Terms of Service
Nokē and its subsidiaries and affiliates (“Nokē” or “us” or “we” or “our”), provides services via the Nokē mobile application (the “Application”). The Application shall be hereinafter referred to as the “Site“. The Site (including all related software that we provide), together with all services that we may provide via the Site shall be known as the “Services.” Data from hardware containing our technology that you buy from us or our partners (“Device(s)”) will be uploaded to the Services. The hardware you purchase from us is not usable without your accessing the Services. Once enabled, the Services include online storage of your personal data, and the ability to manage and share your data.
By clicking “I Agree,” setting up a user account, or by accessing and using the Services (Application), you are accepting and agreeing to these Terms on behalf of yourself or the entity you represent in connection with the access. You represent and warrant that you have the right, authority, and capacity to accept and agree to these Terms on behalf of yourself or the entity you represent. You represent that you are of sufficient legal age in your jurisdiction or residence to use or access the services and to enter into this agreement. If you do not comply with the above statements, or disagree with any of the provisions of these Terms, you should disconnect your Devices and cease accessing or using the Services.
To access the Services, you must register for a user account on the Service. The information you provide in the account registration form (the “Registration Information”) must be accurate and complete. You agree to update the Registration Information as necessary, including your correct email address, so we may send you notifications and other account-related communications. Your account is subject, in our sole discretion, to termination or suspension at any time. You are responsible for maintaining the confidentiality of the login name and password that you create. You agree to use strong passwords, and to maintain the confidentiality of your password. You shall be responsible for all uses of your account and login information, whether or not authorized by you. You must notify us of any unauthorized use of your account, login information or password, and you should immediately change your password to prevent further unauthorized use.
The Services are designed to be used in connection with a Device containing our technology (e.g. a Nokē Smart Lock), which you may purchase from us or one of our partners.
Subject to these Terms, Nokē grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services by (i) using the Site in connection with, and solely for the purpose of, controlling and monitoring the Devices installed on your property, or that you have been validly authorized to access, or to otherwise access a service explicitly provided by Nokē for your use, and (ii) installing and using the Applications solely on your own handheld mobile device (e.g., iPhone, iPad, or Android smartphone) and solely for the purposes set forth in (i) above. You agree to comply with all instructions, usage rules and documentation that we may provide from time to time with respect to the Service.
Please note that we may from time to time update the Services, including without limitation, by providing bug fixes, new functionality or modifications (collectively “Updates”), and that these may occur automatically without additional notice. You hereby consent to these Updates. If you do not, please stop using the Services. We may also ask you to install Updates yourself, and you agree to do so promptly. Updates are subject to these Terms together with any additional terms that may be provided with such Update. Your continued use of the Service is your agreement to all such additional terms.
Content on the Services
Certain materials may be displayed or performed on the Services. The Content is protected by copyright laws in United States and elsewhere. The Content may be owned by us or others, including other users of the Services, or our partners, sponsors or affiliates. Use of the Services does not confer ownership rights to the Content.
We reserve all rights in the Service and Content not expressly granted to you by these Terms. We reserve the right to remove any Content from the Service at any time for any reason (including, without limitation intellectual property claims) or no reason at all.
As used in these Terms a “guest” is any person or entity that is given authorization by the owner or controller of a Device to use the Device or Services related to the Device. Be careful to only invite trusted guests; by inviting someone to be a guest, you are giving them the ability to access and operate your Device.
These Terms apply to all uses of the Services by guests. We may share your and your guests’ information with our partners to provide our Service and to allow our partners to provide products and services. Moreover, guests should be aware that the owner or controller of the device may see information about their use and access of the Device and Services, and may revoke or limit access rights in their discretion without notice. If guests do not want to access the Services or their information to be used or shared, they should decline the invitation and not use the Services.
Your Use of the Site and Services
The Site is provided by us for your personal use only. You agree to use the Site and the Services only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Site or Services.
You agree not to do any of the following:
- Use, display, mirror or frame the Services, or any individual element within the Services, Nokē’s name, any Nokē trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Nokē’s express written consent;
- Use the Services in any manner which, in our sole judgment, degrades the user experience, reliability, speed, or operation of the Services, or any underlying hardware or software thereof;
- Access, tamper with, or use non-public areas of the Service, Nokē’s computer systems, or the technical delivery systems of Nokē’s providers;
- Attempt to probe, scan, or test the vulnerability of any Device, Service, software, system or network or breach any security or authentication measures, or to reverse engineer, decompile or otherwise attempt to gain the source code for any Nokē Service, Licensed Software or Device;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Nokē or any of Nokē’s providers or any other third party (including another user) to protect the Service, Licensed Software or any Device;
- Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;
- Use the Service to impersonate any person or send altered, deceptive or false source-identifying information, or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
We strongly recommend that you do not use the Service on a mobile device that has a “jail broken” or “rooted” operating system as this can potentially allow other applications to circumvent security features on your mobile device. Any use of such mobile devices is at your own risk. You agree that Nokē will not be liable for any loss of functionality and will indemnify us for all damage or liability caused by such use.
