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Terms of Use

Updated April 21, 2017

Terms of Service

By purchasing Cheikoo devices, using applications and accessing alert history on Chiekoo Cloud Services owned or operated by Inteletto Techonologies , Inc. (“Intelletto”), whether through Intelletto software app(s), Chiekoo Cloud website (our “Services”) or through Third party software apps and website services , you are accepting and agreeing to be bound by the terms and conditions set forth below (these “Terms”).

We reserve the right to change these Terms of Use (“Updated Terms”) at any time. We will provide advance notice through email to the Registered  Owner of the ChieKoo product before the Updated Terms become effective. You further agree that your continued use of the Service after the effective date of the Updated Terms as posted on ChieKoo website constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting on ChieKoo website, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms. Because our App and Services continue to evolve, we may change or discontinue all or any part of the App and/ or Services, at any time and without notice, in our sole discretion. We reserve the right to refuse access to the Service to anyone for any reason at any time.

License

Subject to these Terms of Use, Intelletto hereby grants you a personal, limited, nonexclusive, non-transferable license to install and use the our software app (the “App”) on mobile device(s) that you own or control and to run such copy of the App and use our Services for your own personal or for commercial purposes only in connection with ChieKoo Products and Services and as permitted by these Terms of Use. You may not: (a) copy, modify or create derivative works based on the App or Services, (b) reverse engineer, decompile or disassemble the App, (c) transfer it for use with another Service, (d) reverse engineer , copy, reproduce the circuitry of the Chiekoo Bell Device, (e) develop your own App to capture, log, track , store or retransmit alerts issued by the Chiekoo Bell device unless otherwise permitted by Intelletto Development Partner Program, (f) sell, rent, lease, lend, loan, distribute, publicly communicate, transform, or sub-license the App or otherwise assign any rights to the App in whole or in part. Since the Bluetooth 4 functionality continues to evolve and in order to adapt to such changes , Operating Systems of Handheld devices continue to release updates and applying such updates may disrupt your use of the App. No maintenance or support services for App are implied by this Agreement and none will be provided except at the sole discretion of Intelletto.

Downloading Our App

The following terms apply to the App downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each an “App Provider”). You acknowledge and agree that:

  • These Terms are concluded between you and Intelletto, and not with the App Provider, and that Intelletto (not the App Provider), is solely responsible for the App.
  • The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Intelletto as covered by these Terms and Intelletto Warranty Statement, included in these Terms.
  • The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) 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 that App infringes that third party’s intellectual property rights, Intelletto will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.

Creating an Account

In order to access and use ChieKoo products and Services , you will need to register and create an account (your “Account”). By creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When creating an Account, you may be required to provide certain personal information about yourself and will establish a username and a password. You agree to provide accurate, current and complete information about your Account.

When creating an Account, don’t:

  • Provide any false personal information to us (including a false username) or create any account for anyone other than yourself without such other person’s permission;
  • Use a username that is the name of another person with the intent to impersonate that person;
  • Use a username that is subject to rights of another person without appropriate authorization; or
  • Use a username that is offensive, vulgar or obscene or otherwise in bad taste.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.

Privacy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.

CheiKoo Device Registration, Alerts and Notifications

Once you create an Account, the App allows you to register as an Owner or a Follower of a Chiekoo device on Chiekoo Cloud Services. Once a New Alert is generated by a Chiekoo device, the Owner and all the Followers of the device who have the App installed on their smart devices, will be notified of the alert and in the case of Chiekoo Bell, they have the option to either Dismiss or Accept the New Alert. Once either Owner or the Follower accept the New Alert, all other Followers will receive a Notification to that effect. The Owner has the option to opt out from receiving an Alert Acceptance Notification by other Followers.

In order to become a registered Owner or Follower and to receive Bluetooth 4 Alert broadcasts and acceptance notifications, the following conditions must be met:

  • The App must be running on User’s handheld devices,
  • In order to capture the alert broadcasted by ChieKoo prodcuts, the handheld mobile device must have Bluetooth 4 capability and run the App either in foreground or in background,
  • The User is required to be logged into the Account on the Settings screen of the App,
  • The User must either be an Owner or a Follower of a ChieKoo Bell device.

