eufy Expert Monitoring Service

eufy Terms of Service

These Terms of Service (hereinafter these “Terms”) are a binding agreement between you (hereinafter “you” or “user”) and [Myne Limited Inc.] and its affiliates (collectively, “Eufy”, “we”, “us” and “our”). These Terms are applicable to any person or entity who accesses or uses any of the Services (as defined herein) or creates an account and accepts these Terms.

Before using our Services, you should carefully read and fully understand all the terms and conditions of these Terms, especially those regarding service fees, applicable laws, dispute resolution, the exemption of us from liabilities, and your rights and obligations.

By clicking “Agree” on the order placement webpage, creating and/or using a user account (hereinafter “Account”), and/or accessing or using the Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, or if these Terms are not enforceable where you are located, you may not use the Services. We will not provide the Services without the conditions in these Terms. If you use the Services after reviewing these Terms but later seek to repudiate them or any aspect thereof, you agree that such action would constitute a breach of these Terms, prohibiting you from enforcing any aspect of these Terms and entitling us to damages resulting from your breach.

If you access our Services via Amazon, by providing your payment information during any free trial setup or related process (even if no payment is immediately processed), you similarly acknowledge and agree to these Terms.

If you do not agree to these Terms, you have the right to exit and cease using our Services.

NOTICE REGARDING USE OF SMOKE AND CARBON MONOXIDE DETECTORS: IF YOUR PRODUCT INCLUDES SMOKE DETECTORS OR YOU ARE CONSIDERING PURCHASING SUCH A PRODUCT, THERE MAY BE SPECIFIC GUIDELINES FOR THE INSTALLATION, MAINTENANCE AND PLACEMENT OF SUCH PRODUCTS. WE RECOMMEND CONTACTING YOUR LOCAL AUTHORITIES OR CONSULTING A PROFESSIONAL TO ENSURE YOUR PRODUCTS ARE SET UP CORRECTLY. YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS AND STANDARDS CONCERNING THE INSTALLATION, MAINTENANCE AND PLACEMENT OF YOUR PRODUCTS. SEE YOUR PRODUCT MANUAL FOR ADDITIONAL DETAILS.

PRACTICE MODE PERIOD DURING INITIAL SET UP: TO HELP YOU GET FAMILIARIZED WITH YOUR PRODUCT, THE DEFAULT SETTING OF OUR MONITORING SERVICES INCLUDES A [SEVEN (7)-DAY] PERIOD FOLLOWING THE INITIAL ACTIVATION OF YOUR PRODUCTS (THE “PRACTICE MODE PERIOD”) DURING WHICH WE WILL NOT NOTIFY YOU, ANY AUTHORITIES OR ANY EMERGENCY CONTACTS, OR TAKE ANY OTHER ACTION IN CONNECTION WITH ANY ALARM SIGNAL WE RECEIVE, EVEN IF DUE TO AN ACTUAL EMERGENCY EVENT. YOU ACKNOWLEDGE THAT IT MAY TAKE TIME FOR THE SYSTEM STATUS TO CHANGE FROM “PRACTICE MODE” TO “ACTIVE” FOR OUR MONITORING SERVICES. NO RESPONSE TO ALARM SIGNALS, INCLUDING THOSE INDICATING AN ACTUAL EMERGENCY EVENT, WILL OCCUR UNTIL YOUR SYSTEM STATUS CHANGES FROM “PRACTICE MODE” TO “ACTIVE”. SUCH TRANSITION TIME MAY OCCUR EVEN IF YOU ELECT TO OPT OUT OF THE PRACTICE MODE PERIOD.

NOTICE REGARDING ARBITRATION: PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES US TO ARBITRATE ANY DISPUTES (DEFINED BELOW) ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT NEITHER PARTY WILL HAVE THE RIGHT (A) FOR A JUDGE OR JURY TO DECIDE ITS CLAIMS OR (B) TO PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

1.Defined Terms.

“Application” means [eufy App], which includes the software or subscription services that may be downloaded to your smartphone, tablet or other connected device (or any related or connected third-party mobile devices or product peripherals that control or connect to any of the foregoing) to access Services (whether paid or free) remotely.

“Products” means the products you have purchased from Eufy.

“Services” mean the services you have selected to receive from Eufy, including but not limited to any Emergency Dispatch Services, Video Monitoring Services, EufyExpert Monitoring services relating to the remote management of the Product through the Application or otherwise, and the customer support services provided by Eufy in support of any of the foregoing.

“Premises” means the premises at which the Product is located.

2.User Account, Accuracy and Security.

When you access and use certain parts of the Services, you may be asked to create an Account and provide information that personally identifies you. After successfully creating your Account, you can use it to log in to Eufy without needing to create an Account again.

For the information you provided, we will only process that information for the purposes of verification of your identity and providing the Services, and will not process that information for unrelated purposes. You represent and warrant that all user information you provide in connection with your Account and your use of the Services is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy by updating your personal profile. You agree that you will not submit any fake content (including without limitation any username, likeness, or profile) to impersonate another person, whether actual or fictitious. If we believe in our sole discretion that the information you provide is not current, complete, or accurate, we have the right to refuse you access to the Services.

You may be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Services. You further acknowledge that you will be responsible for your use of any “password keeper” applications or fingerprint and facial recognition as a password option. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Services. You agree to notify us immediately of any unauthorized use of your Account. We shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your Account.

If you reach out to our customer service, you consent to the method of contact you initiated. Similarly, you agree to allow us to contact you using any available methods, utilizing the contact details provided in your Account. This may include one-way or two-way video-enabled communication options, accessible via your mobile device, through our Application, or any other mobile or web interface currently available or developed in the future. Unless otherwise specified in a separate service agreement, we will not charge you additional fees for providing or receiving such customer support services; however, your wireless service provider may impose charges for air-time or data usage. Please consult your wireless carrier if you have questions regarding your wireless plan.

3.Privacy Notice, Video Content, and Cookies.

