Terms of Service Agreement for Australia
Last updated May 26, 2020
Welcome! eero LLC (“eero”) sells a Wi-Fi mesh system that combines simple hardware and easy-to-use cloud, mobile and device software. The result: your eero devices (each an “eero Device”) work in unison to blanket your home with hyper-fast, super-stable Wi-Fi.
PLEASE READ THIS MASTER TERMS OF SERVICE AGREEMENT (THE “AGREEMENT” OR “THIS AGREEMENT”) CAREFULLY. BY ACCESSING OR USING WWW.EERO.COM OR ANY OTHER WEBSITES OF EERO, ITS AFFILIATES OR AGENTS WITH LINKS TO THIS AGREEMENT OR OUR MOBILE APPLICATIONS (COLLECTIVELY, THE “SITE”) IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE SITE, THE EERO DEVICES (INCLUDING ANY SOFTWARE EMBEDDED IN THE DEVICES) AND THE APPLICATION (EACH A “SERVICE” AND COLLECTIVELY THE “SERVICES”), CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE SITE OR DOWNLOADING EERO’S MOBILE APPLICATION (THE “APPLICATION”), YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH EERO, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE AGREEMENT. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, THAT VISITED THE SITE OR THAT YOU IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITE.
Your use of, and participation in, certain Services or your purchase of eero Devices, may be subject to additional terms, including eero Secure Service terms (“Supplemental Terms”), and such Supplemental Terms will either be listed in the Agreement or will be presented to you for your acceptance when you sign up to use the Supplemental Services or to purchase eero Devices. If the Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service or eero Device. The Agreement and any applicable Supplemental Terms are referred to herein as the “Agreement”.
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY US AT ANY TIME.
When changes are made, eero will make a new copy of the Agreement available at the Site, and any new Supplemental Terms will be made available from within, or through, the affected Service on the Site. We will also update the “Last Updated” date at the top of the Agreement. We may also send you an email to the last address you provide to us pursuant to the Agreement. Any changes to the Agreement will be effective immediately or on the effective date indicated. If you reside in a jurisdiction that requires that notice be given to you of certain changes, we will inform you in due time and remind you of your rights. YOUR CONTINUED USE OF THE SITE, EERO DEVICES OR SERVICES FOLLOWING THE POSTING OF CHANGES TO THE AGREEMENT INDICATES YOUR ACCEPTANCE OF SUCH CHANGES. However, eero may also require you to consent to material changes in the updated Agreement in a specified manner before further use of the Site or Services is permitted. If you do not agree to any change(s), you shall stop using the Site and the Services.
Use of the Company Properties
The Software (defined below), Site, Services and the information, data, text, sound, photographs, graphics, video and/or other materials available on the Site and in the Application and the Services (collectively, the “Company Properties”) are protected by copyright laws throughout the world. Subject to the Agreement, eero grants you a limited licence to reproduce portions of the Company Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by eero in a separate agreement, your right to use any Company Properties is subject to this Agreement.
Subject to your compliance with the Agreement, eero grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install and use a copy of the Application on mobile devices that you own or control and to run such copy of the Application solely for your own personal or internal business purposes.
Use of any software embedded in the eero Device (“Software”) is governed by this Agreement. Any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, or redistribution or use on a service bureau basis. You are not permitted to use or otherwise rely on the Software for any commercial or production purposes. Subject to your compliance with the Agreement, eero grants you a non-assignable, non-transferable, non-sublicensable, revocable, non-exclusive licence to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by the Agreement. Some components of the Software may be offered under an open source licence that we will distribute or make available to you. There may be provisions in the open source licence that expressly override some of the terms in this Agreement. Except with respect to code licensed under an open source licence, the Software is proprietary software of eero and its licensors and you agree not to take any action or enter any agreement that would result in any contractual requirement that eero or its licensors make available the Software source code to any third party.
eero may from time to time develop patches, bug fixes, updates, upgrades and other modifications to the performance of the Services, the Application or the Software involving basic connectivity, setup, and over the air updates (“Updates”) for which it will not charge Registered Users any additional fee. By using the Services, Application or the Software, you hereby consent to the automatic downloading and installation of these Updates at no additional cost to you, which may be automatically downloaded and installed into your mobile device and eero Devices, as applicable, without providing any additional notice or receiving any additional consent.
