Privacy
We appreciate the trust you’ve placed in us, and we’ve created strict privacy controls to ensure we won’t do anything to violate that trust. We’ve summarized the most important parts of our privacy policy below, but feel free to read our full privacy policy here.
  • We’ve implemented industry leading security standards.
  • Your data is your own. Period. No one at Lighthouse reviews audio or video from your site unless you explicitly give us permission via the Lighthouse app. This will arise only in the rare event that the AI mis-classifies a person as a pet, or vice versa, and you would like a Lighthouse operator to re-train the system. All data is stripped of account information before being viewed. Facial recognition mis-classifications are handled by the system, and do not require a person viewing them.
  • We communicate our privacy and security policies to all Lighthouse employees and strictly enforce privacy safeguards. We do not, and never will, use your data for advertising. We don’t sell or share your personal data with any third parties unless it’s a) required for the functioning of the app, and b) anonymized and non-attributable to a device or user.
  • GPS from your mobile device is necessary for hands-free arming and disarming of the Lighthouse device. We only use your location to notify the system to secure your home, and only with your explicit permission. You can turn GPS tracking off at any time.
  • The Lighthouse device only records audio at your site when you or an authorized user explicitly provides permission via the app. Lighthouse employees do not access that data at any time, for any reason.
  • We have created easy-to-use protocols within the app that allow you to automatically turn off audio and video while you are home, so the camera is only recording when you and other owners are out of the house.

END USER LICENSE AGREEMENT

IMPORTANT: THIS LICENSE IS A LEGAL AGREEMENT BETWEEN YOU AND LIGHTHOUSE AI, INC. (“LIGHTHOUSE”). BY USING YOUR LIGHTHOUSE CAMERA (“CAMERA”) OR CAMERA SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (“LICENSE”) ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE USE OF THE CAMERA OR CAMERA SOFTWARE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THIS LICENSE ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE CAMERA SOFTWARE AND TO ENTER INTO THIS LICENSE. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THIS LICENSE, YOU SHOULD CEASE ACCESSING OR USING THE CAMERA AND THE CAMERA SOFTWARE.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND TIME LIMIT ON SUBMITTING CLAIMS THAT AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING YOUR CAMERA OR DOWNLOADING THE SOFTWARE UPDATE (AS DEFINED BELOW) ACCOMPANYING THIS LICENSE. BY USING YOUR CAMERA OR DOWNLOADING A SOFTWARE UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE, DO NOT USE THE CAMERA OR DOWNLOAD THE SOFTWARE UPDATE.

AS DESCRIBED BELOW, SECTION 2.6 DESCRIBES IMPORTANT LIMITATIONS OF THE CAMERA, CAMERA SOFTWARE AND SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.

IF YOU HAVE RECENTLY PURCHASED A CAMERA AND YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE CAMERA WITHIN THE FIRST THIRTY (30) DAYS FROM WHEN YOU PURCHASED THE CAMERA TO THE LOCATION WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO THE TERMS OF LIGHTHOUSE’S THIRTY (30) DAY SATISFACTION GUARANTEE POLICY, WHICH CAN BE FOUND AT HERE.

  1. General.

  1. The software that is installed on or came with your Camera (“Lighthouse Camera Software”), as may be updated or replaced by feature enhancements, software updates or system restore software provided by Lighthouse (“Software Updates”) is licensed, not sold, to you by Lighthouse for use only under the terms of this License. The Lighthouse Camera Software and Software Updates are collectively referred to as the “Camera Software”. Lighthouse and its licensors retain ownership of the Camera Software and reserve all rights not expressly granted to you under this License.

  1. Lighthouse, at its discretion, may make available future Software Updates for your Camera. The Software Updates, if any, may not necessarily include all existing software features or new features that Lighthouse releases for newer or other models of Cameras. The terms of this License will govern any Software Updates provided by Lighthouse that replace and/or supplement the Lighthouse Camera Software, unless such Software Update is accompanied by a separate license in which case the terms of the separate license will govern the Software Update.

  1. Ownership, Permitted License Uses, Restrictions and Limitations.

  1. The Camera Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Lighthouse and its licensors. Lighthouse and its licensors reserve all rights in and to the Camera Software not expressly granted to you in this License. The Camera Software (and all copies thereof) is licensed to you, not sold, under this License. There are no implied licenses in this Camera Software. All suggestions or feedback provided by you to Lighthouse with respect to the Camera Software shall be Lighthouse’s property. Lighthouse may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Lighthouse does not waive any rights to use similar or related ideas previously known to Lighthouse, developed by its employees, or obtained from other sources.

  1. Subject to the terms and conditions of this License, you are granted a limited, non-exclusive license to use the Camera Software. Except as permitted here, and unless as provided in a separate written agreement between you and Lighthouse, which is signed by a corporate officer of Lighthouse, this License does not allow the Camera Software to exist on any non-Lighthouse branded hardware products and you may not distribute or make the Camera Software available over a network where it could be used by any non-Lighthouse branded hardware products. This License does not grant you any rights to use Lighthouse proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third-party software applications for use with our Cameras.

  1. Subject to the terms and conditions of this License, you are granted a limited, non-exclusive license to download Software Updates that may be made available by Lighthouse for your Camera to update or restore the Lighthouse Camera Software on any Camera that you own or control. This License does not allow you to update or restore the Lighthouse Camera Software on any Camera that you do not control or own and you may not distribute or make the Software Updates available over a network where they could be used by multiple devices or multiple computers at the same time. If you download a Software Update to your computer, you may make one copy of the Software Update stored on your computer in machine-readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original.

  1. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify or create derivative works of the Camera Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open-source components that may be included with the Camera Software).

  1. You agree to use the Camera Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Camera Software and Services.

  1. You acknowledge that the Camera and Camera Software are not certified for emergency response. YOU UNDERSTAND THAT THE CAMERA AND CAMERA SOFTWARE ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM -- LIGHTHOUSE DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. In addition, the Lighthouse customer support contacts cannot be considered a lifesaving solution for people at risk in the home, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services.

  1. You acknowledge that the Camera Software contains valuable trade secrets and proprietary information of Lighthouse, that any actual or threatened breach of Sections 2.2-2.4 of this License will constitute immediate, irreparable harm to Lighthouse for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.

  1. Transfer. You may not redistribute or sublicense the Camera Software. You may, however, make a one-time permanent transfer of all of your license rights to the Camera Software to another party in connection with the transfer of ownership of your Camera, provided that: (a) the transfer must include your Camera and all of the Camera Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Camera Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Camera Software reads and agrees to accept the terms and conditions of this License.

  1. Privacy Policy & Data Security.

  1. Please review the Privacy Policy for Lighthouse located here. These documents describe practices regarding the information that Lighthouse may collect from users of the Camera, Camera Software, and/or Services including any content or user submissions.

  1. Lighthouse uses various security measures to protect your information. Details of the various security measures are provided here. Lighthouse cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

  1. Services and Third Party Materials.

  1. The Camera Software may enable access to: (1) Lighthouse’s artificial intelligence services (“AI Services”) and (2) third-party services and websites (collectively and individually, “Third-Party Services”). The aforementioned services may be collectively referred to as “Services”. Third-Party Services may not be available in all languages or in all countries. Use of the Third-Party Services requires Internet access. Use of certain Third-Party Services may: (a) require a password and username; (b) require you to accept additional terms; and (c) be subject to additional fees. Your use of the AI Services is governed by the Terms of Service located here and this License. To the extent that there is any conflict between the Terms of Service and the License, the Terms of Service shall control.

  1. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Lighthouse will have no liability to you for content that may be found to be offensive, indecent or objectionable.

  1. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that Lighthouse is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. Lighthouse, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.

  1. Neither Lighthouse nor any of its content providers guarantees the availability, accuracy, completeness, reliability or timeliness of location data or any other data displayed by any Services.

  1. To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material that are owned by Lighthouse, the site owner and/or their licensors, and are protected by applicable intellectual property and other laws, including, but not limited to, copyright laws. You agree that you will not use such proprietary content, information or materials: (a) other than for permitted use of the Services; (b) in any manner that is inconsistent with the terms of this License; or (c) in any manner that infringes any intellectual property rights of a third party or Lighthouse. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in any manner, and you will not exploit the Services in any unauthorized way whatsoever, including, but not limited to, using the Services to transmit any computer viruses, worms, Trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Lighthouse is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.

  1. In addition, the Services and Third Party Materials that may be accessed, linked to or displayed on the Camera are not available in all languages or in all countries or regions. Lighthouse makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws and privacy and data collection laws. Lighthouse and its licensors reserve the right to change, suspend, remove or disable access to any Services at any time without notice. In no event will Lighthouse be liable for the removal of or disabling of access to any such Services. Lighthouse may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

  1. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Lighthouse if you fail to comply with any term(s) of this License. Upon the termination of this License, you will cease all use of the Camera Software. Sections 4-18 of this License will survive any such termination.

