Arlo Terms of Service

 Last Updated: April, 2021

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AND WE RECOMMEND YOU OBTAIN LEGAL ADVICE WHERE YOU ARE UNSURE OF THE MEANING OR ANY PARTICULAR CLAUSE.

You control who sees your cameras and content. The Arlo products (hereinafter “Product(s)”)  are designed to provide a way for you to view the content captured with the Product(s)s, including your videos and photos taken with the Product(s). The Product(s) video monitoring systems come with various services plans, which may offer: remote viewing of your Arlo cameras’ content; automatic recording when motion is detected; motion alerts (with links to the associated videos); video clips that are sent to your iPhone, iPad, Android phone, or tablet; digital pan and zoom; video storage; and the ability to support multiple cameras. Through settings in your Arlo Europe account you can choose to keep your cameras, photos and videos private or allow broader access to them. Premium service plans may be offered that upgrade the aforementioned features or add additional features to your Arlo system.

If you are installing one of these Product(s) it is your responsibility to obtain any and all third-party consents which may be required. Further, you need to ensure that the Product(s) are only recording data within the remit of your title. You warrant and represent to us that you have obtained all approvals and consents from such parties which may be within the recordings capacity of the Product(s). You further warrant and represent to us that the installation and operation of the Product(s) was carried out in a workmanship manner and does not impact on any third party rights.

Age: You must be at least 18 years of age to sign up for Arlo Europe, and by signing up for Arlo you confirm that you are at least 18 years old. Verisure’s’s Arlo System does not knowingly collect or solicit personal information from anyone under the age of 18, and ARLO EUROPE  does not knowingly allow such persons to register for Arlo. If you are under 18, do not attempt to register for the Arlo Europe Product(s) or send any information about yourself to us without parental consent. No one under age 18 may provide any personal information to ARLO Europe without parental consent. If we learn that we have collected personal information from somebody under age 18 without verification of parental consent, we will delete such information. If you believe that we have any information from or about a child under 18, please contact us at rita.crowley@verisure.com

Introduction

Welcome to Arlo Europe, a company incorporated as Verisure Ireland DAC (“we,” “our,” “us,” or “the Company”). These Terms of Service apply to your use of any of our products or services (“Arlo Services”), including:

a) the Arlo hardware products, including cameras, lights, doorbells, and base station devices (referred to herein as the “Arlo System"); and/or

b) the Arlo websites and any associated subscriptions, content services, accounts, mobile apps, streaming video sites, technical support and services accessible via Arlo Europe websites, and all other web services associated with the Arlo Europe product (collectively referred to as the “Arlo Websites and Apps”).

((a) and (b) above being collectively referred to herein as the "Arlo Services")

1. Terms of Service

Your registration of the Arlo System through the Arlo Europe Websites as well as use of the Arlo Services is subject to the provisions of these Terms. Arlo Europe may at its discretion change these Terms. Any changes made to the provisions of these Terms will be updated on the Arlo Europe website. We encourage you to periodically check the Arlo Europe Websites for the current version of these Terms.

We reserve the right to amend these Terms at any time, even in existing contractual relationships by updating this link. If we consider the changes to same as material we will reasonably endeavour to notify you by placing a notice on the Arlo Europe website, by sending you an email or by notifying you through our Services. Where you continue to use the Services or Product(s) are such an update to our terms you are expressly acknowledging your acceptance to the updated terms.

We are constantly attempting to improve our Product(s) and Services which results in some existing Products and Services changing over time. We may introduce new features or suspend or limit features on existing Product(s) and Services or upgrade existing Product(s) and Services.

By signing up to these Terms of Service you consent that we may terminate or suspend any Product(s), Services or accounts which we are our sole discretion determine from time to time.  If you are dissatisfied with any changes to these Terms you may cancel your use of the Arlo Services in accordance with Section 13 of these Terms.

Any software component embodied in the Arlo System is licensed to you, and not sold.

Arlo Services cannot be used in any US Government embargo country , and the Arlo system should not be sold in these countries.”

THE ARLO SYSTEM, WEBSITES AND SERVICES ARE FOR PERSONAL, NONCOMMERCIAL USE ONLY.