If you do not want such Updates, your sole remedies are: (i) for eero Application Updates is to turn off the auto-update functionality in your mobile device settings or delete the eero Application from your mobile device; and (ii) for eero Device Software Updates is to terminate your eero account and cease use of your eero Devices. If you later undo any of the foregoing (e.g. by turning on the auto-update functionality on your mobile device or restarting use of your eero Device), you understand that the automatic download and installation of Updates will start again, and you consent to such automatic Updates. To the extent that any Updates are not automatically installed, you acknowledge that you may be required to install Updates to continue use of, or access to the full functionality of, the Services, Application, and eero Devices and you agree to promptly install such Updates.
If any Update incorporates new features or functionality that require Registered Users to pay an additional amount to use or access such feature or functionality (a “Premium Update”), eero will notify you in advance and offer you the opportunity to accept or decline such Premium Update.
The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Company Properties or any portion of the Company Properties, including the Site; (b) you shall not frame or utilise framing techniques to enclose any trademark, logo, or other Company Properties (including images, text, page layout or form) of eero; (c) you shall not use any metatags or other “hidden text” using eero’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Company Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Company Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Company Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Company Properties. Any future release, update or other addition to the Company Properties shall be subject to the Agreement. eero, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorised use of the Company Properties terminates the licences granted by eero pursuant to the Agreement.
Third-party materials and services
The following Additional Terms apply to your use of the Company Properties or eero Devices:
Any warranties or additional purchasing terms that eero includes with your eero Devices or Services; and
Any additional terms or conditions eero may supply from time to time.
In the event of a conflict between the Agreement and the terms in any of the above Additional Terms, the Additional Terms shall control with respect to the applicable product or service.
Please refer to eero’s Privacy Notice at www.eero.com/legal/privacy to understand eero’s privacy practices and how we collect and process your personal information through eero Services and Devices.
Registering your Account
In order to access certain features of the Company Properties you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a User who has registered an account through the Application (“Account”) by providing information directly to eero. eero may also enable the ability for you to login using your Amazon login credentials, in which event we may receive such Personal Data from the relevant Amazon Affiliate.
In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Company Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. If you are under 18, you cannot register yourself for the Services, and you may use the eero Services only with involvement of a parent or guardian. You are responsible for all activities that occur under your Account to the extent permitted by applicable law. You are responsible for maintaining the confidentiality of your Account and login credentials and for restricting access to your Account. You agree to notify eero immediately of any unauthorised use of your Account or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or eero has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, eero has the right to suspend or terminate your Account and refuse any and all current or future use of the Company Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself without authorisation. You agree that you shall not have more than one Account per platform at any given time. You agree not to create an Account or use the Company Properties if you have been previously removed by eero, or if you have been previously banned from any of the Company Properties.
Authentication and Network Passwords
Account login authentication
In order to login to your Account, you must enter a temporary identification code that we will send to an email address or telephone number that is registered to your Account. Some features of the Services require Account login and will not be available to you if you do not consent to this process.
Sharing network passwords
The Services permit you to send your network password to third parties via text message for the sole purpose of sharing network information. You acknowledge and agree that before you send a text message to a third party in order to share your network password, you must receive such third party’s prior express consent to receiving your text message.
By sending your network password via text message to a third party, you represent that you have received such third party’s prior express consent to receiving your text message.
You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. We accept payment by a valid credit card (Visa, Mastercard, or any other issuer accepted by us), Apple Pay or PayPal account (“Payment Provider”), or purchase order information in order to purchase eero Devices. Financing (such finance provider would also be a “Payment Provider”) for qualified purchasers may be available. Your Payment Provider agreement governs your use of the designated Payment Provider service, and you must refer to that agreement and not the Agreement to determine your rights and liabilities. By providing eero with your credit card number or other Payment Provider account and associated payment information, you agree that eero is authorised to immediately invoice your Account for all fees and charges due and payable to eero hereunder and that no additional notice or consent is required. You agree to immediately notify eero of any change in your billing address or the credit card or Payment Provider account used for payment hereunder. eero reserves the right at any time to change its prices and billing methods, either immediately upon posting on Company Properties or by email delivery to you.
