Terms of Service
Last updated on January 11, 2023
- CHANGES TO THIS AGREEMENT AND SERVICES
- Except as set forth in the Dispute Resolution section, Proteus is free to revise these Terms or any other part of this Agreement at any time by updating this page. If we make changes to these Terms that we consider material, we will make reasonable efforts to notify you by placing a notice on the proteussensor.com website, notifying you through the Services, by sending you an email, or by some other means. By continuing to use the Products and Services after such changes, you are expressing your acknowledgement and acceptance of the changes. Please check these Terms periodically for updates. We’re always trying to improve the Products and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Products or Services. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice. We may change any aspect of the Products or Services, including, without limitation, the applicable fees and/or features related to the Products or Services, at any time and for any reason in our sole discretion.
- 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.
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.
- PROMOTIONAL TRIAL AND SUBSCRIPTIONS You may enjoy Proteus Advanced Mode features in the following ways: Promotional Trials. We sometimes offer certain customers various trial or other promotional subscriptions under Advanced Mode Package , which are subject to these Terms except as otherwise stated in the promotional offers. Trial subscribers may at any time choose not to continue to a paid subscription at the end of the trial period. If you do not enter into a paid subscription before the end of your trial period, if any, your Advanced Mode Package and any data accumulated under the user of Advanced Mode will be deleted. Subscription fees are billed or charged on the first day of the applicable subscription period. If any payment is not received, is returned unpaid or if any credit card or similar transaction is rejected or denied, Proteus reserves the right to cancel your Advanced Mode subscription unless you provide us with a new payment method. To the extent applicable, if you choose to pay by direct debit, you agree that we may take the charge as early as the first day of the applicable subscription period. If you enroll for a paid subscription on or after the expiry of your free trial, we may take charge on the same day as you enroll. We will confirm the mandate by email once you have enrolled and will give you advance notice of future charges after the initial charge. Cancellation of Advanced Mode Services. For more information about canceling your Advanced Mode Plan, please see Upgrading, Changing, or Canceling your Plan on our cloud website.
- Risk of Loss
- All purchases of physical items from Proteus are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
- Order Limits / End-User Customers Only
- Proteus reserves the right, in its sole discretion, to refuse or cancel any order and limit order quantity. Proteus may also require additional qualifying information prior to accepting or processing any order. Proteussensor.com sells products to end-user customers only, and we reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale without written prior written agreement between You and Proteus.
- 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 customer 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. 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. At our discretion, a refund may be issued without requiring a return. In this situation, Proteus does not take title to the refunded item. See our Returns Policy for more details
- SOFTWARE UPDATES
- From time to time, Proteus may develop updates, upgrades, patches and other modifications to improve the performance of the Services and/or the Products or for other reasons in our sole discretion (“Updates”). You agree that Proteus may automatically install such Updates without providing any additional notice to you or receiving any additional consent from you.
- USER COMMUNICATIONS
- Proteus is pleased to hear from its customers. However, we do not accept or consider any unsolicited creative ideas, suggestions or other materials related to products, services or marketing. Anything you disclose or offer to us by or through websites or Services (“communications”), including e-mails to Proteus or postings on interactive portions of websites, shall be deemed and shall remain the property of Proteus. If you send us such communications, you do so on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such communications. Proteus is free to use, for any purpose whatsoever, any communications, including but not limited to publishing, developing, manufacturing, and marketing Products or Services using such communications. By submitting communications to us through websites, via e-mail, or by any means, you hereby RELEASE Proteus from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any such communications. By uploading or otherwise providing any communications to websites or to Proteus, you hereby grant Proteus, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify, and create derivative works from such communications for any purpose and in any media without compensation to you.
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
Your use of our sites and products are at your risk. You acknowledge that Products and Services are not intended for a third-party monitored emergency notification system and that we do not monitor emergency notifications and will not dispatch emergency authorities to your home or office or any other location in the event of an emergency. Proteus makes no warranty or representation that use of the Products or Services will affect or increase any level of safety. 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 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 our 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.
IN NO EVENT SHALL PROTEUS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PRODUCTS OR SERVICES AT ISSUE WITHIN THE PRIOR TWELVE (12) MONTHS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. PROTEUS DISCLAIMS ALL LIABILITY OF ANY KIND OF PROTEUS’S LICENSORS AND SUPPLIERS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL PROTEUS 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.
