Online Services Usage Agreement („Terms of Service”)
For All Neato Robotics Websites and Services
Last Updated: June 22, 2021
These Terms of Service govern your use of NeatoRobotics.com and, unless other terms and conditions expressly govern, any other electronic services, including mobile application services, provided by or made available through Neato Robotics, Inc. („Neato”) that may be available from time to time (collectively, the „Services”). Use of the Services is acceptance of these Terms of Service.
THESE TERMS OF SERVICE CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY, A CHOICE OF LAW, A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THESE PROVISIONS AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH NEATO. PLEASE READ THEM.
Overview. Neato offers three types of access to its Services: 1) Website Visitor (you browse the Website but have not registered); (2) Registered Neato Robot Owner or Potential Owner (you have created a My Neato account); and (3) Neato App User. Section 1 of these Terms of Service applies to everyone who use our Services. Section 2 applies only to individuals with My Neato accounts. Section 3 applies only to individuals who have installed a Neato App on their computers or handheld devices. Section 4 – legal notices – applies to everyone.
General: Your use of the Services constitutes your agreement to these Terms of Service. If you do not agree with these Terms of Service, please do not use the Services. Neato reserves the right to change, modify, add, or remove portions of these Terms of Service at any time. Please check this page periodically for any modifications. Your use of any of the Services following the posting of changes constitutes your acceptance of the changes.
Ownership: The content on and the technology driving the Services are the property of Neato or its licensors and are protected by international copyright, patent, and trademark laws.
License: Neato grants you a limited, non-exclusive, non-transferable license to (1) access and view the content on the Neato Services and (2) access and use the software and mobile applications provided by the Neato Services. Your use of the software embedded into Neato products is governed by the Neato End User License Agreement (“EULA”).
Short Message Service (SMS): If you subscribe to receive text messages from Neato regarding marketing promotions and other information, we will not charge for this service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. Text messages may be sent using an automatic telephone dialing system or other technology and message frequency will vary. You agree to provide Neato with a valid mobile number that belongs to you. To the extent permitted by applicable law, you agree that Neato and the applicable wireless providers will not be liable for failed, delayed, or misdirected delivery of any information sent through this service, any errors in such information, and/or any action you may or may not take in reliance on the information or this service. Your consent to receive text messages is not required as a condition of purchasing any goods or services. Text the single keyword command STOP to +1 (833) 980-3083 at any time to request cancelation of this service.
Use of Content: You may print or download content on the Services only for your personal, non-commercial use. You may not publish, distribute, retransmit, sell or provide access to the content on the Services, except as permitted under applicable law or as described in these Terms of Service. You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Services, except with our express written permission. You may not decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services, insert any code or product or manipulate the content of the Services in any way.
Feedback and Submissions. If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you.
Prohibitions. In the naming of any robots, creating any user names or custom naming features in connection with your use of the Services, you will not use any name, term or phrase that we determine in our sole discretion is: (a) defamatory, obscene, vulgar or offensive; (b) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (c) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (d) promotes illegal or harmful activities or substances.
Termination. If you violate these Terms of Service, we reserve the right to deactivate your account or deny you access to the Services, at our sole discretion, at any time and without notice or liability to you.
Registration. Some of the Services are available only to My Neato account holders. The minimum information we need to register you is your email address and a password.
By registering, you agree that:
- You will receive email from us about software updates, customer surveys, and product research. You will also have the option to sign up to receive email about new Neato products and other Neato news and offers. You will be given the opportunity to opt out each time you receive an email from us.
- You are responsible for all use of your account and for ensuring that all use of your Account complies fully with the provisions of these Terms of Service.
- You are responsible for maintaining the confidentiality of your password.
- You agree to provide current, complete, and accurate information for your Account in order to receive access to the related Services. You agree to promptly update all Account information to keep your account current, complete, and accurate. Changes to such information can be made by going to the account maintenance area at My Neato.
- You will not create My Neato accounts for the purpose of abusing the functionality of the Services; nor will you seek to pass yourself off as another person.
- You agree to immediately notify Neato of any unauthorized use of your password or any other breach of security. Neato reserves the right to perform one-way encryption of passwords for account maintenance purposes.
- As part of your use of the Neato Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
Upon any such termination, we may delete your account and other information related to your account. You may cancel your account at any time by contacting Customer Support.
You acknowledge and agree that the availability of the Neato App is dependent on the third party websites from which you download the Neato App, namely, the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that these Terms are between you and Neato and not with an App Store. Each App Store may have its own terms and conditions to which you much agree before downloading Neato Apps from it. You agree to comply with, and your license to use the Neato Apps is conditioned upon your compliance with, such App Store terms and conditions.
You acknowledge that the availability of the Service is dependent on (i) your computer, mobile device, Wi-Fi network, and other related equipment (“Equipment”), (ii) your Internet service provider (“ISP”), and (iii) your mobile device carrier (“Carrier”). You acknowledge that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the Services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of service, and other policies of your ISP and Carrier.
Section 4: Legal Terms
All content of the Services is © 2020 Neato Robotics, Inc. or its licensors. All rights reserved.
Neato claims no compilation copyright in images or materials that are subject to the GNU Free Documentation License or similar licenses.
NEATO ROBOT and NEATO ROBOTICS and other marks that appear throughout the Services belong to Neato Robotics, Inc. Except as permitted by applicable laws, you are prohibited from using any of the marks appearing on the Services without express written consent.
Disclaimer of Warranties: THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED „AS IS” AND WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH NEATO EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. The WARRANTY FOR THE PRODUCT AND PRODUCT SOFTWARE ARE SET FORTH in the MANUFACTURER’S LIMITED WARRANTY AND THE EULA, RESPECTIVELY.
Limitation of Liability: NEITHER NEATO, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEATO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL NEATO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE NEATO SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO NEATO FOR USE OF THE NEATO SERVICES.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NEATO AND YOU.
Indemnification: To the fullest extent permitted by law, you agree to indemnify and hold Neato, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors harmless from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of (i) your use or unauthorized copying of the Services or (ii) your violation of these Terms of Service or any applicable laws or regulations.
You agree that any dispute between you and Neato arising out of or relating to these Terms of Service, the Services, or any other Neato products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
- Contact Neato First: We want to address your concerns without needing a formal legal case. Before filing a claim against Neato, you agree to try to resolve the Dispute informally by contacting [email protected]. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Neato may bring a formal proceeding.
- Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
- We Both Agree to Arbitrate You and Neato agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
- Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting [email protected] within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
- Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location we agree to.
- Exceptions to Agreement to Arbitrate: Either you or Neato may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Neato products or Neato Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
- No Class Actions: You may only resolve Disputes with Neato on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.
- Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Neato agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts for Alameda County, California. Both you and Neato consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
- Limitation on Claims: Regardless of any statute or law to the contrary, YOU MUST CONTACT NEATO WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTES.
Severability. If any provision of these Terms of Service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Survival. The provisions of these Terms of Service which by their nature should survive the termination of these Terms of Service shall survive such termination.
Waiver. No waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision, and your or our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Entire Agreement. These Terms of Service constitute the entire agreement between Neato and you, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic).
If you have any questions about these Terms, please contact Neato at:
Neato Robotics, Inc.
50 Rio Robles
San Jose, California 95134 USA