Company Imprint (Impressum)

BuddyGuard GmbH
Usedomer Strasse 4
13355 Berlin

E-Mail
Press: press@buddyguard.io
Partners & Resellers: partner@buddyguard.io
Manufacturing & Logistics: product@buddyguard.io

Managing Directors: Herbert Hellemann and George Platon
BuddyGuard GmbH is registered at Amtsgericht Berlin Charlottenburg, HRB 166862
VAT ID: DE301501190

Below you will find the Haftungsaussschluss as compliant with German law.

Haftung für Inhalte
Die Inhalte unserer Seiten wurden mit größter Sorgfalt erstellt. Für die Richtigkeit, Vollständigkeit und Aktualität der Inhalte können wir jedoch keine Gewähr übernehmen. Als Diensteanbieter sind wir gemäß § 7 Abs.1 TMG für eigene Inhalte auf diesen Seiten nach den allgemeinen Gesetzen verantwortlich. Nach §§ 8 bis 10 TMG sind wir als Diensteanbieter jedoch nicht verpflichtet, übermittelte oder gespeicherte fremde Informationen zu überwachen oder nach Umständen zu forschen, die auf eine rechtswidrige Tätigkeit hinweisen. Verpflichtungen zur Entfernung oder Sperrung der Nutzung von Informationen nach den allgemeinen Gesetzen bleiben hiervon unberührt. Eine diesbezügliche Haftung ist jedoch erst ab dem Zeitpunkt der Kenntnis einer konkreten Rechtsverletzung möglich. Bei Bekanntwerden von entsprechenden Rechtsverletzungen werden wir diese Inhalte umgehend entfernen.

Urheberrecht
Die durch die Seitenbetreiber erstellten Inhalte und Werke auf diesen Seiten unterliegen dem deutschen Urheberrecht. Die Vervielfältigung, Bearbeitung, Verbreitung und jede Art der Verwertung außerhalb der Grenzen des Urheberrechtes bedürfen der schriftlichen Zustimmung des jeweiligen Autors bzw. Erstellers. Downloads und Kopien dieser Seite sind nur für den privaten, nicht kommerziellen Gebrauch gestattet. Soweit die Inhalte auf dieser Seite nicht vom Betreiber erstellt wurden, werden die Urheberrechte Dritter beachtet. Insbesondere werden Inhalte Dritter als solche gekennzeichnet. Sollten Sie trotzdem auf eine Urheberrechtsverletzung aufmerksam werden, bitten wir um einen entsprechenden Hinweis. Bei Bekanntwerden von Rechtsverletzungen werden wir derartige Inhalte umgehend entfernen.
Datenschutz
Die Nutzung unserer Webseite ist in der Regel ohne Angabe personenbezogener Daten möglich. Soweit auf unseren Seiten personenbezogene Daten (beispielsweise Name, Anschrift oder eMail-Adressen) erhoben werden, erfolgt dies, soweit möglich, stets auf freiwilliger Basis. Diese Daten werden ohne Ihre ausdrückliche Zustimmung nicht an Dritte weitergegeben. Wir weisen darauf hin, dass die Datenübertragung im Internet (z.B. bei der Kommunikation per E-Mail) Sicherheitslücken aufweisen kann. Ein lückenloser Schutz der Daten vor dem Zugriff durch Dritte ist nicht möglich. Der Nutzung von im Rahmen der Impressumspflicht veröffentlichten Kontaktdaten durch Dritte zur Übersendung von nicht ausdrücklich angeforderter Werbung und Informationsmaterialien wird hiermit ausdrücklich widersprochen. Die Betreiber der Seiten behalten sich ausdrücklich rechtliche Schritte im Falle der unverlangten Zusendung von Werbeinformationen, etwa durch Spam-Mails, vor.

