Terms of Use - Kasa Smart Home

General Provisions

1. TP-Link Research America Corporation located at 245 Charcot Avenue, San Jose, CA 95131, USA ("TP-Link") provides devices and services in the field of smart home automation, together forming the Kasa Smart Home product line. Devices include Smart Home Routers, Kasa Cam, Smart Wi-Fi LED Bulbs, Smart Wi-Fi Plug, Smart Wi-Fi Light Switch and Range Extender + as well as future developments in the field of home automation (collectively "Devices"). The Devices are supported by the Kasa App and Kasa Care Services (collectively "Services").

2. These Terms of Use ("Terms") apply to all interactions between TP-Link and their end-customer ("Customer") related to the Kasa Smart Home Devices and Services. Individual agreements or special terms of TP-Link (e.g. related to Kasa Care Services) take precedence over these Terms.

3. Terms and conditions of Customer that deviate from, contradict, or supplement these Terms shall not become part of the contract unless TP-Link explicitly agrees to them in writing.

4. TP-Link reserves the right to adjust these Terms to account for any future business, legal, or technical developments. The currently valid Terms that can be viewed on TP-Link's website, in the app stores as well as in the app itself when registering a user account ("Kasa Account") or purchasing Services online and as agreed by Customer during that process shall apply.

5. Changes that confer advantages on Customer or are neutral in this regard shall have immediate effect. All other changes shall be communicated to Customer in writing at least two months prior to their effectiveness. Customer shall be deemed to have consented to changes unless Customer objects to them in textual form to TP-Link within one month; the date on which such an objection is sent shall apply. When changes are announced, TP-Link shall notify Customer of his/her right to object and the consequences of exercising it. If Customer objects to the changes, TP-Link shall have the right to terminate these Terms.

6. If changes concern the object of the contract, TP-Link may implement them only if they are reasonable for Customer while taking TP-Link's interests into account. In particular, changes shall be deemed reasonable for Customer, if they remain within the bounds of what is usual practice on the provision of such Devices or Services and do not discriminate against Customer in violation of the principles of good faith.

7. TP-Link may from time to time in its sole discretion develop and provide updates to its Services and/or Device software, which may include upgrades, bug fixes, patches, other error corrections, security fixes and/or new features (collectively, including related documentation, if any, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. Customer agrees that TP-Link has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality for Free Services (as defined below). Based on Customer's Device settings, when his/her Device is connected to the Internet either:

   1. the Services will automatically download and install all available Updates; or

   2. Customer may receive notice of or be prompted to download and install available Updates.

   Customer shall promptly download and install all Updates. Services or portions thereof may not properly operate should Customer fail to do so. All Updates will be deemed part of the Services and be subject to these Terms.

Services

1. Services of TP-Link under these Terms consist of fee-based and free-of-charge Services (respectively "Paid Services" or "Free Services"). Customer may make use of the Services either as a guest or as a registered user.

2. If TP-Link does not itself provide the Services, TP-Link does not become Customer's contractual partner. TP-Link is not responsible for the services of the third-party providers. Third-party services will be explicitly indicated as such. All complaints about their services must be directed to them.

3. TP-Link plans to operate the Free Services on a long-term basis. However, Customer has no legal claim to future use of it. If TP-Link should decide to cease operating the Free Services, TP-Link shall notify the user of this intention in advance.

4. TP-Link reserves the right to change, extend, or reduce the content, structure, and design of the Services within the scope of what is usual practice in regard to those Services. This applies in particular for offered online services.

5. TP-Link is entitled to temporarily limit the usability of the Services, individual functions thereof, or access to it if there are legal or technical reasons for doing so. In particular, these technical reasons can be, but are not limited to, maintenance work, updating of underlying software, or measures to ensure the security or integrity of the Devices and/or Services.

Fees and Payment

1. TP-Link may require payment of fees for certain features of the Services. Customer may elect, but are not obligated, to subscribe to such features. If a Customer elects to subscribe to such features, Customer shall pay the fees described within such features or corresponding agreements.