2. Registration Information

Registration of your Arlo System is required. To register, you must provide and maintain accurate information, which may include: (i) your name (ii) your system identification number (provided with each Arlo base station) and (iii) an e-mail address. You agree that you are 18 years old or older and agree to provide and maintain accurate and complete User Information. Arlo Europe may terminate your account if you provide inaccurate or incomplete information. You also certify that you are legally permitted to use and access the Arlo Services. These Terms are void where prohibited by law, and the right to access the Arlo Services is revoked in such jurisdictions.

Arlo Europe respects the privacy of your User Information and will safeguard the User Information in accordance with the ARLO Europe Privacy Policy. We encourage you to review the Privacy Policy frequently. Arlo Europe will monitor usage data, such as log entries, diagnostics, bandwidth usage, and various other analytics coming from devices tied to the user, but will not disclose your User Information to third parties for their independent marketing or promotional purposes unless you affirmatively give consent during the registration process.

By completing the registration process, you agree to the Privacy Policy and affirm that you understand and consent to Arlo Europe collection, storage and use of your User Information. You have the right to update your User Information or change your consent to the collection, storage and use of your User Information at any time. Such changes can be made by logging into your Arlo account. Certain features of the Arlo Services may not be available if you restrict the collection, storage, or use of your User information.

3. Member account, password and security

You will create a password and account designation during the Arlo Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to do the following:

(a) immediately notify us of any unauthorized use of your password or account or any other breach of security and

(b) ensure that you exit from your account at the end of each session.

Arlo Europe will not be liable for any loss or damage arising from your failure to comply with this Section 3. We may refuse registration of or cancel  account designation in its discretion.

4. Third-Party content

The Arlo Services give you the ability to access media content controlled by third parties ("Third-Party Content") over which we exercise no editorial or programming control. You understand the following:

(a) Third-Party Content providers may restrict or revoke access to their content at any time;

(b) To the extent possible under the governing law, we are not responsible for and have no editorial control over any Third-Party Content; and

(c) we has no control over the distribution of Third-Party Content.

You agree that Arlo Europe will have no liability to you or anyone else who uses your Arlo System with regard to any Third Party Content. You also agree and declare that any and all Third Party Content accessed or transferred using the Arlo Services is for personal, non-commercial use and that the Arlo Services will not be used to illegally copy, illegally display or otherwise make illegal use of Third Party Content. Generally, authorization from the appropriate rights holder is needed prior to displaying, using, or copying Third Party Content. Unauthorized copying or distribution of copyrighted works may constitute an infringement of the copyright holders' rights.

We may terminate the accounts of users of any Arlo Europe service or software who infringe the copyrights, trademarks, or intellectual property rights of others. In addition, steps intended to defeat or bypass security measures designed to prevent intellectual property infringement may be illegal. Arlo Europe may terminate the accounts of users who develop or use methods to defeat or bypass such security measures and may take any other necessary or appropriate action to prevent infringement of intellectual property holders' rights.

5. Changes to your Arlo Service

To the extent possible under the governing law, Arlo Europemay, at its discretion and without notice or user permission, change, add, or remove features and functionality of the Arlo Services. If you are dissatisfied with any material changes to the Arlo Services during a subscription, you may immediately terminate your use of the Arlo Services. Arlo Europe is under no obligation to provide any or all features and functionality to your Arlo System and may, at its discretion, discontinue the provision of software updates to certain Arlo Systems. Because different Arlo Systems may support different features and functionality the level of service Arlo Europe provides may not be the same for each Arlo System.

6. Service eligibility/Parental advisory

Use of the Arlo Services requires that your Arlo System has access to an always-on, broadband internet connection. To enable the Arlo Services all Arlo Systems must be registered at my.arlo.com or ARLO-approved Arlo apps, such as the official ARLO iOS and Android apps .

THE ARLO SERVICES ARE INTENDED FOR USERS WHO ARE AT LEAST 18 YEARS OF AGE OR OLDER. BECAUSE THE ARLO SERVICES MAY PROVIDE ACCESS TO VIDEO OR IMAGES THAT CONTAIN EXPLICIT CONTENT INCLUDING EPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE. PARENTAL DISCRETION IS ADVISED FOR ALL USERS UNDER THE AGE OF 18.

7. Member Conduct

You understand that all information, data, text, software, photographs, video, messages, tags, feedback, comments, questions, other information or materials captured by Arlo Europe Product(s) or Services ("Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Arlo Europe, are entirely responsible for all Content that you capture, upload, post, email, transmit or otherwise make available via the Arlo Services.

