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.
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.