Legal

Effective Date:            November 5, 2015

Last Updated:             October 7, 2024

INTRODUCTION

Deako, Inc. (“Deako,” “we,” “us,” or “our”) is committed to protecting your privacy. This Privacy Policy (“Policy”) describes how we collect, use, store, process, and share your information in relation to your use of www.deako.com (the “Site”), the Deako Mobile Application (the “Application”), and Deako hardware products (“Products”), including all media, printed or electronic documentation, updates, and support services associated with the Site, Application, and Products (collectively, the “Service”).

This Policy applies to the information that is collected from you when you use the Service. By using the Service, you expressly consent to the collection, use, storage, transfer, processing, and disclosure of your information, as described in this Policy. If you do not agree with this Policy, do not use the Service. This Policy is part of and incorporated into the Terms of Service (“Terms”) governing your use of the Service. Please review the Terms prior to using any part of the Service. Capitalized terms not defined in this Policy have the definitions set forth in the Terms.

 1.  AGE REQUIREMENT.

The Service is not for or directed towards Children. You must be thirteen years of age or older to use the Service. Children under the age of thirteen are prohibited from registering for an Account and we will never knowingly collect any information from children under the age of thirteen. If we learn that we have collected information from a child under the age of thirteen, we will delete the information immediately. If you believe information from a child under the age of eighteen has been provided to the Service, please notify us at privacy@deako.com.

2. APPLICABILITY OF THIS POLICY.

This Policy covers our treatment of information that is collected by us or submitted by you in relation to your use of the Service, including automatically collected information, personal data, User Data, and User Content. When you visit the Service without registering for an Account, you can browse without submitting any personal data. In order to set up an Account and use the Service, however, you may be asked to provide personal data, which is discussed further in Section 3 (Information We Collect About You) below.

This Policy does not apply to information collected by third parties, including our third party payment processor or any linked sites. We have no control over, and no responsibility or liability for, any third party’s collection, use, disclosure, or retention of your information, and that collection, use, disclosure, and retention is not subject to this Policy. The data collection practices of third party sites will be governed by that site’s privacy policy.

3. INFORMATION WE COLLECT ABOUT YOU.

We collect certain types of information from you either when you provide it to us or automatically as you use our Service. The information we collect includes information:

• by which you may be personally identified, such as name, postal address, e-mail address, date of birth, credit card information, telephone number, and employment information (“personal data”); and
• that is about you but individually does not identify you, such as your usage statistics and device information.

4. INFORMATION YOU PROVIDE TO US.

The information we collect on or through our Service may include:

• Information you provide filling in forms on our Service. This includes information provided at the time of registering to use our Service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Service;
• Your responses to surveys that we might ask you to complete for research purposes;
• Details of transactions you carry out through our Service and of the fulfillment of your orders;
• Any communications that you or a third party voluntarily submits to us in any format, including by e-mail, postal mail, or any other method of communication.

5. INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES.

As you navigate through and interact with our Service, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your use of our Service, including traffic data, usage statistics, and data logs;
• Information about your computer or mobile phone, including your device serial number, device model, your IP address, operating system, device memory, and browser type;
• Information collected by products once they are set up or connected to wireless or Bluetooth networks. This information includes but is not limited to the address where the product will be used, times and dates you use the product, product status, and product settings;
• Location information such as timezone and geolocation and general location such as your country (“GPS Location”). If the Service is unable to acquire your GPS Location, certain features of the Service may not be available to you. We may collect and use GPS Location information over time to offer you services or to protect, enhance, or update the Service.

We may also use Google Analytics or other third party analytics providers to automatically collect information on how you use our Service. This information does not identify you. This collection may include, but is not limited to: your IP address, browser type and language, device type, referring/exit pages and URLs, other browser history, platform type, number of clicks, landing pages, cookie information, the pages you requested and viewed, the amount of time spent on particular pages, and the date and time of each request you make. We collect this information in order to:

• Better understand our customer base;
• More efficiently operate our business;
• Promote our products and services; and
• Improve the quality of the Service.

The technologies we use for this automatic data collection may include:

• A cookie is a small text file that is stored on a computer for record-keeping purposes. Our first party and third party analytics providers use cookies to record information about your activities while using the Service and to “remember” you when you return to the Service. Some cookies remain on your computer until you delete them. Others, like session ID cookies, expire when you close your browser. You may set your browser setting to attempt to reject cookies and you may still use the Service. We do not control the use of cookies by third parties.
• Pixels (aka web beacons/web bugs/java script). Pixels are tiny graphics with a unique identifier that are used to track the online movements of web users. Unlike cookies, which are stored on a computer’s hard drive, pixels are small graphics that are about the size of the period at the end of the sentence that are embedded invisibly on web pages or in HTML-based emails. Our third party analytics providers may place pixels on the Site that track what other websites you visit (both before and after visiting the Site). Our third party analytics providers use information obtained from pixels to help us improve our business and the Service. We do not control the use of pixels by third parties.