Arlo Europe does not control the Content posted via the Arlo Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Arlo Europe be liable for any Content, including but not limited to,

a) any errors or omissions in any Content

(b) any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Arlo Services including viewing, copying or redistribution of the Content;

(c) loss or destruction of Content; or

(d) failure to comply with any and all applicable federal, state, and local laws with respect to use of the Arlo Services including but not limited to laws related to closed-circuit television monitoring for any purpose and recording in public areas.

You also understand that We do not guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we do not guarantee the authenticity of any data that users or merchants may provide about themselves. We do not 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 Arlo Services.

You agree not to use the Arlo Services to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy; harm minors in any way; impersonate any person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Arlo Services; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail, "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose; interfere with or disrupt the Arlo Services or servers or networks connected to the Arlo Services (including without limitation denial-of-service attacks) or disobey any requirements, procedures, policies or regulations of networks connected to the Arlo Services; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ and any regulations having the force of law; and "stalk" or otherwise harass another.

Arlo Europe does not view your private photographs or videos without your permission , but you agree that Arlo Europe and its designees will have the right (but not the obligation) in their sole discretion to screen and/or remove Content that is made, or attempted to be made, publicly available via the Arlo Services. Arlo Europe may also refuse or remove Content from the Arlo Services that may violate the Terms, such as those prohibitions listed in herein.

Without limiting the foregoing, we will have the right at any time to remove any Content that violates these Terms, is illegal, or we believe may be illegal or inappropriate (including, but not limited to, removal upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.

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. You acknowledge, consent and agree that we may access, preserve and disclose your account information and/or Content if required to do so by law or in a belief that such access, preservation or disclosure is reasonably necessary to

(a) comply with legal process, including without limitation subpoenas and search warrants

(b) enforce these Terms

(c) respond to claims that any Content violates the rights of third parties

(d) respond to your requests for customer service or

(e) protect the rights, property or personal safety of Arlo Europe, its users and the public.

You understand that the technical processing and transmission of the Arlo Services, including your Content, may involve(a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Arlo Services and software embodied within the Arlo Services may include security components that permit digital materials to be protected and that use of these materials is subject to usage rules set by Arlo Europe and/or content providers who provide content to the Arlo Services.

You may not attempt to override or circumvent any of the usage rules embedded into the Arlo Services. Any unauthorized or illegal reproduction, publication, further distribution or public exhibition of the materials provided on the Arlo Services, in whole or in part, is prohibited.

8. Content submitted or made available for inclusion on the Arlo Services.

We do not claim ownership of Content you submit or make available for inclusion on the Arlo Services. Nevertheless, with respect to Content (including all related intellectual property rights) you submit or make available for the Arlo Services, you grant Arlo Europe the following worldwide, royalty-free, nonexclusive, perpetual, irrevocable, sub-licenseable and transferable license(s), as applicable: the license to use, distribute, reproduce, modify, adapt, make derivative works of, publicly perform and publicly display such Content on the Arlo Services solely in connection with providing you the Arlo Services, as permitted through the functionality of the Arlo Services and under these Terms. You grant Arlo Europe the right to maintain a copy of the Content (including all related intellectual property rights) for archival and legal purposes. You also hereby do and shall grant each user of the Arlo Services a non-exclusive license to access and use your Content through the Arlo Services, as solely permitted through the functionality of the Arlo Services and directed by you and under these Terms.

When you use a third-party application, the application may ask for your permission to access your  content and information in order for the application to work as intended. Your agreement with the provider of that application will control how the application can use, store, and transfer that content and information, so be sure to thoroughly read any such application’s terms of service and only use applications from trusted providers.

When you use a third-party application, the application may ask for your permission to access your content and information to enable the application to work as intended. Your agreement with the provider of that application will control how the application can use, store, and transfer that content and information, so be sure to thoroughly read any such application’s terms of service and only use applications from trusted providers.

For clarity, the foregoing license grants to Arlo Europe do not affect your ownership of or right to grant additional licenses to the material in your Content, unless otherwise agreed in writing.

