Term of Services


Tend Terms of Use

Introduction

Welcome to the website of Tend (the Site). Please read the following Terms of Use carefully before using this Site or ordering, downloading, or using any of our products, so that you are aware of your legal rights and obligations with respect to Tend Insights, Inc. and its affiliates and subsidiaries (individually and collectively, Tend).

By using the Site, purchasing, downloading, or using any software, mobile apps, or other products or services, you signify your unconditional acceptance of these Terms of Use. You also agree to ensure that anyone who uses this software on your computer or mobile device also abides by the Terms of Use.

Tend reserves the right to revise the Terms of Use at any time without providing prior notice to its users. Revisions are effected by posting the revised Terms of Use on the Site. The most current version of the Terms of Use will supersede all previous versions. Your continued use of the Site, software or services shall be deemed unconditional acceptance of those revisions.

To reject these Terms of Use, you must delete all Tend software and mobile apps from your computer or mobile device, and refrain from visiting our Site.

We reserve the right to change, modify, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.

Privacy

Your privacy is very important to us at Tend. To better protect your rights we have provided the Tend Privacy Policy to explain our privacy practices in detail.

Use of Tend Software

Tend software and mobile apps (collectively, the Software) and accompanying documentation that are made available by download from this Site or, are the copyrighted work of Tend. Tend Services (the Services) are provided under various names for a variety of uses. Use of the Software and Services are governed by the terms of their respective end user license agreements that accompany or are included with such Software or Services. You will not be able to download, install, or use any Software, or to use any Services, that are accompanied by or include an end user license agreement unless you explicitly agree to the terms of such end user license agreement. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software available on the Site.

No Life Safety or Critical Uses of the Software or Services

Tend’s Software and Services are not certified for emergency response. You acknowledge that Tend’s devices, Software and Services are not a third- party monitored emergency notification system and that Tend does not monitor emergency notifications and will not dispatch emergency authorities to your home or other location in the event of an emergency. All life threatening and emergency events should be directed to the appropriate response services.

Fees and Payments

Certain aspects of the Services may be provided for a fee. You shall pay all applicable fees, as described on the Site in connection with such Services selected by you. Tend reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Site. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid for Services are non-refundable.

Warranties and Disclaimers

Except as expressly provided otherwise in a written agreement between you and Tend, the Services provided and Software and products contained in or purchased through this site are provided as is and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Tend disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Tend does not warrant that the functions contained in the Site or Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes them available are free of viruses or other harmful components. Tend does not warrant or make any representations regarding the use or the results of the use of the materials in the Services in terms of their correctness, accuracy, reliability, or otherwise. You (and not Tend) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Without limitation of the foregoing, you acknowledge that as a service to users of the Tend Services, we include links to other web sites on the world wide web portion of the internet and that Tend has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such web sites and you hereby irrevocably waive any claim against us with respect to such web sites.

Under no circumstances, including, but not limited to, negligence, shall Tend be liable for any special or consequential damages that result from the use of, or the inability to use, the materials, the Site, the Software or Services or any other web site, even if Tend or a Tend authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. No advice or information, whether written or oral, obtained by you from Tend or from or through the site shall create any warranty. In no event shall Tend’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for purchasing any products, Software or Services.

License for Use of Site

The limited, nonexclusive, non-transferrable license for use of the Site and the services provided to you through the Site is effective until terminated. You may terminate it at any time by discontinuing use of the Site and deleting any Software and apps installed on your computer and mobile devices. This license will terminate upon conditions set forth elsewhere within this Terms of Use or if you fail to comply with any term or condition of this Terms of Use. In such event, no prior notice shall be required by Tend to effect such termination. Upon termination of this Terms of Use, you agree to delete all Software and apps from your computers and mobile devices, and destroy any documentation and other printed or written materials related thereto.

Ownership of IP

Tend owns all rights to the Software, the firmware, and the Site, including but not limited to the content contained therein that is not owned by a third party. All such IP rights are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Software, firmware or Site content, in whole or in part, except as expressly authorized in writing by Tend.

Web Site

Links

Tend may provide links to other sites that we feel are relevant and interesting to our users (Link Sites). Tend is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products. We do not endorse any of the products nor do we make any representations or warranties in connection with the products.

Online Behavior

Please exercise respect when participating in any of Tend’s community features such as Forums, Blogs, Email functions, etc. and when using chat, voice, video, file transfer or any other feature of Tend Software (User Materials). You may not submit or publish through Tend any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. Furthermore, you may not submit or publish User Materials through Tend that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.

Please remember that we do not monitor the contents of these community features and cannot be held responsible for the User Materials. Therefore, we apologize in advance for any offensive or otherwise displeasing User Materials, for the reason that such User Materials are beyond the control of Tend.