By using our Services, you represent and warrant that you have read and understood and agree to be bound by the Privacy Notice. As explained more fully in the Privacy Notice, our Services may include online technologies and code-based tools, including cookies, pixels, web beacons, and software development kits, that track information about your activity on Eufy websites (collectively, “Cookies”). Cookies may result in information about your activity on Eufy websites being transmitted from your browser to Eufy and to third parties, which, in turn, may result in the display of targeted advertisements on third-party websites, services, or platforms (“External Sites”). Whether Cookies result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of Eufy’s knowledge or control, including what external sites you use, what information you have provided to external sites, and whether (and the extent to which) you have limited the use of Cookies by the operators of external sites.

Our Services may also involve the processing of video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Video Content is provided for the purpose of enhancing the user experience on Eufy and is, therefore, provided in connection with Eufy’s business activities related to advertising, customer service, and account management. Eufy is not in the business of renting, selling, or delivering Video Content in a commercial manner. By using our Services, you agree that we are not a “video tape service provider,” as defined in the Video Privacy Protection Act (“VPPA”), 18 U.S.C.A. § 2710 or similar state laws.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT, IF COOKIES USED ON OR IN CONNECTION WITH EUFY OR OUR SERVICES RESULT IN YOUR BROWSER’S TRANSMISSION OF INFORMATION TO EXTERNAL SITES, (I) SUCH TRANSMISSIONS DO NOT CONSTITUTE A “KNOWING DISCLOSURE” OF “PERSONALLY IDENTIFIABLE INFORMATION” BY EUFY UNDER THE VPPA AND (II) YOU WILL NOT INITIATE ANY LITIGATION OR OTHERWISE ASSERT ANY CLAIM AGAINST EUFY BASED, IN WHOLE OR IN PART, ON SUCH TRANSMISSIONS, WHETHER UNDER THE VPPA, THE CALIFORNIA INVASION OF PRIVACY ACT (CAL. PENAL CODE § 630 ET SEQ.), OR ANY OTHER STATUTE, REGULATION, OR CAUSE OF ACTION.

4.Eligibility.

By accessing and/or using our Services, you represent and warrant that you are at least eighteen (18) years of age, and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using our Services on behalf of a business entity, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that business entity.

5.Purchases, Payments, and Refunds.

If you purchase a Product through our Services, you will be required to provide your billing and shipping information as well as information regarding your credit or debit card (each, a “Payment Method”) so that we or our partners may charge you for the costs and fees associated with your purchase. You represent and warrant that you are the authorized account holder on all Payment Methods, and acknowledge and agree that we have the right to charge your Payment Method for the cost of the Products, and all taxes, shipping, and handling fees communicated to you at the time of your purchase.

Your order is an offer to us to buy the Product(s) in your order. When you place an order to purchase a Product, we will send you an email confirming receipt of your order and containing the details of your order (the “Order Confirmation Email”). The Order Confirmation Email is acknowledgment that we have received your order, and does not confirm acceptance of your offer to buy the Product(s) ordered. We only accept your offer, and conclude the contract of sale for a Product ordered by you, when we dispatch the Product to you and send email confirmation to you that we’ve dispatched the Product to you.

If you are not fully satisfied with any Product, you may return the Product, in its original packaging, to us for a refund within thirty (30) days of the date of your purchase. You can request and arrange for such a refund by contacting us via our websites or the Application by filling out the form at https://service.eufy.com/expertsecure-system. After the 30-day refund window has expired, your only recourse regarding the Products is through our warranty. If you generate alarm notifications exceeding normal usage levels, Eufy reserves the right to impose additional charges or terminate the service agreement.

6.Term and Termination.

The length of these Terms will continue until all Subscriptions are terminaed pursuant to Section 7.

Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny the use of our Services to any person for any reason or no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in these Terms, or of any applicable law or regulation, suspected fraudulent activity, service abuse, or actions harming Eufy’s interests (e.g., malicious alarm triggers, unauthorized technical modifications), or failure to pay Subscription Fees or other charges.

Any termination of these Terms automatically terminates all rights and licenses granted to you under these Terms, including all rights to use our Services. Upon termination, we may, but have no obligation to, in our sole discretion, rescind any Services and/or delete from our systems all your personal information and any other files or information that you made available to us or that otherwise relate to your use of our Services. Upon termination, you shall cease any use of our Services.

Upon termination, Eufy may delete your account data, disable device access, and take necessary measures to prevent unauthorized use of Services. You agree to indemnify Eufy for any losses resulting from your breach, including legal fees and operational costs.

7.Subscriptions and Auto-Renewal.

Certain Services may require you to enroll in a subscription service plan before they can be accessed or used (a “Subscription”). Subscriptions automatically renew on a monthly basis (each, a “Subscription Period”) until they are cancelled pursuant to this section. You have the right to cancel your Subscription without fee or penalty at any time. You may cancel your Subscription at any time by (i) opening service section in the sidebar, and going to My Service/Expert Monitoring submenu, then Clicking “Plan & Billing/Unsubscribe", then clicking “confirm”. Such notice by you shall be effective upon our receipt thereof. If you cancel your Subscription, cancellation will be effective at the end of the then-current Subscription Period. After cancellation, you will have continued access to the applicable Services for the remainder of the then-current Subscription Period, but you will not receive any refund, unless otherwise stated by us at the time of cancellation. The provision of a refund in one instance will not entitle you or any person to a refund unless specifically agreed to by us. For cancellation to take effect, you must submit your cancellation request at least three (3) business days prior to your next billing date. Cancellation requests submitted within three (3) business days of the billing date will not take effect until the following billing cycle.

Eufy has the right to cancel your Subscription and/or these Terms without fee or penalty at any time. Eufy shall provide notice of termination to you by e-mail sent to the email address on file with Eufy for your current online account. Eufy’s termination shall be effective when we send the e-mail notice. If you do not provide Eufy an e-mail address, then Eufy may send you written notice of the termination by regular mail, postage pre-paid and any such notice shall be effective upon five (5) days following the day on which Eufy sent the notice.