You must notify us in writing if you dispute any of our charges on your credit card statement. Billing disputes should be notified to the following email address: firstname.lastname@example.org
Agreed usage and limitations of eero services
Intended user of eero services
The Company Properties are intended to be accessed and used for non-time-critical information and control of eero Devices and/or products. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. Access to the Company Properties is subject to sporadic interruptions and failures for a variety of reasons beyond eero’s control, including service provider uptime, mobile notifications and network providers, among others. You acknowledge these limitations and agree that, to the fullest extent possible by law, eero is not responsible for any damages allegedly caused by the failure or delay of access to the Company Properties.
High Risk Applications
The Company Properties and the eero Devices are not designed or warranted for use in applications or environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, life support machines, surgically implanted devices, weapons systems, or other applications, devices, or systems in which the failure of the Company Properties or the eero Devices, or any part thereof, could lead directly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). Notwithstanding any other provision of this Agreement, you may not use or permit any third party to use the Company Properties or the eero Devices, or any part thereof, in connection with any High Risk Activities. To the fullest extent possible by law, you assume all risk of such uses, and if you or any third party you permit, use of the Company Properties or the eero Devices, or any part thereof, in connection with High Risk Activities, you agree to indemnify, defend, and hold the eero Entities (as defined below) harmless from all claims, expenses, and liability arising as a result of such use. This provision does not require you to indemnify any eero Entity for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promises, misrepresentations, or concealment, suppression or omission of any material fact in connection with the Company Properties or the eero Devices. You agree that the provisions in this section will survive any termination of your Account, the Agreement, or your access to the Company Properties.
No life-safety or critical uses of the Services
You acknowledge and agree that the eero Devices and the Company Properties, whether standing alone or when interfaced with third-party products or services, are not certified for emergency response. eero makes no warranty or representation that use of the eero Devices or any of the Company Properties with any third-party product or service will affect or increase any level of safety.
Reliability of notifications
You acknowledge that the Services, including remote access and mobile notifications, are not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive notifications in any given time or at all. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON YOUR EERO DEVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. The information provided by eero on what to do in an emergency is based on authoritative safety sources, but there is no way for eero to provide specific information relating to a situation in your home or elsewhere. You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.
The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other risk management reasons. You agree that you will not be entitled to any refund or rebate for such suspensions. eero does not offer any specific uptime guarantee for the Services.
The Services will not be accessible without: (i) an Account; (ii) mobile clients, such as a supported phone or tablet that is running the Application (required for some functionality); (iii) always-on broadband Internet access in your home; and (iv) other system elements that may be specified by eero. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met. In addition, you acknowledge that eero may activate Bluetooth on your smartphone or tablet, with or without prior notification, to facilitate proper operation of the Services and enable certain features when you use the Application to set up new eero Devices and manage eero Devices connected to the same eero Account.
The Services provide you information (“Device Information”) regarding the eero Devices in your home and their connection with other products and services. All Device Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date.