Cookies and pixels allow Google to recognize a user when a user visits the Site and when the user visits other websites. Google uses the information it collects from the Site and other websites to share with us and other website operators information about users including, but not limited to, age range, gender, geographic regions, general interests, and details about devices used to visit websites and purchase items. We do not link information we receive from Google with any of your personal data or User Data. For more information regarding Google’s use of cookies, pixels, and collection and use of information, please review Google’s Privacy Policy. If you would like to opt out of Google Analytics tracking, please visit the following link: Google Analytics Opt-out Browser Add-on. Because we track Service usage information through the use of cookies, pixels, and other tracking mechanisms, our Service does not support “Do Not Track” requests.

6. HOW WE USE YOUR INFORMATION.

We collect your information to:

• Operate, manage, and administer your Account and the Service;
• Fulfill your orders for Products;
• Provide you with support or a more personalized experience;
• Communicate with you via e-mail, notifications, text messages, or respond to your inquiries;
• Monitor Service usage;
• Improve the Service and our Products and to develop and test new products, services, websites, or applications;
• Provide you information about products and services (including the products and services of third parties);
• Resolve disputes;
• Detect and protect against errors, fraud, and illegal activity;
• Assist law enforcement;
• Enforce this Policy and the Terms;
• For any other purpose described in this Policy or described to you at the time of collection.

7. INFORMATION DISCLOSURE.

We may disclose your information, including personal data, to any affiliated entity or organization, business partner, and to agents and service providers to help us operate the Service, improve our business or the Service, to provide services to us. These third parties may include customer service providers, business or sales service providers, or providers that provide support for the Service.

We will not share your personal data for marketing purposes or with other third parties for purposes unrelated to the Service without your explicit consent.

In some cases, we may disclose your information, including personal data, User Content, or User Data:

• As required by any applicable law or legal regulation;
• If we believe disclosure is needed to protect our rights, property, or safety;
• To government regulators or law enforcement authorities in connection with any judicial proceeding, court order, subpoena, or legal process served on us or the Service; and
• To respond to a physical threat to you or another person.

8. PAYMENT INFORMATION; THIRD PARTY PAYMENT PROCESSOR.

Credit card payments, including recurring charges, are handled through Shopify, our third party payment processor. You can view Shopify’s privacy policy here. Our third party payment processor will collect and may retain your credit card information in order to process your payment, including payment for your purchases of Products or for recurring annual Service charges. We do not control the third party collection, use, disclosure, or retention of your information. We use Shopify Pay to process your payments. For more information on Shopify Pay click here.  

9. INSOLVENCY AND BUSINESS TRANSITIONS.

If we should ever file for bankruptcy or engage in a business transition such as a merger with another company, or if we purchase, sell, or reorganize all or part of our business or assets, we may disclose your information, including personal data, User Content, and User Data, to prospective or actual purchasers in connection with one of these transactions.

10. INFORMATION RETENTION.

Deako strives to retain your personal data for no longer than it is reasonably necessary for its processing purpose. The applicable retention period depends on the purpose for which personal data was obtained and on specific data retention obligations arising from applicable laws that may require the data to be held for a certain period. We may retain personal data for a longer period than is necessary if it is required by law.

11. NOTICE OF FINANCIAL INCENTIVE

We may offer programs and benefits to consumers related to the collection, retention, and use of personal information that may be deemed a financial incentive under applicable law. For example, you may provide us with your email address in exchange for a one-time coupon. Such offers may vary and may not be available at all times. The amount of and terms of such offers will be presented to you at the time of the offer. You can terminate participation at any time by contacting us or submitting a data request as detailed on the “Your Data Privacy Rights” section.

12. CALIFORNIA’S SHINE THE LIGHT LAW

California Civil Code Section 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of the information you provide through the website to third parties for their direct marketing purposes. To make such a request, please contact us at the information provided below.

13. DATA SECURITY.

Keeping your information secure is of great concern to us. We exercise care in facilitating the transmission of information between your device or computer, the Products, and the third party servers that operate and store information for the Service. The personal data and User Data we collect is stored in operating environments that are not available to the public.

14. While we have mechanisms in place to safeguard your personal data and User Data once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be secure. We cannot guarantee the security of your personal data transmitted to our Service. Any transmission of personal data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Service.

15. YOUR DATA PRIVACY RIGHTS

Residents of California have the rights detailed in this section:

• Confirm whether we are processing your personal information;
• Correct inaccuracies that may be present in the personal information being processed;
• Request to have any personal information being processing be deleted (subject to applicable exceptions);
• Obtain a copy of data provided by you to us that is being processed in a digital format;
• Opt-out of the processing of personal information: (i) being used for targeted advertising; (ii) being sold; (iii) or being used to profile you or make significant decisions that may affect you.

To exercise your rights please submit a request by emailing us at privacy@deako.com. We may ask for your name, email address and account information to verify your identity or your authorized representative’s identity. You may only submit a request to know twice within a 12-month period. We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt, unless we require an extension. If we reasonably require an extension, we will inform you of the reason and extension period.