While payment options will vary from time to time, they will require you to pay a recurring fee (a “Subscription Fee”). The Subscription Fee will be billed on a monthly basis at the beginning of each Subscription Period. This means that, after your initial Subscription Period concludes, and again after any subsequent Subscription Periods, your Payment Method will be automatically billed for the next Subscription Fee until you cancel your Subscription. By registering for a Subscription, you authorize us to charge your designated Payment Method on a recurring basis for the applicable Subscription Fee.

Subscriptions may be subject to additional terms (“Additional Terms”) presented to you prior to registration. Please carefully review the terms of the applicable offer before registering for a Subscription. We may change Subscription Fees from time to time, but we will communicate any price changes to you in advance in the manner required by applicable law (if any) and, if applicable, we will tell you how to accept those changes. Changes in Subscriptions Fees will take effect at the start of the next Subscription Period.

If charges are declined, Eufy will resubmit the charges for approval and notify you of the declined charges by e-mail while continuing to provide Emergency Dispatch Services for ten (10) days. If the charges are not approved and you do not make payment, Eufy may, in its sole discretion, discontinue any Services without notice at or after the end of the ten (10) day period. If you otherwise do not pay any charges when due, Eufy may, in its sole discretion, terminate these Terms and/or discontinue any or all Services without notice. For any past due bills that have not been paid, Eufy reserves the right to charge your Payment Method at Eufy’s sole discretion at any time permitted by law.

The Subscription Fee for our Services does not include charges for any additional services you may choose to purchase separately for your own use, including but not limited to 4G data packages, cloud storage services, or any other optional add-ons. You are solely responsible for any such additional purchases, and Eufy shall have no obligation to provide or reimburse these services as part of your standard Subscription.

If your monthly billing date cycle falls on a weekend or holiday, we may charge you the next business day. In the event your payment is returned for insufficient or uncollected funds, you authorize us to resubmit to the extent permitted by the ACH Rules or applicable law. Payment processing fees associated with your form of payment, such as currency conversion fees, insufficient fund fees, reversal fees, or overdraft fees are your responsibility and will not be reimbursed by us.

When you enroll in a Subscription, we may receive automatic updates from your issuing bank in order to keep your form of payment information current. First, locate the original subscription confirmation email you received when you first subscribed and click the Subscription button in that email. This will take you to your Subscription page, where you can find Payment Method and click the edit to update it.

We may also offer you to pre-pay for one or more months. In a situation where you decide to pre-pay for future Services, you do so voluntarily and may still cancel your Subscription subject to the terms herein.

You acknowledge that discontinuing our Services might affect the provision of life-saving assistance and could necessitate verification by Customer Service to ensure the validity of the cancellation request. This includes confirming the account holder’s identity, ensuring the termination request is genuine and not coerced by external parties, and verifying the requested cancellation date if it is set for the future. Engaging with Customer Service is the most reliable method to ensure that the termination of potentially life-saving services is managed correctly.

8.Free Trials.

On certain occasions, we may offer free trials of Subscription-based Services. If you do not cancel your free trial within the time period set forth in the free trial offer terms, the free trial will automatically convert to a Subscription, unless prohibited by applicable law. This means that we will charge your Payment Method for the applicable Subscription Fee once your free trial ends and we will continue charging you for each subsequent Subscription Period until you cancel the Subscription. You may cancel a free trial or Subscription at any time by opening service section in the sidebar, and going to My Service/Expert Monitoring submenu, then Clicking “Plan & Billing/Unsubscribe", then clicking “confirm.

9.Disclaimer of Warranties.

TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, THE PRODUCTS AND THE SERVICES ARE PROVIDED “AS IS.” EUFY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE PRODUCTS, THE SERVICES OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE APPLICATIONS OR EUFY, TO THE EXTENT PERMITTED BY LAW. EUFY DISCLAIMS IMPLIED WARRANTIES THAT THE PRODUCTS, THE SERVICES AND ALL SOFTWARE, CONTENT, SERVICES, AND INFORMATION DISTRIBUTED ON OR THROUGH THE APPLICATION OR EUFY ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EUFY OR A REPRESENTATIVE SHALL CREATE A WARRANTY.

WE DOES NOT GUARANTEE THAT THE PRODUCTS OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF EUFY, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. EUFY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING. EUFY IS NOT LIABLE FOR ANY LOSSES ARISING FROM YOUR RELIANCE ON THE SERVICES OR PRODUCTS, EXCEPT AS REQUIRED BY LAW. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10.INSURANCE.

EUFY’S CHARGES ARE BASED SOLELY ON THE VALUE OF SERVICES PROVIDED AND ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF PROPERTY LOCATED ON OR NEAR THE PREMISES. YOU ACKNOWLEDGE AND AGREE THAT EUFY IS NOT AN INSURER AND SHALL NOT PROVIDE INSURANCE COVERAGE AGAINST ANY LOSSES, AS DEFINED BELOW. TO THE EXTENT YOU WISH TO HAVE ANY INSURANCE COVERAGE FOR LOSSES, AS DEFINED BELOW, IT IS YOUR RESPONSIBILITY TO PROCURE AND MAINTAIN SEPARATE INSURANCE POLICIES FROM AN INSURANCE COMPANY OR COMPANIES, SOLELY AT YOUR COST AND EXPENSE, COVERING ALL LOSS, DAMAGE OR EXPENSE (COLLECTIVELY, "LOSSES"), INCLUDING ALL PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), ECONOMIC LOSSES OR ANY OTHER FORM OF LOSS, DAMAGE OR EXPENSE, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY THESE TERMS, PRODUCTS OR SERVICES.

