In some instances, using the SkyBell will require that you install our software on your computer or mobile device. In order to access our Website or install or use our Mobile App, you must agree to these Terms without modification by you. You may terminate these Terms at any time by no longer using our Website, App or the SkyBell Wi-Fi enabled video doorbell. Some provisions of this Agreement will continue to be effective after termination of these Terms.
If you do not wish to be bound by the terms of this Agreement, then do not access or use our product, our Website or our Mobile APP.
Content means text, images, photos, audio, video, and all other forms of data or communication.
Device or Product means the SkyBell Wi-Fi enabled video doorbell.
Firmware means the firmware contained within the Device.
IP means copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world owned by us.
Mobile App means the mobile application which is created, owned and operated by us and is intended to be used in conjunction with our Product.
Standard Return Period means thirty (30) days from the date of your SkyBell purchase, as indicated by your sales receipt
Website means www.skybell.com and all of the content contained therein.
A User (or “End User”) means is someone who accesses, browses, crawls, scrapes, or in any way uses our Website or our Mobile App. The terms “you” and “your” refer to you, as a user of the SkyBell device and/or our Website and/or our Mobile App.
Warranty Period means one year from the date of purchase of your Device as evidenced by your sales receipt.
READ THIS AGREEEMENT (INCLUDING THE ARBITRATION PROVISION) CAREFULLY BEFORE USING SKYBELL, VISITING OUR WEBSITE OR USING OUR MOBILE APP. BY USING THE SKYBELL WI-FI ENABLED VIDEO DOORBELL, OR BY VISITING OR BROWSING OUR WEBSITE OR BY USING OUR MOBILE APP YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.
If you have any questions or concerns about the terms of this Agreement, please contact firstname.lastname@example.org.
Devices Purchased Directly From SBT
US and Canada Orders
Orders placed through the SkyBell online store can be canceled for a full refund until the order has been processed for fulfillment. At that time, the order cancellation shall be subject to the return policy.
Returns initiated within the Standard Return Period shall be eligible for a full refund minus shipping, handling and a $30 restocking fee. Refunds shall be processed in 7-10 business days.
In order to be eligible to receive a refund, you must return the Device in its original packaging and with all accessories included with it. The Device and the accessories must be in their original condition and you must include an original receipt as proof of your purchase.
All sales are final. We will not accept product returns and we will not refund purchase price. If your SkyBell is defective, the terms of our Limited Warranty will apply, but you will be responsible for paying all shipping and handling charges.
You assume the risk of loss during shipping. Lost devices will not qualify for a refund. We recommend you send all returns in such a manner that their delivery can be tracked and verified. We also recommend you make a copy of your sales receipt.
Devices Purchased From an Authorized Third Party Dealer
The return of a Device purchased from an authorized third party shall be governed by the third party’s return policy. We are not obligated to accept the return of any Device purchased from third party vendor.
Compliance with the terms and conditions stated herein allows the customer to be eligible for a refund, but does not obligate us to provide one. All refunds are provided at our sole discretion.
Devices Purchased From an Un-Authorized Third Party Dealer
We will not accept returns from an un-authorized third party dealer under any circumstances. Please refer to our list of authorized dealers at (www.skybell.com/pages/legal) before purchasing your Device.
Order Cancellation by Us
We have the right to cancel any order at any time. If we cancel your order, we will provide you with a full refund within 10 days.
THE SKYBELL WI-FI ENABELED DOORBELL IS NOT INTENDED TO BE USED AS A SECURITY OR MONITORING SYSTEM AND WE MAKE NO CLAIM THAT THE DEVICE WILL KEEP YOU, YOUR FAMILY OR YOUR PERSONAL PROPERTY SAFE. THIS PRODUCT IS INTENDED TO BE USED AS A COMMUNICATION DEVICE FOR THE PURPOSE OF ENHANCING YOUR PERSONAL CONVENIENCE.
State and Local Laws
Your SkyBell is a recording device and may be subject to laws, regulations and restrictions in your place of use. You agree to abide fully by all applicable laws associated with the use of a recording device like the SkyBell.