Although we’re not obligated to monitor access to or use of the Service or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access the Service or any Content therein, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
The Services will not be accessible without: (i) a working cellular data connection on a supported phone, tablet or watch with the Application installed; (ii) a valid user account; (iii) other system elements that may be specified by Nokē. Certain Nokē Devices and Services require a Wi-Fi network connection with a Bluetooth connection. It is your responsibility to ensure that you have all required system elements and that they are compatible, up to date, and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.
Termination and Service Changes
These Terms remain in effect as long as you continue to use the Services. You can stop using our Services any time. We reserve the right to suspend or terminate your use of the Services or your access to the Site at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. We may also change or remove at any time any features currently offered as part of the Services, or the Services themselves. Upon termination, your account and right to use the Services will automatically terminate.
If you transfer your Device to a new owner, please note that your account is not transferable, and the new owner will have to register for a separate account in order to use the Services.
Our aim is to make the Services highly reliable and available; however, they may not be available all of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Nokē’s control, including without limitation, your Wi-Fi and mobile network failures and coverage limitations, service provider uptime, and acts of god. Further, our Services rely on or interoperate with a number of third party products and services. These third party products and services are beyond Nokē’s control (including without the internet generally and third party service providers that we use for networking and storage), but their operation may impact or be impacted by the use and reliability of our Services. These third party products and services may not operate in a reliable manner all of the time, and they may impact the way that the Services operate, and Nokē is not responsible for damages and losses due to the operation of these third party products and services.
You acknowledge these limitations and agree that Nokē is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications. Further, the Devices and Services are not an emergency notification system, and should not be used in this way.
To the fullest extent allowed by law, Nokē is not responsible for damage or liability caused by (i) use of the Device and Services for purposes other than for which the Device and Services are designed or intended, or use in improper temperature, humidity or other environmental conditions, or use of the Device or Services in violation of written instructions provided by Nokē (which may be provided at the time of purchase or on its website), (ii) normal wear and tear or aging, or improper repair, operation or maintenance or connections to improper voltage supply or, to the extent allowed by law, attempted repair by anyone other than a facility authorized by Nokē to service your Nokē Device.
NOKĒ DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE SITE OR THE SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOKĒ OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN TERMS OR OTHERWISE APPLICABLE PURSUANT TO YOUR PURCHASE OF NOKĒ PRODUCTS OR SERVICES.
3. NOKĒ IS NOT LIABLE FOR ANY SERVICE OR PRODUCT WARRANTIES NOT EXPRESSLY SET FORTH ON THE SITES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOKĒ SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNAUTHORIZED ACCESS TO YOUR PROPERTY, INABILITY TO ACCESS YOUR PROPERTY, OR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF NOKĒ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE. IN ANY CASE, NOKĒ'S LIABILITY FOR ANY DAMAGES ALLEGED OR SUFFERED IN CONNECTION WITH THE SITE OR THE SERVICES WILL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO NOKĒ FOR THE USE OF SERVICES OVER THE SIX (6) MONTHS PRIOR TO THE DATE OF DAMAGES. YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST NOKĒ WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify, defend, release and hold Nokē and its officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, and those of its affiliates, harmless from all claims, demand, damages, fees and costs of any nature, including reasonable fees of attorneys and other professionals, due to or arising out of anything you submit, transmit through or upload to the Site or in the course of using any Service or your violation of these Terms or any other terms and conditions governing your relationship with Nokē or your violation of any law or your breach of any contract with any party or your act or omission constituting negligence or other tort. In the event you provide registration or other information that is untrue, inaccurate, fraudulent or out of date, you agree to indemnify Nokē for and hold it harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) it may incur, including but not limited to loss of business profits, taxes, penalties or sanctions, interest, fees, costs and expenses of any nature arising from or related to any claim, demand, action or proceeding alleged or initiated against Nokē by any third party based upon such information. These defense and indemnification obligations will survive these Terms.
You agree that Nokē may modify these Terms from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of these Terms. We will notify you when we make material revisions or modifications to these Terms by (x) posting a notice or new version of these Terms on the Site, or (y) providing direct notice in a communication to your customer account (if you have one), or otherwise in some manner through the Service that we deem reasonably likely to reach you (which may be by posting to this Site).
Nokē (or its affiliates or licensors) are the owner of all right, title and interest in and to the Site, Service, Licensed Software and Device. We reserve all rights not expressly granted in these Terms. All Services, Applications and Licensed Software are licensed and not sold.
Miscellaneous Legal Terms
Entire Agreement/Severability. These Terms constitute the entire agreement between you and Nokē regarding the use of the Services. Any failure by Nokē to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, Nokē may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers or Services in any court of competent jurisdiction.
Nokē may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your account, hard copy, or posting of such notice on the Site or Service. Nokē is not responsible for any automatic filtering you or your network provider may apply to email notifications.
You agree that, unless prohibited by law, any claim or cause of action arising out of or related to these Terms or the use of the Services, must be filed within one (1) year after such claim or cause of action arose or be forever barred, regardless of any time limit set forth in any statute or law to the contrary.
These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Nokē’s prior written consent, and shall be null and void. These Terms may be assigned by Nokē without restriction. These Terms are binding upon any permitted assignee.
In the event of any questions or comments or to request further information, we may be contacted at Nokē, 10808 S River Front Pkwy, Suite 290, South Jordan, UT 84095 or by email at firstname.lastname@example.org.