2. TP-Link may change the prices and institute new charges for future service orders/subscriptions. In case of subscriptions that renew automatically, TP-Link will give Customer ten days prior notice of any such change. This notice may be delivered by email to Customer. Customer's continued use of the features following such notification constitutes an acceptance of any change to the fees.

Registration of a Kasa Account

1. Customer may open a Kasa Account by registering for the Services. This is done by performing a registration process in TP-Link's app, which involves correctly entering all requested data in a form, agreeing to these Terms and clicking the "Create Account" button, clicking the confirmation link in the e-mail sent by TP-Link, and defining a password in accordance with TP-Link's instructions.

2. Customer can check his/her entries at any time during the registration process and correct any mistakes right in the corresponding fields.

3. After registration has been completed, TP-Link opens a Kasa Account for Customer. This gives rise to this agreement between Customer and TP-Link. It is not necessary to explicitly inform Customer of this fact.

4. After opening the Kasa Account, TP-Link does not store the text of the contract in a form that the user can access.

5. If the personal data provided by Customer while registering should change, Customer shall inform TP-Link of the new data or enter the changes in the Kasa Account profile without delay.

6. Any usernames and passwords used for the Services are for individual use only. Customer shall be responsible for the security of his/her username and password (if any). TP-Link shall be entitled to monitor Customer's username and password and, at its discretion, require Customer to change it. If Customer uses a username and password that TP-Link considers insecure, TP-Link will be entitled to require Customer username or password to be changed and/or terminate Customer's Kasa Account. Customer shall safeguard his/her user name and password to prevent unauthorized access and use by third-parties. If there is evidence of illegitimate use of the data by third parties, Customer shall notify TP-Link immediately. In such a case, TP-Link is entitled to block access by Customer. TP-Link will never phone or e-mail Customer asking to disclose the password.

7. Customer is liable for all actions performed via his/her Kasa Account. Cases of abuse are exempted if Customer cannot be held responsible for them.

Conduct on Use of Devices and Services

1. During Customer's use of the Services, Customer may create connections between the Devices, third-party hardware devices, the Services, and/or third-party services. Customer agrees that he/she will not connect to the Services any hardware devices or third-party services in a manner that could be dangerous to any person(s), or which could cause damage to or loss of any property.

2. Customer's use of the Services and Devices is subject to the following additional restrictions. Customer may not use the Services or Devices or interact with the Services or Devices in a manner that:

   1. Infringes or violates the intellectual property rights or any other rights of anyone else;

   2. Violates any law or regulation;

   3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

   4. Jeopardizes the security of Customer's Kasa Account or anyone else's;

   5. Attempts, in any manner, to obtain the password, Kasa Account, or other security information from any other user;

   6. Violates the security of any computer network, or cracks any passwords or security encryption codes or otherwise incorporates any disabling code designed to permit improper use, access, deletion or modification of software or hardware programs or systems or improperly to disable, deactivate, damage or shut down such programs or systems;

   7. Sends, creates, or replies to "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engages in "spamming" (i.e., unsolicited emailing for business or other purposes);

   8. Crawls, scrapes, or spiders any page or portion of the Services (through use of manual or automated means);

   9. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

   10. Use or distribute tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, disabling code, virus, or network probing tools);

   11. Copies or stores any significant portion of the content;

   12. Decompiles, reverse engineers, or otherwise attempts to obtain the source code of the Services; or

   Customer shall omit any other activity which may adversely affect the operation or enjoyment of the Services by any other person, including placing malware on the Services.

3. If there is concrete evidence of violations of these Terms, laws or other legal provisions, or the rights of third parties, TP-Link reserves the right

   1. to warn Customer,

   2. to temporarily limit or block Customer's access to the Services, and/or

   3. to definitively block Customer's access and delete his/her Kasa Account if there are important grounds to do so.

4. TP-Link is interested in hearing from its Customer regarding his/her questions or comments about TP-Link's Services and Devices. However, TP-Link does not accept or consider unsolicited submissions of any kind (e.g., ideas, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Customer will not send any unsolicited submissions to TP-Link.