Google Analytics
Diese Website benutzt Google Analytics, einen Webanalysedienst der Google Inc. (”Google”). Google Analytics verwendet sog. ”Cookies”, Textdateien, die auf Ihrem Computer gespeichert werden und die eine Analyse der Benutzung der Website durch Sie ermöglicht. Die durch den Cookie erzeugten Informationen über Ihre Benutzung diese Website (einschließlich Ihrer IP-Adresse) wird an einen Server von Google in den USA übertragen und dort gespeichert. Google wird diese Informationen benutzen, um Ihre Nutzung der Website auszuwerten, um Reports über die Websiteaktivitäten für die Websitebetreiber zusammenzustellen und um weitere mit der Websitenutzung und der Internetnutzung verbundene Dienstleistungen zu erbringen. Auch wird Google diese Informationen gegebenenfalls an Dritte übertragen, sofern dies gesetzlich vorgeschrieben oder soweit Dritte diese Daten im Auftrag von Google verarbeiten. Google wird in keinem Fall Ihre IP-Adresse mit anderen Daten der Google in Verbindung bringen. Sie können die Installation der Cookies durch eine entsprechende Einstellung Ihrer Browser Software verhindern; wir weisen Sie jedoch darauf hin, dass Sie in diesem Fall gegebenenfalls nicht sämtliche Funktionen dieser Website voll umfänglich nutzen können. Durch die Nutzung dieser Website erklären Sie sich mit der Bearbeitung der über Sie erhobenen Daten durch Google in der zuvor beschriebenen Art und Weise und zu dem zuvor benannten Zweck einverstanden

BuddyGuard’s Services Terms & Conditions

 

Last updated: October 2016 

Scope of Services

BuddyGuard provides (1) a website located at buddyguard.io and related domains (collectively the “Sites”) and (2) services accessible through the sites (the “Web App”) and sofware that may be downloaded to a mobile device (“Mobile Application(s)” or “App”) all for use with BuddyGuard’s home security device (the “Product”). Collectively, the Sites, Web App, Product, and Mobile Applications are referred to in these Terms as the “Services”. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and BuddyGuard.

Provision of the Services & Additional Terms

These Terms are an agreement between you and BuddyGuard GmbH, hereinafter referred to as “BuddyGuard”, “us”, “we” or respectively “our” .

These Terms give you specific legal rights. You may also have other rights, which vary from jurisdiction to jurisdiction.

These Terms govern your use of the Services. Certain additional paid services or features that BuddyGuard may offer may have additional or different terms. BuddyGuard’s Limited Warranty, End User License Agreement (for software embedded in the Product), Privacy Policy, Website Terms of Service, and other documents referenced or available by hyperlink at www.buddyguard.io/legal may also govern your rights and are essential terms of use of the Product and applicable software and are incorporated into these Terms.

Eligibility

By using the Services, you acknowledge and agree that you are at least 18 years of age or the age of majority in the location from where you access and use the Services. If you are under 18 but are at least 13 years old you agree that you are using the Services with the consent of your legal guardian. If you are not at least 13 years old, you may not use the Services at any time or in any manner or submit any information to BuddyGuard or the Services.

You may only access and use the Services if you are (a) able to enter into a binding contract with BuddyGuard, and (b) in compliance with these Terms and all applicable local, state, national, regional and international laws, regulations and rules.

Services License & Restrictions

BuddyGuard provides content through the Services that is copyrighted and/or trademarked work of BuddyGuard or BuddyGuard’s third-party licensors (collectively, the “Materials”). Materials may include logos, graphics, video, images, text, software, and other content.

Subject to these Terms, BuddyGuard grants you a limited, personal, non-exclusive, and non-transferable license to use and to display the Materials and to access and use the Services solely for your personal use.