You warrant, represent and agree that you will not use the Company Properties (or permit any third party to use the Company Properties) to (a) take any action or (b) make available any Content on or through the Company Properties that: (i) violates the rights of any third party including by infringing or misappropriating any third party intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any local, state, national or international law, statute, ordinance or regulation; (iii) is unlawful, threatening, abusive, harassing, defamatory, libellous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, embarrassing, hateful or otherwise inappropriate; (iv) constitutes unauthorised or unsolicited advertising, junk or bulk email; (v) involves commercial activities and/or sales, such as contests, sweepstakes competitions, barter, advertising or pyramid schemes, without eero’s prior written consent; (vi) impersonates any person or entity, including without limitation any employee or representative of eero, claims a false affiliation, accesses any other Account without permission, or falsifies your age or date of birth; (vii) contains a virus, Trojan horse, worm, time bomb, or other harmful computer code, file or programme; (viii) jeopardises the security of your eero Account or anyone else’s eero Account (such as allowing someone else to log in to the Services as you); (ix) attempts, in any manner, to obtain the password, account, or other information about any other User or third party without consent; (x) violates the security of any computer network, or cracks any passwords or security encryption codes; (xi) interferes with security-related features of the Services, including by disabling or circumventing features that prevent or limit use or copying of any content; (xii) runs Maillist, Listserv, or any form of auto-responder or “spam” on the Company Properties, or any processes that otherwise interfere with the proper working of the Company Properties (including by placing an unreasonable load on the Services’ infrastructure); (xiii) copies or stores any portion of the Content made available on or in any of the Company Properties; (xiv) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Company Properties; or (xv) uses the Services to support or carry out emergency calls to any emergency services, such as public safety answering points; or (xvi) attempts to do any of the acts described in this section.
Interactions with other users
If you comment on any blogs or forums available on through the Company Properties, you are solely responsible for your interactions with other Users; provided, however, that eero reserves the right, but has no obligation, to intercede in any disputes. You agree that eero will not be responsible for any liabilities incurred as the result of such interactions. eero has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to any comments posted on Company Properties. You interact with other Users at your own risk. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE COMPANY PROPERTIES. YOU UNDERSTAND THAT EERO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE COMPANY PROPERTIES.
Energy Savings and Other Benefits
eero does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Devices or Services or any feature of them. Actual energy savings and monetary benefits vary with factors beyond eero’s control or knowledge. From time to time, as a part of the Services, eero may provide you with emails containing information that is unique to you and your energy usage and suggests an opportunity to save money on energy bills if you adopt suggestions or features of the Devices or Services. We do this to provide you with insights based on our analyses and information about you and your use of the Devices. You acknowledge that these emails are not a guarantee of actual savings, and you agree not to seek monetary or other remedies from eero if your actual savings differ from the information in these emails.
Data protection, privacy, and other laws where you live may impose certain responsibilities on you and your use of the eero Devices and Services. You agree that you (and not eero) are responsible for ensuring that you comply with any and all applicable laws when you use the eero Devices and Services.
Third Party Products and Service
The Services rely on or interoperate with certain third-party products and services (“Third-Party Products and/or Services”). These Third-Party Products and/or Services are beyond eero’s control, but their operation may impact on or be impacted by the use and reliability of the Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on the operators of these Third-Party Products and/or Services, (ii) these Third-Party Products and/or Services may not operate in a reliable manner 100% of the time, and they may impact on the way that Services operate, and (iii) to the fullest extent possible by law, eero is not responsible for damages and losses due to the operation of these Third-Party Products and/or Services. While any of your information in eero’s possession will be subject to eero’s Privacy Notices, use of any Third Party-Products and/or Services is also governed by separate terms and conditions provided by the operator(s) of the applicable Third-Party Products and/or Services.
Interface to other Third Party Products and/or Services
Third Party Website Links and Referrals
The Site may contain links to other websites operated by third parties (“Third-Party Sites”) and referrals to third-party vendors (“Referred Vendors”). Such Third-Party Sites and Referred Vendors are not under our control. eero provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to such Third-Party Sites or Referred Vendors.
Third Party Service Providers used by eero
You acknowledge that eero uses third party service providers to enable some aspects of the Services.
Equipment, ISP, and Carrier
You acknowledge and agree that the availability of the Application(s) is dependent on the Third-Party Sites from which you download the Application(s) (e.g. the App Store from Apple or the Android app market from Google (each an “App Store”)). You acknowledge that this Agreement is between you and eero and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Application(s) from it. You agree to comply with, and your licence to use the Application(s) is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of this Agreement, the more restrictive or conflicting terms and conditions in this Agreement apply.
