These Terms of Service (these “Terms” or this “Agreement”) govern your use of this mobile application (the “Application” or “App”) brought to you by Airfind Corp., doing business as Omni Home Apps (“Airfind”, “Company”, “we” or “us”) and such other websites, mobile applications, emails, social media profiles, and other online offerings offered by us which contain a link to these Terms (collectively, “Services”). These Terms incorporate our Privacy Policy by reference. These Terms are a legally binding agreement between you and us. These Terms consist of a global section that applies to all users and the Regional Terms Supplements in Section 18, which modify these Terms for users in particular countries and regions. If a Regional Terms Supplement conflicts with any other provision of these Terms, the supplement controls for users in that region.
WE OFFER OUR SERVICES TO YOU CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS WITHOUT MODIFICATION OR EXCEPTION. PLEASE READ THESE TERMS CAREFULLY. YOUR AFFIRMATIVE ACTION OR CONSENT TO DOWNLOAD, INSTALL, AND/OR USE OUR SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE PROHIBITED FROM USING OUR SERVICES. IF THE APPLICATION CAME PREINSTALLED ON YOUR DEVICE, YOU ACCEPT THESE TERMS WHEN YOU CREATE AN ACCOUNT OR OTHERWISE FIRST USE THE APPLICATION OR SERVICES AFTER THESE TERMS ARE PRESENTED TO YOU, AND NOT MERELY BECAUSE THE APPLICATION IS PRESENT ON YOUR DEVICE. IF YOU DO NOT AGREE, DO NOT CREATE AN ACCOUNT AND DO NOT USE THE APPLICATION, AND YOU MAY UNINSTALL OR DISABLE IT AT ANY TIME.
PLEASE NOTE THAT SECTION 9 OF THESE TERMS INCLUDES BOTH AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU RESIDE IN THE UNITED STATES, BY ACCEPTING THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION (WAIVING ANY RIGHT YOU MIGHT HAVE TO HAVE ANY DISPUTES YOU HAVE WITH US OR CLAIMS AGAINST US DECIDED BY A JUDGE OR JURY), AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN SECTION 9. IF YOU RESIDE OUTSIDE THE UNITED STATES, SECTION 9 APPLIES TO YOU ONLY TO THE EXTENT PERMITTED BY THE MANDATORY LAWS OF YOUR COUNTRY OF RESIDENCE, AND THE REGIONAL TERMS SUPPLEMENTS IN SECTION 18 PRESERVE YOUR RIGHT TO BRING CLAIMS IN YOUR LOCAL COURTS AND BEFORE YOUR LOCAL CONSUMER AUTHORITIES WHERE THAT RIGHT IS GUARANTEED BY LAW.
Section 1. Our Services; Rights; Restrictions and Licenses.
(a) Unless otherwise presented at the time a particular Service is made available to you for use, all of our Services are provided to you free of charge, subject to your adherence to these Terms. The nature of the Services offered is described to you at the time you access such Services. By using our Services, you acknowledge and agree that such Services contain our own proprietary content as well as content provided from third parties (collectively “Content”). While we endeavor to provide useful, accurate and up to date Services, we do not guarantee the accuracy, integrity or quality of the Services or any of the Content. Additionally, you acknowledge and agree that you may be exposed to Content that you find offensive, indecent, or objectionable or that is inaccurate or out of date. You agree to bear all risks associated with the use of our Services and such Content, including exposure to Content through such Services. If you do not like or find offensive our Services or Content, your sole remedy is to immediately cease your use of the Services and access to the Content. We maintain the right, but not the obligation, to remove any Content that we determine in our sole discretion violates these Terms or that is otherwise objectionable at any time and for any reason.
(b) You acknowledge and agree that all Content made available on or through the Services is protected by applicable intellectual property rights, including without limitation, copyright and/or trademark law. For purposes of clarity, such Content may include without limitation, photographs, marks, logos, written content, illustrations, graphics, images, sound or video clips, and Flash animation, whether owned by us or third parties with which we have a relationship. Under no circumstances may you modify, sell, license, transfer, publish, transmit, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the Content or any aspect of our Services, in whole or in part. You acknowledge and agree that the Services, any copies thereof (including without limitation any copy that you download, install, or use on your personal computer or mobile device(s)), and all copyrights, patents, trademarks, branding or logos used in the Services, trade secrets, source and object code, format, directories, queries, algorithms, structure and organization of the Services and other intellectual property rights and proprietary and confidential information rights associated therewith are, and shall remain, the property of Airfind or our licensors. Airfind and our licensors reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of the Services (or any copy thereof) at any time without notice and will have no liability for doing so. Except as expressly authorized by Airfind herein, you are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in this Agreement are hereby reserved and retained by Airfind and our licensors.