You shall not directly or indirectly do any of the following:

(1) modify, disassemble, decompile, or reverse engineer any of the hardware or software that constitutes the Services; (2) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Services to any third-party or use the Services on a time sharing basis or to provide any security or other services for any third party; (3) make any copies of the software used to provide the Services; (4) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services; (5) delete the copyright and other proprietary rights notices on the Services; (6) attempt to access, monitor, or use Products of other customers; (7) use the Services in connection with accessing or monitoring any non-BuddyGuard device; (8) access the Services in order to build a similar or competitive product; (9) upload, transmit, or distribute any computer viruses, worms, or software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Product, or any other property; (10) interfere with, disrupt, or attempt to gain unauthorized access to the servers or networks connected to the Services; or (11) violate any applicable law or regulation.

Registration and User Accounts

In order to create an Account, you must submit your information through the registration page as prompted on the Mobile Application or our Sites, including your name, email address, phone number, zip code/post code, and address. You may provide additional optional information during setup which is not required to register for an account but may be necessary to provide you with full Services or might be helpful to BuddyGuard in providing you with a more customized experience.

As part of the registration process, you will create a password that will allow you to log in to the Services. You are responsible for maintaining the confidentiality of your password and for all activities that occur on your account. You agree not to share your password, let others access or use your password, or do anything else that might jeopardize the security of your password.

All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete, and up to date. You may change, correct, or remove any information from your account by either logging in to your account directly and making the desired changes or contacting BuddyGuard’s support team.

Location Admins & Security Circle Members

The individual who first creates an account and sets up the Product is the Admin of the BuddyGuard Product associated with that account and the primary account holder (“Location Admin”). Individuals who are authorized to access a Location Admin’s Products and Services are authorized users (“Security Circle Members”) under the Location Admin’s account and are invited through the Mobile Application. Security Circle Members may have the ability to use the Services and monitor and control the Products (for example, a Location Member can arm or disarm the Product or sound the alarm). Security Circle Members may also have the ability to view information (including personal information) and content across all of Location Admin’s Products (for example, a Location Member will receive notifications of Events or can view a Live Steam). Security Circle Members are responsible for their own actions in connection with the Products and Services, but the Location Admin also agrees to be fully responsible for all actions taken by a Location Member relating to the Products and Services.

If you are a Location Admin, you should authorize only those individuals that you trust to access your Product and the Services.

System Requirements

You are responsible for having all required software, hardware, and other system elements and making sure that they are compatible and properly configured. You acknowledge that (a) BuddyGuard cannot provide the Services properly if requirements and compatibility are not met, and (b) you will not receive notifications from your BuddyGuard device when the Product’s internet connection or power is lost, not operating properly, cut, or interfered with, or the Product is damaged or destroyed.

You must have a working broadband internet connection and either a wired ethernet connection or a Wi-Fi router (802.11 b/g/n), a supported mobile device (to use the Mobile Application), and other hardware, software, equipment or items specified by BuddyGuard from time to time. We recommend a high speed internet connection with at least 1 Mbps of upload bandwidth. BuddyGuard reserves the right to change any of the minimum system requirements at any time.

Security

BuddyGuard cares about the integrity and security of its users’ personal data. BuddyGuard uses industry best practices when it comes to security. Despite taking these measures, BuddyGuard cannot guarantee that unauthorized third parties will never be able to defeat said security measures. You acknowledge that you provide your personal information and your use of the Services is at your own risk.

Privacy

Your privacy matters to us. Learn how we handle your information when you use our Services by reading our Privacy Policy at buddyguard.io/legal. Busing our Services, you agree that BuddyGuard can collect, use, and transfer your data consistent with that policy.

Electronic Communications

By using the Services, you consent to receiving service related electronic communications from BuddyGuard, which may include notices about applicable fees, transactional information, and other information related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal requirements, including that such communications be in writing.

Changes

Our Services are constantly evolving to help us deliver exciting and useful improvements to you. BuddyGuard may make changes to, suspend, or discontinue the Services at any time in order to provide you these updates. BuddyGuard is not liable to you or to any third party for any modification, suspension, or discontinuance of the Services. BuddyGuard may also change, update, add, or remove provisions of these Terms at any time by either posting the updated Terms on BuddyGuard’s website, or by providing notice through the Services, or by emailing you of any changes. By using the Services after BuddyGuard has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must immediately stop using the Services.

