. HomeSirens may suspend or restrict your access to the Services prior to the end of a term, if, in HomeSiren’s sole discretion, your use of the Services violates applicable law, infringes upon another person’s rights, violates this Agreement, or becomes legally impractical or unfeasible.

2.3.      Early Termination. HomeSirens may terminate your subscription upon written notice prior to the end of a term, and HomeSiren’s sole obligation in such a case will be to issue a pro-rata refund of any prepaid fees.

2.4.      Fees. You agree to pay the fees due in connection with your use of the Services. The fees are subject to change, but no changes to the fees shall be effective during an existing subscription term or without prior written notice of such change.

2.5.      Taxes. All fees set forth on HomeSirens materials are exclusive of taxes and other charges imposed by government authorities. You are solely responsible for all sales, service, value-added, use, excise or other tax payable by you under applicable law, and HomeSirens reserves the right to collect such taxes and remit them on your behalf. In no event shall you be responsible for taxes on Home Siren’s income, revenue, personnel, assets or other tax owed by HomeSirens.

2.6.      Credit Cards.  HomeSirens uses Shopify to host our online store and uses a third-party credit card processor.  You agree that such third-party payment processor may credit/debit card payments prior to completing your subscription purchase, obtain and continue using updated credit card account information electronically from the card issuer, and retry failed payments to complete transactions.

2.7.      Upon Termination. Upon termination, the Software will be deactivated and may be removed from certain devices, and you will not be entitled to receive any additional Services.  You agree that if you fail to pay fees due, HomeSirens has no further obligation to provide the Services. Once the Subscription is deactivated, your devices will cease to be protected by HomeSirens and may be exposed to cybersecurity risks (e.g. ransomware, malware, loss, corruption, etc.).  It is your responsibility to install and maintain appropriate cybersecurity controls following the termination of this Agreement. Under no circumstances will HomeSirens be responsible for uninstalling the Software or to install or reinstall any other third-party protection software, whether in person or remotely.

 

Section 3. Intellectual Property and User Content

3.1 User Comments, Feedback and Other Submissions. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

3.2 Content and Content Rights.  For purposes of these Terms “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.

3.3 Threat Intelligence Content Collection. HomeSirens exclusively owns all internet threat content collected by HomeSirens A.I. and any embedded security application regardless of its deployment architecture.

3.4 Content Ownership, Responsibility and Removal. HomeSirens and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

3.5. Access Rights to Content Granted by HomeSirens. Subject to your compliance with these Terms, HomeSirens grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

3.6 Rights in Software and License Grant. Subject to your compliance with these Terms, with respect to any software installed or embedded in any HomeSirens products (“Software”), HomeSirens grants you a limited non-exclusive, non-transferable, non-sublicensable license to use the Software on the HomeSirens product solely for your own personal non-commercial purposes. You may not: (i) copy, modify, translate or create derivative works based on the Software; (ii) distribute, transfer, publish, disclose, sublicense, lease, lend, sell or rent the Software to any third party; (iii) reverse engineer, decompile, reverse decompile or disassemble the Software, or otherwise attempt to derive the source code; (iv) make the functionality of the Software available to third parties or multiple users through any means, or (v) benchmark or conduct any performance or comparison tests on the Software. HomeSirens reserves all rights in and to the Software not expressly granted to you under these Terms.

 

3.7 Rights in Subscription Service. Subject to your payment for the applicable term of the subscription (e.g. 12 months), HomeSirens will provide you with its cloud connectivity that fights internet of things hacking and protects from identity theft, financial fraud, device destruction and other home security problems by automatically blocking hacks, based on machine learning, behavioral intelligence and cloud data (the “Subscription Service”) for your own personal non-commercial purposes. The term of the Subscription Service will continue on the date of purchase of the applicable HomeSirens product (or the date you purchase a renewed subscription) and continue for the applicable term purchased. HomeSirens will have the right to terminate the Subscription Service prior to expiration of the applicable term by providing you notice, provided that if you purchased a term by paying in advance (e.g. a $0 Subscription or 12-month Subscription), then upon any termination HomeSirens will refund to you a pro- rata portion of the payment you made for the term of the Subscription Services (the $0 Subscription will be deemed a 30 months term for refund purpose). By way of example, if you paid $60 for a 12- month term of the Subscription Services, and HomeSirens terminates the term after 6 months, then HomeSirens would refund $30.

 

3.8 Refunds and Returns. We have a 30-day return policy for Products, which means you have 30 days after receiving a Product to request a return. To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.  To start a return, you can contact us at support@homesirens.com. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted. We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.

 

No refunds will be given for Subscriptions.

 

You can always contact us for any return or refund question at support@homesirens.com.

Section 4. Important Legal Terms.

4.1 General Prohibitions and HomeSirens’ Enforcement Rights. You agree not to do any of the following:

• Use, display, mirror or frame the Services or any individual element within the Services, HomeSirens’ name, any HomeSirens trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without HomeSirens’ express written consent;
• Access, tamper with, or use non-public areas of the Services, HomeSirens’ computer systems, or the technical delivery systems of HomeSirens’ providers;
• Attempt to probe, scan or test the vulnerability of any HomeSirens system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by HomeSirens or any of HomeSirens’ providers or any other third party (including another user) to protect the Services or Content;
• Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by HomeSirens or other generally available third-party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a HomeSirens trademark, logo URL or product name without HomeSirens’ express written consent;
• Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
• 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 Services;
• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, 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 Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

4.2 Links to Third Party Websites or Resources. The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

4.3 Warranty Disclaimers. HomeSirens provides a limited warranty on its hardware device as follows: For a period of one (1) year following the purchase date of the device, HomeSirens will repair or replace any device that was defective as of the date of purchase. Warranty is valid when the purchase was made from the Site. If HomeSirens device was bought from 3rd party seller, please refer to their terms of service. HomeSirens does not provide any warranty for any data that may be stored on the device or HomeSirens’ servers and HomeSirens does not provide any warranty regarding such data. EXCEPT FOR THE FOREGOING WARRANTY, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

4.4 Indemnity. You will indemnify and hold harmless HomeSirens and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with, (ii) your use of these Services, or (iii) your breach of these Terms.

4.5 Limitation of Liability NEITHER HOMESIRENS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR NETWORK INTERRUPTION OR IMPACT ON OTHER DEVICES OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOMESIRENS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL HOME SIREN’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO HOMESIRENS FOR USE OF THE SERVICES OR CONTENT IN THE SIX (6) MONTHS PRIOR TO THE APPLICABLE EVENT.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HOMESIRENS AND YOU.

4.6 Governing Law. These Terms and any action related thereto will be governed by the laws of the State of North Carolina without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action will be the state and federal courts located in Charlotte, NC and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and HomeSirens are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. 

4.7 Misc. Terms. These Terms constitute the entire and exclusive understanding and agreement between HomeSirens and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between HomeSirens and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without HomeSirens’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. HomeSirens may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by HomeSirens under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

HomeSirens’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of HomeSirens. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Services, please contact HomeSirens at support@homesirens.com.