(c) Subject to your compliance with these Terms, we grant you an individual and personal, revocable, non-transferrable, non-assignable, non-exclusive right and license (the “License”) to install and use one copy of the Application, in executable object code, and to access and use the Services and Content for your own personal use within the countries where the Application is offered for download or comes preinstalled on a device (collectively, the “Territory”). The countries currently within the Territory are identified in the Application or in the applicable app store listing. Any use of the Services and Content other than for your own personal use and enjoyment is strictly prohibited and shall constitute a breach of these Terms. If you download and use the Application outside of the Territory, you may not be able to open an account for the Application or use certain of its functionality.
(d) In some cases we may require registration prior to use of our Services. If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else’s password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. You are allowed to have only one (1) account. If you open more than one account, we may cancel all of your accounts at our discretion.
(e) Some of our Services may be subject to additional terms and/or conditions posted by us. Your use of those Services is subject to those additional terms and/or conditions, which are hereby incorporated into these Terms by reference. In the event of any conflict or inconsistency between these Terms and any additional terms and/or conditions posted by us, the provisions of such additional terms and/or conditions shall control with respect to the specific Service to which they apply. The terms or conditions of any third party shall not modify or supersede these Terms as between you and Airfind.
(f) Your use of the Application also may be governed by terms and conditions required by (i) the manufacturer and other providers of your mobile device(s) and its hardware and software components, including its operating system; and (ii) the online store or other applicable distributor through which you obtain the Application ((i) and (ii) collectively being referred to as the “Related Agreements”). No Related Agreement, however, shall have the effect of limiting, encumbering or otherwise restricting Airfind’s rights and remedies or your obligations under these Terms, including the License set forth herein, or waiving any restrictions on your rights to use the Application under the License. The License shall not have the effect of limiting, encumbering or otherwise restricting Airfind’s rights and remedies or your obligations under any other agreement between you and Airfind, or waiving any restrictions on your rights under any such agreement.
(g) By using the Services, you represent, warrant and agree that you are using the Services solely for your own personal use and not for redistribution or transfer of any kind. You agree to abide by the rules and policies established from time to time by Airfind relating to your use of the Services. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Application and obtaining available patches to address security, interoperability or performance issues. If at any time after reviewing the Application you wish to terminate the license, you must un-install and remove the Application from your mobile device(s), and delete any copy in your possession.
(h) Certain of the Services we offer may require you to pay a fee or charge, as described in the specific conditions included where those Services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. By using our paid Services and/or clicking on the “I Agree” button or similar affirmative consent in any order you submit for our Services, you are agreeing to be bound by these Terms and you authorize Company to charge your credit card for the payment amount indicated with respect to the Services you are purchasing. By clicking “I Agree” you are authorizing us to use such consent in lieu of your physical signature, and agreeing that by clicking “I Agree” you are responsible for complying with these Terms. An electronic copy of your acceptance of these Terms will be stored in our systems and will be used to confirm to your credit card company and/or your bank your acceptance of the payment charge. Where a purchase or subscription is made through an app store (such as Google Play), the app store processes the payment under its own terms, we do not collect or store your payment credentials, and any subscription will automatically renew unless you cancel it through your app store account before the renewal date; uninstalling the Application does not cancel a subscription.
(i) The Services may contain links to other Internet websites and services owned by third parties. Your use of each of those websites and services is subject to the conditions, if any, that each of those websites has posted. You acknowledge and agree that we have no control over websites that are not ours, and we are not responsible for any changes to and/or content on them. Our inclusion of any third-party Content or a link to a third-party website or service is not an endorsement of such third party content or third-party site. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate third party.
(j) Airfind may release updated versions of the App from time to time. Certain features of the App may only be available by using the most up-to-date version of the App. In addition, information contained in versions of the App other than the most up-to-date version may not be accurate. You are encouraged to promptly update the App when new versions are released.
(k) You are responsible for obtaining access to the Services and you are responsible for paying any third party fees associated with such access. You are also responsible for paying your wireless services bill and for all standard data charges and standard messaging charges that may apply. In addition, if traveling outside of your domestic coverage area, your wireless carrier may charge international roaming rates when downloading/streaming content from the Services. In addition, you must provide and are responsible for all equipment necessary to access the Services.
Section 2. Your Content.
(a) You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on or through the Services (“Your Content”). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable, license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) pursuing our business interests, (ii) distributing Your Content, either electronically or via other media, to third parties seeking to download or otherwise acquire it, (iii) complying with applicable laws or judicial process and responding to third party claims pursuant to Section 2(d) hereof, (iv) enforcing these Terms, and/or (v) storing Your Content in a remote database accessible by third parties. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
(b) If you believe that Your Content has been copied and made accessible through the Services and/or as part of the Content in a manner that violates your intellectual property rights, you may submit a claim notice to our designated copyright agent: Airfind Corp., Attn: Copyright Agent, 3401 N. Miami Avenue, Suite 230, Miami, FL 33127; telephone (310) 499-4211; email Support@OmniHome.app.
