Meross Terms of Use

Updated: August 15, 2022

Effective date: August 18, 2022

The Services (as defined below) are provided by Chengdu Meross Technology Co., Ltd., located on Floor 3, Building A5, Shijicheng Road No. 1129, Gaoxin, Free Trade Trial Zone, Chengdu, China, and its affiliates and subsidiaries (collectively, “Meross”, “we”, “us” or “our”). 

Services that we provide are:

1) the websites located at www.meross.com, shop.meross.com, and all associated web pages, websites, and corresponding social media pages of Meross (collectively, the “Site”);

2) mobile application software, merely developed or published by Meross, may be downloaded to your smartphone, tablet, smart TV, smartwatch, or other smart devices to access services (the “App”);

3) Meross hardware products, firmware, IoT plugins, and other software (the “Product”) developed, manufactured, or sold by Meross;

4) cloud services(the “Cloud”), developed, hosted, and maintained by Meross, for the Site, Meross app, and Product to run smoothly and perform as expectations.

The Site, App, Product, and Cloud listed above are collectively defined as Services herein.

Services users, including Site visitors, App users, Product users, Cloud users, and other individuals who use our Services and interact with us (collectively, "you", "yourself" or "your") must read these Terms of Use before your use of our Services.

BY CREATING AN ACCOUNT OR ACCESSING, PURCHASING, OR USING ANY OF OUR SERVICES BY ANY MEANS, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

Please read on to learn the rules and restrictions that govern your use of our Services. If you have any questions, comments, or concerns regarding these Terms of Use (the "Terms") or our Services, please contact us at support@meross.com. These Terms are a binding contract between you and Meross. You must agree to and accept all of the Terms, or you don't have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in our Privacy Policy.

1. Change Notice

We are constantly trying to improve our Services, so these Terms may need to be updated along with the Services. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. In some cases, the changes we make to the Services may cause older hardware devices, third party services, software configurations or setups to no longer work with the Services, and you may be required to upgrade or change these devices, services, configurations or setups in order to continue using the Services. We reserve the right to change the Terms at any time, but if we make a material change to the Services that would adversely affect you, we will bring it to your attention by placing a notice on the Services and/or by sending you an email. Similarly, we reserve the right to remove any content (including any Apps or device or external service connections provided by Meross or by third parties) from the Services at any time, for any reason in our sole discretion with or without notice. 

If you don't agree with the new Terms, you are free to reject them. Unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms in effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

2. Privacy and Children Policy

Meross takes your privacy very seriously. For information about why, what, and how we collect, store, use, share, transfer, and otherwise process personal data of you, please refer to our  Privacy Policy.

The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children. We do not knowingly collect or solicit personally identifiable information from children; if you are a child under 16, please do not attempt to register for our Services or send any personal data about yourself to us. If you are under the age of 18 (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who has reviewed and agreed to these Terms. Any parent or legal guardian of a user under the age of 18 (or the age of legal majority) who has reviewed these Terms as required by the previous sentence, hereby agrees to be fully responsible for the acts or omissions of such user in relation to the use of our Services. If we learn that we have collected personal data from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal data, please contact us at support@meross.com.

3. Basics of Using

You may access and use the Services as permitted by, and subject to, these Terms and any other applicable agreements between you and Meross. You are solely responsible for your conduct while using our Services and you will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort while using our Services.

In order to use the Services, you may be required to sign up for an account, provide a verifiable email address, and select a password or PIN number and user name (which may be your email address) ("Meross User ID"). You promise

(i) You will provide us with truthful, accurate, complete, and updated registration information about yourself.

(ii) You will maintain the accuracy of such information by updating it to our Services.

(iii) You are of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).

(iv) You may not transfer your account to anyone else without our prior written permission.

(v) You are not listed on any local government list of prohibited or restricted parties.

(vi) Your use of the Services will not violate any local or other applicable law or regulation.

(vii) Your use of the Services will not do harm to our Services or others. As part of using the Services, you may create connections between various physical devices, third party services, and the Services. You acknowledge and agree that you will not connect any physical devices or third party services to the Services (or otherwise use the Services) in a manner that could be dangerous to you or to others, or which could cause damage to or loss of any property (whether real, personal, tangible or intangible). For example, you should never connect heavy machinery, power tools, medical equipment, or other similar devices to the Services.

(viii) You may not select your Meross User ID or a name that you don't have the right to use, or another person's name with the intent to impersonate that person.

(ix) You will only use the Services for your personal, non-commercial use, and only in a manner that complies with all laws that apply to you.

(x) You may not create more than one Meross account. You may not use, purchase or sign up for any of the Services if you were previously prohibited by Meross from using the Services.