Cookies and Data We Collect
In order to provide you with ease of access to your account, SBT will place a cookie (a small text file) on any computer or mobile device from which you access our Website.
We collect non-personal information − data in a form that does not permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect:
- We may collect information such as language, zip code, phone number, unique device identifier, location, email and the time zone where the Device is used.
- We also may collect information regarding customer activities on your Device, our Website or our Mobile App.
This information is aggregated and used to provide more useful products to our customers by helping us understand which parts of our Website and Devices are of most interest. We may also display this information publicly or provide it to others. However, we do not disclose personally-identifying information.
If you send us a support request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish the non-personally identifiable parts of it in order to help us clarify or respond to your request or to help us support other users.
If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.
If you first publish a correspondence with us (including but not limited to correspondence with our customer service team) on any public forum, we shall have the right to publicly publish or republish any correspondence with you which may identify you and/or our personal information.
Copyrights and Trademarks
All content included on the Website and the Mobile App including (but not limited to): text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of SBT, or its suppliers and is protected by United States and international copyright and trademark laws or other intellectual property laws and treaties. Content shall not be reproduced or used without express written permission from SBT or its suppliers.
Trademarks and Servicemarks
SkyBell is a trademark and service mark of SkyBell Technologies, Inc. The SkyBell logo, www.skybell.com is a trademark and service mark of SBT. The Website, including (but not limited to) its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of SBT. The trademarks, service marks and trade dress of SBT may not be used or reproduced without prior written approval from us and may not be used in connection with any product or service that is not affiliated with us in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of SBT or in any manner that disparages or discredits SBT. Other trademarks or service marks that appear on the Website or the Mobile App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SBT. Any images of persons or personalities contained on the Website are not an indication or endorsement of SBT or any particular product or our service unless otherwise indicated.
Use of Submitted Information
SBT is free to use any Content submitted to us or obtained through postings to the Website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Website. Furthermore, by posting any Content on our Website, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future .
Note that we do not accept unsolicited materials or ideas for use or publication, and we are not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to SBT. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against SBT and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
You consent to receiving electronic communications from us. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured services or information or offerings. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Firmware and App Updates
From time to time, and at our discretion, we may update the firmware on your Device and/or the Mobile App. You consent to allow us to push these updates to your device and/or your mobile App without notice and without seeking additional permission.
Your Conduct on Our Website
By using our Website you agree in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with Website. You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website. You also agree not to impersonate any other person while using the Website, conduct yourself in a vulgar or offensive manner or use the Website for any unlawful purpose.
Failure to comply with this provision of the Agreement shall entitle us to pursue federal and/or state legal action and seek recovery for any injury suffered.
You agree to conduct yourself in courteous and professional manner at all times when interacting with our customer service team. Vulgar and abusive behavior will not be tolerated. Failure to comply with this provision shall entitle us to restrict your ability to interact with our customer service support team.
Some of the hyperlinks and banners on the Website may lead to other websites that are not controlled by, or affiliated with, SBT. In addition, other websites may link to our Website. We are not responsible for the content or privacy policies associated with these third-party websites.
We own the Mobile App, the Software, the hardware design and the Website including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, , aggregate User review ratings, and all other elements and components of the Mobile App, Software, hardware and Website excluding third party Content. We also own the IP rights associated with the Mobile App, the Software, the hardware and the Website, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Mobile App, Software or hardware, in whole or in part, except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Mobile App, Software and the hardware are retained by us.
We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Website, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
We reserve the right to refuse service to anyone for any reason.
Export Law Assurances
By using or downloading the Mobile App, you agree that you are solely responsible for complying with all United States export control regulations, including the Export Administration Regulations (“EAR”), and sanctions programs, including those administered by the United States Treasury Department’s Office of Foreign Assets Controls (“OFAC”), and all other applicable international trade regulations. You agree that you will not download or use the Mobile App without all required approvals in any proscribed destination (including Cuba, Iran, North Korea, Sudan, and Syria), on behalf of any proscribed entity or person, for any proscribed end use, or in any other manner contrary to these export regulations and sanctions programs. By downloading or using the Mobile App, you represent, warrant and certify that you are not a proscribed End User or utilizing this software for a proscribed end use under these regulations. This assurance shall survive the expiration or termination of this Agreement.