Termination and Suspension of Services

These Terms continue in effect while you access and use the Services. At any time, BuddyGuard may (1) suspend or terminate your rights to access or use the Services, or (2) terminate these Terms if BuddyGuard in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines or terms. Upon termination of this Agreement, your right to use the Services will automatically terminate. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, governing law & jurisdiction and general provisions shall survive any termination of these Terms.

BuddyGuard may temporarily suspend the Services without notice for security reasons, system failure, maintenance and repair, or other circumstances. BuddyGuard does not offer any specific uptime guarantee for the Services.

Mobile Applications.

BuddyGuard does not warrant that the Mobile Application will be compatible with your mobile device. Other applications may interact with the Mobile Application in unpredictable ways, and BuddyGuard does not warrant against malfunctions or errors caused by such interactions.

BuddyGuard grants to you a non-exclusive, non-transferable, revocable license to use any object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you for your personal use in connection with the Services.

BuddyGuard and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application. Standard carrier data charges may apply to your use of the Mobile Application.

Intellectual Property Rights

BuddyGuard is the exclusive owner of rights and interests in and to the mark BuddyGuard, the bg logo, the BuddyGuard logo and the mark FLARE® and its logo. Other trademarks, names, and logos on or available through the Services are the property of their respective owners.

Unless otherwise specified in these Terms, all technology and intellectual property available or appearing on or through any of the Services, including the Mobile Application, information, software, documents, services, content, site design, text, graphics, logos, images, and icons, are the sole property of BuddyGuard or its licensors. All rights not expressly granted herein are reserved by BuddyGuard.

Disclaimer of Warranties; Indemnity.

The warranty for the BuddyGuard Product is set forth in the BuddyGuard Limited Warranty.

BuddyGuard, for itself and its licensors, makes no express, implied or statutory representations, warranties, or guarantees in connection with the services. unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the services and materials and any information or material contained or presented is provided to you on an “as is,” “as available,” and “where-is” basis, and BuddyGuard disclaims and excludes all warranties, whether statutory, express, or implied, including, without limitation, implied warranty of merchantability, fitness for a particular purpose, title, satisfactory quality, and non-infringement of third-party rights.

BuddyGuard does not provide any warranties against viruses, spyware, or malware that may be installed on your mobile device or computer.

BuddyGuard’s equipment and Services cannot eliminate occurrences of the events they are intended to detect or avert, including fires, floods and burglaries. Other than as expressly set forth in the BuddyGuard Limited Warranty, BuddyGuard makes no guarantee or warranty that the BuddyGuard product or Services will detect or avert such incidents. You release, waive, discharge, and promise not to sue or bring any claim of any type against BuddyGuard for loss, damage, or injury relating in any way to the Product or Services.

BuddyGuard and its licensors and suppliers make no warranty that defects will be corrected or that the Services (1) will meet your needs or requirements; (2) will be compatible with your home network, computer, or mobile device; (3) will be available on an uninterrupted, timely, secure, or error-free basis; (4) will be accurate or reliable; or (5) will give notifications at any given time or at all. No advice or information, whether oral or written, obtained by you from BuddyGuard or through the Services shall create any warranty.

Human error is always possible, and the response time of police, fire, and medical emergency personnel is outside the control of BuddyGuard. You may not receive alarm signals if communication lines or power is interrupted for any reason.

Mobile notifications from BuddyGuard’s Services are provided for informational purposes only.

If any other person, including your subrogating insurer, makes any claim or files a lawsuit against BuddyGuard in any way relating to the Products or Services, you shall indemnify, defend and hold BuddyGuard harmless from the claim or lawsuit, including the payment of all damages, expenses, costs, and attorney’s fees.