9. Subscription Fees

Some Arlo Services require an ongoing subscription. You agree to pay your subscription fee in advance. Your subscription period is stated in yoursubscription plan. Your subscription fee will cover the Arlo Services covered in your  subscription plan. You may have a choice of subscription payment options and may change your selected payment option by notifying Arlo Europe in accordance with the subscription plan. If for any reason you need to reactivate a terminated subscription you may be charged a reactivation fee. If you register for the Arlo Services under a promotional subscription fee, some additional restrictions may apply. Whatever your subscription payment option, your subscription fee does not include any services, features or functionality other than the Arlo Services as defined in the plan you choose. Arlo Europe may offer multiple subscription plans with varying levels and services.

10. Payment authorization

To sign up for a subscription option with recurring payments, complete the required registration details online, select your method of payment, check the box to “Automatically Renew my Service Plan,” and click “Continue.” You will receive an e-mail confirmation of your auto renewal once you complete the initial payment process. If you choose a subscription option with recurring payments (i.e. the monthly and annual subscriptions) you agree that Arlo Europemay automatically charge the subscription fee to the credit or charge card provided and associated with your account at the beginning of each period at the frequency you have selected unless and until you cancel the subscription option by unchecking the auto-renewal option in your Arlo account settings at my.arlo.com or canceling your Arlo Services. You must cancel prior to the subscription fee being charged to the credit or charge card. If you signed up at a promotional rate any renewals past the promotional period will be charged at the then effective subscription fee. Access to your Arlo Services will not be established until ARLO or its agent has verified that the credit card information is valid, accurate and that your credit card account is in good standing. You will receive an e-mail reminders of your auto renewal 30 and 7 days prior to any applicable renewal. You will also receive a reminder email a day before your date of renewal reminding you that your subscription option will be renewed for an additional period.

To the extent possible under the governing law, Arlo Europe may change the Arlo Services fees or charge additional fees for features and functionalities that are not a part of the Arlo Services. Such fee changes and additional charges will generally not take place until the renewal date for your subscription, and if you are dissatisfied with the fee changes or additional charges, you may terminate your use of the Arlo Services because of the implementation of such fee changes or additional charges and be entitled to a pro-rated refund of any of your paid for, but unused, fees for using the Arlo Services. Arlo Europe will notify you by an email to the email address on record for your account in advance of any fee changes or new fees.

Arlo Europe may suspend or terminate your Arlo Services without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks the return of payments previously made to Arlo Europe for Arlo Services. You agree Arlo Europe may charge interest on all amounts due that remain unpaid for 30 days or more. The monthly interest will equal 1.5% of the past due amount or the highest rate allowed by law, whichever is less, until the past due amount and interest is paid. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Arlo Europe. Arlo Europe may refer your account to a third party for collection in the event of ongoing default.

11. Internet service provider and cell phone charges

The Arlo Services require the use of a broadband Internet connection. You are responsible for any service charges for your internet connection or data plan incurred as a result of using or accessing the Arlo Services and acknowledge and agree that you will be solely responsible for all disputes with any internet service or cell phone provider relating to same. In particular, streaming and viewing recorded videos and the use of the apps may incur extra and substantial charges on devices that use a data plan. Arlo Europe is not responsible for and does not make any assurances about the availability, functionality, or cost of any broadband internet connection or other data plan.

12. Using the Arlo Services

You may access and use the Arlo Services only with an Arlo System that is authorized to communicate with the Arlo Europe Websites. You agree not to tamper with or otherwise modify your Arlo System. The Arlo Services are provided for your personal, non-commercial use and may not be resold, in whole or in part. Except as expressly provided in these Terms, you may not transfer the Arlo Services or the right to receive them. By using the Arlo Services you agree to receive all software updates and upgrades that Arlo Europe sends to your Arlo System. If you disable the automatic upgrade feature of the Arlo System then certain functionality of the Arlo System may be adversely impacted. Even if you disable the automatic upgrade feature of your Arlo System, Arlo Europe or Arlo Inc. may still implement critical Arlo System updates; updates for Arlo applications running on your iPhone, iPad, Android phone, or tablet; and Arlo back end service updates. If your Arlo System accesses the Arlo Europe Websites (regardless of your payment or subscription status) you acknowledge and agree that you are a user of the Arlo Services and are bound by the provisions of these Terms.