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. You acknowledge that the Products and Services are not intended to be 100% reliable and are not a substitute for a third-party monitored emergency notification system. We cannot and do not guarantee that you will receive notifications in any given timeframe or at all. All life threatening, safety and emergency events should be directed to the appropriate response services. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Proteus' control, including but not limited to Wi-Fi intermittency, service provider uptime, mobile notifications, networks, and operators, among others. You acknowledge these limitations and agree that Proteus is not responsible for any damages to life or property 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 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.
Proteus Sensors LLC. and its subsidiaries (collectively, “Proteus”, “we,” “us,” or “our”) provides (1) the Proteus website located at www.proteussensor.com, and all associated and canonical sites linked to www.proteussensor.com, including the Proteus Sensor Cloud account website that may be accessed at cloud.proteussensor.com (“Sites”,"Websites") , (2) services accessible through the Sites (“Web Apps”,"Email Alerts","Text Alerts","Voice Call Alerts","whatsapp alerts"), (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 legal rights to use or access services, software, mobile applications, and websites (the “Services”) and hardware products or devices (“Products”), and constitute a binding legal agreement between you and Proteus (this “Agreement”). Please read these terms of service carefully before using our Sites 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.
YOU USE THE PRODUCTS AND SERVICES AT YOUR OWN RISK. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE SERVICE, AND YOU AGREE TO HOLD PROTEUS THE HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON YOUR USE OF THE PRODUCT OR SERVICES, INCLUDING CLAIMS FOR LOST DATA OR CONTENT, WORK DELAYS OR LOST PROFITS RESULTING FROM YOUR USE OF THE PRODUCT OR SERVICES.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
PROTEUS IS NOT RESPONSIBLE FOR INTERRUPTIONS OR DELAYS TO A PRODUCT OR SERVICE THAT ARE CAUSED BY FORCE MAJEURE OR OTHER EVENTS OUTSIDE OF PROTEUS’S CONTROL, INCLUDING WITHOUT LIMITATION THE FOLLOWING: ANY WAR WHETHER DECLARED OR UNDECLARED, FIRE, FLOOD, EXTREME WEATHER, ACCIDENT, EXPLOSION, ACT OF TERRORISM, GOVERNMENTAL ORDERS, REGULATIONS, RESTRICTIONS OR PRIORITIES, STRIKE, LOCKOUT OR OTHER LABOR TROUBLES OR DISRUPTIONS, CYBER ATTACKS, CIVIL DISORDER, NATURAL DISASTERS (INCLUDING FIRES, FLOODS, EARTHQUAKES, AND SEVERE WEATHER), PUBLIC HEALTH EPIDEMICS, DESTRUCTION OF NETWORK FACILITIES OR TRANSPORTATION INFRASTRUCTURE, OR ANY OTHER CAUSE BEYOND THE ABSOLUTE CONTROL OF PROTEUS FOR THE DURATION OF AN INTERRUPTION.
This Agreement represents the entire understanding relating to your purchase or use of the Products and Services or Third Party Services and prevails over any prior or contemporaneous, conflicting or additional communications between you and Proteus. All rights not expressly granted herein are reserved by Proteus. However, to the extent your use of a Product or Service involves or is integrated with products or services of affiliated companies, any terms and policies covering those products or services may also apply.
Specific areas or pages of Proteus websites may include additional or different terms relating to the purchase or use of the Products and Services or Third Party Services. In the event of a conflict between such specific terms and these Terms, the specific terms shall control. The term “you,” as used in these Terms, includes (i) and (ii) as follows: (i) the following “Owners”: any person or entity who either (a) purchases a Product or Service, or (b) is the owner of the Product and creates an account associated with the Product, and (ii) the following “Covered Parties”: (a) any members of an Owner’s household, or (b) any person or entity that accesses or uses the Owner’s Products or Services. Covered Parties are responsible for their own actions in connection with the Products and Services, but Owner hereby consents to these Terms on behalf of all Covered Parties and agrees to be fully responsible for all actions taken by Covered Parties relating to the Owner’s Products, Services and account, including, without limitation, minor children or wards, regardless of age. As a result, if you are an Owner, you should allow only those individuals that you trust to access your account, Products, and Services. You must be at least 13 years old to use the Products and Services. If you are between the ages of 13 and 18, you may use these Products and Services only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a Covered Party under the age of 18, you consent to these Terms on behalf of such Covered Party and you are fully responsible for the acts of such Covered Party in relation to the Products and Services. All Owners and Covered Parties, regardless of age, agree to these Terms, including, without limitation, the arbitration provision and class action waiver. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer collectively to you personally and to that organization or entity).