  1. Disclaimer of Warranties.

  1. If you are a customer who is a consumer (someone who uses the Camera Software outside of your trade, business or profession), you may have legal rights in your country of residence that would prohibit the following limitations from applying to you and, where prohibited, they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.

  1. EXCEPT AS OTHERWISE EXPRESSLY STATED BY LIGHTHOUSE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE CAMERA SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE CAMERA SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CAMERA SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LIGHTHOUSE AND LIGHTHOUSE’S LICENSORS (COLLECTIVELY REFERRED TO AS “LIGHTHOUSE” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE CAMERA SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

  1. LIGHTHOUSE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE CAMERA SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE CAMERA SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE CAMERA SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE CAMERA SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE CAMERA SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD-PARTY SERVICES. INSTALLATION OF THIS CAMERA SOFTWARE MAY AFFECT THE USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.

  1. YOU FURTHER ACKNOWLEDGE THAT THE CAMERA SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE CAMERA SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.

  1. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LIGHTHOUSE OR A LIGHTHOUSE AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. SHOULD THE CAMERA SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL LIGHTHOUSE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE CAMERA SOFTWARE AND SERVICES OR ANY THIRD-PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE CAMERA SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LIGHTHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL LIGHTHOUSE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE LESSER OF: (A) THE PRICE YOU PAID FOR THE CAMERA OR (B) AMOUNT OF USD $599. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. LIGHTHOUSE DISCLAIMS ALL LIABILITY OF ANY KIND OF LIGHTHOUSE’S LICENSORS AND SUPPLIERS.

  1. Export Control. You may not use or otherwise export or re-export the Camera Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Camera Software was obtained. In particular, but without limitation, the Camera Software may not be exported or re-exported: (a) into any U.S. embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Camera Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Camera Software for any purposes prohibited by United States law (including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons). You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Camera Software and related technology, as may be required. You will indemnify and hold Lighthouse harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of your obligations under this section.

  1. Government End Users. The Camera 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 48C.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.

  1. Severability. In the event any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed from the remainder of this Agreement, and such remainder will remain in force and effect. The parties agree to replace any such invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior and/or simultaneous representations, discussions, negotiations and agreements relating to the subject matter herein, whether written or oral.

  1. Dispute Resolution and Binding Arbitration Provision.

Definitions. As used in this Section 12, the terms “you” and “your” refer to you as well as other individuals or entities you allow to access or use the Products and/or AI Services, and any legal entity you control, work for, or represent when you access or use the Products and/or AI Services. “Claims” means all claims, disputes, or controversies between you and Lighthouse of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Products or AI Services. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Section 12.

Informal Efforts to Resolve Dispute.  If a dispute arises between you and Lighthouse, you must first attempt to resolve your dispute by sending an email to support@light.house or by sending the details of your complaint, including your contact information for a response, to the address listed below. Lighthouse will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt. Your failure to utilize these informal efforts to resolve the dispute will bar your Claims against Lighthouse.

Agreement to Arbitrate; Right to Opt Out.  If informal efforts to resolve Claims fail, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) you may assert Claims in a small claims court in the United States if your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD TO YOU ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND FORMS OF RELIEF AS A COURT COULD (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF AS WELL AS STATUTORY DAMAGES), AND MUST FOLLOW THE LAW AND TERMS OF THIS AGREEMENT AS A COURT WOULD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED.

IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY LIGHTHOUSE IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THIS AGREEMENT BY MAILING AN OPT-OUT REQUEST TO OUR CUSTOMER SERVICE CENTER LISTED BELOW. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH LIGHTHOUSE, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH LIGHTHOUSE THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH LIGHTHOUSE OR THE DELIVERY OF PRODUCTS OR AI SERVICES TO YOU BY LIGHTHOUSE. IF YOU HAVE PREVIOUSLY NOTIFIED LIGHTHOUSE OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.

Arbitration Fees.  The allocation and payment of all filing, administration and arbitrator fees will be governed by the JAMS’ rules which limit the amount a consumer is required to pay. If the arbitrator determines that your Claims are not frivolous applying the standards of the Federal Rules of Civil Procedure, we agree to reimburse you the amount of all filing, administration and arbitrator fees you are required to pay for the arbitration.

Arbitration Rules.  The arbitration will be conducted by the Judicial Arbitration and Mediation Services (“JAMS”) under JAMS’ rules. If your use of the Products has been principally for personal or household use, the JAMS’ procedures for consumer-related disputes including the minimum fairness standards will also apply. Regardless of whether you are a resident of the United States or of a country other than the United States, the arbitration will be conducted by the JAMS in San Francisco, California, under its rules for international arbitration, and you and Lighthouse agree to submit to the personal jurisdiction of the U.S. federal court in San Francisco, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control.

The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with at least fifteen (15) years’ experience in consumer and technology transactions and who is also a member of the JAMS’ roster of arbitrators. If you and Lighthouse cannot agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the JAMS will pick a neutral arbitrator who meets the qualifications. The JAMS rules are available at http://www.jamsadr.com, or by calling 1-800-352-5267 from inside the United States or +44 207 583 9808 from outside the United States.

Initiating Arbitration. To begin an arbitration proceeding, you must follow the procedures specified by the applicable JAMS rules as described on their website at http://www.jamsadr.com.

Time Restriction.  YOU MUST FILE A COMPLAINT WITH JAMS OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.

Arbitration Process.  Because appearing in person for arbitration can be unduly burdensome in certain circumstances, arbitration under this Section 12 shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the JAMS that is the most convenient for you.

The arbitration can only decide Claim(s) between you and Lighthouse, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable JAMS rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.

In conducting the arbitration proceeding, the arbitrator will apply the law of the State of California (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g. the Federal Arbitration Act). The confidentiality provisions of this Agreement will be enforceable under the provisions of the California Uniform Trade Secrets Act, California Civil Code Section 3426, as amended. At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the JAMS’ rules or the Federal Arbitration Act.

Recovery and Attorneys’ Fees.  If the arbitrator rules in your favor on the merits of any Claim you bring against Lighthouse and issues you an award that is greater in monetary value than our last written settlement offer made to you before written submissions are made to the arbitrator, then Lighthouse will (i) pay you 150% of your arbitration damages award, up to a maximum amount of $1,000 over and above your damages award; and (ii) pay your attorneys, if any, the amount of reasonable attorneys’ fees actually incurred, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably incurred for investigating, preparing, and pursuing your Claim in arbitration. The right to attorneys’ fees and expenses discussed above supplements any right to attorneys’ fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys’ fees or costs. If your use of the Products was principally for personal or household use, neither party will be entitled to any award of punitive or special damages and Lighthouse waives any right Lighthouse may have to seek an award of attorneys’ fees and expenses from you in connection with any arbitration of Claims between you and Lighthouse.

Confidentiality.  You and Lighthouse shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to your or Lighthouse’s attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.

Continuing Obligation to Arbitrate; Severability. This Section 12 shall survive termination of your access to or use of any Products and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Section 12.

Lighthouse Customer Service Center Address:

Lighthouse AI, Inc.

ATTN: LEGAL/ARBITRATION

380 Portage Ave, Palo Alto, CA 94306

  1. 13. No Amendment; Governing Language. No amendment to or modification of this License will be binding unless in writing and signed by Lighthouse. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License will govern, to the extent not prohibited by local law in your jurisdiction.

  1. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

  1. Headings. The headings of Sections of this License are for convenience and are not to be used in interpreting this License.

  1. Third Party Acknowledgements. Portions of the Camera Software may utilize or include third-party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Camera Software, and your use of such material is governed by their respective terms.

  1. Assignment. Subject to Section 3, neither the rights nor the obligations arising under this License are assignable by you, and any such attempted assignment shall be void and without effect.

  1. Notices. Any notice to you may be provided by email to the address that you registered with Lighthouse.

  1. Last Updated: May 15, 2018

Terms & Conditions of Sale

Thank you for visiting the website (www.light.house) of Lighthouse AI, Inc. (“Lighthouse”), and for your purchase of a camera, hardware or other product by Lighthouse (“Products”) and, if applicable, your subscription to artificial intelligence services provided by Lighthouse (“AI Service(s)”). Your purchase of one or more Products, and if applicable, your subscription to AI Services, constitutes your agreement to be bound by these Terms & Conditions of Sale (“Terms & Conditions”), Lighthouse’s Terms of Service, the End User License Agreement, and any additional terms Lighthouse provides on its website or contained within the packaging of any Lighthouse Product (“in-box materials”).

THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR PRODUCTS AND, IF APPLICABLE, AI SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS & CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR PLACE OF RESIDENCE TO PURCHASE AND USE PRODUCTS AND TO ENTER INTO THIS AGREEMENT. BY ACCEPTING DELIVERY OF A PRODUCT OR UPON PAYMENT TO LIGHTHOUSE FOR ANY PRODUCT OR AI SERVICE YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS & CONDITIONS.