Government End Users
The Software and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government End Users (a) only as Commercial Items and (b) with only those rights as are granted to all other end Users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Termination of This Agreement
This Agreement is effective until terminated. Your rights under this Agreement are terminable by us, with or without cause, at any time without notice. If you breach this Agreement, we may seek legal recourse and terminating this Agreement shall not limit our remedies. We also reserve the right to seek damages in law or equity. You acknowledge that if you misappropriate any of our IP, damages are inestimable and we shall be entitled to (at a minimum) immediate injunctive relief.
Devices returned from outside the US and Canada may not be able to be returned due to an act of God, war, embargo or other act by one or more sovereign nations limiting commerce between the US and another country or some other action or event outside SBT’s control.
Return devices from outside the US and Canada at your own risk.
WE HOPE TO MAKE YOU A HAPPY CUSTOMER, BUT IF THERE’S AN ISSUE THAT WE CANNOT RESOLVE, THIS SECTION OUTLINES WHAT’S EXPECTED OF BOTH OF US.
YOU AND SBT BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. THERE’S NO JUDGE OR JURY IN ARBITRATION, AND THE PROCEDURES MAY BE DIFFERENT, BUT AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS’ FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT:
(1) THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES) WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) OR BETTER BUSINESS BUREAU (“BBB”). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.
VENUE FOR ANY CASE BROUGHT UNDER THIS AGREEMENT SHALL BE ORANGE COUNTY, CALIFORNIA, U.S.A.
(2) UNLESS YOU AND SBT AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN ORANGE COUNTY, CALIFORNIA, USA. FOR CLAIMS OVER $10,000, THE AAA’S WIRELESS INDUSTRY ARBITRATION (“WIA”) RULES WILL APPLY, IN SUCH CASES, THE LOSER CAN ASK FOR A PANEL OF THREE NEW ARBITRATORS TO REVIEW THE AWARD. FOR CLAIMS OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM CAN CHOOSE EITHER THE AAA’S WIA RULES OR THE BBB’S RULES FOR BINDING ARBITRATION OR, ALTERNATIVELY, CAN BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG). FOR CLAIMS OF $10,000 OR LESS, YOU CAN CHOOSE WHETHER YOU’D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN–PERSON OR BY PHONE.
(3) THIS AGREEMENT DOESN’T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA OR BBB PROCEDURES OR RULES WOULD. NOT WITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT.
(4) IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO SBT SHOULD BE SENT TO:
SKYBELL TECHNOLOGIES, INC.
16530 BAKE PARKWAY, SUITE 101
IRVINE, CALIFORNIA, 92618 USA
THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF WE ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. WE’LL PAY ANY FILING FEE THAT THE AAA OR BBB CHARGES YOU FOR ARBITRATION OF THE DISPUTE.
(5) WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANYTIME BEFORE ARBITRATION BEGINS. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM.
(6) AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN’T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
(7) IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SUBSECTION (3) CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
(8) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND SBT AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND SBT UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
Waiver of Rights
The failure of SBT to exercise any of their respective rights under this Agreement shall not be deemed a waiver, nor shall such failure in any way prevent SBT from subsequently asserting or exercising such rights.
Unenforceability of Provisions
If any term or provision of this Agreement, or its application to any person or circumstances, shall be invalid or unenforceable, the remainder of this Agreement, or its application to any person or circumstances other than those as to which it is invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law.
Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
This Agreement may be amended from time to time at SBT’s sole discretion.
Waiver of Rights
Our failure to exercise any of their respective rights under this Agreement shall not be deemed a waiver, nor shall such failure in any way prevent us from subsequently asserting, prosecuting or exercising such rights.
Effective as of May 17, 2014
SkyBell and SkyBell Technologies, Inc. are trademarks SkyBell Technologies, Inc.