Release regarding Third Parties
You acknowledge and agree that eero makes no representation or warranty about the safety of any Third-Party Product and/or Service, Third-Party Site, Referred Vendor, Equipment, ISP or Carrier, and that eero is not responsible for the operation of the App Stores. Accordingly, to the fullest extent possible by law, eero hereby disclaims and you hereby discharge, waive and release eero for the use of any such products or services, or any personal injury, death, property damage (including without limitation, to your home), or other harm or losses arising from or relating to your use of such products or services. You should contact the third-party vendor of the product or service with respect to any services provided by it.
You agree that eero and its suppliers own all rights, title and interest in the Company Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or the Company Properties.
Trademarks and Patents
eero’s name and other related graphics, logos, service marks and trade names used on or in connection with the Company Properties are the trademarks of eero and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Company Properties are the property of their respective owners.
One or more patents owned by eero apply to the Company Properties and the Devices and to the features and services accessible via the Company Properties and the Devices. Portions of the Company Properties and the Devices operate under licence of one or more patents.
Except with respect to any Content that you post on the Site (“Your Content”), you agree that you have no right or title in or to any Content that appears on or in the Company Properties.
eero does not claim ownership of Your Content. However, when you post or publish Your Content on or in the Company Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and licence to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
License to Your Content
You hereby grant eero a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and licence to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing the Company Properties to you and to our other Users. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Company Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the licence stated above. You agree that you, not eero, are responsible for all of Your Content that you make available on or in the Company Properties.
Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums or blogs on or in the Company Properties, you hereby expressly permit eero to identify you by your username as the contributor of Your Content in any publication in any form, media or technology now known or later developed, in connection with Your Content.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the existence of your Account, and you further acknowledge and agree that all rights in and to the continued existence of your Account are and shall forever be owned by and inure to the benefit of eero. eero reserves the right to refuse service, terminate accounts, terminate your rights to use the Company Properties, remove or edit content, or cancel orders if it determines that you have breached this Agreement or applicable law.
eero may email Registered Users customer satisfaction surveys – typically one within a few weeks after initial set-up of the Registered User’s first eero Device, and another several months after initial set-up of the first eero Device. Your participation in responding to these surveys is voluntary. You agree that submission of any ideas, suggestions, documents and/or proposals to eero through its surveys, as well as any suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that eero has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to eero a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and licence to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Company Properties.
Procedure for making claims of copyright infringement
It is eero’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to eero by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Site of the material that you claim is infringing; (4) your address, telephone number and email address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf. Contact information for eero’s Copyright Agent for notice of claims of copyright infringement is as follows: eero LLC, c/o Amazon.com Legal Department, P.O. Box 81226, Seattle, WA 98108; email: email@example.com.
At any time, eero may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate this Agreement with respect to you, if eero in good faith believes that you wrongfully acquired an eero Device or have used the Services in violation of this Agreement, including any incorporated guidelines, terms or rules. If you transfer an eero Device to a new owner, your right to use the Services with respect to that eero Device automatically terminates, and the new owner will have no right to use the eero Device or Services under your Account and will need to register for a separate Account with eero. Upon termination of this Agreement, your Account and your right to use the Company Properties will automatically terminate.
You agree that you will be responsible for your use of the Company Properties, and you agree, to the fullest extent possible by law, to defend, indemnify, and hold harmless eero, its licensors, and their officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “eero Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees and costs, arising out of or in any way connected with your actual or alleged violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right. eero reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with eero’s defence of such claim. This provision does not require you to indemnify the eero Entities for any unconscionable commercial practice, fraud, deception, false promise, misrepresentation, or concealment, suppression or omission of any material fact in connection with the Site, Application or any Services provided hereunder, and you will not have obligations under this section for a claim to the extent caused by the gross negligence or willful misconduct of eero or our affiliates. You agree that the provisions in this section will survive any termination of your Account, the Agreement, or your access to the Company Properties.
THE WARRANTY FOR EERO DEVICE IS SET FORTH IN THE LIMITED WARRANTY THAT ACCOMPANIES THE DEVICE AND IS AVAILABLE AT WWW.EERO.COM/LEGAL/WARRANTY. THIS SECTION DOES NOT AFFECT IN ANY WAY OUR LIMITED WARRANTY OR OUR RETURN & REFUND POLICY AVAILABLE AT WWW.EERO.COM/LEGAL/RETURN-POLICY FOR THE EERO DEVICES.