Each purchase of one or more Products will be governed by the Terms & Conditions in effect and adopted by Lighthouse as of the date of such purchase.  A subscription to AI Services will be governed by the Terms & Conditions then in effect.  If any revision or update is made to the Terms & Conditions, Lighthouse will notify each subscriber to AI Services. If you have any questions regarding these Terms & Conditions, you can contact Lighthouse.

PLEASE REVIEW THESE TERMS & CONDITIONS CAREFULLY AS IT CONTAINS PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING, WITHOUT LIMITATION, SECTION 9 WHICH PROVIDES FOR BINDING ARBITRATION AND A TIME LIMIT ON SUBMITTING CLAIMS AGAINST LIGHTHOUSE. As a consumer, you have certain legal rights. The disclaimers, exclusions, and limitations of liability under these Terms & Conditions will not apply to the extent prohibited by applicable law.

1.     Intended Use of Products & AI Services.

Lighthouse’s website, Products and AI Services are intended for retail sales to private customers only. Please contact Lighthouse if you wish to purchase any wholesale supplies. The Products and AI Services are not intended for government use. You may not use or otherwise export or re-export the Product or any software included in or with any Product and, if applicable, AI Services except as authorized by United States (“U.S.”) law and the laws of the jurisdiction(s) in which the Product was obtained. In particular, but without limitation, Products may not be exported or re-exported: (a) into any U.S. embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Product and, if applicable, AI Services, you represent and warrant that you are not located in any such country or on any such list.

The Products and AI Services have been designed, marketed and sold for use by residents of the U.S. and Canada. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English. The Products are not intended for use outside of the U.S. and Canada. If you access Lighthouse’s website outside of the U.S. or Canada, and/or purchase any Product and, if applicable, AI Services for use outside of the U.S. or Canada, you are responsible for complying with all applicable local laws, rules or regulations. You understand and acknowledge that some or all of the features of Lighthouse’s Products and AI Services may not function outside of the U.S. and Canada or may not be lawfully used outside of the U.S. and Canada. Lighthouse does not accept any liability or responsibility for any loss, damage or injury of any kind caused by or related to your access of Lighthouse’s website, or your purchase of Products and, if applicable, subscription to AI Services, outside of the U.S. and Canada or for use outside of the U.S. and Canada.

2.     Compatibility, Inspection & Return.

You acknowledge and agree that it is your sole responsibility to verify the compatibility of the Products you are purchasing with other equipment in your home (e.g., ensuring that your computer and/or electrical systems are compatible with the Products and, if applicable, AI Services). You acknowledge and agree that any lack of compatibility is not a valid claim under the warranty provided with your Products and, if applicable, AI Services and does not otherwise constitute a basis for receiving a refund after the thirty (30) day refund policy described here.

3.     Pricing and Reservations for Pre-Orders.

In the event Lighthouse offers Products or AI Services for pre-order, pre-order prices are applicable for thirty (30) days, or such other time as specified in writing by Lighthouse. Prices are exclusive of taxes (sales, use, excise, value-added and similar taxes) and shipping charges.

Products and, as applicable, AI Services, displayed as available for reservation and pre-order are not currently offered for sale by Lighthouse. Your placement of a reservation and pre-order creates only an offer to Lighthouse to purchase the Product and, if applicable, AI Services under these Terms & Conditions, as they may be modified and amended from time to time. Your offer to purchase does not create a contract for sale.

In the event Lighthouse accepts your offer to purchase Products and, if applicable, AI Services, Lighthouse will capture payment at that time on the payment card you provided and ship your Product to the location designated in writing by you. Lighthouse may obtain an additional authorization from your payment card company to confirm necessary funds are available to purchase the Products and, if applicable, subscription to AI Services requested.

You may cancel your offer to purchase Products and, if applicable, subscription to AI Services at any time prior to shipment of any Product or delivery of any AI Services and you will not be charged. Lighthouse reserves the right to cancel or refuse any order for any reason at any time prior to shipment. Lighthouse may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete or accept your order.

4.     Payment

By providing a credit card or other payment method accepted by Lighthouse, you represent and warrant that you are authorized to use the designated payment method and that you authorize Lighthouse (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem encountered by Lighthouse in order to proceed with your order. In the event you want to change or update payment information associated with your Lighthouse account, you can do so at any time by logging into your account and editing your payment information.

You agree that, in the event you do not timely make payment to Lighthouse, you may pay interest on all late payments in accordance with the policies of Lighthouse’s subscription payment provider. You shall reimburse Lighthouse for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees. In addition, Lighthouse shall be entitled to suspend the delivery of any Product and, if applicable, AI Services to you if you fail to timely pay any amounts due and such failure continues for seven (7) days. You understand and agree that you are not permitted to withhold any payment owed to Lighthouse by reason of any set-off of any claim or dispute you may have with Lighthouse.

5.     AI Services

a)     Subscription Plans. Lighthouse offers different subscription plans for its AI Services which are more fully described on its website, which can be accessed here.

b)     PayOnce” Subscriptions. Purchasers of PayOnce Subscriptions expressly acknowledge and agree that Lighthouse is authorized to charge you a one-time fee for use of Lighthouse’s AI Services.

c)      Continuous Subscriptions. Purchasers of Continuous Subscriptions to any of Lighthouse’s AI Services expressly acknowledge and agree that (1) Lighthouse is authorized to charge you a monthly, semi-annual or annual subscription service fee (with the date on which each payment is made, your “Renewal Date”) depending on the billing cycle you choose (in addition to any applicable taxes) for as long as your subscription continues, and (2) your subscription will continue until you cancel it pursuant to Section 5(e) or such AI Service is suspended, discontinued or terminated in accordance with Lighthouse’s Terms of Service.

d)     Billing. All subscribers to AI Services are required to maintain an active and current payment method with their Lighthouse account. Lighthouse automatically bills the payment method associated with your Lighthouse account at the time of your purchase for PayOnce Subscriptions or on a monthly, semi-annual or annual basis for Continuous Subscriptions; provided, however, that billing for AI Services, whether PayOnce or Continuous Subscriptions, will not occur until after the “free trial period” as advertised on the Lighthouse website at the time on which you initially purchased the AI Services (the “Free Trial Period”). For Continuous Subscriptions, in the event you later decide to purchase additional AI Services (each, an “Additional Service”), at the time of such purchase, you will pay a prorated subscription fee calculated based on the amount of time remaining until your next Renewal Date. On your next Renewal Date after such purchase, the normalized monthly, semi-annual or annual subscription fee for all subscribed AI Services will be due and payable. You acknowledge that the amount billed may vary due to promotional offers, changes in your AI Services subscriptions and changes in applicable taxes, and you authorize us to charge your payment method for the corresponding amounts.

e)     Cancellations and Refunds. You may cancel your AI Services at any time by logging into your Lighthouse account and selecting “Cancel Subscription.” You acknowledge and agree that merely un-pairing a Product from an AI Service will not trigger cancellation of the AI Service. In the event you cancel an AI Service, Lighthouse will discontinue providing such AI Service as of your next Renewal Date; provided, however, that such cancellation must be requested prior to your next Renewal Date (the “Cancellation Date”).  Failure to cancel AI Services by the Cancellation Date will result in your obligation to pay for AI Services through the next occurring Renewal Date. 

6.     Sales Tax.

Depending on the order, customer’s location, and applicable law, Lighthouse may calculate and charge you sales tax and you agree to pay such tax.

7.     Shipping & Delivery.

The Product will be delivered within a reasonable time after the receipt of your payment, subject to availability of the Product purchased. Unless otherwise agreed in writing, Lighthouse will deliver the Product to the location designated by you (the “Delivery Point”) using Lighthouse’s standard methods for packaging and shipping such Product. Once the Product is delivered to the Delivery Point, the risk of loss of the Product shall pass to you.

If, for any reason, you fail to accept any Product at delivery, or if Lighthouse is unable to deliver the Product to the Delivery Point because you have not provided appropriate instructions or address information, the risk of loss to the Product shall pass to you. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to our warehouse.

8.     Returns for Refund.

Returns for refund of the purchase price of a Product are permitted only as provided under the terms of Lighthouse’s thirty (30) day satisfaction guarantee policy, found here.

9.     Dispute Resolution & Arbitration 

a)     Definitions. As used in this Section 9, the terms “you” and “your” refer to you as well as other individuals or entities you allow to access or use the Products and/or AI Services, and any legal entity you control, work for, or represent when you access or use the Products and/or AI Services. “Claims” means all claims, disputes, or controversies between you and Lighthouse of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Products or AI Services. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Section 9.

b)     Mandatory Informal Efforts to Resolve Dispute. If a dispute arises between you and Lighthouse, you must first attempt to resolve your dispute by sending an email to support@light.house or by sending the details of your complaint, including your contact information for a response, to the address listed below. Lighthouse will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt. Your failure to utilize these informal efforts to resolve the dispute will bar your Claims against Lighthouse.

c)      Agreement to Arbitrate; Right to Opt Out. If informal efforts to resolve Claims fail, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) you may assert Claims in a small claims court in the United States if your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD TO YOU ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND FORMS OF RELIEF AS A COURT COULD (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF AS WELL AS STATUTORY DAMAGES), AND MUST FOLLOW THE LAW AND TERMS OF THIS AGREEMENT AS A COURT WOULD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED.

IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY LIGHTHOUSE IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THIS AGREEMENT BY MAILING AN OPT-OUT REQUEST TO OUR CUSTOMER SERVICE CENTER LISTED BELOW . YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH LIGHTHOUSE, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH LIGHTHOUSE THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH LIGHTHOUSE OR THE DELIVERY OF PRODUCTS OR AI SERVICES TO YOU BY LIGHTHOUSE. IF YOU HAVE PREVIOUSLY NOTIFIED LIGHTHOUSE OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.

d)      Arbitration Fees . The allocation and payment of all filing, administration and arbitrator fees will be governed by the JAMS’ rules which limit the amount a consumer is required to pay. If the arbitrator determines that your Claims are not frivolous applying the standards of the Federal Rules of Civil Procedure, we agree to reimburse you the amount of all filing, administration and arbitrator fees you are required to pay for the arbitration.

e)      Arbitration Rules . The arbitration will be conducted by the Judicial Arbitration and Mediation Services (“JAMS”) under JAMS’ rules. If your use of the Products has been principally for personal or household use, the JAMS’ procedures for consumer-related disputes including the minimum fairness standards will also apply. Regardless of whether you are a resident of the United States or of a country other than the United States, the arbitration will be conducted by the JAMS in San Francisco, California, under its rules for international arbitration, and you and Lighthouse agree to submit to the personal jurisdiction of the U.S. federal court in San Francisco, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control.

The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with at least fifteen (15) years’ experience in consumer and technology transactions and who is also a member of the JAMS’ roster of arbitrators. If you and Lighthouse cannot agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the JAMS will pick a neutral arbitrator who meets the qualifications. The JAMS rules are available at http://www.jamsadr.com , or by calling 1-800-352-5267 from inside the United States or +44 207 583 9808 from outside the United States.

f)       Initiating Arbitration . To begin an arbitration proceeding, you must follow the procedures specified by the applicable JAMS rules as described on their website at http://www.jamsadr.com .

g)      Time Restriction . YOU MUST FILE A COMPLAINT WITH JAMS OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.

h)      Arbitration Process . Because appearing in person for arbitration can be unduly burdensome in certain circumstances, arbitration under this Section 9 shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the JAMS that is the most convenient for you.

The arbitration can only decide Claim(s) between you and Lighthouse, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable JAMS rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.

In conducting the arbitration proceeding, the arbitrator will apply the law of the State of California (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g. the Federal Arbitration Act). The confidentiality provisions of this Agreement will be enforceable under the provisions of the California Uniform Trade Secrets Act, California Civil Code Section 3426, as amended. At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the JAMS’ rules or the Federal Arbitration Act.

i)        Recovery and Attorneys’ Fees . If the arbitrator rules in your favor on the merits of any Claim you bring against Lighthouse and issues you an award that is greater in monetary value than our last written settlement offer made to you before written submissions are made to the arbitrator, then Lighthouse will (i) pay you 150% of your arbitration damages award, up to a maximum amount of $1,000 over and above your damages award; and (ii) pay your attorneys, if any, the amount of reasonable attorneys’ fees actually incurred, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably incurred for investigating, preparing, and pursuing your Claim in arbitration. The right to attorneys’ fees and expenses discussed above supplements any right to attorneys’ fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys’ fees or costs. If your use of the Products was principally for personal or household use, neither party will be entitled to any award of punitive or special damages and Lighthouse waives any right Lighthouse may have to seek an award of attorneys’ fees and expenses from you in connection with any arbitration of Claims between you and Lighthouse.

j)        Confidentiality . You and Lighthouse shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to your or Lighthouse’s attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.

k)      Continuing Obligation to Arbitrate; Severability . This Section 9 shall survive termination of your access to or use of any Products and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Section 9.

Lighthouse Customer Service Center Address:

Lighthouse AI, Inc.

ATTN: LEGAL/ARBITRATION

380 Portage Avenue

Palo Alto, California 94306

10. Warranties, Disclaimers & Limitation of Liability.

All Products and AI Services are provided on an “as-is” basis. To the extent permitted by applicable law, LIGHTHOUSE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In no event will Lighthouse be responsible or liable for any special, indirect or similar damage, including without limitation, any and all losses, liability, damages, or injury to your home, electrical systems, computer systems, or other electronic devices resulting from use of Lighthouse’s Products or AI Services.

Nothing in these Terms & Conditions and in particular within this Section 10 shall attempt to exclude or limit liability that cannot be excluded under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (1) LIGHTHOUSE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR AI SERVICES, EVEN IF LIGHTHOUSE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (2) LIGHTHOUSE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND AI SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO LIGHTHOUSE OR LIGHTHOUSE’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR SIX (6) MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. LIGHTHOUSE DISCLAIMS ALL LIABILITY OF ANY KIND RELATED TO LIGHTHOUSE’S LICENSORS AND SUPPLIERS AND THEIR ACTIONS OR OMISSIONS.

11. Data Protection.

You agree and understand that Lighthouse may store, share, process and use data collected from your order in compliance with the Privacy Policy.

12. Electronic Communications & Notifications.

You agree that all agreements, notices, disclosures and other communications Lighthouse provides to you electronically (whether through its website or by email correspondence) satisfy any legal requirement that such communications be in writing. When you submit your order, Lighthouse collects and stores your email address. Your email address will be used to send you information about Lighthouse’s Products and AI Services unless you opt-out of such emails using the opt-out link in the emails.

Lighthouse may provide notifications to you as required by law or for marketing or other purposes via email to the primary email associated with your Lighthouse account, hard copy, or posting of such notice on its website (with such method chosen in Lighthouse’s sole and absolute discretion). Lighthouse is not responsible for any automatic filtering you or your network provider may apply to email notifications.

13. Force Majeure.

Lighthouse is not liable or responsible for any delays in delivery, failure to perform, or delay in performance of, any Product or AI Service that is caused by an act or event beyond Lighthouse’s reasonable control, including without limitation, acts of God, natural disasters, acts or omissions of other parties, material shortages, changes in law, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

14. Protection of Confidentiality & Intellectual Property Rights.

All software or other intellectual property provided by Lighthouse is licensed and not sold. Nothing herein shall be construed to grant any rights or license to use any of Lighthouse’s intellectual property in any manner or for any purpose not expressly permitted in writing. By using the Products or AI Services, you agree not to reverse engineer, de-compile or attempt to discover any source code or underlying ideas of the Products or AI Services. Notwithstanding the foregoing, Lighthouse may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

15. Severability & Survival.

If any part of these Terms & Conditions is found to be illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof shall be fully severable from these Terms & Conditions and all other provisions shall remain in full force and effect and shall be liberally construed to carry out the provisions and intent hereto. Any provision which, by its terms, extends beyond the expiration of these Terms & Conditions or the cancellation of any order, including without limitation Sections 9-15, shall remain in full force and effect until fulfilled or performed and shall inure to the benefit of and be binding upon Lighthouse and you, and Lighthouse’s and your respective successors and assigns.

16. Waiver.

Failure or delay by Lighthouse to enforce any these Terms & Conditions will not constitute a waiver of its rights against you and does not affect its right to require future performance thereof.

17. Governing Law & Jurisdiction.

These Terms & Conditions are governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for Santa Clara County, California for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in Section 9, above.

2736795.6

Terms of Service


Lighthouse Al, Inc. (“Lighthouse”) provides: (1) a Lighthouse user account website that may be accessed via https://www.light.house/  (or any other website that Lighthouse may subsequently use (each a “Site”), (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
the artificial intelligence services provided by Lighthouse  (“Subscription Services”), all for use in conjunction with the Lighthouse Camera (“Camera”) and in other ways that Lighthouse provides. Some Lighthouse Camera and Services can be used together or in ways that integrate with Camera 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 Camera. Please read these terms carefully. THEY REQUIRE THE USE OF MANDATORY BINDING ARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE FOLLOW THE INSTRUCTIONS IN THE DISPUTE RESOLUTION AND ARBITRATION SECTION BELOW IF YOU WISH TO OPT OUT OF THIS PROVISION. The term “you,” as used in these Terms, means any person or entity who accesses or uses the Services or Camera and any person or entity who creates an Account (as defined in Section 2(a)) and accepts these Terms, including Owners, Authorized Users (as defined in Section 2(b)), and the parents or guardians of Authorized Users, as applicable (as described in Section 1(b)(ii)). These Terms give you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. THE DISCLAIMERS, EXCLUSIONS, MANDATORY AND BINDING ARBITRATION, LIMITATIONS OF LIABILITY, INDEMNIFICATION, WAIVER OF JURY TRIAL, WAIVER OF CLASS ACTION AND WAIVER OF PUNITIVE DAMAGES UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.