We will not discriminate against you for exercising any of your data rights. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Summary of Data Disclosed to Third Parties

In the preceding twelve (12) months, we may have collected and disclosed the following categories of personal information for the specific business purposes to the categories of third parties indicated in the chart below. We do not “sell” or “share” your personal information as those terms are defined under California law.

16. CHANGES TO THIS POLICY.

We reserve the right to make changes to this Policy at any time by notifying you on www.deako.com/privacy. Check this page often, referring to the date of the “Last Updated” date listed above.

17. PRIVACY QUESTIONS.

If you have questions, concerns, or suggestions regarding this Policy, please contact us at privacy@deako.com.

Effective Date:            January 30, 2018

Last Updated:             November 21, 2024

INTRODUCTION

These Terms of Service (“Terms”) are a legal agreement between you and Deako, Inc., a Delaware corporation (“Deako,” “we,” “us,” or “our”) that governs your access to and use of www.deako.com (the “Site”), the Deako Mobile Application (the “Application”), and Deako hardware products (“Products”), including all media, printed or electronic documentation, updates, and support services associated with the Site, Application, and Products (collectively, the “Service”). References to “you” and “your” mean any person or legal entity that visits, accesses, browses, downloads, or uses the Service, registers for an Account, or makes a purchase through the Service.

Please read these terms carefully. By using the Service you agree to be bound by these Terms, our Privacy Policy, our Limited Warranty, and any additional terms that may be provided or presented to you when you use certain features of the Service, all of which are incorporated into these Terms.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER; PLEASE REVIEW SECTION 25.

1.     AGE REQUIREMENTS.

You represent and warrant that you are at least thirteen       years of age, and have the right, authority, and capacity to accept and agree to these Terms. If you are under age eighteen or are otherwise unable to accept and agree to these Terms, you may not use the Service. If we discover or have any reason to suspect that you are not at least eighteen years of age or otherwise unable to accept and agree to these Terms, we reserve the right to suspend or terminate your access to the Service immediately and without notice.

2.     CHANGES TO THESE TERMS.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and they apply to all access to and use of the Services thereafter. However, any changes to the Governing Law and Dispute Resolution sections will not apply to any disputes for which the parties have actual notice prior to the date the change is posted within the Service.

Your continued use of the Service after the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

3.     SERVICE.

Deako may offer Products for sale as part of the Service. In order to use such Products, you may need to create an Account and access that Account as set forth in Section 5 of these Terms, below.

A.   Product Purchases; Shipping. All sales are transfer of title shipment origin. Risk of loss passes to you upon shipment of the product from our facilities, and the occurrence of any damage during shipment will not relieve you from making payment of the balance of the purchase price. Prices for Products do not include shipping costs. Our delivery charges and methods are as described on the Site from time to time. Refused deliveries will be returned to Deako.

B.  Product Prices and Availability; Cancellation. Current prices for Products are described on the Site. Deako may change pricing at any time and in its sole discretion, but changes will not affect any order for Products you have been placed and acknowledged. The amount of any sales, use, or other taxes however designated, levied or based on such prices shall be added to the prices shown. Promotions and/or discounts may be offered from time to time on the Site and may be subject to additional terms, limitations, and restrictions. In order to take advantage of such promotions and/or discounts, you agree to comply with any additional terms, conditions, limitations, or rules presented to you as a condition of participation in any such promotional offer. Deako reserves the right to change or discontinue any product or service at any time and without notice. Deako further reserves the right, in its sole discretion, to cancel any order, limit any purchase, or refuse to fulfill an order for any or no reason. If your order will be cancelled, limited, or delayed, Deako will contact you.

C.  Pre-Orders. Your placement of a pre-order does not create a contract for sale for a Product not offered for sale by Deako. By placing a pre-order for a Product that is not yet available for sale, you make an offer to Deako to purchase the Product subject to these Terms. Deako will obtain an authorization from your bank or payment card company at no charge. An authorization from your payment card company may stay open for several days or weeks before a charge is actually made. You may cancel your offer to purchase the Product at any time prior to shipment and you will not be charged. When the Product is offered for sale, Deako may accept your offer to purchase Products subject to these Terms. At that time, Deako will capture payment on the payment card you provided and ship your Product. Deako may obtain an additional authorization from your payment card company to confirm necessary funds are available to purchase the Products requested.

D.  Payments. You may make payment for Products through the Service using a payment card or other payment method accepted by our third party payment processor. We do not access or store your credit card information. You should review the terms of use and privacy policy of our third party payment processor prior to submitting your payment information. For more information about our use of third party service providers, please review our Privacy Policy.

E.     Returns. It is your responsibility to assure the quality of all goods upon receipt. If you are the original purchaser of a Product and you are not satisfied with the Product for any reason, you may return the Product within thirty days of the original purchase date and receive a full refund. If you do not return the Product within thirty days of the original purchase date, you will not be eligible for a refund. To initiate a return, please email support@deako.com or call 1-844-673-3256.  Eligibility is limited to orders placed on Deako’s consumer website, shop.deako.com and is not extended to business to business transactions.