Limitation of Liability

In no event shall BuddyGuard be liable to you or any third party for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use, or other economic advantage) however arising, even if BuddyGuard knows there is a possibility of such damage. BuddyGuard’s total liability arising from or related to any of the services or the products, whether in contract, tort (including negligence and strict liability), or otherwise, will not exceed the fees actually paid by you to BuddyGuard or BuddyGuard’s authorized reseller for the services or the product at issue in the prior 12 months (if any).

Nothing in these Terms (including anything specified in this “Limitation of Liability” provision) shall attempt to exclude or limit liability that cannot be excluded or limited under applicable law.

These limitations apply to the maximum extent permitted by law and notwithstanding any failure of the essential purpose of these Terms or any limited remedy hereunder.

Time Limit to Bring Claims

No suit or action may be brought against BuddyGuard more than one year after the date of the incident that resulted in the loss, injury, or damage, or the shortest duration permitted under applicable law.

General Terms (Modification, Entire Agreement, Waiver)

If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. BuddyGuard’s failure to enforce any of these Terms is not a waiver of such terms. These Terms are the entire agreement between you and BuddyGuard with respect to the Services, and supersede all prior or contemporaneous negotiations, discussions, or agreements between you and BuddyGuard.

EULA

Latest version as shown in App: October 2016

Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using the BuddyGuard App (“App”).

By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

This Agreement is a legal agreement between you (either an individual or a single entity) and BuddyGuard GmbH and it governs your use of the Application made available to you by BuddyGuard.

If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application. The Application is licensed, not sold, to you by BuddyGuard for use strictly in accordance with the terms of this Agreement.

License

BuddyGuard grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

Restrictions

You agree not to, and you will not permit others to:

  • license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

  • copy or use the Application for any purpose other than as permitted under the above section ‘License’.

  • modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.

  • remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of BuddyGuard or its affiliates, partners, suppliers or the licensors of the Application.

Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of BuddyGuard.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to BuddyGuard with respect to the Application shall remain the sole and exclusive property of BuddyGuard.

BuddyGuard shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

Modifications to Application

BuddyGuard reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

Updates to Application

BuddyGuard may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the Application. You agree that BuddyGuard has no obligation to (1) provide any Updates, or (2) continue to provide or enable any particular features and/or functionalities of the Application to you.

You further agree that all Updates will be (1) deemed to constitute an integral part of the Application, and (2) subject to the terms and conditions of this Agreement.

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”).

You acknowledge and agree that BuddyGuard shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. BuddyGuard does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Privacy Policy

BuddyGuard collects, stores, maintains and shares information about you in accordance with its Privacy Policy, which is available at https://buddyguard.io/legal/. By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.

Term and Termination

This Agreement shall remain in effect until terminated by you or BuddyGuard.

BuddyGuard may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from BuddyGuard, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.

Termination of this Agreement will not limit any of BuddyGuard’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold BuddyGuard and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, BuddyGuard, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, BuddyGuard provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither BuddyGuard nor any BuddyGuard’s provider makes any representation or warranty of any kind, express or implied: (1) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (2) that the Application will be uninterrupted or error-free; (3) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (4) that the Application, its servers, the content, or e-mails sent from or on behalf of BuddyGuard are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of BuddyGuard and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.

To the maximum extent permitted by applicable law, in no event shall BuddyGuard or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if BuddyGuard or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

Amendments to this Agreement

BuddyGuard reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

Governing Law

The laws of Berlin, Germany, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

Contact Information

If you have any questions about this Agreement, please contact us at support@buddyguard.io

Entire Agreement

The Agreement constitutes the entire agreement between you and BuddyGuard regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and BuddyGuard.

You may be subject to additional terms and conditions that apply when you use or purchase other BuddyGuard’s services, which BuddyGuard will provide to you at the time of such use or purchase.

Limited Warranty

 

Latest applicable product: FLARE®

Return & Refunds

If you are the original end-user or purchaser of the BuddyGuard GmbH (hereinafter “BuddyGuard”) home security product (hereinafter “Product” or “BuddyGuard Product”) and you are not satisfied with this Product for any reason, you may return it in its original condition within ninety (90) days of the original purchase and receive a full refund. Only items that have been purchased directly from BuddyGuard online can be returned to BuddyGuard.