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 CAMERA, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS AND USE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY (SUBJECT TO SECTION 1(b)(ii) BELOW) TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE, SUBJECT TO SECTION 1(b)(ii) BELOW, OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND CAMERA AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD DISCONNECT YOUR CAMERA FROM YOUR ACCOUNT (AS DESCRIBED BELOW) AND CEASE ACCESSING OR USING THE SERVICES AND CAMERA.

AS DESCRIBED BELOW, YOU ARE CONSENTING TO SOFTWARE UPDATE OF THE SERVICES AND OF THE CAMERA CONNECTED TO THE SERVICES. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SERVICES AND CAMERA.

AS DESCRIBED BELOW, SECTIONS 4 AND 5 DESCRIBE IMPORTANT LIMITATIONS OF THE SERVICES AND CAMERA, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.

1. Overview, Eligibility, Customer Service, Term and Termination

(a) Overview and Relation to Other Agreements. These Terms govern your use of the Services and Camera. Your purchase of any Camera is governed by the limited warranty provided with that Camera (“Limited Warranty”) and may further be governed by the Terms & Conditions of Sale. The software embedded in the Camera (and any updates thereto) (“Camera Software”) is licensed and governed by the End User Licensing Agreement. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features. All additional guidelines, terms, or rules, and the Privacy Policy ("Lighthouse Privacy Policy") are incorporated by reference into these Terms and you are agreeing to accept and abide by them by using the Services and Camera.

 

(b) Eligibility. (i) You may use the Services and Camera only if you have the legal capacity to form a binding contract with Lighthouse (except subject to the provisions of clause (1)(b)(ii) below), you accept these Terms through a Site, Web App or Mobile App, or by accessing or using the Services or Camera, and only if you are in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules, and regulations. Only individuals age 18 and older are permitted to act as Owners of Lighthouse Accounts. (ii) If you are an Authorized User, you represent and warrant that you are over the age of 13 (or equivalent minimum age in the jurisdiction where you reside), and in the event you are between the age of 13 (or equivalent minimum age in the jurisdiction where you reside) and the age of majority in the jurisdiction where you reside, that you will only use the Services and Camera under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Any use or access to the Services and Camera by individuals under the age of 13 (or equivalent minimum age in the jurisdiction where you reside) is strictly prohibited and is a violation of these Terms. The Services and Camera are not available to any users previously prohibited from using the Services and Camera by Lighthouse.

(c) Customer Service. If you have any questions or concerns regarding the Camera, the Services, or these Terms, please contact Lighthouse. You understand and agree that customer service and any customer care and support offered and provided by Lighthouse is not a 911 service or dispatch center, an emergency service provider or dispatch service, or a lifesaving solution for people at risk in their home or otherwise. PLEASE DO NOT CONTACT CUSTOMER SERVICE OR ANY CUSTOMER CARE AND SUPPORT OFFERED BY LIGHTHOUSE WITH ANY LIFE/SAFETY EMERGENCY, MEDICAL EMERGENCY, OR ANY OTHER EMERGENCY. IF YOU HAVE ANY SUCH EMERGENCY, YOU SHOULD IMMEDIATELY CONTACT THE POLICE, FIRE DEPARTMENT, 911 OR APPROPRIATE EMERGENCY RESPONSE SERVICE.

(d) Term and Termination. These Terms will remain in full force and effect so long as you continue to access or use the Services or Camera, or until terminated in accordance with the provisions of these Terms. At any time, Lighthouse may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you if Lighthouse in good faith believes that you have used the Services or Camera in violation of these Terms, including any incorporated guidelines, terms or rules. If you transfer a Camera to a new owner, your right to use the Services with respect to that Camera automatically terminates, and the new owner will have no right to use the Camera or Services under your Account (as described below) and will need to register for a separate Account with Lighthouse and accept these Terms.

(e) Effect of Termination. Upon termination of these Terms, your Account and your right to use the Services will automatically terminate.

2. Accounts

(a) Your Account. To use the Services and one or more Cameras, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services and Camera will not violate any U.S. or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your Account, and to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify Lighthouse of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Lighthouse is not liable for any loss or damage arising from your failure to comply with the above requirements.

(b) The initial Account associated with the Camera has the role Primary Owner.  The individual who creates the initial account is deemed the Primary Owner of the Camera associated with that Account. Individuals who are authorized to access a Primary Owner’s Camera and Services are “Authorized Users.” Authorized Users may have the ability to use the Services and monitor and control the Camera. Authorized Users may also have the ability to view information (including personal information) and content across all of a Primary Owner’s Camera and Services. Authorized Users must create their own Accounts and agree to the Terms in order to use the Camera and Services.  Authorized Users are responsible for their own actions in connection with the Camera and Services, but Primary Owner also hereby agrees to be fully responsible for all actions taken by Authorized Users relating to the Owner’s: Camera, Services and Account. If you are a Primary Owner (i.e., have an account with the role Owner) who invites or enables an Authorized User, you acknowledge and agree that such Authorized User may subsequently invite or enable other Authorized Users with the same access and ability to use your Camera and Services set out above. As a result, if you are a Primary Owner, you should authorize only those individuals that you trust to access your Account, Camera, and Services.

3. Access to Services

(a) Access and Use. Subject to these Terms, Lighthouse grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services by (i) using the Web Apps in connection with, and solely for the purpose of, controlling and monitoring the Camera you own or are authorized to control and monitor or otherwise accessing a service explicitly provided by Lighthouse for your use (the “Permitted Purpose”), and (ii) installing and using the Mobile Apps solely on your own handheld mobile device  and solely for the Permitted Purpose.

(b) Automatic Software Updates. Lighthouse may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and/or the Camera Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services and the Camera. If you do not terminate a previously created Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Services and the Camera and you agree to promptly install any Updates Lighthouse provides. Your continued use of the Services and the Camera is your agreement – (i) to these Terms with respect to the Services and Camera, (ii) to the End User License Agreement with respect to updated Camera Software; and (iii) any change or updates that Lighthouse may make to these Terms or the End User License Agreement over time.

 

 (c) Certain materials may be displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, video, images, and illustrations (“Content”). The Content also includes information that you and other users provide us in the course of using the Services (collectively, “User Submissions”), which we may use to provide, maintain and improve the Services. Some content may be visible to others (for example, the Service allows you to upload, post, or otherwise share video content). You may also post feedback, comments, questions, or other information on the Sites. You are solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, or that you contribute in any manner to the Services; you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it; and you license to Lighthouse all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. Lighthouse reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all.

(d) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) unless explicitly permitted by the Term, you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Camera; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services or Camera; (iii) you agree not to access the Services or Camera in order to build a similar or competitive service or Camera; (iv) except as expressly stated herein, no part of the Services or Camera may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Camera, the Camera Software, or any other system, device or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by Lighthouse; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services or Camera. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.

(e) Open Source. Certain items of independent, third party code may be included in the Web Apps and/or Mobile Apps that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. In particular, nothing in these Terms restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL.

(f) Privacy. Please review the Privacy Policy for Lighthouse located here. These documents describe practices regarding the information that Lighthouse may collect from users of the Camera, Camera Software, and/or Services including any content or user submissions

(h) Security. Lighthouse uses various security measures to protect your information.  Details of the various security measures are provided here.  Lighthouse cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk

(i) Modification. Lighthouse reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Lighthouse will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

(j) Access Outside Certain Countries. Although the Sites are accessible worldwide, the Camera and Services provided or accessed through or on the Sites are not available to all persons or in all countries. If you choose to access the Sites from outside a country in which Lighthouse supports the Camera and Services listed here ("Target Country"), you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Sites are not designed for use in a non-Target Country and some or all of the features of the Sites may not work or be appropriate for use in such a country. To the extent permissible by law, Lighthouse accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Sites or Lighthouse Camera in a non-Target Country. You will be bound by these Terms wherever you access or use the Sites or use the Services.

4. Agreed Usage and Limitations of Lighthouse Services and Camera

(a) Intended Use of Lighthouse Services. The Services are intended to be accessed and used for non-time-critical information and control of Lighthouse Camera. 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 Lighthouse’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Lighthouse is not responsible for any damages allegedly caused by the failure or delay of the Services.

(b) No Life-Safety or Critical Uses of the Camera and Services. You acknowledge and agree that the Camera and Services are not certified for emergency response. YOU UNDERSTAND THAT THE CAMERA AND CAMERA SOFTWARE ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM -- LIGHTHOUSE DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. In addition, the Lighthouse customer support contacts cannot be considered a lifesaving solution for people at risk in the home, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services..