F.    Costs of Returns. You will be responsible for all costs (including shipping costs) associated with returning the Product to Deako. If you request we ship you a replacement Product before we receive the original Product, and you do not return the original Product within thirty days of us shipping the replacement Product, you will be charged for the replacement Product. We may reduce the amount of your refund to reflect any reduction in the value of the returned Product, as determined in our sole discretion, caused by your handling them in a way which goes beyond what is necessary to establish their nature, characteristics, and functioning. If you purchased the Products from somewhere other than Deako, please contact the reseller to return the Products.

G.   Compatibility. Deako Products conform to the specifications published at the time of manufacture (“Product Documentation”) and are compatible with the products, home construction specifications, and environmental conditions listed in such Product Documentation. Deako is not responsible for the compatibility of the Products with your property, the specific locations in which you intend to use the Products, with other equipment in your property, the electrical wiring box of your property or the power grid. Prior to making a purchase, you should determine whether the Products will be compatible with your property. You must also confirm that the Wi-Fi or Bluetooth service available in your property is sufficient to support the use of the Products. You accept that lack of compatibility is not a valid claim under the warranty provided with our Products and does not otherwise constitute a basis for receiving a refund after the thirty-day return policy described above.

H.   Transfer and Resale. Deako does not limit the transfer of Products between locations or individuals and does not restrict the personal resale of Products. You may take your Products with you when you move or move your Products within your property, at any time. Transfer or personal resale may, however, require account changes, activation of a new account, or activation of additional accounts and Deako does not guarantee that the Products will remain functional if they are transferred to a new location or to a new user. Transfer of ownership does not extend or expand Deako’s limited product warranty.

4.     LIMITED PRODUCT WARRANTY.

Our limited product warranty is available at www.deako.com/legal.

5.     ACCOUNT REGISTRATION.

In order to use the Service, you may register for an account with Deako on the Site or Application (“Account”) and connect your Products with that Account. You may access and control your Account through the Application or by visiting the Site. If you set up an Account, you must select a user name and password, solely for use by you. When you register, you must provide Deako with current, complete, and accurate information. You must keep your user name and password confidential and not authorize any third party to use it or your Account unless otherwise authorized by us. You agree that Deako may attribute all use of your user name and password to you and that you are responsible for all activities that occur under your user name and password. You must notify us immediately if you suspect any unauthorized use of your Account or any other breach of security. Failure to maintain updated payment information may result in termination of your Account.

6.     LICENSE TO USER CONTENT.

Deako may, from time to time, allow you to submit content to the Service. For example, you may upload reviews, comments or photos of the Products in use in your property. Deako does not control or endorse and is not responsible or liable for any content provided by users of the Service (“User Content”). You grant to Deako and all members of the public who have access to User Content on or through the Service a worldwide, royalty-free, perpetual, fully-paid, sublicensable, transferable, and non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the User Content you make available through the Service and to publish your name and other information about you in connection with that User Content. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that the use and publication of your User Content will not violate any law. You must not provide any User Content that infringes others’ copyrights or other intellectual property or privacy rights, and if you do, you are breaching this contract. You are solely responsible for all User Content you make available through the Service and your use of the Service is at your own risk. Deako reserves the right to remove or modify User Content if it violates these Terms or is offensive.

7.     FEEDBACK.

If you provide us any comments or suggestions for improvements (“Feedback”) to the Service or Products, you hereby irrevocably assign to us all right, title and interest in and to the Feedback, without restriction or any obligation of compensation. Deako shall have all intellectual property rights in or relating to any communications you send to Deako and may use such communications for any purpose in its sole discretion.

8.     LICENSE TO USER DATA.

Deako will collect some information related to your purchase of Products and use of Service, including, but not limited to: data collected from the order form, information collected during Product setup, such as information about the exact address where the Product will be used or the location within your property where Products will be used; times and dates of usage; and technical information from the Products, such as Product model, serial number or software version, Product status, Product settings, Wi-Fi or Bluetooth connectivity or signal strength, usage statistics, and use of system and Application software (collectively, “User Data”). By purchasing and using the Products and Service, you authorize Deako to store, manage, transfer, and analyze your User Data for any legal purpose, including for disclosure to law enforcement authorities, for research purposes, to improve our products, or for any other business or legal purpose.

9.     PERMITTED USE OF THE SERVICE AND PRODUCTS; LICENSE GRANT.

The Products are designed for use in the United States and Canada, and all safety warnings, information, instructions, and support services are provided in English. The Products are not intended and tested for use outside of the United States and Canada, and Deako is not liable or responsible for any liability arising from use of the Products outside of these jurisdictions. If you use the Service outside of the United States and Canada, you are responsible for compliance with all local laws. You are responsible for the installation of all Products and Deako is not responsible or liable for any issues resulting from improper installation. There may be laws or regulations in your jurisdiction regarding Product installation and you should make sure that you are in compliance with all relevant laws. You understand and accept that the Service are not designed for use outside of the United States and Canada, and some or all of the features of the Service may not work or be appropriate for use outside these countries.