13. Termination of service

You may request termination of your account and your right to use the Arlo Services at any time without limitation. The Arlo Services will be terminated within approximately 5 business days after your request. Any unused Arlo Services fees, including subscription fees, may not be refundable under this method of termination. Upon termination of your account, certain information may not immediately be deleted from Arlo Europeor its agents’ systems, including without limitation log entries, diagnostics, analytics coming from devices tied to the user; transaction details of the account; or information subject to search warrant, subpoenas, or other legal process.

Notwithstanding anything to the contrary in these Terms, Arlo Europe retains the absolute right to immediately terminate your account if the subscription charges are refused for any reason, if you breach any provision of these Terms, if you misuse the Arlo Services, and/or if you alter your Arlo System or use the Arlo Services or software in such a manner as to infringe upon the intellectual property rights of Arlo Europe or any third party.

In addition, we may terminate your account and these Terms for any other reason if the following occurs:

Arlo Europe gives you at least 30 days advance notice of such termination. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the Arlo Services before termination, and Arlo Europe will give you a pro-rated refund of any of your paid for, but unused, Arlo Services fees that will remain unused because of Arlo Europe’s termination under this method of termination. Termination of the Arlo Services may result in the forfeiture and destruction of all information associated with your membership, including Content.

All provisions of these Terms which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

14. Notice

Arlo Europe may provide you with notices, including those regarding changes to these Terms, by email, regular mail, text message, postings or updates to the Arlo Europe Websites or other reasonable means now known or hereinafter developed.

15. Title to software and intellectual property

You may need to use certain software programs in your Arlo System to use or have full access to certain features of the Arlo Services. You are required to accept and use the software included in your Arlo System at the time of purchase and other software programs that may be delivered to your Arlo System by Arlo Europe from time to time. Arlo Europe and/or its subsidiaries, affiliates, and licensors retain title or right of use to and ownership of all the software for the Arlo System and certain intellectual property rights in the Arlo System. Arlo Europe and/or its affiliates also retain ownership or right of use of all ARLO Product(s) or Services copyrights and trademarks. In the case of third party software delivered by Arlo Europe and/or its subsidiaries and affiliates to the Arlo System, the applicable third party retains title to and ownership of its software, copyrights and trademarks.

Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute or use for other purposes the Arlo System or the software of the Arlo System is strictly prohibited, unless such prohibition is not allowed under the applicable law. If you install any Arlo Europe software applications on your home computer ownership and the other terms of such use are governed by the applicable End User License Agreement to which you must agree prior to installation.

16. Notice and procedure for making claims of copyright or intellectual property Infringement

Arlo Europe respects the intellectual property of others and we require our users to do the same. Arlo Europe  may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat intellectual property infringers. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated please provide Arlo Europe with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest

a description of the copyrighted work or other intellectual property interest that you claim has been infringed;

a description of where the material that you claim is infringing is located on the site;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.

Please post this information to:

Legal Department, Verisure Ireland DAC, Building 4100, Cork Airport Business Park, Cork, Ireland.

17. Open source software

Certain components of the software for the Arlo System are subject to the GNU General Public License ("GPL") or other so-called open source licenses ("Open Source Software"). Open Source Software may not be subject to the restrictions in Section 15 of these Terms. You are free to use, modify and distribute Open Source Software that is subject to the GPL so long as you comply with the terms of the GPL (available at www.gnu.org/copyleft/gpl.html). For clarification, these Terms do not limit your rights under, or grant you rights that supersede, the license terms of any applicable Open Source Software.

18. Links

You may provide a link to your personal Arlo site. Any link to any Arlo Service must be to its home or top-level page.

The Arlo Services may provide, or third parties may provide, links to other world wide websites or resources. Because Arlo Europe has no control over such sites and resources you agree that Arlo Europe is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further agree that Arlo Europe will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.

19. Special admonitions for international use

Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or from the country in which you reside. 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.

20. No resale of Arlo Services

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the Arlo Services (including your Arlo ID), use of the Arlo Services or access to the Arlo Services.

21. Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ARLO EUROPE AND ITS SUBSIDIARIES AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCLUDING BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST ARLO EUROPE AND ITS SUBSIDIARIES AND AFFILIATES OR THE ARLO SERVICES, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY PROVISION OF THESE TERMS, YOUR MISUSE OF THE ARLO PRODCUTS AND/ OR SERVICES, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF ARLO EUROPE PRODUCTS OR SOFTWARE.