(c) Reliability of Services. You acknowledge that the Services, including remote access and mobile notifications, are not error-free or 100% reliable and 100% available. Proper functioning of the Services relies and is dependent on, among other things, the transmission of data through your Wi-Fi network, enabled wireless device and broadband internet access, for which neither Lighthouse nor any wireless or data carrier is responsible, and may be interrupted, delayed, refused, or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, unavailability of radio frequency channels, system capacity, upgrades, repairs or relocations, and priority access by emergency responders in the event of a disaster or emergency (collectively “Service Interruptions””). You understand that Service Interruptions may result in the Services being unreliable or unavailable for the duration of the Service Interruption. We cannot and do not guarantee that you will receive notifications in any given time or at all. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON YOUR LIGHTHOUSE CAMERA ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. There is no way for Lighthouse to provide specific information relating to a situation in your home or elsewhere. You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.

(d) Service Interruptions; no refund or rebate. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. Lighthouse does not offer any specific uptime guarantee for the Services.

(e) System Requirements. The Services will not be accessible without: (i) a working Wi-Fi network in your home that is positioned to communicate reliably with the Camera; (ii) an Account; (iii) an enabled and supported wireless device, such as a phone or tablet (required for some features and functionalities of the Service); (iv) always-on broadband Internet access in your home with bandwidth sufficient to support the Camera you use; and (v) other system elements that may be specified by Lighthouse. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met. If you modify, substitute, move, or otherwise change any of the required system elements, it is your sole duty and responsibility to be sure they are compatible and properly configured to work with the Camera and Services.

 (f) The Services provide you information (“Camera Information”) regarding the Camera in your home and their connection with other Camera and Services. All Camera Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing Camera Information through the Services is not a substitute for direct access of the information in the home.

(g) All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which (or from whose account) such Content originated and Lighthouse will not be liable for any errors or omissions in any Content. Lighthouse cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we cannot guarantee the authenticity of any data that users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.

(h) You warrant, represent and agree that you will not contribute any Content or otherwise use the Services or Camera in a manner that: (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation or is otherwise illegal; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Lighthouse; (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; (vi) jeopardizes the security of your Account or anyone else’s Account; (vii) attempts, in any manner, to obtain or access the password, Account, Camera from any other user or third party; (viii) violates the security of any computer network, or cracks any passwords or security encryption codes; (ix) that interferes with the proper working of the Services; (x) copies or stores any significant portion of the Content; (xi) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Camera or Services; or (xii) denigrates or disrupts any network capacity or functionality.

(i) Data protection and privacy laws where you live may impose certain responsibilities on you and your use of the Camera and Services. You agree that you (and not Lighthouse) are responsible for ensuring that you comply with any applicable laws when you use the Camera and Services, including but not limited to (i) any laws relating to the recording or sharing of video or audio content that includes third parties, or (ii) any laws requiring notice to or consent of third parties with respect to your use of the Camera.

(j) Installation, test and use. It is your responsibility to install and use the Camera and Services pursuant to the applicable manual and instructions. IF A CAMERA IS NOT PROPERLY INSTALLED YOU MAY EXPERIENCE FALSE ALARMS OR DETECTION FAILURES. It is your responsibility to test the Camera once installed to be sure the Camera is functioning and communicating as intended and designed, and then regularly test and maintain the Camera after installation.

5. Limitations Of Lighthouse Services Due to Third Parties.

(a) Third Party Service Providers Used by Lighthouse. You acknowledge that Lighthouse uses third party service providers to enable some aspects of the Services.  YOU AGREE NOT TO RELY ON THE SERVICES FOR ANY LIFE SAFETY OR TIME-CRITICAL PURPOSES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE AND HOLD HARMLESS THIRD-PARTY SERVICE PROVIDERS FROM ALL LIABILITY, DAMAGES OR LOSSES OF ANY KIND OR SORT, PERSONAL INJURY OR LOSS OF LIFE ARISING FROM YOUR USE OF THE CAMERA AND SERVICES.

(b) Equipment, ISP, and Carrier. You acknowledge that the availability of the Services is dependent on (i) your computer, mobile device, home wiring, home Wi-Fi network, Bluetooth connection, and other related equipment (“Equipment”), (ii) your Internet service provider (“ISP”), and (iii) your mobile device carrier (“Carrier”). You acknowledge that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the Services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and Carrier.

(c) App Stores. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third-party websites from which you download the Mobile Apps. You acknowledge that these Terms are between you and Lighthouse and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

(d) Third Party Website Links and Referrals. The Sites may contain links to other web sites operated by third parties (“Third Party Sites”) and referrals to third party vendors (“Referred Vendors”). Such Third-Party Sites and Referred Vendors are not under our control. Lighthouse provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Sites or Referred Vendors. Your use of these Third-Party Sites is at your own risk.

(e) Authorized Users. Lighthouse is not responsible for any Authorized User’s behavior, or for any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to their use of the Services.

(f) Release Regarding Third Parties. Lighthouse is not responsible for third parties, including, without limitation, the App Stores, Third Party Sites, Referred Vendors, Equipment, ISPs, and Carriers. Lighthouse hereby disclaims and you hereby discharge, waive and release Lighthouse and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their Camera and services. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.

6. Ownership and Intellectual Property

(a) Lighthouse Property. You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Camera, Camera Software, and Services are owned by Lighthouse or its affiliates or our licensors. Your possession, access, and use of the Camera, Camera Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Lighthouse and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.

You may only copy parts of the Services (including this Site) on to your own computer for your own personal use. You may not use the content of the Services in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own web site without the written consent of Lighthouse. You must have a license from us before you can post or redistribute any portion of the Services. Other than with respect to User Submissions, Lighthouse retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services or any content therein.

(b) Feedback. You may choose to, or Lighthouse may invite you to submit comments, suggestions, or ideas about the Camera or Services, including how to improve the Camera or Services (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Lighthouse under any fiduciary or other obligation. Lighthouse may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Lighthouse does not waive any rights to use similar or related ideas previously known to Lighthouse, developed by its employees, or obtained from other sources.

(c) User Submissions. You hereby grant us with a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right to access, display, or otherwise use your User Submissions (including all related intellectual property rights) solely in connection with providing you the Services and as directed by you. You also hereby do and shall grant each user of the Services a non-exclusive license to access and use your User Submissions through the Services and as permitted through the functionality of the Services and under these Terms. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Lighthouse does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing.

7. INDEMNITY FOR THIRD PARTY ACTIONS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, RELEASE AND HOLD LIGHTHOUSE AND ITS LICENSORS AND SUPPLIERS (COLLECTIVELY THE “LIGHTHOUSE PARTIES”) HARMLESS FROM AND AGAINST (I) ALL CLAIMS, ACTIONS, LAWSUITS AND ANY OTHER LEGAL ACTION BROUGHT BY ANY THIRD PARTY AGAINST ANY OF THE LIGHTHOUSE PARTIES ARISING FROM OR RELATING TO (A) YOUR USE AND EACH AUTHORIZED USER’S USE OF THE CAMERA OR SERVICES, (B) YOUR OR YOUR AUTHORIZED USERS’ VIOLATION OF THESE TERMS, (C) ANY USER SUBMISSIONS OR FEEDBACK YOU PROVIDE; OR (D) YOUR OR YOUR AUTHORIZED USERS’ VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD-PARTY (COLLECTIVELY ”THIRD PARTY ACTIONS”); AND (II) ANY AND ALL RELATED LOSSES, DAMAGES, SETTLEMENTS AND JUDGMENTS (INCLUDING PAYMENT OF THE LIGHTHOUSE PARTIES’ ATTORNEYS’ FEES AND COSTS) INCURRED BY ANY OF THE LIGHTHOUSE PARTIES, ASSESSED OR FOUND AGAINST ANY OF THE LIGHTHOUSE PARTIES, OR MADE BY ANY OF THE LIGHTHOUSE PARTIES, RELATING TO OR ARISING FROM ANY SUCH THIRD PARTY ACTION (“THIRD PARTY RELATED LOSSES”). YOU UNDERSTAND AND AGREE THAT YOUR INDEMNIFICATION OBLIGATION TO THE LIGHTHOUSE PARTIES APPLIES EVEN IF SUCH THIRD-PARTY ACTION AND THIRD PARTY RELATED LOSSES ARISE FROM THE NEGLIGENCE OF ANY KIND OR DEGREE, BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NON-COMPLIANCE WITH APPLICABLE LAW, OR OTHER FAULT OR WRONGDOING OF ANY OF THE LIGHTHOUSE PARTIES. HOWEVER, NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO REQUIRE ANY INDEMNIFICATION WHICH WOULD RENDER OR MAKE THIS CLAUSE, IN WHOLE OR IN PART, VOID AND/OR UNENFORCEABLE UNDER APPLICABLE LAW. FURTHER, YOUR INDEMNIFICATION OBLIGATION SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF THE LIGHTHOUSE PARTIES, OR GROSS NEGLIGENCE OF THE LIGHTHOUSE PARTIES IN THOSE STATES THAT DO NOT PERMIT INDEMNIFICATION FOR GROSS NEGLIGENCE. “THIRD PARTY” IS DEFINED HEREIN TO INCLUDE, AMONG OTHERS, AN AUTHORIZED USER, AN UNAUTHORIZED USER, A SPOUSE, PARTNER, FAMILY MEMBER, GUEST, NEIGHBOR, TENANT, EMPLOYEE OR INSURANCE COMPANY. Lighthouse reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Lighthouse and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Lighthouse’s prior written consent. Lighthouse will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

8. Warranty Disclaimers

(a) THE WARRANTY FOR THE CAMERA AND CAMERA SOFTWARE ARE SET FORTH IN THE LIMITED WARRANTY AND THE END USER LICENSE AGREEMENT, RESPECTIVELY.