The Service and all photos, information, graphics, text, images, sounds, and other materials (including metadata) that are provided to you through the Service (“Content”) are owned by Deako and/or its licensors. Subject to your compliance with these Terms and, if you access or use the Application on Apple iOS, the usage rules set forth in the iTunes App Store Terms of Service, Deako grants to you a limited, non-transferable, non-exclusive, non-sublicensable right to download, access, and use the Service and Content solely as permitted for use with Deako Products that you install in your private residential property. You may not otherwise use, modify, copy, print, display, reproduce, distribute, publish, disassemble, decompile, or reverse engineer any portion of the Service, except to the extent that applicable law expressly permits your disassembly or reverse engineering despite this limitation. You acknowledge and agree that you will not work around any technical limitation in the Service or use the Service in any attempt to or in conjunction with any device, program, or service designed to circumvent measures employed to control access to, or rights in, the Service.

You may not use the Service for any illegal purpose. Any scraping, automated access, or other unauthorized access to and storage of Content is prohibited. You further agree not to interfere with the proper functioning of the Service and not to use the Service in a way that suggests you are a representative of Deako. You agree not to use the Service in any way that would interfere with or disrupt the operation of the Service or the networks or servers connected to the Service in any manner; to impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; to upload, post or otherwise transmit any content that infringes the proprietary rights of any third party, or is otherwise unlawful or offensive; to harass or otherwise harm any other person or entity; or to engage in commercial activities of any kind. Any unauthorized use of the Service may result in termination of all rights to use the Service and may be subject to legal action.

10.   PRIVACY.

Deako respects and is committed to protecting your privacy. When you use or access the Service, you authorize us to automatically collect information about you, your use of the Service, and Service performance, and to use, transmit, process, and store that information in accordance with our Privacy Policy. Please review our Privacy Policy prior to using the Service.

11.  RESERVATION OF RIGHTS; COPYRIGHT AND TRADEMARK NOTICE.

Deako, its affiliates, and licensors, and suppliers own all right, title, and interest (including intellectual property rights) in the Service and Content and reserve all rights not expressly granted to you in these Terms. The Service and Content are protected by copyright and other intellectual property laws and treaty provisions. The Deako logos and trademarks referenced in the Service are the trademarks of Deako and its affiliates. Any other company names, product names, service names and logos referenced in the Site may be the trademarks of their respective owners.

12.  SERVICE AVAILABILITY.

Deako does not guarantee availability of the Service and you may access the Service if and when it is available. The Service may occasionally be down for service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, Deako reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Service at any time and without notice.

13.  UPDATES.

Deako has no obligation to and may not provide updates for the Service. If Deako does provide updates, supplements, or add-on components to the Service after the date you initially use, access, or download the Service (collectively, “Updates”), these Terms will apply to the Updates. If Deako provides additional terms along with any Update, those terms will apply to the Updates. You agree that Deako may automatically check your version of the Service and may automatically send Updates to your device. Deako may add new features or remove existing features offered through the Service. Deako also reserves the right to discontinue your access to the Service. Deako may, in its sole discretion, release subsequent versions of the Service and require you to obtain and use the most current version.

14.  THIRD PARTY PRODUCTS, SERVICES, WEBSITES, AND LINKS.

You may need to use or obtain additional Products or services in order to use the Service, such as Internet access or a data connection, or you may use or obtain additional Products or services for use in connection with the Service, such as third party home automation services. Such third party products and services may require additional fees. You must obtain all third party products and services separately and pay all associated charges. Deako does not endorse or sponsor any third party products or services and we have no control over such products or services. Deako is not responsible for any malfunction or error attributable to your use of a third party product or service. You are solely responsible for any data, usage, and other charges assessed by mobile, cable, Internet or other communications services providers for your access to and use of the Service. The Site may contain links or references to third party websites (“Linked Sites”) that we think may be of interest to you. Deako does not endorse or sponsor any Linked Sites or the information, products, or services contained on any Linked Sites, and we have no control over Linked Sites or their content. Linked Sites are governed by their own terms of use and privacy policies.

15.  TERMINATION.

You may terminate your Account or your use of the Service at any time. Deako reserves the right to terminate or suspend the Service, Content, the production of Products, or your Account at any time, with or without notice, for any reason, including for your breach of any provision of these Terms. Sections 3 through 8, 10 through 12, and 15 through 25 of these Terms will survive termination.

16.  DISCLAIMER OF WARRANTIES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, CONTENT, AND PRODUCTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. DEAKO AND ITS SUPPLIERS, AFFILIATES, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.