BuddyGuard products purchased through other retailers must be returned in accordance with their respective returns and refunds policy. Shipping costs will not be refunded for international orders. If you wish to cancel your order, or if you would like to schedule a return, contact us at support@buddyguard.io with your order details.

Limited Warranty

If you have purchased a BuddyGuard Product from one of our retail partners, please contact them directly to arrange an exchange or refund before making a claim under BuddyGuard’s Limited Warranty.

By using your BuddyGuard Product you are agreeing to be bound by the terms of the BuddyGuard two (2) year limited warranty (“warranty”) as set out below. Do not use your Product until you have read the terms of the warranty. If you do not agree to the terms of the warranty, do not use the Product and return it within the return period and in accordance with BuddyGuard’s return policy.

This limited warranty gives you specific legal rights. You may also have other legal rights that vary by state, country, or region. The disclaimers, exclusions, and limitations of liability under this limited warranty will not apply to the extent prohibited by applicable law. For a full description of your legal rights you should refer to the laws applicable in your state, country, or region.

BuddyGuard’s warranty obligations for this hardware Product are limited to the terms set forth below:

BuddyGuard warrants this Product and accessories contained in the original packaging against defects in materials and workmanship when used normally in accordance with BuddyGuard’s technical specifications and user manual for a period of TWO (2) YEARS from the date of original retail purchase by the end-user or purchaser.

If during this warranty period a defect arises and you submit a valid claim to BuddyGuard and follow the instructions for returning the Product, we will, at our discretion, either

(1) repair the Product using either new or refurbished parts,

(2) replace the Product with a new or refurbished Product, or

(3) refund the purchase price of the Product. A replacement Product assumes the remaining warranty period of the original Product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a Product is exchanged, any replacement item becomes your property and the replaced item becomes BuddyGuard’s property. When a refund is given, the Product for which the refund is provided must be returned to BuddyGuard and becomes BuddyGuard’s property.

To obtain warranty service for any Product that is subject to the foregoing warranty, the consumer must notify BuddyGuard to obtain a Return Material Authorization (“RMA”) and return the defective Product together with proof of purchase to the address specified by BuddyGuard in connection with the RMA.

This Limited Warranty applies only to hardware Products manufactured by or for BuddyGuard that can be identified by the “BuddyGuard” and “FLARE®” trade name, or logo affixed to them. This warranty does not apply:

(1) to consumable parts, such as batteries, unless failure has occurred due to a defect in materials or workmanship of the BuddyGuard Product itself;

(2) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports;

(3) defects or damage caused by misuse, accident (including, without limitation, collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, testing, or improper storage;

(4) to damage caused by operating the Product outside the permitted or intended uses described by BuddyGuard;

(5) to damage caused by use with non-BuddyGuard products. This Limited Warranty does not apply to any software, even if packaged or sold with BuddyGuard hardware. BuddyGuard does not warrant that the operation of the Product will be uninterrupted or error-free.

This warranty applies only to BuddyGuard products purchased by end users from BuddyGuard and its authorized resellers. This warranty is void for purchases made from any other reseller, and BuddyGuard offers no warranty for such purchases.

BuddyGuard will use reasonable commercial efforts to deliver the Products as described. BuddyGuard is not responsible for damage arising from failure to follow instructions relating to the Product’s use.

Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EC Directive 99/44. These rights are not affected by the warranties in this Limited Warranty.





Website Terms of Service

Last updated: October 2017

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the buddyguard.io website (the “Service”) operated by BuddyGuard GmbH (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of BuddyGuard GmbH and its licensors. The Service is protected by copyright, trademark, and other laws of both the Germany and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BuddyGuard UG.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by BuddyGuard GmbH.

BuddyGuard GmbH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that BuddyGuard GmbH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall BuddyGuard UG, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

BuddyGuard GmbH its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Berlin, Germany, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.