THE COMPANY PROPERTIES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. EERO ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE COMPANY PROPERTIES, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
IN NO EVENT WILL EERO ENTITIES BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT EERO ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. NOTWITHSTANDING THE FOREGOING, EERO DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF AN EERO ENTITY OR FOR (B) ANY INJURY CAUSED BY AN EERO ENTITY’S FRAUD OR GROSS NEGLIGENCE.
EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Access outside certain countries
Although the Site is accessible worldwide, the eero Devices and Services provided or accessed through or on the Site are not available to all persons or in all countries. If you choose to access the Site from outside a country in which eero supports the eero Device and Services (you can review the supported country list at https://support.eero.com/hc/en-us/articles/209572406-Does-eero-work-outside-of-the-US-), you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Site, the Devices and the Services are not designed for use in all countries and some or all of the features of the Site, Devices or Services may not work or be appropriate for use in every country. To the fullest extent possible by law, eero accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Site, Devices or Services in countries that are not on the supported country list. You will be bound by this Agreement wherever you access or use the Site or use the Services.
The laws of New South Wales govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of New South Wales. Each party consents to the exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party&s, its affiliates& or any third party&s intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement.
This Agreement (including the various additional terms incorporated herein by reference) constitutes the entire agreement between you and eero, and supersedes any and all prior agreements, negotiations, or other communications between you and eero, whether oral or written, with respect to the subject matter hereof, and, except as expressly provided herein, cannot be modified except in writing signed by both parties.
In the event that any provision of the Agreement is held to be invalid or unenforceable, then: (a) such provision shall be of no force and effect and shall be severed from the Agreement; and (b) the remainder of the Agreement shall continue in full force and effect.
Compliance with laws
You agree to abide by all applicable laws in your use of the Site and eero Device, including export control laws and similar regulations governing the transfer of software and other technology outside of the United States, the European Union, or other jurisdictions.
You may not assign this Agreement without the prior written consent of eero, whether expressly or by operation of law, including in connection with a merger or change of control, and any such attempted assignment shall be void and of no effect. eero may assign this Agreement without restriction. Subject to the foregoing, this Agreement shall be binding on the parties and their respective successors and permitted assigns.
You acknowledge and understand that if eero is unable to provide the Site or eero Device as a result of a force majeure event eero will not be in breach of this Agreement. A force majeure event means any event beyond the control of eero.
The failure to exercise, or delay in exercising, a right, power or remedy provided in this Agreement or by law shall not constitute a waiver of that right, power or remedy. eero’s waiver of any obligation or breach of this Agreement shall not operate as a waiver of any other obligation or subsequent breach of this Agreement.
Consent to Electronic Communications
Please read our Privacy Notice to learn more about your choices regarding our electronic communications practices, including your ability to opt out or unsubscribe from marketing or other promotional communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Where eero requires that you provide an email address, you are responsible for providing eero with your most current email address. In the event that the last email address you provided to eero is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Agreement, eero’s dispatch of the email containing such notice will nonetheless constitute effective notice. eero is not responsible for any automatic filtering you or your network provider may apply to email notifications. You must give notice to eero at the following email address:firstname.lastname@example.org
You may not use, export, import or transfer eero Devices, or any services accessible via the Site, except as authorised by US law, the laws of the jurisdiction in which you obtained access to the Site or are using eero Devices, and any other applicable laws. In particular, but without limitation, eero Devices and services accessible via the Site may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals or the US Department of Commerce’s Denied Person’s List or Entity List. By using services accessible via the Site or ordering eero Devices, you represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and (ii) you are not listed on any US Government list of prohibited or restricted parties.
Questions, complaints, and claims
If you have any questions, complaints or claims, please contact us by emailing email@example.com, by writing to eero LLC, 660 3rd Street, 4th Floor, San Francisco, CA 94107 USA, ATTN: Customer Support, or calling +1-877-659-2347. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.