In particular, Deako, its suppliers, affiliates, and licensors make no warranty that: (a) the Service will meet your requirements; (b) the Service will be available or provided on an uninterrupted, timely, secure, or error-free basis; (c) any information obtained through the Service will be accurate, complete, or reliable; or (d) that any defects or errors in the Service will be corrected. The Service is accessed at your own risk, and you will be solely responsible for any damage or loss that results therefrom. The information provided with products you purchase (“product information”) or other peripherals connected to products you purchase (“product peripherals”) may change from time to time.

Without limiting the generality of the disclaimers above, all product information is provided only for your convenience and Deako does not represent, warrant, or guarantee that product information will be available, accurate, or reliable or that product information or use of the service or products will provide safety in your property. You use all product information, the service, and the product at your own discretion and risk. You will be solely responsible for (and Deako disclaims) any and all loss, liability, or damages, including to your wiring, fixtures, electricity, home, product, product peripherals, computer, mobile device, and all other items and pets in your property, resulting from your use of the Service.

17.  DISCLAIMER OF CERTAIN DAMAGES.

To the maximum extent permitted by applicable law, in no event will Deako or any of its affiliates, suppliers or licensors be liable for: any consequential, special, incidental, indirect, or punitive damages; loss of profits, business, goodwill, anticipated savings, or use; loss or corruption of data, confidential information, or other information; business interruption; personal injury; property damage; failure to meet any duty of good faith or reasonable care; negligence; and any other pecuniary or other loss whatsoever, arising out of, based on, resulting from, or in any way related to these Terms or the Service, even if Deako or any of its affiliates, suppliers, or licensors has been advised of the possibility of such damages.

18.  LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY.

To the maximum extent permitted by applicable law and to the extent they are not excluded or disclaimed under Sections 16 or 17, Deako and its affiliates, suppliers, and licensors maximum, aggregate liability to you, and your exclusive remedy under these Terms for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from, or in any way related to these Terms, the Service, or the provision of or failure to provide support will be to recover the actual damages you incur based upon reasonable reliance on the product and service, up to the price paid for the product     . The existence of multiple claims or suits under or related to these Terms or the Service will not enlarge or extend the limitation of money damages, which will be your sole and exclusive remedy. The limitation of liability set out in this section does not apply to liability resulting from Deako’s gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the service.

19.  INDEPENDENT REMEDIES.

The exclusion of damages under Section 17 is independent of your exclusive remedy in Section 18 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 17 and 18 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.

20.  NOTICE ON POTENTIAL LIMITS OF SECTIONS 16, 17, AND 18.

Nothing in Sections 16, 17, or 18 will be interpreted as excluding liability, which, under applicable law, cannot be excluded.

21.  INDEMNIFICATION.

You agree to defend, indemnify, and hold Deako and its directors, officers, employees, agents, partners, suppliers, affiliates, and licensors harmless and will keep them indemnified from any third party claim or demand, including reasonable attorneys’ fees, relating to or arising from: (a) your User Content and use of the Products and the Service on your property; (b) any violation by you of these Terms; or (c) your violation of any other party’s rights or any applicable law.

22.  DMCA COPYRIGHT NOTICE AND TAKEDOWN PROCEDURES.

Deako respects the intellectual property rights of others. If you believe that any Content, User Content, or other material available in the Service infringes your copyright or the copyright of any third party, please send written notice in accordance with the provisions of the Digital Millennium Copyright Act (“DMCA”) to our Designated Copyright Agent, who can be reached as follows:

DMCA Notice

4201 Roosevelt Way NE, Suite 100  
Seattle, WA 98105    
legalnotices@deako.com
(844) 673-3256    

To be effective, notice must include the following, in compliance with Section 512(c) of the DMCA:

A.    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B.    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

C.    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and specific information sufficient to permit us to locate the material;

D.    Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

E.    A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

F.     A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material in the Service is infringing, you should contact an attorney prior to sending notice. After receiving notice, Deako may remove or disable access to infringing material.

23.  NOTICES.

Deako may give you all notices (including legal process) that Deako is required to give by any lawful method, including by making notice available through the Service or by sending it to any e-mail or mailing address that you provide to Deako. You acknowledge that if you do not provide Deako with current and accurate contact information, Deako may not be able to contact you. You agree to send Deako notice by e-mailing it to legalnotices@deako.com.

24.  GOVERNING LAW AND DISPUTE RESOLUTION.

A.    Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Washington without reference to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction and venue in the state and federal courts sitting in King County, Washington, for any and all disputes, claims, and actions arising from or in connection with the Service, Content, your User Content, your Account, or these Terms.

B.    Negotiation. You and Deako agree to first attempt in good faith to resolve any dispute by informal negotiation and consultation. In the event that such dispute is not resolved on an informal basis within 15 business days after one party provides notice to the other party of such dispute (“Negotiation Period”), either party may initiate mediation under Section 25 of these Terms.

C.    Export Controls. You may not use or otherwise export or re-export the Service except as authorized by United States law and the laws of the jurisdiction(s) in which the Service is obtained.