11.LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF EUFY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, STRICT PRODUCT LIABILITY, SUBROGATION, INDEMNIFICATION, CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY ARISING FROM OR RELATING TO THESE TERMS, THE PRODUCTS OR SERVICES, EUFY’S MAXIMUM LIABILITY WILL BE LIMITED TO A SUM NEVER TO EXCEED $500, AND THIS LIABILITY SHALL BE EXCLUSIVE. EUFY MAY ASSUME A GREATER LIABILITY, BUT ONLY FOR AN ADDITIONAL CHARGE TO BE AGREED UPON BY YOU AND EUFY IN WRITING PURSUANT TO A RIDER. THIS LIMITATION OF LIABILITY APPLIES TO ALL OF OUR PRODUCTS AND SERVICES, SUCH AS INSTALLATION, MAINTENANCE, OR MONITORING. THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR, AMONG OTHER DAMAGES, DIRECT DAMAGES, CONSEQUENTIAL DAMAGES, PERSONAL INJURY, LOSS OF LIFE, PROPERTY DAMAGE, BUSINESS INTERRUPTION AND LOSS OF WAGES OR EARNING CAPACITY. THROUGHOUT THIS AGREEMENT, EUFY IS DEFINED TO INCLUDE ITS EMPLOYEES AND SUBCONTRACTORS. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED IN A MANNER WHICH WOULD MAKE THIS SECTION, IN WHOLE OR IN PART, VOID OR UNENFORCEABLE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY RECKLESSNESS, WILLFUL, OR WANTON MISCONDUCT OF EUFY.

12.Indemnification.

If anyone other than you (including your insurance company) asks any Released Party to pay for any losses, damages, claims, actions, demands, causes of action, proceedings including but not limited to legal costs and fees (“Losses”), arising out of or in connection with, due to, or caused in whole or in part by (i) this Agreement, including any breach of any representation, warranty, covenant or obligation arising hereunder, (ii) the System, (iii) the Services, (iv) the active or passive sole, joint, or several negligence of any kind or degree of you or any Released Party, (v) the improper operation or non-operation of the System, (vi) breach of contract, express or implied, (vii) breach of warranty, express or implied, (viii) the loss or damage to or malfunction of facility necessary to operate the System, transmit any signal to or receive signals at any Monitoring Facility, (ix) claim for subrogation, indemnification or contribution, (x) a violation of any applicable consumer protection law or any other theory of liability or alleged fault on the part of any Released Party, or (xi) any unauthorized access, use or disclosure of your personal information, you shall indemnify, defend and hold such Released Party harmless for all Losses, asserted against or incurred by such Released Party.

The Released Parties each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Released Parties. You may not settle any Claim without the prior written consent of the concerned Released Parties.

You release Eufy for all Losses covered by your insurance policies and for all insurance deductibles. You also waive and release any subrogation and other rights you or your insurance company may have against Eufy for money paid to you or on your behalf.

13.Additional Equipment or Services.

You have chosen the Products based on your individual preferences, such as cost, the condition of your property, insurance requirements, and other factors. There may be additional Products to enhance detection capabilities at an extra cost. Any supplementary equipment or services provided by Eufy will be governed by these Terms.

Please be aware that your local government may require a license, permit, or tax payment related to the installation, use, or monitoring of the Products. You are solely responsible for fulfilling these obligations and providing us with any current license or permit numbers. Please note that we do not offer installation or repair services for the Products. You are responsible for supplying and maintaining adequate power for all equipment associated with the Products.

14.Consent to Communications, Notifications, and Alerts.

These Terms apply to messages, alerts, and notifications sent via SMS/text or through our mobile app (collectively referred to as "Notifications") in relation to our programs, Products, and Services. Depending on the Services you have purchased, you and other individuals designated by you (“Responsible Parties”) may have the ability to send Notifications to confirm or cancel dispatch via SMS/text. Please consult your wireless carrier if you have questions regarding your wireless plan.

By purchasing our Services and/or accepting these Terms, you consent to receiving Notifications from us via SMS/text or through our mobile app (collectively referred to as "Messaging Services"). Eufy may contact you by phone, email, SMS/text, or mail to assist you if you appear to need help setting up your Product or signing up for any Services that you may have included in your online purchase. You understand and acknowledge that monitoring Services, including cellular back up features, requires an active Subscription. You further acknowledge and agree that the following scenarios may require us to contact you via SMS/text or phone call: When you successfully subscribe to our Services, we may contact you via phone call or text message to verify that the phone number you provided is active and reachable. This is to ensure that important security-related communications, such as alarm alerts and dispatch confirmations, can be delivered promptly. In the event an alarm is triggered, we may attempt to contact you through SMS/text, phone call, and/or in-app messaging. You need will have 30 seconds to confirm whether emergency dispatch is necessary immediately. If you do not respond within that time, emergency services will be dispatched automatically.

15.If a phone call is answered, you will have 30 seconds from that moment to confirm or cancel the dispatch immediately via voice or SMS/text.

16.If no phone call is answered and no message is replied to, emergency dispatch will proceed as a precautionary measure.

By default, your camera feeds are disabled and not accessible to our monitoring center unless you have expressly authorized access. However, in the event of an emergency alarm, if the monitoring center detects that camera access has not been granted, we may urgently contact you via phone call, SMS/text, or in-app messaging to request temporary access. This access, if granted, may assist monitoring personnel in verifying the alarm event and coordinating an appropriate response.

You understand and acknowledge that monitoring Services, including cellular back-up features, require an active Subscription.

Failure to maintain your Subscription will result in your Subscription being terminated, which includes termination of all monitoring-related services, particularly the ability for our monitoring staff to monitor and support your Product. Such termination may be effective immediately upon the end of your Subscription. Your Product may still function as a local home alarm with some limited online (app and/or web portal) system controls and connectivity.

If you are a subscriber and add a contact to receive Notifications, you agree and confirm that you have informed the contact about the nature of the Notifications and have obtained their consent for us to send Notifications to them.

17.Communication Products and Communication Services.

Certain of our Products (such products, “Communication Products”) are designed to transmit signals to a monitoring center using various communication methods, including, broadband, Wi-Fi, cellular, wireless, and landline services (collectively referred to as “Communication Services”). Users acknowledge that Communication Services may be interrupted, bypassed, unavailable, or otherwise compromised.