(b) THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND LIGHTHOUSE AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

(c) LIGHTHOUSE AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIGHTHOUSE OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.

(d) LIGHTHOUSE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE CAMERA OR SERVICES  OR ANY HYPERLINKED WEBSITE OR SERVICE, AND LIGHTHOUSE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH CAMERA OR SERVICES.

(e) LIGHTHOUSE MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND LIGHTHOUSE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. LIGHTHOUSE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR CAMERA OFFERED OR PURCHASED THROUGH THE SERVICES.

(f) THE SERVICES MAY PROVIDE YOU INFORMATION REGARDING YOUR CAMERA (“CAMERA INFORMATION”) OR OTHER PERIPHERALS CONNECTED TO YOUR CAMERA (“CAMERA PERIPHERALS”). THE TYPE OF CAMERA PERIPHERALS THAT MAY BE CONNECTED TO YOUR CAMERA MAY CHANGE FROM TIME TO TIME. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL CAMERA INFORMATION IS PROVIDED FOR YOUR CONVENIENCE “AS IS”, AND “AS AVAILABLE”. LIGHTHOUSE DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT CAMERA INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE.

9. Other Disclaimers

(a) WHEN YOU INSTALL, SETUP OR USE THE CAMERA AND SERVICES YOU ARE GIVEN THE OPPORTUNITY TO CHANGE DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE NON-RECOMMENDED OR UNINTENDED OPERATION OR NON-OPERATION OF YOUR CAMERA AND SERVICES AND ANY CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR ANY DAMAGES AND LOSSES CAUSED BY, OR RELATED TO, THE CHOICES YOU MAKE FOR THE PARTICULAR SETTINGS FOR THE CAMERA AND SERVICES, AND SETTING OR CHANGING DEFAULTS.

(b) YOU UNDERSTAND AND AGREE THAT SOME OF THE SERVICES INCLUDE  NOTIFICATION, SIGNALING AND DETECTION. THOSE SERVICES DO NOT ELIMINATE OCCURRENCES OF EVENTS, SUCH AS FIRES, FLOODS, BURGLARIES, ROBBERIES, AND MEDICAL ISSUES. FURTHER, YOU UNDERSTAND AND AGREE THAT THOSE SERVICES MAY NOT AVERT OR MINIMIZE SUCH OCCURRENCES OF EVENTS, OR THEIR CONSEQUENCES, AND, THEREFORE, LIGHTHOUSE MAKES NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE) THAT THE CAMERA AND SERVICES WILL SO AVERT OR MINIMIZE SUCH OCCURRENCES OF EVENTS, OR THEIR CONSEQUENCES.

10. Waiver of Subrogation

You should protect against any risk of loss with the appropriate insurance coverage, and you are responsible for obtaining all insurance coverage you believe is necessary. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND THE APPLICABLE POLICY OR POLICIES OF INSURANCE YOU OBTAIN AND MAINTAIN, YOU RELEASE LIGHTHOUSE AND ITS LICENSORS AND SUPPLIERS FROM ALL LIABILITY FOR ANY LOSS, OCCURRENCE, EVENT OR CONDITION COVERED BY YOUR INSURANCE.

11. LIMITATION OF LIABILITY

Nothing in these Terms and in particular within this "Limitation of Liability" clause shall be interpreted or construed to limit or exclude liability that cannot be so limited or excluded under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE WARRANTY AND OTHER DISCLAIMERS IN THESE TERMS, IN NO EVENT WILL (A) LIGHTHOUSE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICES OR THE CAMERA, EVEN IF LIGHTHOUSE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) LIGHTHOUSE’S TOTAL CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF LIFE OR ANY OTHER DAMAGES NOT EXCLUDED OR PRECLUDED PURSUANT TO (A) ABOVE, ARISING FROM OR RELATED TO THE SERVICES OR THE CAMERA, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT NEVER TO EXCEED TWO (2) TIMES THE FEES ACTUALLY PAID BY YOU TO LIGHTHOUSE OR LIGHTHOUSE’S AUTHORIZED RESELLER FOR THE SERVICES OR THE CAMERA AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). LIGHTHOUSE DISCLAIMS ALL LIABILITY OF ANY KIND OF LIGHTHOUSE’S LICENSORS AND SUPPLIERS. UNDER NO CIRCUMSTANCES WILL LIGHTHOUSE 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 REGARDING USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

YOU UNDERSTAND AND AGREE THAT THIS LIMITATION OF LIABILITY IN THIS SECTION 12 SHALL APPLY EVEN IF LIGHTHOUSE IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, STRICT CAMERA LIABILITY, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY. HOWEVER, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF LIGHTHOUSE OR GROSS NEGLIGENCE OF LIGHTHOUSE IN THOSE STATES THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE.

12. Fees and Payment

Certain Services may be provided for a fee. You shall pay all applicable fees regarding the Services selected by you in accordance with the Terms & Conditions of Sale.

13.Dispute Resolution & Arbitration

 

a)    Definitions. As used in this Section 13, the terms “you” and “your” refer to you as well as other individuals or entities you allow to access or use the Products and/or AI Services, and any legal entity you control, work for, or represent when you access or use the Products and/or AI Services. “Claims” means all claims, disputes, or controversies between you and Lighthouse of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Products or AI Services. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Section 13.

b)    Mandatory Informal Efforts to Resolve Dispute. If a dispute arises between you and Lighthouse, you must first attempt to resolve your dispute by sending an email to support@light.house or by sending the details of your complaint, including your contact information for a response, to the address listed below. Lighthouse will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt. Your failure to utilize these informal efforts to resolve the dispute will bar your Claims against Lighthouse.

c)     Agreement to Arbitrate; Right to Opt Out. If informal efforts to resolve Claims fail, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) you may assert Claims in a small claims court in the United States if your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD TO YOU ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND FORMS OF RELIEF AS A COURT COULD (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF AS WELL AS STATUTORY DAMAGES), AND MUST FOLLOW THE LAW AND TERMS OF THIS AGREEMENT AS A COURT WOULD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED.

IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY LIGHTHOUSE IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THIS AGREEMENT BY MAILING AN OPT-OUT REQUEST TO OUR CUSTOMER SERVICE CENTER LISTED BELOW. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH LIGHTHOUSE, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH LIGHTHOUSE THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH LIGHTHOUSE OR THE DELIVERY OF PRODUCTS OR AI SERVICES TO YOU BY LIGHTHOUSE. IF YOU HAVE PREVIOUSLY NOTIFIED LIGHTHOUSE OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.

d)    Arbitration Fees. The allocation and payment of all filing, administration and arbitrator fees will be governed by the JAMS’ rules which limit the amount a consumer is required to pay. If the arbitrator determines that your Claims are not frivolous applying the standards of the Federal Rules of Civil Procedure, we agree to reimburse you the amount of all filing, administration and arbitrator fees you are required to pay for the arbitration.

e)    Arbitration Rules. The arbitration will be conducted by the Judicial Arbitration and Mediation Services (“JAMS”) under JAMS’ rules. If your use of the Products has been principally for personal or household use, the JAMS’ procedures for consumer-related disputes including the minimum fairness standards will also apply. Regardless of whether you are a resident of the United States or of a country other than the United States, the arbitration will be conducted by the JAMS in San Francisco, California, under its rules for international arbitration, and you and Lighthouse agree to submit to the personal jurisdiction of the U.S. federal court in San Francisco, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control.

The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with at least fifteen (15) years’ experience in consumer and technology transactions and who is also a member of the JAMS’ roster of arbitrators. If you and Lighthouse cannot agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the JAMS will pick a neutral arbitrator who meets the qualifications. The JAMS rules are available at http://www.jamsadr.com, or by calling 1-800-352-5267 from inside the United States or +44 207 583 9808 from outside the United States.

f)      Initiating Arbitration. To begin an arbitration proceeding, you must follow the procedures specified by the applicable JAMS rules as described on their website at http://www.jamsadr.com.

g)    Time Restriction. YOU MUST FILE A COMPLAINT WITH JAMS OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.

h)    Arbitration Process. Because appearing in person for arbitration can be unduly burdensome in certain circumstances, arbitration under this Section 13 shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the JAMS that is the most convenient for you.

