eero Plus Service
Last updated 6/13/2017
Acceptance of eero Terms of Service Agreement.
Welcome to the eero Plus Service (“Plus Service”). Your use of the Plus Service is subject to these Additional Terms, which supplement the Terms of Service Agreement (“TOS Agreement”) located at https://eero.com/legal/tos incorporated by reference. eero, Inc. (“eero”) reserves the right to update and change from time to time, these Additional Terms and any documents incorporated herein by reference. You can always find the most recent version of these Additional Terms at www.eero.com/legal/eero-plus and the most recent version of the TOS Agreement at the URL indicated above. In the event of any inconsistency between these Additional Terms and the TOS Agreement, these Additional Terms shall control with respect to the Plus Service.
IF YOU DO NOT ACCEPT THESE ADDITIONAL TERMS, YOU MAY NOT USE OR ACCESS THE PLUS SERVICE. IF YOU HAVE PAID THE SUBSCRIPTION FEE FOR THE USE OF THE PLUS SERVICE, AND YOU DO NOT AGREE TO THESE ADDITIONAL TERMS, YOU MAY, WITHIN TEN DAYS OF YOUR INITIAL PURCHASE OF THE PLUS SERVICE, REQUEST A REFUND FOR THE PLUS SERVICE. PROVIDED THAT YOU CERTIFY THAT YOU HAVE NOT USED, AND WILL NOT USE, THE PLUS SERVICE.
WHEN YOUR INITIAL SUBSCRIPTION TERM FOR THE PLUS SERVICE (“INITIAL SUBSCRIPTION PERIOD”) EXPIRES, YOUR SUBSCRIPTION WILL AUTOMATICALLY BE RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL SUBSCRIPTION PERIOD AT EERO’S THEN CURRENT FEE FOR SUCH PLUS SERVICE UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 8 BELOW.
The eero Plus Service consists of the features at www.eero.com/plus, and includes technical assistance by email and by telephone (“Technical Assistance”).Except as modified by these Additional Terms, the Plus Service shall be included within the definition of “Services” set forth in the TOS Agreement and all terms applicable to the Services shall also apply to the Plus Service.
Ownership and Intellectual Property Rights.
eero. All rights and title in and to the Plus Service, including all proprietary materials, intellectual property rights for the Plus Service and documentation related thereto, the processes and methods employed by eero and its licensors, and/or materials distributed by eero during any presentations, proof of concepts or demonstrations of the Plus Service (collectively the “eero Materials”) belong to eero and its licensors.
Customer. All rights and title in and to the data or information submitted by or on behalf of Customer to the Plus Service (“Customer Data”), including all intellectual property rights therein, belong to Customer. No rights are granted to eero and its licensors other than as expressly set forth in this Agreement.
Customer Guidelines and Responsibilities. Customer agrees and understands that (i) it shall (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of all Customer Data; (b) prevent unauthorized access to, or use of, the Plus Service, and notify eero promptly of any such unauthorized access or use; and (c) comply with all applicable laws in using the Plus Service, (ii) in order for eero to provide the Plus Service, Customer is responsible for forwarding its web traffic to eero via valid forwarding mechanisms that allow for automatic fail over (i.e. PAC, IPSEC, GRE tunnels), (iii) it is responsible for supplying eero with any technical data and other information eero may reasonably request to allow eero to provide the Plus Service to Customer, and (iv) eero shall have the right to (a) utilize the malware, spam botnets or other information related to the Plus Service for the purposes of (1) maintaining, improving and/or analyzing the Plus Service, (2) complying with all legal or contractual requirements, and /or (3) making malicious or unwanted content anonymously available to its licensors for the purpose of further developing and enhancing the Plus Service; and (b) develop and commercialize benchmarks and measures based on aggregated data.
Customer Restrictions. Customer shall not (and will not allow any third party to (i) use the Plus Service to access blocked services in violation of applicable laws and/or regulations; (ii) use the Plus Service to run automated queries to websites (as the website may blacklist eero IPs for all of its, or its partner’s/licensor’s customers; (iii) interfere with or disrupt the integrity or performance of the Plus Services or the data contained therein; or (iv) without the express written consent of eero, conduct any benchmarking or comparative study or analysis involving the Plus Service for any reason or purpose, except, to the limited extent absolutely necessary, to determine the suitability of the Plus Service to interoperate with Customer’s internal systems.
eero Guidelines and Responsibilities.
eero shall use commercially reasonable measures to maintain the security and integrity of the Plus Service and the Customer Data and to provide technical and organizational safeguards against accidental, unlawful or unauthorized access to or use of, destruction, transfer, disclosure or alteration of Customer Data.
eero reserves the right to manage bandwidth or route traffic across the Internet in a commercially optimal way, provided such actions do not compromise eero’s obligations regarding the Customer Data.
eero reserves the right to suspend Customer’s access to or download of the Plus Service in the event that Customer’s use of the Plus Service represents an imminent threat to the network of eero or its licensors, or if so directed by a court or competent authority.
Third Party Materials.
Customer acknowledges that the Plus Service may include software or other components that are licensed to eero or its licensors for use in the Plus Service, including but not limited to open source software (“Third Party Materials”). The inclusion of these Third Party Materials will not create any obligation on the part of Customer to license Customer’s software or products under any open source or similar license. To the extent that portions of the Plus Service are distributed under and subject to open source licenses obligating eero or its licensors to make the source code for such portions publicly available, eero will make such source code portions (including eero modifications, as appropriate) available to Customer upon request.
Warranty and Availability.
Technical Assistance Warranty. eero warrants that the Technical Assistance will be performed in a professional manner in accordance with industry standards for services, but does not guarantee that every question or problem will be resolved. eero’s obligation to provide the Technical Assistance does not include services requested as a result of causes or errors which are not attributable to eero or its licensors.
Availability of Plus Service. eero will use reasonable commercial efforts to provide the Plus Service 24 hours a day, 7 days a week. However, there will be occasions when the Plus Service will be interrupted for maintenance, upgrades, and repairs, or as a result of failure of telecommunications links and equipment that re beyond the control or eero or its licensors. We will take reasonable steps to minimize such disruption, to the extent it is within our reasonable control.
Service Subscription Fees
You are responsible for payment of the applicable subscription fee at the time you purchase the Plus Service (the “Service Commencement Date”). If you have selected an annual subscription period, you have thirty (30) days from the Service Commencement Date to cancel the Plus Service, in which case eero will refund your Service Subscription Fee, if already paid pursuant to Section 8, for the Plus Service. Except as set forth above, all fees for the Plus Service are non-refundable. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms, or if eero is required to do so by law, eero has the right, immediately and without notice, to suspend or terminate the Plus Service. You agree that all terminations for cause shall be made in eero’s sole discretion and that eero shall not be liable to you or any third party for any termination of your Account.
Your subscription will continue indefinitely until terminated in accordance with the Terms. After your Initial Subscription Period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each, a “Renewal Commencement Date”) and continue for an additional equivalent period, at eero’s then current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless: (a) (i) if you have selected a monthly subscription period, you cancel your subscription at any time prior to the next Renewal Commencement Date, and (ii) if you have selected an annual subscription period, you cancel your subscription at least (a) thirty (30) days prior to the Renewal Commencement Date (or in the event that you receive a notice from eero that your subscription will be automatically renewed, you will have thirty (30) days from the date of the eero notice), by logging into and going to the “Change/Cancel Subscription” page of your “Account Settings” page. If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please contact eero at 877-659-2347 or log in and go to the “Change/Cancel Subscription” page on your “Account Settings” page. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize eero to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if eero does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that eero may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received.