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Terms and Conditions

Welcome to MivaLife, a brand of MivaTek, formerly Oplink Connected ("we", "our", "us"). Thank you for using our product and services. By using our products and services, you are agreeing to these terms and conditions ("Terms"). Please read them carefully. If you reject these Terms, you must cease to use our application from your mobile device immediately and return your product within the applicable return period. Please contact your seller for detailed information on returning your product. If you purchased the product from our website, please contact our Customer Support for further instructions on returning a product due to your rejection of these Terms.

1.SCOPE OF SERVICE

Subject to the Terms, we may provide to you certain services, which include, without limitation, self-monitored mobile-based alarm, surveillance, monitoring, personal emergency care, use of the website, and use of the mobile application ("Services"). Details of the Services are fully described on Website. The Services are for your own use, and not for the use or benefit of any third party. We may change, suspend or discontinue the Services at any time, including the availability of any feature, database, connectivity, or content associated therewith. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You may only use the Services and products in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services or products. We can’t and won’t be responsible for your using the Services or products in a way that breaks the law. You may only use our products in connection with the Services, and for no other use. We reserve the right, in our sole discretion, to modify this agreement at any time by posting a notice on the Website, by sending you a notice via email or postal mail, or by some other appropriate means. You shall be responsible for reviewing and becoming familiar with any such modifications. If you don’t agree with the new agreement, you are free to reject them; however, if you do reject the new agreement, you will no longer be able to use the Services. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this agreement as modified.

2.CHARGES AND PAYMENT

Certain aspects of Services may require ongoing payment. You shall pay all applicable charges and fees according to the Service package selected by you. Additional charges may be applied depending on the number of users of Services, and the number and/or types of devices activated as part of Services. These charges and fees will be automatically billed on a monthly basis to the payment card you provide to us.

Upon written notice to you, we reserve the right to change the prices of the Services. Your use of the Services following such notification constitutes your acceptance of any new or increase in charges. Any fee paid for Services is nonrefundable.

When subscribing to Services, a small amount of funds will be withheld from your payment card account for verification purposes. This amount will be released and returned back to you once the verification process is complete.

If you miss a monthly payment for any reason, we have the right apply the missed payment as an addition to any future billing amount.

Please see Website for more details on charges, billing, and payment.

3.TERMINATION

The Terms shall remain in full force and effect while you use the Services. You may terminate your use of Services at any time. We may also suspend or terminate your use of any and all Services at any time, without prior notice, if you breach any of these Terms, including but not limited to failure to make payment when due. For your convenience, you may enter into an automatic monthly payment plan for the Services. You may stop future recurring payments at any time by contacting our Customer Support.

4.RETURNS

If you purchased directly from Website, we provide a 30-day money-back guarantee on all our products. If purchased through a third party seller, please contact the seller directly for instructions on returns.

5.MONITORING AND NOTIFICATION SERVICE.

We provide a self-monitored service. We do not provide any professional monitoring services. Details of our Services can be found on Website. Your product must not be linked to any emergency service contact numbers, including without limitation 911 or any local police department. It is your responsibility to ensure that the appropriate event messages can be relayed to you and your authorized contacts. It is also your responsibility to determine the appropriate response to all events and you accept that, upon receiving a notification, you are entirely responsible for your response and that of your authorized contacts. Should such a response incur costs, you accept full liability for those costs. If you attempt to use our products and services for medical emergency notification, you accept that such use of the services, regardless of any delay, involves uncertainty, risk and possible serious injury, disability or death, for which you will not attempt to hold us responsible or liable. You acknowledge that the equipment may experience signal transmission failures or delays for any number of reasons. Your designated contacts are authorized to act on your behalf. You acknowledge that the system employs a number of measures to help reduce occurrences of false alarms (including, without limitation, the implementation of default settings and various procedures to determine when and how to respond, if at all, to certain events) and you accept our use of these measures. You acknowledge that the system has not been designed or programmed pursuant to any law, code or rule that may be applicable to your particular premises, including, but not limited to, any code provisions of the National Fire Protection Association or the International Residential Code.

6.NO INSTALLATION PROVIDED

Our products are not intended to be installed by professional installers. We will not provide installation services of any kind, including providing assistance in physically setting up product, making any alterations to your premises, and providing installation-related consultation on your premises. You are responsible for all product installations. However, we will provide online or over-the-phone technical support for troubleshooting any equipment or system issues during normal business hours. For more information, please visit our Website.