Third-Party Content, Applications and Services

As far as possible under applicable law, TP-Link shall not be responsible in connection with third-party content, applications or services. Such third-party content, applications or services may or may not carry their own terms, conditions, privacy policies or other policies that may or may not be related to the Services. TP-Link does not have control over, nor does TP-Link assume any responsibility or risk for content, accuracy, practices, opinions, or policies of any third-party applications or services that Customer may be exposed to when Customer interacts with the Services.

Intellectual Property

1. All intellectual property rights, including without limitation patents, copyrights, trademarks, trade secrets and all other proprietary rights, in the Devices, and Services are owned or licensed by TP-Link or its affiliates, licensors, or suppliers (collectively, the "IP Rights"). Customer's possession, access, and use of the Devices, Device software and/or Services do not transfer any rights, title, or interest in or to such IP Rights to Customer or any third-parties, except as mentioned in Sections 2 and 3 below. Moreover, other than with respect to Customer Contents (as defined below), TP-Link retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it.

2. Customer's right to make use of the Services and any content appearing on it is subject to Customer's compliance with these Terms. Modification or use of the content on the Services for any purpose not permitted by these Terms may be a violation of the IP Rights protected by law and these Terms and is prohibited.

3. TP-Link grants Customer a limited, non-exclusive and non-transferable license to download, copy, install, and use the authorized parts of the Services on to his/her own device (e.g., Customer's computer, smart device, etc.) for Customer's own personal use. Customer may not use the content of the Services in any other public or commercial way nor may Customer copy or incorporate any of the content of the Services into any other work, including his/her own website without the prior written consent of TP-Link. Customer must have a reseller or distribution license from TP-Link before Customer can copy or redistribute any portion of the Services. Any authorization to copy content granted by TP-Link in any part of the Services for any reason is subject to Customer keeping intact all copyright and other proprietary notices. Customer must not copy, modify or in any way reproduce or damage the structure or presentation of the Services or any content therein.

   Unless governed otherwise by applicable mandatory law, modifying, translating, adapting, or otherwise creating derivative works and improvements, decompiling, decoding, reverse engineering, disassembling, or otherwise reducing the code used in any software in connection with the Services into a readable form in order to examine the source code or construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

4. Certain items of independent, third party code may be included in the Services that are subject to the GNU General Public License ("GPL") or other open source licenses ("Open Source Software"). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits Customer's rights under, or grants Customer rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. In particular, nothing in these Terms restricts Customer's right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL.

Customer Content

Customer is solely responsible for all content, including, without limitation, reviews, responses, profile entries, posts, questions, videos, images, and audios that Customer uploads, posts, emails, transmits, or otherwise disseminates using, or in connection with, TP-Link's Services. Customer ensures that he/she has all rights necessary to do so.

Limitation of Liability

1. In cases of intent or gross negligence - irrespective of the legal grounds - TP-Link shall be liable for damages.

2. In cases of simple negligence, TP-Link shall be liable only if a substantive contractual obligation is violated, with this liability being limited to providing compensation for damages that are reasonably foreseeable at the time of concluding the contract. A substantive contractual obligation is one that is essential for achieving the intended purpose of concluding the contract and whose fulfilment may typically be expected.

3. The limitation on liability stated above does not apply to damages arising from loss of life, injury, or harm to health. Nor does it apply to malicious suppression of information or to cases in which TP-Link has provided a guarantee as an exception, or when claims are based on product liability law.

4. To the extent that TP-Link's liability is excluded or limited, this also applies to the personal liability of its employees, representatives, and agents.

Indemnification

1. Customer agrees to indemnify and hold TP-Link harmless from and against any and all claims and liabilities arising from or in any way related to any third-party claims relating to Customer's culpable

   1. misuse of the Services (including any actions taken by a third-party using his/her Kasa Account),

   2. violation of these Terms, and/or

   3. intentional infringement of third-party intellectual property rights.