If at any time you upload or post User Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to the Site, you automatically grant Tend a non-exclusive, royalty-free, perpetual license of all rights throughout the world to use, edit, modify, include, incorporate, adapt, record and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for the Site, Tend and its products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called moral rights in and to the User Materials.

Submissions

Certain parts of the Site may ask for written suggestions or problem reports such as using our contact form or problem report form (Submissions). In such a case, please read carefully the specific terms, which govern those Submissions (Additional Terms). In the absence of Additional Terms, the Tend Terms of Use shall govern your legal rights with respect to those Submissions.

The Submissions shall be deemed the property of Tend. Tend shall exclusively own all now known or hereafter existing rights to the Submissions throughout the world in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to Tend will not be treated as confidential and Tend shall not be liable for any disclosure of the Submissions.

Accounts and Security

As part of the registration process, each Patron will select a password (Password) and User Name (User Name). You shall provide Tend with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that Tend, in its sole discretion, deems inappropriate or offensive.

You shall notify Tend of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

Tend does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Services. If you are under 18, please do not attempt to register for our Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any personal information to Tend. If we learn that we have collected personal information from a child under the age of 18 without verification of parental consent, we will delete that information.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Tend’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

Copyright Dispute Policy

Tend will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please notify Tend.

Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below, and must include substantially all of the following:

  • a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
  • a description of the copyrighted work or works that you claim have been infringed (infringed work) and identification of what material in such work(s) is claimed to be infringing (infringing work) and which you request to be removed or access to which is to be disabled;
  • a description of where the material that you claim is infringing is located on the Site;
  • information sufficient to permit Tend to contact you, such as your physical address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owners behalf.

Once proper bona fide infringement notification is received by Tend, it is Tend’s policy:

  • To remove or disable access to the infringing material;
    • To notify the content provider or user that it has removed or disabled access to the material; and
  • That repeat offenders will have the infringing material removed from the system and that

Tend will terminate such content provider’s or user’s access to the Services.

Procedure to Supply a Counter-Notice to the Designated Agent:

If the content provider or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider or user may send a counter-notice containing the following information to Tend:

  • A physical or electronic signature of the content provider or user.
    • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled.
    • A statement that the content provider or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
    • Content provider or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the federal court for the judicial district in which the content providers or user’s address is located, or, if the content providers or user’s address is located outside the United States, for any judicial district in which Tend is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
    • If a counter-notice is received by Tend, Tend may send a copy of the counter- notice to the original complaining party informing that person that Tend may replace the removed material or cease disabling it in 10 to 14 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Tend’s discretion.

For Notice of claims of copyright infringement, Tend can be reached by our contact form.

Administrative Information

Electronic Communications

You consent to receiving electronic communications from us. These communications will include notices about your account and information concerning or related to our Services. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Jurisdictional Issues

This Site is controlled and operated by Tend. Tend makes no representation that materials in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. To the extent there is any conflict between these Terms of Use and any end user license agreement between You and Tend, the license agreement shall control.

Indemnity

You agree to indemnify and hold Tend, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

Governing Law

By accessing this Site, you and Tend agree that all matters relating to your access to, or use of, this Site shall be governed by and construed in accordance with the laws of the state of California (United States), without giving effect to any principles of conflicts of law.

Trademarks

Tend, Tend Insights, the Tend Logo, UnoCam, ISecurity+, MobileWatch, Protect What Matters, Tend to What Matters Most, Internet of Things with Heart, and other marks displayed on our site are trademarks of Tend or other related companies.

Registrations or applications for registration have been filed with the United States Patent and Trademark Office. Tend’s trademarks and trade dress may not be used or reproduced without prior, written approval from Tend, in connection with any product or service that is not Tends, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tend. All other trademarks not owned by Tend or any of its related companies that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tend.

Copyright

All content and compilation of content included on Tend’s Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads and software, is the property of Tend and is protected by United States and international copyright laws.

Export Law Assurances

By using or downloading any Software, you agree that you are solely responsible for complying with all United States export control regulations, including the Export Administration Regulations ("EAR"), and sanctions programs, including those administered by the United States Treasury Department's Office of Foreign Assets Controls ("OFAC"), and all other applicable international trade regulations. You agree that you will not download or use the Software without all required approvals in any proscribed destination (including but not limited to Cuba, Iran, North Korea, Sudan, and Syria), on behalf of any proscribed entity or person, for any proscribed end use, or in any other manner contrary to these export regulations and sanctions programs. By downloading or using the Software, you represent, warrant and certify that you are not a proscribed user or utilizing this Software for a proscribed end use under these regulations. This assurance shall survive the expiration or termination of this Agreement.

Miscellaneous

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Tend shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Tend’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub licensable by you except with Tend’s prior written consent. Tend may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Tend in any respect whatsoever.

If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on the Site, please contact us at:
support@isecurityplus.com