Legal

eero Secure/Secure+ Service

Last updated October 5, 2020

1. Acceptance of eero Secure Terms of Service Agreement.

   Welcome to the eero Secure Service, which consists of two options: the eero Secure and the eero Secure+ service offerings (collectively the “Secure Service”). Your use of the Secure Service is subject to these additional terms (“Additional Terms”), which supplement the Terms of Service Agreement (“TOS Agreement”) located at https://eero.com/legal/tos, or successor website, incorporated by reference. The term “you” refers to the Registered User and any User who uses the Secure Service in connection with such Registered User's Account. Capitalized terms not defined in these Additional Terms will have the meaning set forth in the TOS Agreement. eero LLC (“eero”) reserves the right to update and change these Additional Terms and any documents incorporated herein by reference from time to time in accordance with the TOS Agreement. You can always find the most recent version of these Additional Terms at www.eero.com/legal/eero-secure, or successor website, 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 Secure Service.

   IF YOU DO NOT ACCEPT THESE ADDITIONAL TERMS, YOU MAY NOT USE OR ACCESS THE SECURE SERVICE.

   WHEN YOUR INITIAL SUBSCRIPTION TERM FOR THE SECURE SERVICE (“INITIAL SUBSCRIPTION PERIOD”) EXPIRES, YOUR SUBSCRIPTION WILL AUTOMATICALLY BE RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL SUBSCRIPTION PERIOD AT THE PRICE QUOTED TO YOU AT CHECKOUT, UNLESS WE OTHERWISE NOTIFIED YOU OF A CHANGE IN PRICE FOR SUCH SECURE SERVICE AND UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 8 BELOW.

2. Secure Service.

   The Secure Service includes technical assistance by email and by telephone (“Technical Assistance”). Except as modified by these Additional Terms, the Secure 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 Secure Service.

   In addition to providing added security to your home network, the content filtering feature of the Secure Service is intended to block inappropriate content, and we reserve the right to configure the content filtering feature to block content that is unlawful, libelous, defamatory, obscene, pornographic (including child sexual abuse material), indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent or would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law (“Harmful Content”). We and our third-party partners work to identify and block Harmful Content according to our reasonable discretion and any specific content filters you may set using the Secure Service.

3. Ownership and Intellectual Property Rights.

   1. eero. Except as explicitly stated in these Additional Terms, all rights, title and interest in and to the Secure Service, including all information, documentation, data, text, sound, photographs, images, graphics, illustrations, video, materials, the processes and methods employed by eero and its licensors, and/or materials distributed by eero during any presentations, proofs of concept or demonstrations of the Secure Service (collectively the “eero Materials”) belong to eero and its licensors and are protected under both United States and foreign laws. Subject to your compliance with these Additional Terms, you are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use the Secure Service for your own internal use. Any use of the Secure Service other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will automatically result in termination of the license granted herein and violate our intellectual property rights.

   2. Customer. All rights and title in and to the data or information submitted by or on behalf of you to the Secure Service (“Customer Data”), including all intellectual property rights therein, belong to you. No rights are granted to eero and its licensors other than as expressly set forth in the TOS Agreement or these Additional Terms.

   3. Customer Guidelines and Responsibilities. You agree and understand that (i) you 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 Secure Service, and notify eero promptly of any such unauthorized access or use, and (c) comply with all applicable laws in using the Secure Service; (ii) in order for eero to provide the Secure Service, you are responsible for forwarding your web traffic to eero via valid forwarding mechanisms that allow for automatic fail over (i.e. PAC, IPSEC, GRE tunnels); (iii) you are responsible for supplying eero with any technical data and other information eero may reasonably request to allow eero to provide the Secure Service to you; and (iv) eero shall have the right to (x) utilize the malware, spam botnets or other information related to the Secure Service for the purposes of (1) maintaining, improving and/or analyzing the Secure 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 Secure Service; and (y) develop and commercialize benchmarks and measures based on aggregated data.

   4. Customer Restrictions. You shall not (and will not allow any third party to) (i) use the Secure Service to access blocked services in violation of applicable laws and/or regulations; (ii) use the Secure Service to run automated queries to websites; (iii) interfere with or disrupt the integrity or performance of the Secure 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 Secure Service for any reason or purpose, except, to the limited extent absolutely necessary, to determine the suitability of the Secure Service to interoperate with your internal systems.

   5. Open Source Software. Software licensed under an open source license is governed solely by the terms of that open source license. In the event of any conflict between these Additional Terms, the TOS Agreement, and any other third-party terms applicable to any portion of the software, such as open-source license terms, such other terms will control as to that portion of the software and to the extent of the conflict.

4. eero Guidelines and Responsibilities.

   1. eero shall use commercially reasonable measures to maintain the security and integrity of the Secure 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.

   2. 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.

   3. eero reserves the right to suspend your access to or download of the Secure Service in the event that your use of the Secure Service represents an imminent threat to the network of eero or its licensors, or if so directed by a court or competent authority.

   4. Please refer to eero’s Privacy Policy at https://eero.com/legal/privacy, or successor website, to understand our privacy practices for the Secure Service.

5. Third Party Materials.

   You acknowledge that the Secure Service may include third-party products, services, software or other components that are licensed to eero or its licensors for use in or in conjunction with the Secure Service, including but not limited to open source software (collectively, “Third-Party Materials”). We provide Third-Party Materials as a service to those interested in such content. Other than the Secure Service providing bundled subscriptions to, and billing for, Third-Party Materials, your dealings or correspondence with third parties and your use of or interaction with any Third-Party Materials are solely between you and the third party. eero does not control, and makes no representations or warranties regarding, any Third-Party Materials, and your access to and use of such Third-Party Materials is at your own risk.