22. Warranty and Warranty disclaimer

TO THE EXTENT POSSIBLE UNDER GOVERNING LAW, YOU UNDERSTAND AND AGREE THAT THE ARLO EUROPE PRODCUTS AND  SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARLO EUROPE MAKES NO WARRANTY THAT THE ARLO SERVICES WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE ARLO SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE NOR DOES ARLO EUROPE MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ARLO SERVICES (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE ARLO SERVICES WILL BE CORRECTED OR THAT THE ARLO EUROPE PRODUCTS OR ARLO SERVICES WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, ARLO EUROPE DOES NOT WARRANT THAT THE ARLO SERVICES OR THE ARLO SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARLO EUROPE ALSO ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES THAT MAY INFECT YOUR ARLO PRODUCT(S), COMPUTER SOFTWARE, OR OTHER HARDWARE.

ARLO EUOPRE’S EQUIPMENT AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF CERTAIN EVENTS, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, ROBBERIES AND MEDICAL PROBLEMS. ARLO EUROPE MAKES NO GUARANTEE OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE ARLO EUROPE EQUIPMENT AND SERVICES PROVIDED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. ARLO EUROPE DOES NOT UNDERTAKE ANY RISK THAT YOU OR YOUR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH YOU, NOT ARLO EUROPE.

ARLO EUROPE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE ARLO SERVICES, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, THE LAST SENTENCE OF THIS SECTION MAY NOT APPLY TO YOU. ARLO EUROPE HEREBY FURTHER EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS FOR SERVICE FAILURES THAT ARE DUE TO NORMAL PRODUCT WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION OR YOUR NON-COMPLIANCE WITH ANY AND ALL APPLICABLE FEDERAL, STATE OR LOCAL LAWS. OTHER THAN AS PERMITTED BY LAW, ARLO EUROPE DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY. FOR OUR AUSTRALIAN CUTOMERS: PLEASE NOTE THAT THIS WARRANTY IS IN ADDITION TO ANY STATUTORY RIGHTS IN AUSTRALIA IN RELATION TO YOUR GOODS WHICH, PURSUANT TO THE AUSTRALIAN CONSUMER LAW, CANNOT BE EXCLUDED.

23. No third-party beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms.

24. Limitations of Arlo's liability

You understand that you use the Arlo Product(s) and Services at your own risk and  agree to defend, indemnify and hold Arlo Europe harmless from and against any and all damages, liabilities costs and expenses (including but not limited to legal fees) arising out of, related to or incurred by Arlo Europe in connection with or as a result of any claim or proceeding made or brought against Arlo Europe as a result of you purchasing the Arlo Europe Product(s) or Arlo Services.

 IN NO EVENT WILL ARLO EUROPE’S TOTAL LIABILITY FOR ANY DAMAGES IN ANY ACTION BASED ON OR ARISING OUT OF OR IN CONNECTION WITH YOU AGRREING TO THESE TERMS OF SERVICE EXCEED THE TOTAL AMOUNTS PAID BY YOU TO ARLO EUROPE UNDER THESE TERMS OF SERVICE FOR THE TWELVE MONTH PERIOD PRIOR TO THE DATE OF THE ACTION. TO THE EXTENT PERMITTED BY LAW ARLO EUROPE SHALL ACCEPT NO LAIBILITY IN RELATION TO ANY CONTENT RECORDED BY YOU.

 

THE ABOVE LIMITATION IS CUMULATIVE AND SHALL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.

25. General Information

Entire Agreement. These Terms constitute the entire agreement between you and Arlo Europe and govern your use of the Arlo Product(s) and Arlo Services superseding any prior agreements between you and Arlo Europe. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Arlo Services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. To the extent possible under your local law, these Terms and the relationship between you and Arlo Europe will be governed by the laws of Ireland.

To the extent possible under your local law, any dispute arising from or relating to the subject matter of this Agreement will be finally settled by arbitration in Dublin, Ireland, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND ARLO EUROPE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR COURT SITTING OR TO PARTICIPATE IN A CLASS ACTION.

Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction of the Courts in Ireland. .

Waiver and Severability of Terms. The failure of ARLO Europe to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of these Terms remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Arlo account is nontransferable and any rights to your Arlo ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

26. Contact

The following Arlo Europe entity can be contacted in the event an issue arrises under these terms. .

Legal Department

Verisure Ireland DAC

Building 4100

Cork Airport Business Park

Cork

Ireland.