If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law.

If you use our Services on behalf of another person or entity, (i) all references to “you” throughout these Terms will include that person or entity, (ii) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (iii) in the event you, the person, or the entity violate these Terms, both you and the other person or entity agree to be jointly and severally responsible and liable for any such violation.

You must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will NOT contribute any user submission (as defined below) or otherwise use the Services or interact with the Services in a manner that:

• Infringes or violates the intellectual property rights or any other rights of anyone else (including Meross);
• Interfere, disrupt, negatively affect or inhibit other users from fully enjoying ourServices or that could damage, disable, overburden or impair the functioning of our Services in any manner;
• Is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• Jeopardizes the security of your Meross account or anyone else's (such as allowing someone else to log on as you on the Services);
• Attempts, in any manner, to obtain the password, PIN number, account, or other security information from any other userand attempts to use other users’ accounts without authorization from those users and Meross;
• Permitsany third party to access the Services except as permitted herein;
• Develop or use any applications, except those applications provided by Meross or third party apps authorized by Meross, that interact with our Services without our prior written consent;
• Violates the security of any computer networkand internet protocol, or cracks any passwords, PIN numbers or security encryption codes;
• Runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
• "Crawls," "scrapes," or "spiders" any page or portion of the Services (through use of manual or automated means);
• Copy, frame, mirror, store, or reproduceany part or content of the Services, except as expressly permitted by us.
• Distribute, publicly perform,or publicly display all or portions of our Services, except as expressly permitted by us.
• Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
• Decompiles, reverse engineers, or otherwise attempts to obtain the source code of the Servicesor bypass or circumvent measures employed to change or limit access to any part of our Services (except (i) for sample or tutorial code examples that we provide on the Services which are clearly marked as such, or (ii) to the extent such restriction is prohibited by applicable law).
• Sell or resell our Products or Services, or commercially use our Products or Services;
• Copy any feature, function or graphic of the Services; or access the Services in order to build a competitive product or service, or copy any feature, function or graphic of the Services.
• Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;

In addition, if you connect any video or audio recording devices to the Services (e.g., video cameras), you understand and acknowledge that (i) Meross use of any information collected from such devices, including audio/video information, is subject to Meross   Privacy Policy, and (ii) you are responsible for obtaining (and you represent and warrant that you have obtained), any and all consents that may be required under applicable local law from all individuals who will be recorded by such devices. Without limiting any other remedy available to Meross, a violation of any of the foregoing is grounds for termination of your right to use or access the Services.

Cost and Fee

Meross reserves the right to require payment of fees for certain features of the Services. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Services in connection with such features. Subject to any subscription agreement or other restrictions, Meross reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Services. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.

Automatic Software Updates

Meross may, in its sole discretion from time to time, provide updates, patches, fixes and other modifications to the Services (collectively “Updates”), but has no obligation to do so. Any Update will be subject to these Terms. Updates may be automatically installed without providing any additional notice or obtaining any additional consent from you, and you hereby consent to these automatic Updates. If you do not want such Updates, your remedy is to terminate your Account with us and stop using the Services. You may be required to install Updates to use the Meross app or other parts of the Services, and you will promptly install any Updates that Meross makes available to you.

Third-party Services

Meross Services rely on or inter-operate with third-party products and services, including, without limitation, data storage services, communications technologies, IoT platforms, third party app stores, and internet and mobile operators (collectively, “Third-Party Materials”). These Third-party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of the Services. You acknowledge that:

(i) the use and availability of the Products and Services is dependent on third-party product vendors and service providers;

(ii) these Third-Party Materials may not operate in a reliable manner 100% of the time and they may impact on the way that the Services operate; and

(iii) except as otherwise required by law, Meross is not responsible for damages and losses due to the operation of these Third-Party Materials.

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content, data, information and other materials available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those who may be interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Meross does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

Some Third-Party Materials and Third-Party Content have their own separate terms of use or terms of service as well as their own privacy policies. If applicable, you are subject to, and will comply with, such terms and policies. To the extent that such other terms and policies are less restrictive than a provision in these Terms, the provision in these Terms will supersede.

We do not warrant or endorse, and will have no responsibility with respect to: (i) products or services that you have been offered or that you obtain from a third party that relate to the Services, even if accessed through a hyperlink or other method using the Services, (ii) any Third-Party Materials or Third-Party Content, or (iii) any data or other information you may provide to any third party. You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services and other products and services necessary to access and use the Services.

