Terms of Service

Proteus Sensors LLC. and its subsidiaries (collectively, “Proteus”) provides (1) the Proteus website located at www.proteussensor.com, and all associated sites linked to www.proteussensor.com, including the Proteus Sensor Cloud account website that may be accessed at cloud.proteussensor.com (“Sites”) , (2) services accessible through the Sites (“Web Apps”), (3) software that may be downloaded to your smartphone or tablet to access services (“Mobile Apps”), and (4) subscription services, including services that can be accessed using the Web Apps and Mobile Apps (“Subscription Services”), all for use in conjunction with Proteus Sensor hardware products (“Products”). Some Proteus Products and Services can be used together or in ways that integrate with products and services from third parties. The term “Services” means the Sites, Web Apps, Mobile Apps, and Subscription Services.

These Terms of Service (“Terms” or “Agreement”) govern your access to, and use of, the Services and Products. Please read these terms of service carefully before using this web site or ordering and using products from Proteus through our website, a reseller or an authorized distributor. Your use of this web site and or our products confirms your unconditional acceptance of the following terms of service. If you do not accept these terms of service, do not use our websites, products and services.

THESE TERMS ARE A LEGAL AGREEMENT. BY ACCEPTING THESE TERMS THROUGH A SITE, WEB APP OR MOBILE APP, OR BY ACCESSING AND USING THE SERVICES (INCLUDING THE SITES) OR PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT IN CONNECTION WITH THE ACCESS AND USE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD DISCONNECT YOUR PRODUCTS FROM YOUR ACCOUNT (AS DESCRIBED BELOW) AND CEASE ACCESSING OR USING THE SERVICES AND PRODUCTS.YOU ARE ALSO CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE SERVICES AND OF THE PRODUCTS CONNECTED TO THE SERVICES. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SERVICES AND PRODUCTS.

Products, and Specifications

All features, content, specifications, products and prices of products and services described or depicted on "Sites", are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Proteus Sensor, which operates this Web Site, makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner

WiFi connectivity and compatibility

All Proteus Sensors support 802.11b/g/n industry wifi standard. While we make every effort to make sure that our sensors can connect to any given home or office wifi network, It is possible to have compatibility issues with certain router makes and models. Unfortunately we cannot test our sensors with every available router available in the market. If you find compatibility issues between Proteus sensors and your wifi router, and you are sure that you did everything as the user manual says, It is possible that Protues sensors may not work on your network. The device network table records will remain empty and you can return your device to us in accordance with the Returns Policy

Orders and shipping

When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for contacting the shipping carrier to initiate any claim for damaged and/or lost shipments. You are responsible for paying any import duties and taxes on your order.

Installation

There may be laws in the jurisdiction that you install a particular Product applicable to where and how to install that Product. You should check that you are in compliance with all relevant laws in your jurisdiction. Proteus is not responsible for any injury or damage caused by self-installation.

Return of Purchased Items

If, for any reason, you want to return the Product you purchased from the Store for a refund, you must notify us no later than 30 days following the date of purchase (the "Cancellation Period"). To initiate a return, you must inform us of your decision within the Cancellation Period by contacting Proteus customer support and clearly stating your desire to return the Product. Proteus ustomer service will provide you with a Return Merchandise Authorization ("RMA") that must be included with your return shipment to Proteus so Proteus can identify your shipment and with a return address. If you purchased the Product from somewhere other than the Store, please contact that reseller to obtain a refund.

To receive a refund, you must return your Product (and any promotional merchandise supplied with the Product) with an RMA within the 14 days following the day on which you receive a RMA from Proteus. Unless the Product is faulty or not as described, you will be responsible for all costs associated with returning the Product to us (including uninstallation and the cost of shipping the Product back to Proteus). We will refund the price you paid for the Product less shipping charges, the value of any promotional merchandise or discounts you received. If you purchase a Bundle (multiple Products sold together at a discount), we will not provide a refund if you return only part of the Bundle, and you must return all of the Products sold together in that Bundle in order to receive any refund. We may reduce the amount of your refund to reflect any reduction in the value of the Product, as determined in our sole discretion, caused by your handling them in a way which goes beyond what is necessary to establish their nature, characteristics and functioning (e.g., beyond what would normally be permitted in a shop).

We will process the refund due to you as soon as possible and, in any case, within 30 days from the date of receipt by Proteus of the returned Product. The Product is not eligible for a refund after the 30-day period. See our Returns Policy for more detail

Trademarks

Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of ProteusSensor and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Proteus Sensor or the rightful owner

User Information

Other than personally identifiable information, which is subject to this Web Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

DISCLAIMER

Your use of this site is at your risk. The information, materials and services provided on or through this web site are provided "as is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither Proteus Sensor nor any of their affiliates warrant the accuracy or completeness of the information, materials or services provided on or through this web site. The information, materials and services provided on or through this web site may be out of date, and neither Proteus Sensor, nor any of its respective affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

All products and services purchased on or through this web site are subject only to any applicable warranties of their respective manufactures, distributors and suppliers, if any. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this web site. Wthout limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. We make no warranties to those defined as "consumers" in the magnuson-moss warranty-federal trade commission improvements act. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

Proteus Sensor does not approve or recommend the use of our products or resources in critical life-support or medical devices, or for any use or application in which the failure of a single component could create a situation in which property damage, personal injury or death is likely to occur. Your attempts/ experiments to hack any devices sold on this website, and or connect them to other devices are completely at your own risk. You absolve ProteusSensor and/or the manufacturer of the product in question of all damages, costs, and expenses that may be incurred, including without limitation, attorney fees and costs related to any lawsuit or threatened lawsuit arising out of the use of our products in such applications.

LIMITATIONS OF LIABILITY

Proteus Sensor assumes no responsibility, nor will be liable, for any damages to, or any viruses or malware that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of this website or products bought on this website, or browsing this Web Site, or your downloading of any information or materials from this Web Site. In no event will Proteus Sensor or any of its respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this web site, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this web site, any web sites linked to this web site, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

In the event of any problem with this web site or any content, you agree that your sole remedy is to cease using this web site. In the event of any problem with the products or services that you have purchased on or through this web site, you agree that your sole remedy, if any, is in accordance with manufacturer's warranty as applicable, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this web site.

Intended Use of Proteus Products and Services. Proteus Products and Services are intended to be accessed and used for non-time-critical applications. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Proteus' control, including Wi-Fi intermittency, service provider uptime, mobile notifications and operators, among others. You acknowledge these limitations and agree that Proteus is not responsible for any damages allegedly caused by the failure or delay of the Services.

No Life Safety or Critical Uses of the Products and Services. You acknowledge and agree that the Products and Services, whether standing alone or when interfaced with Third-Party Products or Services, are not certified for emergency response. Proteus makes no warranty or representation that use of the Products or Services with any Third-Party Product or Service will affect or increase any level of safety. YOU UNDERSTAND THAT, EXCEPT FOR PRO MONITORING ENABLED NEST PRODUCTS, THE PRODUCTS AND SERVICES ARE NOT A MONITORED EMERGENCY NOTIFICATION SYSTEM. FURTHER, YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES WILL PROTEUS DISPATCH EMERGENCY SERVICES TO YOUR HOME OR OFFICE OR ANY OTHER LOCATIONS IN THE EVENT OF AN EMERGENCY.

Revisions to the Terms of Service

These terms of service may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current terms of service because they are binding on you. Certain provisions of these terms of service may be superseded by legal notices or terms located on particular pages of this Web Site.

Termination of accounts

You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.