2. In the event of such a claim, suit, or action ("Claim"), TP-Link will provide notice of the Claim to the contact information provided by Customer when registering his/her Kasa Account (provided that failure to deliver such notice shall not eliminate or reduce Customer's indemnification obligations hereunder).

Termination

1. Customer may terminate the agreements with TP-Link at any time with immediate effect without specifying any reasons.

2. TP-Link may terminate the agreements with Customer at any time without specifying any reasons by providing one month's notice to the end of a month.

3. The right of both sides to terminate respective agreements for good cause remains unaffected.

4. Notices of termination must be in textual form to be effective.

Assignment

Customer may not assign, delegate, or transfer his/her agreements with TP-Link or his/her rights or obligations hereunder, or his/her Kasa Account, in any way (by operation of law or otherwise) without TP-Link's prior written consent. TP-Link may transfer, assign, or delegate its agreements with Customer and its rights and obligations without consent.

Applicable Law

1. These Terms and all legal relationships between TP-Link and the user are exclusively subject to the laws of the Federal Republic of Germany, excluding all provisions of international and multinational contract law, and especially those of the United Nations Convention on Contracts for the International Sale of Goods.

2. If Customer is a consumer, the laws of the country in which Customer normally resides shall apply if, and to the extent that, the choice of German law would cause Customer to lose protections that Customer would otherwise be entitled to under the laws of his/her country of residence.

Additional Terms and Conditions

1. The following additional terms apply to TP-Link's applications available via the Apple, Inc. ("Apple") App Store (the "Apple Application"):

   1. The Apple Application is licensed to Customer on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Services for Customer's private, personal, non-commercial use, subject to all the Terms as they are applicable to the Services;

   2. Both Customer and TP-Link acknowledge that the Terms are concluded between Customer and TP-Link only, and not with Apple, and that Apple is not responsible for the Apple Application or the content;

   3. Customer will only use the Apple Application in connection with an Apple device that Customer owns or controls;

   4. Customer acknowledges and agrees that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Application;

   5. In the event of any failure of the Apple Application to conform to any applicable warranty, including those implied by law, Customer may notify Apple of such failure; upon notification, Apple's sole warranty obligation to Customer will be to refund to Customer the purchase price, if any, of the Apple Application; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Application.

   6. Customer acknowledges and agrees that TP-Link, and not Apple, is responsible for addressing any claims Customer or any third-party may have in relation to the Apple Application;

   7. Customer acknowledges and agrees that, in the event of any third-party claim that the Apple Application or Customer possession and use of the Apple Application infringes that third-party's intellectual property rights, TP-Link, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;

   8. Customer represents and warrants that Customer is not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that Customer is not listed on any U.S. Government list of prohibited or restricted parties;

   9. Both Customer and TP-Link acknowledge and agree that, in Customer's use of the Apple Application, Customer will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and

   10. Both Customer and TP-Link acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon Customer's acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against Customer as the third-party beneficiary hereof.

2. The following additional terms apply to TP-Link's applications available via the Google Inc. ("Google") Google Play store (the "Android Application"):

   1. Notwithstanding anything to the contrary in these Terms, if Customer uses the Android Application Customer hereby acknowledges and agrees that (i) the Android Application relies in part on functionality provided by Google (the "Google Functionality"), (ii) any information provided by Customer via the Android Application may be shared with Google in connection with Customer's use of the Google Functionality, and (iii) all such information shall be handled by Google in accordance with the then-current Google Privacy Policy (currently available at http://www.google.com/privacy.html), as may be amended by Google from time to time;

   2. Customer acknowledges and agrees that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Android Application;

   3. In the event of any failure of the Android Application to conform to any applicable warranty, including those implied by law, Customer acknowledges that Google has no warranty obligation whatsoever with respect to the Android Application;

   4. Customer acknowledges and agrees that TP-Link, and not Google, is responsible for addressing any claims Customer or any third-party may have in relation to the Android Application and that Google will not be liable to Customer for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Android Application.