If the Communication Services are disrupted, our alarm monitoring facility (the “Monitoring Facility”) will not receive signals from your system, and there will be no indication of such disruption by the Monitoring Facility. You must test the Communication Products on at least a monthly basis and after any installation, modification, or repair of Communication Services. If you are using broadband telephone services, such equipment and services should be installed on a separate line from the one used by your Communication Products to transmit data.

For those using optional telephone backup, an alternative communication method is necessary for making calls when your Communication Product transmits data via telephone. Users must ensure compatibility between their Communication Services and Communication Products, especially when changes are made to these services. Access to the Application depends on your computer, mobile device, home wiring, Wi-Fi network, Bluetooth connection, and other related equipment and services, as well as your Internet service provider and mobile carrier. Users must promptly address any issues with the Communication Services or the Communication Products.

You hereby acknowledge and agree that you have no contractual relationship with any of Eufy’s service providers, including underlying wireless service provider for the Communication Services, the Monitoring Facility, or any of their affiliates and contractors. You further acknowledge and agree that you are not a third-party beneficiary of any agreement between us and our service providers, our service providers and their affiliates and contractors bear no legal or equitable liability to them, and you waive any and all claims or demands in this regard.

You understand that U.S. domestic cellular coverage may be limited or unavailable in certain areas, such as Guam and the U.S. Virgin Islands, Puerto Rico, Alaska and Hawaii. In such locations, installation and use of the Communication Products and Communication Services will rely solely on non-cellular communication, such as home Wi-Fi connectivity. This means that even if a Communication Product includes a cellular module for backup communication with the monitoring center (available with a qualifying service plan), it will not function in areas without cellular coverage.

You acknowledge that federal, state, or local laws and regulations concerning the management of various alarm types and requests for first responder dispatch may apply to your System and Services. You understand that our ability to offer professional monitoring services will depend on local regulations and practices if you activate service in an area governed by such rules. For instance, some municipalities may require multiple alarm signals or real-time audio or visual confirmation before dispatching first responders, while others may mandate that alarms from certain life safety devices, prompt emergency calls regardless of whether the occupants suspect a false alarm.

18.Video Monitoring Services.

Certain of our Services offer “Video Monitoring Services”, comprised of the following:

18.1 the confirmation of alarm incidents by monitoring staff as part of the Emergency Dispatch Services (“Verification Services”), utilizing audio and video from the Products;

18.2 live access to video and audio from the Products via the Application (the “Video Verification” feature, which enables the Monitoring Center’s operator to view related videos when an alarm has been generated, or the “24/7 Live Guard Security” feature, which enables the Monitoring Center’s operator to view the live stream when an alarm has been generated).;

18.3 the storage of recorded video clips on user's HomeBase or attached hard drive

18.4 the use of cameras or other Product components to facilitate human (live or automated) or robotic (pre-recorded warnings or sirens) audio communication with individuals captured in Video Monitoring Services, aiding monitoring staff in engaging with observed individuals to deter unauthorized actions or initiate Emergency Dispatch Services if deemed necessary by monitoring personnel.

You acknowledge that Video Monitoring Services may require specific hardware, such as particular cameras, to enable the transfer of video and audio from your location to monitoring personnel. If you opt for Real-Time Services, our ability to deliver these services will depend on various Product operations and installation factors, such as camera placement to capture incident locations and ensuring the Product is connected, powered, and functioning correctly. It is your responsibility to ensure that any external hard drive intended for video storage is properly installed, compatible with the HomeBase, and operating correctly. We are not liable for any loss of ≤footage or service disruption due to user-side installation errors, hardware malfunctions, or device incompatibility.

You agree that Emergency Dispatch Services may be initiated at the sole discretion of monitoring personnel based on their assessment of the Video Monitoring Services, which may suggest the need for such services even before any Alarm Verification steps are taken. You also understand that Video Monitoring Services may not capture the cause of an alarm event for several reasons, such as camera positioning, obstructions, communication issues, or if the cause does not appear in the Video Monitoring Services within a reasonable timeframe.

Verification Services are intended to assist you and any permitted Monitoring Facility personnel to verify an alarm event at the Premises, not to reduce or eliminate any risk of loss. None of the Video-Related Services are intended to replace alarm monitoring services or to detect or prevent unauthorized intrusion onto the Premises or any other emergency condition, including fire, smoke, carbon monoxide, medical emergencies or water damage. The Verification Services are provided and shall be used by you solely for the verification of alarm events at the Premises and no other purpose. Monitoring Facility personnel will not have access to the Real-Time Services or Recorded Services unless:

18.4.1 you have granted Monitoring Facility personnel such access through the Application; and

18.4.2 such video and audio is received at the Monitoring Facility in connection with the Emergency Dispatch Services.

19.Consent to Recording; Compliance with Applicable Law.

Various federal and state laws restrict unauthorized video recording and the interception and recording of phone calls and other verbal communications through electronic means. If your Product is equipped to record audio and video, it is your duty to comply with relevant laws and regulations. This includes not installing the Product in areas where individuals might expect privacy, such as bedrooms, bathrooms, changing rooms, locker rooms, or similar spaces, and informing individuals that they are entering a monitored area. By activating your Product’s audio and video recording features, you and any other individuals entering your property (who shall be deemed “users”) acknowledge and consent to being monitored. You are responsible for taking all necessary measures to inform individuals on the premises about the potential for video or audio recording, and that they should not expect privacy during conversations when recordings are active. You also agree that these recordings may be used by us to deliver Video Monitoring Services and for legitimate quality assurance purposes. YOU SHALL NOT INTERCEPT OR RECORD ANY VERBAL COMMUNICATION WITHOUT THE CONSENT OF THE INDIVIDUAL INVOLVED. For more details on recording audio or video, please consult our Privacy Notice at https://d7p3a6aivdrwg.cloudfront.net/anker_general/public/agreement/2024/12/13/privacy_notice_en.html.

20.Alarm Systems.