7.LIMITED WARRANTY

Subject to your compliance with these Terms, we warrant that your purchased our product will be free from defects in materials and workmanship for one (1) year from the date of purchase of the product. This warranty is only valid for our products purchased and used within the United States. This warranty does not cover damage outside of our control, including without limitation damage caused by misuse, accident, abuse, use other than as intended and described in the product documentations, normal wear and tear, tampering, or service performed on the product by a service provider not expressly authorized by us. If during the Warranty Period or Extended Warranty Period, you find any product to be defective, you may contact us at your own expense, and if we confirm that there is a defect that originated with us, we will replace it with a new or functionally operative part.

8.DISCLAIMER OF OTHER WARRANTIES

Other than the limited warranty provided under this agreement, you agree that we make no guarantee or warranty of any kind, including any implied warranty of merchantability or fitness for a particular purpose, with respect to the services we perform or the products it provides. Your exclusive warranty remedy is set forth in paragraph 7 above.

9.LIMITED LIABILITY

Our products and services cannot eliminate occurrences of events including, but not limited to, fires, floods, burglaries, robberies, and medical issues. We do not accept any risk that you or your property, or the person or property of others, may be subject to damage, injury or loss if such an event occurs, and we accept no liability for any such damage, injury or loss. The allocation of such risk remains with you and not with us. In accepting the terms and conditions of this agreement, you release, waive, discharge and promise not to sue or bring any claim of any type against us for any damage, injury or loss relating or alleged to relate in any way to the equipment or services provided by us.

10.NO INSURANCE; WAIVER OF SUBROGATION

You agree that we are not an insurer and that we are not providing you with insurance of any type. The amounts you pay us are not insurance premiums and are not related to the value of your property, anyone else's property located in your premises or any risk of loss at your premises. Instead, the amounts we charge you are based solely upon the value of the products and services we provide and upon the limited liability we assume under this agreement. If you want insurance to protect against any risk of loss at your premises, you will purchase it. In the event of any loss, damage or injury, you will look exclusively to your insurer and not to us to compensate you or anyone else. You release and waive for yourself and your insurer all subrogation and other rights to recover against us arising as a result of the payment of any claim for loss, damage or injury.

11.INDEMNITY

If any other person, including your subrogating insurer, makes any claim or files any lawsuit against us in any way related to the products or services provided by us to you, you agree to indemnify, defend and hold us harmless from any and all such claims and lawsuits, including the payment of all damages, expenses, costs and attorneys' fees. You duty to defend is separate and distinct from your duty to indemnify and hold harmless and arises upon the assertion of a claim or demand against us and regardless whether we have been found liable or whether we have incurred any expense.

12.PRIVACY POLICY

You understand that we may collect certain personal information from you as part of providing the Services. We maintain an online Privacy Policy on Website that applies to all personal information collected as part of this agreement.

13.SECURITY

Your ability to receive and your receipt of notifications sent to you by our Services depend on various third party devices and service providers. We cannot and do not provide any guarantees for the availability or security of these products and services. We cannot and does not provide any guarantees for your ability to receive notifications sent to you by our Services. You must test the Services to ensure compatibility. You should also check with your operator and test your system when travelling, particularly outside the United States, including for any additional charges that may apply or issues with the use of Services.

14.AVAILABILITY

Our Services may be suspended temporarily without notice in the case of attempts at denial of service, system failure, maintenance or repair, or circumstances beyond our reasonable control. No credit or refund will be provided for any period during which our Services are suspended or unavailable. In addition, we will not be responsible for, nor provide a credit or refund for, loss or interruption in Services caused by third parties, including your internet service provider, cell phone service provider, or utility providers.

15. ARBITRATION

15.1 BINDING ARBITRATION

You agree to submit any claim, dispute, action, cause of action, issue, or request for relief to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further, you agree that arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of our services. Any dispute or claim made by you against Oplink arising out of or relating to the terms and conditions of this agreement or your use of Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to small claims court if they qualify for hearing by such a court.

15.2 ARBITRATION PROCEDURES

You must first present any claim or dispute to us by contacting our Customer Support to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of a Nationwide Arbitration Organization as modified by this agreement. You and we agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in Santa Clara County, California, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying those rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator's rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

15.3. COSTS OF ARBITRATION

All administrative fees and expenses of arbitration will be divided equally between us and you. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.

16. GOVERNING LAW

The Terms of this agreement will be governed by and interpreted in accordance with the laws of the State of California, United States, without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction. You agree that the exclusive jurisdiction (personal and, as allowed, subject matter) and venue for any action relating to the terms and conditions of this agreement shall be a federal or state court in Santa Clara County, California, and you consent to such jurisdiction and venue.

17. MISCELLANEOUS

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. This agreement is not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate this agreement and its rights and obligations without your consent. Both parties agree that this agreement contains the entire understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this agreement. Headings for each section have been included above for convenience, but such headings do not have any legal meaning.