25.  Arbitration and Class Action Waiver. Any arbitration under this provision shall be governed by the Federal Arbitration Act (“FAA”); no state laws regarding arbitration procedures shall apply.

Before either party initiates arbitration, that party must contact the other party by sending a written notice of the dispute.  If you provide such a notice to us at 4201 Roosevelt Way NE, Suite 100, Seattle, Washington, 98105, your notice must identify your name and address (including email address), and describe the nature and basis of your claim and the relief you seek, including the basis for any damages calculation.   You must sign the notice, and if you have retained an attorney, you must identify the attorney and confirm that we have authority to disclose to the attorney any information relevant to resolving your claim.   Each side must negotiate in good faith to resolve the claim for a period of sixty (60) days before initiating arbitration proceedings.  Any limitations period shall be tolled for this sixty day period. Failure to comply with any of the provisions in this paragraph is grounds for dismissal of any arbitration proceeding as set forth in the following paragraph.

ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU OR WE MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF THE CLAIM IS PROPERLY WITHIN THE JURISDICTION OF THE SMALL CLAIMS COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

The arbitration will be ADMINISTERED by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its CONSUMER ARBITRATION RULES AND MASS ARBITRATION SUPPLEMENTARY RULES. IF THERE iS A CONFLICT BETWEEN THIS ARBITRATION PROVISION AND THE AAA RULES, THIS ARBITRATION PROVISION WILL GOVERN. The AAA’s rules are available at http://www.adr.org/. The arbitration WILL be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the largest city in your state within 100 miles of where you live. IF THE ARBITRATOR FINDS THAT THE COSTS (INCLUDING ARBITRATION FEES) OF AN ARBITRATION THAT YOU INITIATE WILL BE PROHIBITIVE WHEN COMPARED TO THE COSTS OF LITIGATION, WE WILL PAY SUCH ARBITRATION COSTS TO THE EXTENT NECESSARY TO PREVENT THE ARBITRATION FROM BEING COST PROHIBITIVE FOR YOU.  IF THE ARBITRATOR DETERMINES THAT YOUR CLAIM WAS FRIVOLOUS OR BROUGHT FOR AN IMPROPER PURPOSE, YOU SHALL REIMBURSE US FOR ANY COSTS OR FEES PAID BY US ON YOUR BEHALF.   The decision of the arbitrator WILL be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM WILL BE BROUGHT ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.

Notwithstanding anything to the contrary, Deako may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.

26.       GENERAL APP STORE NOTICE

By downloading our Apps from the Apple App Store or the Google Play Store, you acknowledge that these Terms are between you and Deako, Apple and Google are not a party to these Terms. You are granted a personal, limited, non-exclusive, non-transferable and perpetual license to perform, display and use our App on your mobile device subject to the usage rules set forth in Apple’s Terms of Service and Google Play’s Terms of Service. Neither Apple or Google are responsible for our App or the content included within it and neither has any obligation whatsoever to furnish any maintenance or support services with respect to the App when downloaded from their respective app store.

In the event of any failure of the Apps to conform to any applicable warranty, you may notify Apple or Google, depending on your mobile device, and they will refund the purchase price for the App, if any, to you. To the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the App. Apple and Google are not responsible for addressing any claims by you or a third party relating to the App or your possession or use of the App, including without limitation (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third party claim that the App or your possession and use of the App infringes such third party’s intellectual property rights, neither Apple or Google are responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.

Apple and Google and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof, depending on which app store you have downloaded the App from.

27.  GENERAL.

If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect. Deako may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense your rights (if any). These Terms will be binding upon Deako’s successors and assigns. These Terms (including any incorporated terms), and any additional terms provided with any updates, constitutes the entire agreement between you and Deako with respect to the Service. Both you and Deako warrant to each other that, in entering this agreement, neither Deako nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Deako, or Deako’s successors and permitted assigns, will have any right to enforce these Terms. 

28.  CONTACT INFORMATION.

If you have questions, concerns, or suggestions regarding the Service, Products, Application, your Account, or these Terms, please contact us at support@deako.com.

A. LIMITED EXPRESS WARRANTY. Deako warrants that the Product will be free from defects in materials and workmanship for a period of 1 years (or 6 months for factory refurbished Product) from the date of purchase (the “Warranty Period”). If the Product fails to conform to this Limited Express Warranty during the Warranty Period, Deako will, at its sole discretion, either (A) repair or replace the Product or component; or (B) accept the return of the Product and refund the price actually paid by the original purchaser for the Product. Repair or replacement may be made with a new or refurbished Product and/or components at Deako’s sole discretion. If the Product or a component originally incorporated within it is no longer available, Deako may, at its sole discretion, replace the Product/component with a similar Product/component of similar function. This is your sole and exclusive remedy for breach of this Limited Express Warranty.

Any Product that has either been repaired or replaced under this Limited Express Warranty will be covered by the terms of this Limited Express Warranty for the longer of 45 days from the date of delivery or the remaining Warranty Period.

