Servicevilkår

OVERVIEW
This website is operated by Shopexis BV. Throughout the site, the terms “we”, “us”, "entruva" and “our” refer to Shopexis BV. Shopexis BV offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - 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 to be 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 Service 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.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Shopexis BV, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Shopexis BV and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Belgium.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 -THIRD PARTY SOFTWARE INCLUDED IN THE SMART PRODUCTS

The software/firmware in the Smart Products may contain or be distributed with third party software, including open-source software. Open-source software is subject to its own applicable licence terms. Copyrights to the third party and open-source software are held by the respective copyright holders indicated in those notices/terms.

SECTION 21 -YOUR RESPONSIBILITY TO MONITOR THE ALARMS

Where your Smart Products include any alarm or notification functions, it is your duty to monitor any signals and/or notifications and shut down any alarm events that are not actively signalling illegal behaviour in a timely manner. You agree to monitor and prevent false alarms and be solely liable for false alarms in relation to your Smart Products.

SECTION 22 - YOUR RESPONSIBILITY FOR ANY CONTENT UPLOADED THROUGH THE SMART PRODUCTS

22.1      Content means all audio, video, images, text and other types of content captured by the Smart Products or provided to us (including content posted by you) in connection with the use of the Smart Products.

22.2  You are solely responsible for all of your Content and you promise that:

(a)   you own the intellectual property rights in the Content and grant the rights (called a licence) described below,

(b)   you have sought appropriate permission from any persons whose details or likeness may be included in the footage; and

(c)   use of your Content on or through the Smart Products does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or other rights of any person.

22.3  You grant us a non-exclusive (which means that you can licence your content to others), royalty-free (which means that we don’t pay you for this licence), worldwide (which means that the licence applies anywhere in the world), sub-licensable (which means that we can licence your Content to others, e.g., to service providers that help us to provide the Services) right to use (including to reproduce modify, upload, publish, transmit, distribute, display or otherwise exploit) the Content shared through the Smart Products for the purposes of providing you with the Services. This licence is granted as soon as the Content is uploaded through the Smart Products and for the duration of protection of the intellectual property rights in the Content.

22.4  We do not claim ownership of any intellectual property rights in your Content. Except for the rights you grant to us under these Products Terms, you retain all rights you have in your Content.

22.5  You agree that you may not use, reproduce, modify, upload, publish, transmit, distribute, display or otherwise exploit any Content:

(a)   that does not belong to you without the express prior written consent of the respective owners;

(b)   that is libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful; and

(c)   for any purpose that is in any way contrary to any rights of third parties.

22.6  You shall not use any Smart Products, or permit the use of any Smart Products, for any unlawful purpose. For example, you shall not use the Smart Products to obtain or record video in any place where a person may have a reasonable expectation of privacy, including for example restrooms, dressing or changing areas. You also shall take all steps necessary to alert individuals that enter the property of the possibility of recording video or audio.

22.7  We reserve the right to remove any infringing or unsuitable Content from the Smart Products (and any cloud storage). If you use the Smart Products for any unlawful purpose, you may be liable to us (including for any costs).

SECTION 23 - AI IDENTIFICATION FEATURES

23.1  If your Smart Product includes advanced artificial identification (“AI”) features, then it includes the ability to identify motion (within a grid-based layout) and persons within the visual feed.

23.2  There are inherent limitations in the Smart Product technology and the artificial intelligence algorithms which means that the AI will not always capture these items. Such events can include for example environmental conditions, light visibility, object variability and programming limitations.

23.3  By using any AI features you acknowledge that the AI feature should not be used for any situation where precision or accuracy of identification is important and that we will not be responsible for any inaccuracies or misidentifications caused by use of this technology.

SECTION 24 - UPDATES TO THESE PRODUCT TERMS AND THE SMART PRODUCTS 

24.1  We may need to change these Product Terms and the Smart Products to reflect changes in law or best practice, because of changes or restrictions caused by third parties who we rely on to provide the App, Services or Smart Products, or to deal with additional features or new products which we introduce.

24.2  We will give you at least thirty (30) days' notice of any changes by sending you an email with details of the change and/or notifying you of a change via your User Account. When giving you notice of the changes, we will tell you what you can do if you do not accept the changes, including how to exercise your right to end this agreement between us for use of the Smart Products.

24.3  We may, from time to time, develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Smart Products and may ask you to update them for these reasons. You will be notified of such updates and you can choose not to install them. However, if you do not, this may expose you to security risks, limit the functionality of your Smart Product and Services, or prevent you from using them altogether. The Smart Product will always match the description provided to you when you obtained it.

SECTION 25 - INSTALLATION AND INTERRUPTIONS

25.1  Other than where you have been provided with an installation service by Shopexis BV or its affiliates, it is your responsibility to install and use the Smart Products pursuant to Instructions. If a Smart Product is not properly installed, or if it or any of its sensors are outside the detection range or hindered or obstructed by walls, furniture, personal property or other things, you may experience false alarms, detection and other usage failures.