If your Product includes an alarm system (including, e.g., Eufy Water and Freeze Sensor, Eufy Security Smoke Alarm, Eufy Security Siren, HomeBase, Entry Sensor, Motion Sensor, Video Doorbell, Indoor and Outdoor Camera, etc.), you agree to take measures to prevent false alarms and accept full responsibility for any that occur. You are required to pay or reimburse us for any fines, fees, costs, expenses, and penalties related to the Products or Services that are imposed on you, us, or the Monitoring Facility by any individual or entity, including courts, governmental agencies, or representatives thereof.

If (i) you breach these Terms, (ii) these Terms and/or the Services are terminated by either party for any reason, (iii) the Product sends excessive signals to the Monitoring Facility without clear cause, or (iv) the Monitoring Facility personnel deem the Products to be a "problem account," we reserve the right to suspend the Services and you authorize us to disconnect your Products from the Monitoring Facility. Our exercise of any of the foregoing rights does not constitute a waiver of our right to seek damages.

21.Emergency Dispatch Services.

“Emergency Dispatch Services” shall be provided in accordance with these Terms and consist solely of Monitoring Facility personnel telephoning the governmental authorities (“Authorities”) or telephoning or sending SMS/texting notifications and alerts to other persons provided by you or any company that provides on-site response services (“Third Party Responders”) upon the receipt of signals from your Product reporting specific conditions (“Listed Codes”) at the Premises. We shall provide Emergency Dispatch Services only for Listed Codes. Our obligation to provide Emergency Dispatch Services shall be satisfied by Monitoring Facility personnel contacting (or attempting to contact) the Authorities or Responsible Parties or Third Party Responders or by leaving a voicemail or similar type message with the Authorities or Responsible Parties or Third Party Responders. Emergency Dispatch Services are intended to reduce the risk of a burglary, robbery or other events occurring at the Premises but are not a guarantee such events will not occur or that there will be no personal injury or property loss as a result. The Monitoring Facility will not contact (nor attempt to contact) any Third Party Responder on your behalf unless you have specifically contracted with us to provide such service, or you have specifically requested that we provide such service (and we have agreed in writing to do so). Examples of where you might desire that the Monitoring Facility attempt to contact a Third Party First Responder include situations

21.1 where the Premises are located in a jurisdiction in which the applicable Authorities will not respond to alarm signals at the Premises absent prior verification of an actual alarm event, or

21.2 where you desire a faster response time than what might otherwise be provided by the applicable Authorities.

Regardless of the circumstances, however, you acknowledge that, upon receipt of signals from your Product, the Monitoring Facility will not contact (nor attempt to contact), nor have any obligation to contact, any Third Party Responder unless you have previously contracted with us to provide such service or you have previously requested that we provide such service (and we have agreed in writing to do so).

Our Emergency Dispatch Services may necessitate communication with the Responsible Parties. This communication may occur through various methods, including live operator phone calls, pre-recorded messages via auto-dialer, SMS or other text messages, or other electronic means. We will reach out to a Responsible Party using the phone numbers you provide, which may include mobile or residential landline numbers. You are responsible for

21.3 informing the Responsible Parties that we will contact them at these numbers, and

21.4 obtaining their consent for such communications.

You agree to indemnify, defend, and hold us harmless (without requiring us to pay first) against any losses, including reasonable attorneys’ fees, arising from claims related to our communications with any Responsible Parties, including claims under state or federal consumer protection laws, such as the Telephone Consumer Protection Act.

We are not liable for any delays or failures in sending or receiving Notifications. Notifications may not be sent or received if your phone is out of range of a transmission site or if network capacity is insufficient at the time. Even within coverage areas, factors beyond our control or that of your wireless carrier, such as equipment, terrain, proximity to buildings, foliage, and weather, may affect message delivery. You acknowledge that urgent Notifications may not be sent or received promptly, and neither we nor your wireless carrier guarantee their delivery. We are not liable for any damages, losses, or consequences resulting from emergency response actions or failures during the dispatch process, including but not limited to miscommunication with emergency services, delayed response times, or actions taken (or not taken) by police or other first responders.

22.Verification Process for Listed Codes.

Upon receiving a Listed Code, and prior to contacting any Authorities, Responsible Parties, or Third Party Responders, monitoring personnel may, at their discretion, perform one or more of the following actions to verify the necessity of reporting the Listed Code (collectively referred to as "Alarm Verification Steps"):

22.1 call or text, or attempt to call or text, the Account holder or any secondary contact provided by the Account holder;

22.2 if access to Real-Time Services or Recorded Services is available, review video footage from the Product;

22.3 intercept or listen to audio communications from the Product;

22.4 optionally engage with individuals via Real-Time Services to confirm the need to report the Listed Code or other urgent safety or security information to the Authorities, Responsible Parties, or Third Party Responders; or

22.5 take any other reasonable actions to verify the necessity of reporting the Listed Code.

After performing one or more of the Alarm Verification Steps, Monitoring Facility personnel may, at their discretion, decide whether to report a Listed Code to the Authorities, Responsible Parties, or Third Party Responders. If Monitoring Facility Personnel are unable to verify the need to report a Listed Code, they are not obligated to report it. Additionally, monitoring personnel are not required to review or monitor any audio or video from the Product except for the time immediately before or after receiving a Listed Code.

23.Alarm Cancellation.

Upon receiving a current cancellation code, as specified in the application’s alarm capsule, or receiving confirmation from an authorized account user—such as through verified electronic communication (e.g., SMS/text confirmation) or verbal confirmation (validated by a safe word) to disregard a Listed Code—monitoring personnel may, at their discretion, choose not to report the Listed Code to the Authorities, Responsible Parties, or any Third Party Responders.