The arbitration can only decide Claim(s) between you and Lighthouse, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable JAMS rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.

In conducting the arbitration proceeding, the arbitrator will apply the law of the State of California (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g. the Federal Arbitration Act). The confidentiality provisions of this Agreement will be enforceable under the provisions of the California Uniform Trade Secrets Act, California Civil Code Section 3426, as amended. At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the JAMS’ rules or the Federal Arbitration Act.

i)      Recovery and Attorneys’ Fees. If the arbitrator rules in your favor on the merits of any Claim you bring against Lighthouse and issues you an award that is greater in monetary value than our last written settlement offer made to you before written submissions are made to the arbitrator, then Lighthouse will (i) pay you 150% of your arbitration damages award, up to a maximum amount of $1,000 over and above your damages award; and (ii) pay your attorneys, if any, the amount of reasonable attorneys’ fees actually incurred, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably incurred for investigating, preparing, and pursuing your Claim in arbitration. The right to attorneys’ fees and expenses discussed above supplements any right to attorneys’ fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys’ fees or costs. If your use of the Products was principally for personal or household use, neither party will be entitled to any award of punitive or special damages and Lighthouse waives any right Lighthouse may have to seek an award of attorneys’ fees and expenses from you in connection with any arbitration of Claims between you and Lighthouse.

j)      Confidentiality. You and Lighthouse shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to your or Lighthouse’s attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.

k)     Continuing Obligation to Arbitrate; Severability. This Section 13 shall survive termination of your access to or use of any Products and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Section 13.

Lighthouse Customer Service Center Address:

Lighthouse AI, Inc.                 

ATTN: LEGAL/ARBITRATION

380 Portage Avenue

Palo Alto, California 94306

 

15. General

(a) Changes to these Terms. Lighthouse reserves the right to make changes to these Terms. Lighthouse email you and/or will post notice of changes to any one or more of the following: this page, a Site, Web Apps, or Mobile Apps. You should ensure that you have read and agree with the most recent Terms when you use the Services and Camera. Continued use of the Services and Camera following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms. IF YOU DO NOT AGREE WITH ANY OF THE CHANGES TO ANY OF THE TERMS, YOU SHOULD DISCONNECT YOUR CAMERA FROM YOUR ACCOUNT AND CEASE ACCESSING OR USING THE SERVICES AND CAMERA.

(b) Governing Law. These Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Camera and Services shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The courts in some states and countries may not apply California law to some types of disputes. If you reside in one of those states or countries, then where California law is excluded from applying, your state’s or country's laws will apply. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS IN OR FOR SANTA CLARA COUNTY, CALIFORNIA FOR THE PURPOSE OF LITIGATING ALL SUCH CLAIMS OR DISPUTES, UNLESS SUCH CLAIM OR DISPUTE IS REQUIRED TO BE ARBITRATED AS SET FORTH IN AN ABOVE SECTION.

(c) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, Lighthouse may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

(d) Entire Agreement/Severability. These Terms constitute the entire agreement between you and Lighthouse regarding the use of the Services and purchase of the Camera. Any failure by Lighthouse to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.

(e) Survivability. The obligations in Sections 3(d) and (e), 4, 6, 7, 8, 9, 10, 11, 13, and 15 will survive any expiration or termination of these Terms.

(f) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Lighthouse’s prior written consent. These Terms may be assigned by Lighthouse without restriction. These Terms are binding upon any permitted assignee.

(g) Notifications. Lighthouse may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, mobile notifications, hard copy, or posting of such notice on www.light.house. Lighthouse is not responsible for any automatic filtering you or your network provider may apply to email notifications. Lighthouse recommends that you add @light.house email addresses to your email address book to help ensure you receive email notifications from Lighthouse.

 (i) Copyright/Trademark Information. Copyright © 2017–, Lighthouse AI, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Services are the property of Lighthouse or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of Lighthouse or such respective holders. Lighthouse reserves the right to alter Camera and Services, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.

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Warranty
Lighthouse’s warranty and returns policies are subject to exclusions and limitations which can be found here.
  • Under Lighthouse’s 30-day satisfaction guarantee, you may return your product(s) to Lighthouse within thirty days of your original purchase from Lighthouse or an authorized reseller.
  • If you purchased the product directly from Lighthouse or an authorized reseller, Lighthouse will provide a one (1) year limited warranty from the date of purchase.
  • Under Lighthouse’s risk-free extension, anyone who purchases our 36 or 60 month Lighthouse and Service Bundle and wants to cancel or change to our 12 month plan within the first year of service will be refunded $100 or $200, respectively, simply by contacting support.
  • Please contact support@light.house if you need assistance.

Lighthouse Cookie Policy

Last Revised:  February 17, 2017

Lighthouse uses technologies on our websites and mobile/desktop services (the “Services”) to collect information that helps us improve your online experience.  In this Policy, we refer to these technologies, which include cookies, pixels, web beacons, gifs, and similar technologies as “cookies.”  This Policy explains the different types of cookies on the Services and how you can control them. We may change this Policy at any time -- please take a look at the “Last Revised” date at the top of this page to see when this Policy was last updated.  Any changes will become effective when we make the revised Policy available on or through the Services.

If you don’t want to receive cookies, you can change your browser settings as described below.  If you use the Services without changing your settings, we'll assume that you consent to receive cookies.  Please note that some features of the Services will not work properly without cookies.

What Are Cookies and What Types of Cookies Does Lighthouse Use?

Cookies are small text files that are stored on your computer or mobile device. Lighthouse uses two types of cookies, persistent and session. A persistent cookie is set once you’ve logged into your account. The next time you visit the Services using the same device, the persistent cookie will enable us to recognize you as an existing user, so you may not need to log in again.  A session cookie is used to identify a particular visit to the Services. Session cookies expire after a short time, or when you close your web browser.

Who Places Cookies on the Lighthouse Services?

Cookies may be set by Lighthouse when you use the Services, or they may be set by other sites or services that provide content and services on the pages you view (known as third-party cookies).

How Does Lighthouse Use Cookies?

Lighthouse uses cookies for a number of purposes, including:

  • Authentication.  We use cookies to recognize you if you are logged in to the Services.  This allows us to show you relevant information and personalize your experience.

  • Security.  We use cookies to support or enable security features we have deployed, and to help us detect malicious activity and violations of our terms.

  • Functionality and Preferences.  We may use cookies that allow us to remember the choices you make on the Services and to provide enhanced and more personalized features, such as customized webpages, remembering items in your shopping cart, saving your communication and language preferences, and helping you fill out forms.

  • Performance and Analytics.  We use these cookies to improve how the Services work. For example, they can tell us the most frequently visited pages on our websites, overall patterns of usage on the Services, and any difficulties you have with the Services.  

Performance cookies on the Services may include: Google Analytics and Mixpanel.

  • Targeting and Online Marketing.  We and our service providers may use cookies to deliver marketing content that we believe are more relevant to you and your interests. For example, we may use cookies to limit the number of times you see the same marketing content and to measure the effectiveness of our marketing campaigns. These cookies remember what you have looked at on the Services and we may share this information with others, such as marketers.   In some circumstances, third-party marketers may use their own cookies to collect information about your activities on the Services, other sites, and/or the marketing content you have clicked on. This information may be used by them to serve marketing content that they believe are most likely to be of interest to you. Third-party marketers may also use this information to measure the effectiveness of their marketing content. We do not control these cookies and to disable or reject third-party cookies, please refer to the relevant third party's website.   For more information about targeting and online marketing cookies and how you can opt out, you can visit youronlinechoices.com/uk/your-ad-choices or allaboutcookies.org/manage-cookies/index.html.  You can also see the “Tailored Marketing” section of our Privacy Policy. 

Targeting and marketing cookies on the Services may include DoubleClick, AdRoll, and AppNexus.

  • Third party plug-ins.  To enhance the Services, we may also provide access to third-party services and plug-ins, such as the ability to link your Lighthouse account to a social media account (e.g., Facebook).  When you use these features, the third parties who control them may use cookies to make the feature work and to collect usage information. 

Third-party plug-in cookies on the Services may include: Facebook and Twitter.

  • Flash Cookies. We may use local shared objects (also known as “Flash cookies”) to assist in delivering special content, such as video clips or animation.  Flash cookies are stored on your device, but they are not managed through your web browser.  Please see the Adobe website for comprehensive information on how to delete or disable Flash cookies.

How Do I Opt Out of Cookies?

You may refuse to accept cookies from the Services at any time by activating the setting on your browser which allows you to refuse cookies. Further information about the procedure to follow in order to disable cookies can be found on your Internet browser provider's website via your help screen. You may wish to refer to allaboutcookies.org/manage-cookies/index.html for information on commonly used browsers. Please be aware that if cookies are disabled, not all features of the Services may operate as intended.