25.2      It is your responsibility to test the Smart Products once installed to make sure they (and any related sensors, components and peripherals) are functioning and communicating as intended and designed, and then regularly test and maintain the Smart Products after installation. It is your responsibility to replace any batteries for the Smart Products, when necessary.

25.3  The operation of the Smart Products and Services may be suspended temporarily, for security reasons, systems failure, maintenance and repair, or other circumstances which may be outside our reasonable control. Due to the nature of such suspensions we may not be able to give you notice in advance, though we will give you notice where possible. To the extent allowed by law (but subject to any legal guarantees provided with the Smart Product), you may not be entitled to any refund for these temporary suspensions. If you do experience any prolonged interruption to the Services of this nature, please contact Customer Support in the first instance.

 SECTION 26 - LIMITATIONS

26.1 In addition to the limitations of the Services set out in the User Terms, you acknowledge and agree that Shopexis BV is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications to the extent allowed by law. Further the Smart Products and Services are not an emergency notification system, and should not be used in this way. Other than as specifically stated in relation to certain Subscription Services, Shopexis BV is not responsible for dispatching emergency authorities to your home in the event of an emergency.

26.2  You are responsible for all charges and fees required for applicable third-party products and services, and for compliance with all applicable agreements, terms of use/service, and other policies of your product and service providers (including internet service providers and mobile device carriers).

26.3   We make no promises concerning any content contained in or accessed through your use of the Smart Products, and will not be responsible or liable for the accuracy, copyright compliance, legality or decency of the material contained in or accessed through your use of the Smart Products.  

26.4   To the fullest extent allowed by law, we are not responsible for damage or liability caused by:

(a)   use of the Smart Products and Services for purposes other than those for which they are designed or intended, or use in improper temperature, humidity or other environmental conditions;

(b)   use of the Smart Products or Services in violation of the Instructions; or

(c)   normal wear and tear or aging, improper repair, operation or maintenance, connection to improper voltage supply or, to the extent allowed by law, attempted repair by anyone other than a person authorised by Shopexis BV.

SECTION 27 - OUR RESPONSIBILITY FOR LOSSES OR DAMAGE SUFFERED BY YOU

27.1  Losses and damage we are not responsible for. Provided that we have acted with professional diligence, and to the extent allowed by applicable law, we do not take responsibility to you for losses or damage unless they are:

(a)   caused by our failure to comply with these Product Terms, our gross negligence or our wilful misconduct, or

(b)   reasonably foreseeable at the time you accepted these Product Terms.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so and nothing in these Product Terms affects any legal rights which you always have as a consumer or you cannot contractually agree to alter or give up.

27.2  We are not liable for business losses. The Product is for domestic and private use. If you use the Products for any commercial, business or resale purpose, to the extent the law permits, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

27.3  We are not responsible for events outside our reasonable control. Our aim is to make the Smart Products highly reliable and available; however, they may not be available all the time. The Smart Products are subject to sporadic interruptions and failures for a variety of reasons beyond our control, including your Wi-Fi and mobile network failures and coverage limitations, service provider uptime and acts of God. They also rely on or interoperate with a number of third-party products and services, including third-party service providers that we use for networking and storage, as well as Other Services to which you may choose to connect your product as described. These third-party products and services are beyond our control, but their operation may impact the use and reliability of the Products. 

To the extent allowed by law, we are not responsible for losses or damage caused by events beyond our reasonable control, including losses or damage caused by any such third-party products and services.

27.4 Other Limitations to the Products. In addition, the Smart Products are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Services. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

27.5  Please back-up content and data connected with the Smart Products. We recommend that you back up any content and data used in connection with the Smart Products, to protect yourself in case of problems with the Smart Products.

27.6 Check that the Smart Products are suitable for you. The Smart Products have not been developed to meet your individual requirements. Please check that their facilities and functions (as described on the App or by your retailer) meet your requirements. Further, your Smart Products and these Product Terms are only designed and intended for use in certain countries. We cannot take responsibility for any use of the Smart Products outside the country from where you bought your Smart Products.

SECTION 28 - OTHER IMPORTANT TERMS

28.1  Even if we delay in enforcing these Product Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Product Terms, or if we delay in taking steps against you in respect of you breaking these Product Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date, provided that we are allowed to do so under applicable law.

28.2  If a court finds part of these Product Terms illegal, the rest will continue in force. Each of the paragraphs of these Product Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Which laws apply to these Product Terms and where you may bring legal proceedings. These Product Terms are governed by the laws of the country where you live and you can bring legal proceedings in the courts of the country where you live.

If you have a problem, we encourage you to contact Customer Support in the first instance using the contact details available on the website. Depending where you live, you may also be able to resolve your complaint via a local consumer dispute resolution mechanism. Please visit https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint_en for more information.

Additionally, if you live in the European Economic Area, the European Commission provides a website for online dispute resolution, dedicated to helping consumers and traders resolve their disputes out-of-court, available at http://ec.europa.eu/consumers/odr/.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us.