When you download Meross app from app store platforms, including, but not limited to, Google Play Store, Apple app Store, and Amazon Appstore, these Terms apply to your use of all the Services available from these app stores platforms (“Platform”), but the following additional Terms also apply to the App:

• Both you and Meross acknowledge that the Terms are concluded between you and Meross only, and not with your Platform, and your Platform is not responsible for the Application or the Content;
• The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Services;
• You will only use the Application in connection with a device that you own or control;
• You acknowledge and agree that your Platform has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
• In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify your Platform of such failure; upon notification, your Platform’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
• You acknowledge and agree that Meross, and not the Platform, is responsible for addressing any claims you or any third party may have in relation to the Application;
• You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Meross, and not your Platform, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
• Both you and Meross acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
• Both you and Meross acknowledge and agree that the Platform and Platforms subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, the Platform will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.

Feedback

You may choose to or we may invite you to submit comments, suggestions or ideas about our Services, including how to improve our Services. By submitting or providing any Feedback, you agree that your submissions are voluntary, gratuitous and without restriction, and will not place Meross under any obligations to you or any other party. Meross may use, copy, modify, publish or redistribute your feedback and its contents for any purpose and in any way without any compensation to you. Meross does not waive any rights to use similar or related ideas previously known to Meross, developed by its employees or obtained from other sources.

4. User Generated Contents

A. Content Submission and Use

Our Services may allow you and other users to create, post, use, share and store content, including message board posts, comments, videos, messages, illustrations, photos(including your profile photo or avatar), or other preferences you express or materials(collectively, “User Content”) you share with us or other users(collectively, “the Community”) when using the Services. Except for the license you grant below, you retain all rights in and to your User Content, as between you and Meross.

We do not actively collect information about your gender, sexual orientation, political affiliation, religious affiliation, race, etc., unless you voluntarily disclose it publicly in the Community.However, we do not recommend that you post information in the community that is not related to the Community or the Services.

Other than User Content defined above, we also collect your complaints or other preferences, such as views, clicks, likes, replies, complaints, and subscriptions, you express or materials you share with us.

You grant Meross and affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute your User Content (including, for avoidance of doubt, any name, username or likeness provided in connection with your User Content or associated with your account) in all media formats and channels now known or later developed without compensation to you. Depending on your account settings and the options you select, when you post or otherwise share User Content on or through our Services, you understand that some or all of your User Content (including your nickname, username or, profile photo and other account information) may be visible to others and will be regarded as public information, not private information, to other users of the Community.

You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any User Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any User Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including Meross's) rights.

User Content may not:

(i) be irrelevant, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;

(ii) constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

(iii) contain or depict any statement, remark or claim that does not reflect your actual view or experience;

(iv) impersonate, or misrepresent your affiliation with, any person or entity;

(v) contain any unsolicited promotion, political campaigning, advertising or solicitation;

(vi) contain any private or personal information of a third party without such third party’s consent;

(vii) contain any virus, corrupted data or other harmful, disruptive or destructive file or content;

(viii) be other invasive of others’ IP and violate  other local laws and regulations; or

(ix) in our sole judgment, be objectionable, restrict or inhibit any other person from using or enjoying our Services, or expose us or others to any harm or liability of any type.

We reserve the right to remove any User Content at any time if we determine that it violates any of these Terms. You represent and warrant that: (i) you have all necessary rights in the User Content to make it available through the Services and grant the license rights in these Terms, and (ii) our use of User Content as permitted by these Terms will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

You understand that Meross owns the Services. The Services may allow you to copy or download certain User Content. Please remember that just because this functionality exists, doesn't mean that all the restrictions in these Terms don't apply.

B. Prohibited Content

In connection with your use of the Services, you will not:

(i) post any relevant contents or engage in any harassing, threatening, intimidating, predatory, or stalking conduct;

(ii) impersonate or post on behalf of any person or entity without their authorization or otherwise misrepresent your affiliation with a person or entity;

(iii) use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;

(iv) send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; or

(v) use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

Enforcement of this section is solely at Meross’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this section does not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

C. Complaint and Penalty

You can report any contents and users that violate these Terms in Meross app or at support@meross.com by (i) reporting a post, (ii)reporting a reply, or (iii) reporting a user.

You can also choose not to see related contents from certain users in Meross app by blocking such users. Also, you can unblock them in Meross app at your own sole discretion.

Please follow all the rules in these Terms or there will be penalties, which include but not limited to deletion of post, deletion of reply, post banning, reply banning, suspension of account, or termination of account with or without notice.

5. Suspension or Termination of Account and Services

Meross may suspend or terminate your Account and/or access to the Services at any time upon becoming aware of any violation or threatened violation of these Terms, any security or other threat to our systems, technology, business or to other people, or other matters warranting such suspension or termination. We are not responsible for any loss or harm related to your violation and inability to access or use our Services. Meross has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

You're free to terminate the Services and withdraw all mutual consent between you and Meross at any time, by deleting your account and delete all your personal data via Meross app or contacting us at support@meross.com, please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have requested deletion of your Services account.  