Eufy's obligations under these Terms are automatically waived without notice, and you release Eufy from all losses in the event of any default or breach of these Terms by you, or if the Monitoring Facility, or Communication Products and/or Communication Services are destroyed, damaged, become inoperable, or malfunction for any reason. This waiver lasts for the duration of the service interruption, and you may request a credit for the unearned charges paid during the interruption period. This credit will not exceed one month's service charge and represents the limit of Eufy's liability. If these Terms are terminated or the Services are suspended or terminated for any reason, you must immediately disconnect the Product from all Communication Products and/or Communication Services (such as telephone lines, radio transmitters, cellular transmitters, etc.). Upon termination of these Terms or suspension or termination of the Services for any reason, we may, at our sole discretion, without notice and without liability, remotely disable, disconnect, or block the Product and its data from communicating with the Monitoring Facility.

24.Prohibited Uses and Service Abuse.

You agree not to misuse Eufy’s Services or Products in any manner, including but not limited to: (a) intentionally triggering false alarms or excessively using Emergency Dispatch Services; (b) exploiting return or cancellation policies to avoid fees; (c) using Services beyond reasonable household or enterprise purposes (e.g., operating a commercial monitoring center); (d) interfering with or attempting to bypass Eufy’s monitoring or data storage systems. Eufy reserves the right, in its sole discretion, to suspend or terminate any account suspected of abusing Services and to pursue damages, including operational costs and legal fees. You agree to indemnify Eufy for any losses resulting from your misuse.

25.App Stores.

You acknowledge that the availability of the Application relies on third-party platforms from which you download it, such as Apple's App Store or Google's Android app market (each referred to as an "App Store"). You understand that these Terms are between you and Eufy, not with any App Store. Each App Store may have its own terms and conditions that you must accept before downloading mobile applications. Your agreement to these Terms, and your license to use the Application, is contingent upon your compliance with the App Store's terms and conditions. If the App Store's terms are less restrictive or conflict with these Terms, the more restrictive or conflicting terms in these Terms will prevail. Eufy does not charge additional fees for downloading the Application; however, your wireless service provider may impose charges for air-time or data usage. Please consult your wireless carrier if you have questions about your wireless plan.

26.Eufy-Provided Interface to Third-Party Products, Applications and Services.

Eufy may occasionally offer you the option to connect the Products, Services, Application, Account, Eufy, or other Eufy products and functionalities (collectively referred to as the "Eufy Platform") with various third-party products, services, or applications (including their mobile apps or any related third-party devices or peripherals, collectively known as "Third-Party Products and Services"). You have the choice of which Third-Party Products and Services to connect with, and your explicit consent and authorization are required for such connections, which you can revoke or disable at any time.

However, to the fullest extent allowed by law, by (i) downloading and installing Eufy mobile application on these Third-Party Products and Services or related devices, and/or (ii) enabling or authorizing Eufy notifications or information to be sent to them, your consent and authorization for the related interfaces and data exchange with these Third-Party Products and Services may be considered granted. Once you consent to a specific Third-Party Product and Service, you agree that Eufy may share information and control data about you and your products, including personal information, to facilitate the connection with the authorized Third-Party Products and Services. Once shared, the use of this information will be governed by the third party's privacy policy, not Eufy's Privacy Notice.

You acknowledge that Eufy does not guarantee the quality or safety of any Third-Party Products or Services or their integration with Eufy Products and Services. The use or performance of Third-Party Products or Services is subject to the third party's terms of service. Therefore, Eufy is not liable for your use of any Third-Party Product or Service or any resulting personal injury, death, property damage (including damage to your home), or other harm or losses. For questions about Third-Party Products and Services, you should contact the third party directly.

27.End User License and Intellectual Property.

Under these Terms, Eufy grants you a non-exclusive, non-transferable license to access and use the Services by (i) utilizing the Application solely for controlling and monitoring the Services you are authorized to access, and (ii) installing and using the Application exclusively on your personal handheld mobile device (e.g., iPhone, iPad, Android smartphone, or other tablet device) for the purposes outlined in these Terms. You acknowledge the risk of unauthorized access to the Application and its data and agree to assume this risk. You consent to us posting alarm events and status reports related to the Service on the Application. You must keep all information and passwords related to the Application confidential. This license remains valid as long as these Terms are in effect, except if you (i) fail to maintain the confidentiality of information and passwords, (ii) use the license or information in a way that negatively impacts us, (iii) use the license or information for illegal purposes, (iv) breach these Terms, or (v) violate any applicable law. You are solely responsible for any information you deliver, delete, or modify. Upon termination of these Terms or suspension of the license by us, we may immediately disable your access to the Application and cancel all passwords or access codes without notice. You must not (a) disclose or share any part of the technology related to the Services or the Application with third parties without our written consent, (b) copy, decompile, disassemble, reverse engineer, alter, modify, or create derivative works from any technology in the Services or the Application. Eufy may occasionally develop patches, updates, upgrades, or other modifications ("Updates") to enhance the performance of the Services or the Application. These may be installed automatically without additional notice or consent. You agree to this automatic updating. If you do not wish to receive such Updates, your option is to terminate your Account and cease using the Services or the Application. You acknowledge that installing Updates may be necessary to use the Services, and you agree to promptly install any Updates provided by Eufy. Failure to install Updates may result in termination of your access to the Application and Services.

Despite the above, software within any Eufy Product may include third-party software components, including those available under "open source" licenses ("Third-Party Components"). Additional details about Third-Party Components can be found athttps://d7p3a6aivdrwg.cloudfront.net/anker_general/public/agreement/2024/12/13/terms_of_use_en.html, or in the software documentation or relevant help, notices, about, or source files. Copyrights for open source software are held by their respective copyright holders. If required by the license of any Third-Party Component, the terms of that license will apply instead of these Terms. If the license for any Third-Party Component prohibits any restrictions herein, those restrictions will not apply to that component. If the license for any Third-Party Component requires Eufy to offer source code or related information, such an offer is hereby made. Requests for source code or related information should be directed to: support.expert@eufy.com. All rights to such software not licensed to you hereunder are fully reserved by Eufy and/or its licensors.

28.Suspension of Service.

29.Finance and Late Charges

Invoices are due upon receipt. You agree to pay a finance charge of the lesser of (i) one and one-half (1.5%) percent per month (eighteen percent (18%) per year) or (ii) the maximum rate permitted under applicable law, for all charges not paid within thirty (30) days of the invoice date.