Passive Eavesdropping

ChieKoo device alerts like most of the Bluetooth LE advertisement are not encrypted. THEREFORE A THIRD PARTY CAN USE A SNIFFING DEVICE TO PASSIVELY EAVESDROP ON THE ALERT COMMUNICATIONS BETWEEN THE CHIEKOO BELL DEVICE AND YOUR SMART DEVICES WITHOUT YOUR CONSENT. Intelletto Technologies Inc does not assume any liability arising out of any such Eavesdropping activity by any unauthorized third party application during your use of any ChieKoo products.

Ownership of Stored Data

By registering as an Owner or a Follower of a ChieKoo Device, you give us the right and the license to store the associated information that are sent to or from our servers (the “Stored Data”). The Stored Data includes but not limited to alerts issued and confirmed by the Owner or the Follower and all their associated information. Further you acknowledge that Intelletto reserves the rights to ownership of the Stored Data and can use the information without any further permission. The usage includes but not limited to rights for Intelletto and Intelletto Partners to host, reproduce, modify, create derivative works (such as preparing reports and compiling statistics on Alert frequency, Alert Notification response times, frequency of Acceptance responses, Responsive vs. unresponsive followers , … etc) and  communicate, publish, display, distribute and sell such Stored Data.  The permission to store information its ownership as describe here continues even if you stop using our Services. Make sure you have the necessary rights to grant us this license for any Stored Data that you submit to our Services.

Enforcement

We have the right (but not the obligation) to review any or all portions of your Stored Data and delete (or modify) any of your Stored Data from our Services for any reason, including if we believe, in our sole judgment, your Stored Data violates these Terms, or that we believe threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Stored Data from our Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or Stored Data we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), MAC address and traffic information, usage history, your Stored Data, and your conduct.

General Prohibitions

You agree not to do any of the following:

  • Use the Services or Stored Data in any manner not permitted by these Terms;
  • Intercept or “sniff” the communication packets between the Chiekoo hardware and mobile devices,
  • Reverse engineer, copy, reproduce the circuitry of the Chiekoo Bell Device OR Chiekoo Bell Bluetooth Low Energy profile or Chiekoo Bell protocol;
  • Access, tamper with, or use non-public areas of the Services, Intelletto’s computer systems, or the technical delivery systems of Intelletto’s providers;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • Attempt to access or search the Services or Stored Data or download Stored Data from the Services through the use of any tool, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Intelletto or other generally available third party web browsers;
  • Submit or transmit any Stored Data that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Ownership

You acknowledge that all intellectual property rights in our Products, App and Services, including the underlying software and technology and the information and Stored Data available on our Services, are owned by us and our suppliers (including other users), and are protected by law throughout the world. If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Products, App or Services (“Feedback”), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback.

Once you purchase a Chiekoo device, you should register that device (“Activation”) on Chiekoo Bell Cloud Services as soon as possible. Intelletto recognizes the registrant of the device as the device owner.

Termination

You can terminate your account at any time by deactivating your account or by providing notice of termination to us. We reserve the right to terminate or suspend your account or your access to any or all portions of the Services at any time, for any reason, including your violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to you in these Terms immediately end. If your account or access to our Services is terminated or suspended because you violated these Terms, you will not be entitled to any refund of any fees or payments and you will have no further right to access any of the foregoing or your account.

Intelletto Hardware Warranty

Please refer to our Warranty Policy for information on our limited warranty.

General Provisions

These Terms constitute the entire agreement between us with respect to the subject matter and supersedes any prior understandings and agreements. These Terms will be governed by and construed in accordance with the laws of the Province of Ontario , Canada , without regard to or application of conflicts of law rules or principles. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.

Contacting Us

If you have any questions about these Terms, please contact us at sales@intelletto.com .