6. Warranty and Availability.

   1. Technical Assistance Warranty. eero warrants that the Technical Assistance will be performed in a professional manner in accordance with industry standards for similar services but does not guarantee that every question or problem will be resolved. eero’s obligation to provide Technical Assistance does not include services requested as a result of causes or errors which are not attributable to eero or its licensors.

   2. Availability of Secure Service. eero will use reasonable commercial efforts to provide the Secure Service twenty-four (24) hours a day, seven (7) days a week. However, there will be occasions when the Secure Service will be interrupted for maintenance, upgrades, and repairs, or as a result of failure of telecommunications links and equipment that are beyond the control of eero or its licensors. We will take reasonable steps to minimize such disruption, to the extent it is within our reasonable control.

   3. The Secure Service is provided by eero "as is" and "as available" without any warranty of any kind (including, without limitation, any warranty that all Harmful Content will be blocked). eero disclaims all warranties, express or implied, with respect to the Secure Service, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; and does not represent or warrant that the Secure Service is accurate, complete, reliable, current or error-free. You are fully responsible for your access to and use of the internet and all of your activities associated therewith.

7. Service Subscription Fees; Termination

   You are responsible for payment of the applicable subscription fee at the time you purchase a new or upgraded Secure Service (the “Service Commencement Date”). Unless legally required, the price stated does not include any taxes that we may charge. Except as required under applicable law, you have thirty (30) days from the Service Commencement Date to cancel the Secure Service, in which case eero will refund your Service Subscription Fee. If you have purchased or received the Secure Service from a third party, including but not limited to a one-time code, gift card, or pre-paid offer, separate terms and conditions pertaining to your purchase may apply that supersede these terms, including regarding refundability. Except as set forth in these Additional Terms, all fees for the Secure Service are non-refundable. Failure to make timely payments constitutes a material breach of these Additional Terms. We reserve the right to modify the Secure Service or to suspend, terminate or stop providing all or portions of the Secure Service at any time. eero is not responsible for any loss or harm related to your inability to access or use the Secure Service.

   By subscribing to the Secure Service, you authorize eero to charge your payment provider as accepted by eero (your “Subscription Payment Provider”) now, and again at the beginning of any subsequent Renewal Period (defined below). Note that if you purchase or receive the Secure Service from a third party, your Subscription Payment Provider may be the preferred payment method you have on file with that third party. Upon renewal of your subscription, if eero does not receive payment from your Subscription Payment Provider, (i) you agree to pay all amounts due for your subscription upon demand, and/or (ii) you agree that eero may either terminate or suspend your subscription and continue to attempt to charge your Subscription Payment Provider until payment is received (upon receipt of payment, your subscription will be activated and for purposes of automatic renewal, and your Renewal Period will begin as of the day payment was received).

   You may upgrade your eero Secure service subscription to an eero Secure+ service subscription at any time, subject to payment of the increased subscription fee. If you upgrade to the eero Secure+ service, the upgrade will take effect immediately and the term of your eero Secure+ service may be extended as described at the time you upgrade your plan. If you downgrade from eero Secure+ to eero Secure, unless otherwise specified, the downgrade will take effect in your next billing cycle and your next billing statement will reflect the lower subscription fee.

8. Free Trials and Automatic Renewal of Subscriptions.

   If you are a new Registered User, you will be automatically enrolled in a free, 30-day trial of the eero Secure service offering, limit one per new customer account (“Free Trial”). You may cancel this Free Trial at any time by logging into your Account and going to the “Change/Cancel Subscription” page of your “Account Settings” page. Unless you elect other subscription payment or renewal options at the time you register your Account or your Free Trial starts, at the end of this Free Trial: (i) if you wish to continue subscribing to the eero Secure service offering, you will be asked to provide your Subscription Payment Provider information, and (ii) if you do not wish to continue receiving the benefits of the eero Secure service offering, you do not need to take any further action; the Free Trial will end, and you will no longer receive the eero Secure service offering.

   If you created your Account before 2019 but have not yet subscribed to the Secure Service, if you subscribe to the eero Secure service offering, you will first receive a Free Trial (limit one per customer account).

   If applicable, at the end of the Free Trial, your Subscription Payment Provider will be charged the applicable subscription fee, as agreed by you and eero when you subscribed to the eero Secure service offering or registered your Account (without further notice or consent, unless required by applicable law). You may still cancel an automatic renewal of a Free Trial anytime at least 24 hours before the end of the applicable Free Trial by logging into your Account and going to the “Change/Cancel Subscription” page of your “Account Settings” page.

   The length of your Initial Subscription Period will initially be for the duration option offered by eero and accepted by you at checkout. Your subscription will renew for the same duration (“Renewal Period”) until terminated, upgraded, or downgraded in accordance with these Additional Terms or the TOS Agreement. After your Initial Subscription Period, and again after any subsequent Renewal Period, your renewed 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 the price quoted to you at checkout, unless we otherwise notified you of a change in price.

   If you have selected a monthly subscription period, you must cancel your subscription at least twenty-four (24) hours prior to the next Renewal Commencement Date, and if you have selected a longer subscription duration, you must cancel your subscription at least 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). You may cancel your subscription by logging into and going to the “Change/Cancel Subscription” page of your “Account Settings” page.

   If you do not wish your subscription 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.