Account termination may result in destruction of any User Content, user submissions and/or device data associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important user submissions or device data you may have stored in your account (to the extent allowed by law, these Terms, and the functionality of the Services), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's safety or security, or otherwise harmful to the rights or property of Meross.

If you have deleted your account by mistake, contact us immediately at support@meross.com – we will try to help, but unfortunately, we can't promise that we can recover or restore anything. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

6. Your DMCA right

You may have heard of the Digital Millennium Copyright Act (the "DMCA"), as it relates to online service providers, like Meross, being asked to remove material that allegedly violates someone's copyright. We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat infringers. To learn more about the DMCA, click here

7. Obligation for What You See and Do on the Services

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren't liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. 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. We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third party Apps, websites or services that are not owned or controlled by Meross. When you access third party Apps or websites or use third party services, you accept that there are risks in doing so, and that Meross is not responsible for such risks. We encourage you to be aware when you use any third party Apps or services or when you leave the Services, and to read the terms and conditions and privacy policy of each third party Apps, website or service that you visit or utilize.

Meross has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In particular, when you use a App provided by a third party or connect a third party service to the Services, that third party may place additional terms and conditions (including a privacy policy) on your use of that App or any associated services, and you agree that you will comply with all such terms and conditions. We are not responsible for (and do not endorse) any third party terms and conditions, or any third party Apps or services. In addition, Meross will not and cannot monitor, verify, censor or edit the content of any third party App, site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party App, website or service.

Your interactions with third party organizations and/or individuals found on or through the Services, including payment and delivery of goods or services under any transaction you enter into with a third party, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Meross shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants in relation to the Services, or between users and any third party, you agree that Meross is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Meross, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

8. Other Information You Need to Know

Amazon Disclaimer: CERTAIN CONTENT THAT APPEARS COMES FROM AMAZON SERVICES LLC. THIS CONTENT IS PROVIDED AS IS AND IS SUBJECT TO CHANGE OR REMOVAL AT ANY TIME. www.meross.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.

Warranty Disclaimer: Meross does not make any representations or warranties concerning any products (except as expressly set forth below), software, services, information or content contained in or accessing through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered through the Services are provided "AS IS" and without any warranty of any kind from Meross or others, unless a separate written warranty is provided expressly and unambiguously for a specific product or service (and if such a warranty is provided, it will apply only to such specific product or service, and not to the Services generally). THE SERVICES (AND ALL PRODUCTS, SOFTWARE, SERVICES, INFORMATION AND CONTENT) ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL MEROSS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR FAILURE OR MALFUNCTION OF ANY DEVICE CONNECTED TO THE SERVICES, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO MEROSS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. Risk of Loss; Insurance. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, USING THE SERVICES TO SECURE OR OTHERWISE CONTROL ACCESS TO ANY REAL OR PERSONAL PROPERTY) IS SOLELY AT YOUR OWN RISK, AND THAT YOU ACCEPT RESPONSIBILITY FOR ALL LOSSES, DAMAGES AND EXPENSES ARISING OUT OF SUCH USE. MEROSS IS NOT AN INSURER. YOU ARE RESPONSIBLE FOR MAINTAINING INSURANCE COVERING ALL LOSS, DAMAGE OR EXPENSE, WHETHER FOR PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), ECONOMIC LOSSES OR ANY OTHER FORM OF LOSS, DAMAGE OR EXPENSE ARISING OUT OF OR FROM (I) THESE TERMS, OR (II) THE SERVICES.

Indemnity: You agree to indemnify and hold Meross, its affiliates, officers, agents, employees, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Meross's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration: These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof, unless prohibited by law. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Gaoxin, Chengdu, China, in Chinese, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the courts located in, respectively, Gaoxin, Chengdu, China.

Miscellaneous: You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Meross agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Meross, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms 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 these Terms and you do not have any authority of any kind to bind Meross in any respect whatsoever. Except as expressly set forth in the section above regarding the Application, you and Meross agree there are no third party beneficiaries intended under this Agreement. In the event that you have accessed the Services via Your account with Chengdu Meross Co., Ltd. (“Meross”), these Terms are further subject to the terms and conditions of the then-current Meross Service Terms and Conditions, which you can access here. In the event of any express conflict between the terms and conditions of these Terms and the then-current Meross Service Terms and Conditions, the then-current Meross Service Terms and Conditions shall govern solely with respect to that conflict.