30.Increase in Charges.

Eufy may increase periodic recurring charges at any time under these Terms by sending the notice to you by email to the email address on file with Eufy for your current online account.

31.Dispute Resolution and Agreement to Arbitrate.

If there is any controversy, claim, action, or dispute between you and us arising out of or related to your use of the Services or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), you and Eufy agree to resolve the Dispute through the dispute resolution procedures set forth in this section, even if that Dispute arose prior to the effective date of these Terms.

31.1 Time Limitation on Actions.

Disputes must be commenced within one (1) year after the cause of action has accrued, without judicial extension of time, or such claim, action or proceeding is barred. The time period in this Section must be complied with strictly.

31.2 Informal Dispute Resolution.

You and Eufy agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”).

All Dispute Notices must: (1) be signed by the Complaining Party; (2) include the Complaining Party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim, and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Eufy. As such, your Dispute and the Disputes of other parties may not be combined into a single Dispute Notice.

Dispute Notices shall be sent to:

To Us: You must send notice (1) by electronic mail to legal@anker.com and (2) by first-class or certified mail to 100 N HOWARD ST STE R, SPOKANE, WA99201 - 0508, UNITED STATES.

To You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by email to the email address we have on file for you (if any). If we do not have any address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by other reasonable means.

You and Eufy will attempt to resolve the Dispute through informal negotiation within thirty (30) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Eufy (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Eufy will participate in the Conference through one or more representatives, which may include our counsel.

Both you and Eufy agree that the foregoing dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed or satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the Dispute.

31.3 Individual Arbitration.

IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL DISPUTE RESOLUTION PROCEDURE, YOU AND EUFY AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS.

All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by these Terms of Service), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) (the “Minimum Standards”) if, and only if, it is determined by JAMS or the arbitrator that the Minimum Standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $5,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. For the avoidance of doubt, you and Eufy agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this section of the Terms or the arbitrability of any claim or counterclaim. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

31.4 Exceptions.

Notwithstanding any other provision of this section, you or Eufy may (1) bring an individual claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights (so long as the action is brought and maintained on an individual basis).

In addition, nothing in these Terms prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

31.5 Choice of Law and Choice of Forum.

These Terms and the relationship between you and Eufy shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflict of law principles. Except for disputes or claims properly lodged in a small claims court in the United States, any disputes or claims not subject to the arbitration provision discussed above shall be submitted to the personal and exclusive jurisdiction of the federal and state courts located within [Washington], and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

You and Eufy acknowledge that these Terms evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

31.Limited Warranty.

You will have limited Hardware Warranty of one (1) years from the purchase date of the Covered Products, where obtained from eufy directly, as explained in our Warranty Policy (available at https://www.eufy.com/policies/refund-policy). Certain product's original warranty may vary, see our official warranty policy.

To view the policy of Eufy Care+, please click this link: https://salesforce-knowledge-download.s3.us-west-2.amazonaws.com/000029678/en_US/000029678.pdf

33.Critical Product, Component and Software Updates & Replacements During Services.

If, at Eufy's sole and reasonable discretion, certain essential updates or replacements for Products, components, and/or software are necessary to ensure the reliable performance of your system or any of its components during your subscription to any Services, and Eufy provides the corresponding hardware or software updates (collectively referred to as "Critical Updates & Replacements"), you agree, upon notification, to take reasonable steps and follow the provided instructions to implement these Critical Updates & Replacements. You also agree to cooperate as reasonably requested to schedule, coordinate, or arrange for the installation, delivery, or implementation of such updates or replacements. These Critical Updates & Replacements may include updated labeling, battery replacements, replacement of Wi-Fi or cellular modules, and even the replacement of discontinued components or products. By accepting the service, you acknowledge your commitment to making all reasonable efforts to support these necessary updates and recognize that Eufy has fulfilled its obligations to you by making these updates reasonably accessible.

34.Miscellaneous.

34.1 No Waiver.

The failure of Eufy to exercise or enforce any right or provision of these Terms or any Additional Terms shall not constitute a waiver of such right or provision, and all such rights or remedies shall still be available to Eufy. No waiver by Eufy of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

34.2 Severability.

If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herewith and shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect.

34.3 Interpretation.

The section titles in these Terms are for convenience purposes only and have no legal or contractual effect. In these Terms, the words “include,” “includes,” and “including” are used in an illustrative sense and shall not limit the generality of the language preceding such term. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, forth, or breadth of any other disclaimers or limitations of liability in these Terms. When these Terms refer to a decision or action that will or may be made or taken by Eufy, such decision or action shall be made, taken, or refrained from in Eufy’s sole discretion and judgment.

34.4 Assignment and Subcontractors.

These Terms are not assignable, transferable or sub-licensable by you without our prior written consent. We may assign these Terms to any third party whom we choose without your consent. Monitoring of the System is provided by a third party independent contractor. Likewise, any Third Party Responder is also an independent contractor. Eufy may, in its sole discretion, subcontract for the provision of any of the Services under this Agreement. The provisions of this Agreement inure to the benefit of and are applicable to (i) any subcontractors engaged to provide any of the Services to you, including any Monitoring Facility and any Third Party Responder; and (ii) each of the Eufy Parties (and any providers of Third-Party Products and Services, if any and solely as applicable), and bind you to all such persons or entities listed in the foregoing subsection (i) or (ii) with the same force and effect as they bind you to Eufy. You authorize us to share your personal information with our subcontractors or Third Parties for the purpose of providing Services under these Terms.

34.5 Entire Agreement.

These Terms set forth the entire understanding and agreement between us with respect to your use of the Products and the Services.

34.6 No Relationship.

These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Eufy.

34.7 Admissibility.

You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms or your use of the Products and/or the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

35.State Licensure.

Please see the following link: https://www.eufy.com/promonitoring-state-status

Last updated: September, 2025