Privacy Policy

Last updated: October 2016

BuddyGuard GmbH (“us”, “we”, or “our”) operates the http://www.buddyguard.io website (the “Service”).

This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.

We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at http://www.buddyguard.io

Information Collection And Use

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number, postal address, other information (“Personal Information”).

Log Data

We may also collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service’s functionality. These third party service providers have their own privacy policies addressing how they use such information.

Cookies

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.

We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Behavioral Remarketing

BuddyGuard GmbH uses remarketing services to advertise on third party web sites to you after you visited our Service. We, and our third party vendors, use cookies to inform, optimize and serve ads based on your past visits to our Service.

  • Google AdWords remarketing service is provided by Google Inc.You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/adsGoogle also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/
  • Twitter remarketing service is provided by Twitter Inc.You can opt-out from Twitter’s interest-based ads by following their instructions: https://support.twitter.com/articles/20170405You can learn more about the privacy practices and policies of Twitter by visiting their Privacy Policy page: https://twitter.com/privacy
  • Facebook remarketing service is provided by Facebook Inc.You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950To opt-out from Facebook’s interest-based ads follow these instructions from Facebook: https://www.facebook.com/about/ads/#568137493302217Facebook adheres the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
  • AppNexus remarketing service is provided by AppNexus Inc.You can opt-out of AppNexus remarketing by visiting the Privacy & the AppNexus Platform web page: http://www.appnexus.com/platform-policy#choicesFor more information on the privacy practices of AppNexus, please visit the AppNexus Platform Privacy Policy web page: http://www.appnexus.com/platform-policy

Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Compliance With Laws

We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.

Business Transaction

If BuddyGuard GmbH is involved in a merger, acquisition or asset sale, your Personal Information may be transferred. We will provide notice before your Personal Information is transferred and becomes subject to a different Privacy Policy.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

International Transfer

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside Germany and choose to provide information to us, please note that we transfer the information, including Personal Information, to Germany and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

Our Service does not address anyone under the age of 13 (“Children”).

We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a children under age 13 without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us.





Cookies Policy

Last updated: October 2017

BuddyGuard GmbH, hereinafter referred to as “BuddyGuard, “us”, “we”, or “our”, uses cookies on the buddyguard.io website (the “Service”). By using the Service, you consent to the use of cookies.

Our Cookies Policy explains what cookies are, how we use cookies, how third-parties we may partner with may use cookies on the Service, your choices regarding cookies and further information about cookies.

What are cookies

Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.

Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.

How BuddyGuard GmbH uses cookies

When you use and access the Service, we may place a number of cookies files in your web browser.

We use cookies for the following purposes:

  • To enable certain functions of the Service
  • To provide analytics
  • To store your preferences

We use both session and persistent cookies on the Service and we use different types of cookies to run the Service:

  • Essential cookies. We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.
  • Preferences cookies. We may use preferences cookies to remember information that changes the way the Service behaves or looks, such as the “remember me” functionality of a registered user or a user’s language preference.
  • Analytics cookies. We may use analytics cookies to track information how the Service is used so that we can make improvements. We may also use analytics cookies to test new advertisements, pages, features or new functionality of the Service to see how our users react to them.

Third-party cookies

In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on.

What are your choices regarding cookies

If you’d like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.

Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

  • For the Chrome web browser, please visit this page from Google: https://support.google.com/accounts/answer/32050
  • For the Internet Explorer web browser, please visit this page from Microsoft: http://support.microsoft.com/kb/278835
  • For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored
  • For the Safari web browser, please visit this page from Apple: https://support.apple.com/kb/PH21411?locale=en_US
  • For any other web browser, please visit your web browser’s official web pages.

Where can you find more information about cookies

You can learn more about cookies and the following third-party websites:

  • AllAboutCookies: http://www.allaboutcookies.org/
  • Network Advertising Initiative: http://www.networkadvertising.org/