This Limited Express Warranty is transferable from the original purchaser to subsequent owners, but the Warranty Period will not be extended in duration or expanded in coverage for any such transfer.

B. EXCLUSIONS FROM LIMITED EXPRESS WARRANTY. This Limited Express Warranty does not cover any of the following and may void your Limited Express Warranty:

Products marked as “sample” or sold “AS IS;”

Products that have been subject to:

A. modifications, alterations, tampering, or improper maintenance or repairs;

B. handling, storage, installation, testing, or use not in accordance with the C. User’s Guide or other instructions provided by Deako;
abuse or misuse;

D. breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or

E. Acts of God including, but not limited to, lightning, flood, tornado, earthquake, or hurricane.

F. The product is found to be non-defective by Deako.

This Limited Express Warranty does not cover consumable parts including, but not limited to, batteries unless the damage is due to defects in materials or workmanship of the Product, or software (even if packaged or sold with the Product).

C. LIMITED EXPRESS WARRANTY CLAIMS PROCESS. In order to make a claim under this Limited Express warranty, the owner of the Product must first: (A) notify Deako of the intention to claim by support@deako.com during the Warranty Period and provide a description of the alleged Product failure; and (B) comply with Deako’s return shipping instructions (postage pre-paid). Deako has no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after examination of the returned Product, that the Product is subject to the Exclusions in B above. Deako will bear all costs of return shipping by owner, except with respect to any Product subject to the Exclusions in B above, for which owner will bear all shipping costs.

D. LIMITATIONS AND DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, DEAKO limits the duration of any applicable implied warranty to the duration of this limited EXPRESS warranty AS SET FORTH IN SECTION A. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Except FOR THE LIMITED EXPRESS WARRANTY STATED IN THIS DOCUMENT and any implied warranties as limited above, Deako does not make any other, and disclaims all OTHER WARRANTIES with respect to the product.

E. EXCLUSION of certain Damages. DEAKO IS NOT LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OR EXPENSES.

A. LIMITED EXPRESS EXTENDED WARRANTY. Deako warrants that the Product will be free from defects in materials and workmanship for a period of 2 years (or 6 months for factory refurbished Product) from the date of purchase (the “Warranty Period”). If the Product fails to conform to this Limited Express Extended Warranty during the Warranty Period, Deako will, at its sole discretion, either (A) repair or replace the Product or component; or (B) accept the return of the Product and refund the price actually paid by the original purchaser for the Product.  Repair or replacement may be made with a new or refurbished Product and/or components at Deako’s sole discretion.  If the Product or a component originally incorporated within it is no longer available, Deako may, at its sole discretion, replace the Product/component with a similar Product/component of similar function.  This is your sole and exclusive remedy for breach of this Limited Express Warranty. 

Any Product that has either been repaired or replaced under this Limited Express Warranty will be covered by the terms of this Limited Express Warranty for the longer of 45 days from the date of delivery or the remaining Warranty Period.

This Limited Express Warranty is transferable from the original purchaser to subsequent owners, but the Warranty Period will not be extended in duration or expanded in coverage for any such transfer.

B. EXCLUSIONS FROM LIMITED EXPRESS WARRANTY. This Limited Express Warranty does not cover any of the following and may void your Limited Express Warranty:

Products marked as “sample” or sold “AS IS;”

Products that have been subject to:

A. modifications, alterations, tampering, or improper maintenance or repairs;

B. handling, storage, installation, testing, or use not in accordance with the User’s Guide or other instructions provided by Deako;

C. abuse or misuse;

D. breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or

E. Acts of God including, but not limited to, lightning, flood, tornado, earthquake, or hurricane.

F. The product is found to be non-defective by Deako.

This Limited Express Warranty does not cover consumable parts including, but not limited to, batteries unless the damage is due to defects in materials or workmanship of the Product, or software (even if packaged or sold with the Product).

 C. LIMITED EXPRESS WARRANTY CLAIMS PROCESS. In order to make a claim under this Limited Express warranty, the owner of the Product must first: (A) notify Deako of the intention to claim by support@deako.com during the Warranty Period and provide a description of the alleged Product failure; and (B) comply with Deako’s return shipping instructions (postage pre-paid). Deako has no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after examination of the returned Product, that the Product is subject to the Exclusions in B above.  Deako will bear all costs of return shipping by owner, except with respect to any Product subject to the Exclusions in B above, for which owner will bear all shipping costs.

D. LIMITATIONS AND DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, DEAKO limits the duration of any applicable implied warranty to the duration of this limited EXPRESS warranty AS SET FORTH IN SECTION A.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  Except FOR THE LIMITED EXPRESS WARRANTY STATED IN THIS DOCUMENT and any implied warranties as limited above, Deako does not make any other, and disclaims all OTHER WARRANTIES with respect to the product.

E. EXCLUSION of certain Damages. DEAKO IS NOT LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OR EXPENSES.