Terms of Service of SimplyHome, LLC

THIS TERMS OF SERVICE AGREEMENT ("Agreement") between User (“Service User”) and SimplyHome, LLC governs the use of all Services (“Services”) and Equipment (“Equipment”) defined below.

General Services:  SimplyHome systems allow an individual and/or caregivers (“Service User”) to receive and provide noninvasive support and various notifications without having to be at home 24/7.  The system tracks specific activities and controls items in the home and provides notifications (“Services”).

Duration:  These Service Terms apply to Service User and SimplyHome’s Services for any period of time Service User is receiving Services.  By any use of the Services, Service User agrees to the Service Terms in this agreement.

Limitation of Liability:   Service User is not SimplyHome’s client nor a contracted party to SimplyHome, and SimplyHome shall not be liable to Service User, any family member, or guardian for any damages, injury, or loss arising out of or relating to Service User’s use of the Services or events at the site, whether based in contract, warranty, indemnity, tort (including negligence), strict liability, or alternative tort remedies, or any other theory of law or equity.  Service User waives all subrogation and other rights of recovery against SimplyHome that any insurer or other person may have due to paying any such claim.

Service User Acknowledgement – System is Supplemental Function Only:  Service User understands no system is 100% effective SimplyHome recommends notification redundancy. SimplyHome’s process, products, and Services are only supplemental to caregivers.  No system can prevent a negative action or choice from happening, nor can it predict medical or other incidents, regardless of the Services, Equipment, or process provided by SimplyHome.  Human error by providers or municipal authorities is possible and system signals may not be received if the transmission mode is cut or damaged.  Service user has final responsibility for the condition, regular testing, and verifying the system is operating properly.

Third Party Equipment:  SimplyHome uses hardware and software from several vendors that have authorized SimplyHome to sell Services for Service User’s use with other hardware and products that enable Service User’s Services.  SimplyHome is not responsible for Equipment manufactured by third parties.

Limited Warranty:  The sole warranty provided by SimplyHome and its vendors regarding all Services and Equipment is to use commercially reasonable efforts to correct any material defects (below).  This warranty is for SimplyHome’s client only and may not be enforced by any other person or entity.  All SimplyHome Services and Equipment are provided "as is," from vendors with all faults.  SimplyHome disclaims all express or implied warranties to Service User, and all warranties to or for the benefit of any third party, including all warranties of merchantability, fitness for a particular purpose, accuracy, systems integration, or non-infringement.  

Proprietary Intellectual Property: The Equipment, sensors, hardware, and Services SimplyHome provides may be patented, copyrighted, or contain proprietary hardware or software owned by SimplyHome or a third party. Service User may not use such proprietary content except for permitted use of the Services.  Service User may not (a) modify, lease, or sell any Equipment or Services or create or sell derivative works, (b) copy, recompile, or reverse engineer any Equipment or software, (c) transfer, resell, or sublicense any Equipment, or (d) remove, deliver, or export any Equipment outside the United States or violate any export laws.

Force majeure:  SimplyHome shall not be liable for any delay or failure to perform caused by or resulting from acts of God, fire, flood, accident, equipment failure, or any other causes beyond its control.

Not a Security System and No Insurance:  SimplyHome is not insuring the safety of persons in or around the site or Service User’s premises nor personal property.  SimplyHome Services and Equipment are not security systems, will not prevent unauthorized intrusion onto the premise or other emergency conditions, such as fire, carbon monoxide, medical, wandering/elopement, falls, or water damage. 

Improper Installation of Equipment:  SimplyHome is not liable for improper installation of its process, Services, or Equipment.

Unintended Use of Equipment or Service:  SimplyHome’s Equipment and Services may only be used as explicitly defined in the applicable product or Service manuals and only at the site. Unintended use or relocating the Equipment may affect proper function. SimplyHome will not provide troubleshooting support for any unintended use or unauthorized Equipment relocation.

Information Collection:  SimplyHome may collect personally identifiable information such as name, phone number, address, and email address to identify the Equipment and Services in the SimplyHome system.  Systems may collect IP address, browser type, domain names, access times, and referring websites to provide website and mobile app use statistics.  SimplyHome may share data with trusted partners to perform statistical analysis, send email or postal mail, provide customer support, or arrange for deliveries. SimplyHome prohibits third parties from using Service User’s information except to provide the Services, and third parties maintain the confidentiality of Service User’s information.  SimplyHome does NOT sell its customer lists or any customer data.  SimplyHome may send Service User satisfaction surveys and inform Service User of other products or services available from SimplyHome and its affiliates, and Service User may opt out of this at any time.  See SimplyHome’s full privacy policy: www.simply-home.com/privacy-policy

Governing Law:This Service Terms shall be governed by the laws of North Carolina.