(c) Be advised that under 17 U.S.C. 512(f), knowingly making a material misrepresentation that online material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification, you may be subject to heavy civil penalties. These penalties include monetary damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider who is injured by your misrepresentation. Any copyright infringement claims notice MUST include at least (1) proper identification of the allegedly infringing material or to be the subject of the allegedly infringing activity along with a demand that such allegedly infringing material be removed or access disabled, along with sufficient information for the Company to adequately locate the material; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Service are covered by a single notification, a representative list of such works available at that Service; (3) 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; (4) 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; (5) information reasonably sufficient to permit Company to contact you, such as address, phone number, and, if available, an email address at which you may be contacted; and (6) a physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed work (the “Notice Requirements”). If the Notice Requirements are not met, the Company may disregard the notice pursuant to 17 U.S.C. 512(c)(3).
(d) To the extent we remove your materials as a result of the complaints of another pursuant to this Section 2, we may notify you of this fact and will provide you with the email address of the complaining party so that you may attempt to resolve the issue. You may object to such determination by writing to our designated agent, which must contain the following information pursuant to 17 U.S.C. 512(g)(3): (1) your physical or electronic signature; (2) 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 access to it was disabled; (3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (4) your name, address, and phone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. 512(c)(1)(C) or an agent of such person.
Section 3. Communications to You.
You understand and agree that by utilizing our Services, you agree to receive communications from us, including emails, push notifications, text messages (where you have provided any consent required by applicable law), and other forms of communications, regarding our Services and other third-party business offerings. You further understand and agree that our Services may include communications from us or from our partners to you and that these communications are considered part of the Services. To opt out of receiving marketing communications from us via email, please email us at Support@OmniHome.app or click on the “unsubscribe” link at the bottom of any communication you receive from us. Please be aware that we do not and cannot control the policies of any third parties who distribute any communications to you.
Section 4. Privacy Policy.
By using any of our Services, you agree to the terms of our Privacy Policy, which contains information about Airfind’s policies and practices regarding the types of information we may collect from you or that you may provide when you visit any of our Services and our practices for collecting, using, maintaining, protecting, selling, and disclosing that information. As described in the Privacy Policy, the Services collect, use, maintain, share, sell, and otherwise process personal data from you, including the following:
- Identifiers. For example, a real name, alias, postal address, telephone number, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers.
- Internet or other similar network activity. For example, your browsing and search activity within our Services and information on a consumer’s interaction with a website, application, or advertisement; our advertising partners may also collect information about your activity on other websites and applications over time.
- Geolocation data. For example, physical location or movements. We collect approximate location and, for certain features (such as weather) and only with your permission, precise location, as described in the Privacy Policy.
- Electronic information. For example, information you enter directly into our Services.
- Commercial information. For example, products or services purchased, purchase histories, and information about your interests and preferences.
- Inferences drawn from other personal information. For example, profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Certain of your information collected from the Services will be shared with third parties or will allow certain third parties to directly collect, use and transfer such information directly from your device, each as more specifically described in the Privacy Policy. If you do not agree to this collection, transfer and use, you should not use and should un-install the Application from your device. The collection, use, sharing, selling, and other processing of information collected is directly related to the functionality of the Services and the commercial benefits offered to you via the Services.
To exercise your privacy rights, or to ask a question about our privacy practices, you may contact us at Support@OmniHome.app, call (310) 499-4211, write to Airfind Corp., 3401 N. Miami Avenue, Suite 230, Miami, FL 33127, Attn: Privacy, each as described in our Privacy Policy.
Anonymized and Aggregated Information; AI Training
You acknowledge and agree that we may create anonymized and aggregated information from information processed through the Services, as described in our Privacy Policy, and that we may use that information for any lawful business purpose. This includes using it to develop and train artificial intelligence and machine-learning models, and selling or licensing anonymized or aggregated datasets directly to selected companies, including AI developers, so that they may develop, train, fine-tune, test, evaluate, and improve their own models and conduct directly related research and development. These arrangements may generate revenue for us.
We do not sell or license these datasets to data brokers, dataset marketplaces, or resellers. Recipients are bound by written agreements that prohibit attempting to re-identify any person, household, or device and prohibit selling, sublicensing, or redistributing the datasets. The Privacy Policy's section “Aggregated, De-identified, and Anonymous Information; AI Training” governs what information is eligible, the anonymization measures we apply, the categories that are never included (such as health data, installed-app inventories, private device content, and precise location), and recipient obligations.
To the extent permitted by law and subject to the rights of others, we retain all right, title, and interest in anonymized and aggregated compilations, statistics, analyses, datasets, and models created under this section. You do not acquire any ownership interest, royalty, or right to compensation in them solely because information relating to your use of the Services contributed to them. This provision does not transfer ownership of your personal data or Your Content and does not waive any privacy right you have under applicable law.
Nothing in this section overrides applicable app-store requirements or any stricter commitment in the Privacy Policy. Where anonymized information no longer permits identification, individual contributions may not be retrievable; your rights over identifiable personal information remain unaffected.
Section 5. Your Conduct.
(a) The technology and the software underlying our Services is the property of the Company, our affiliates, operators, providers, parent companies, and/or partners. You agree not to sell, license, assign, distribute, host, outsource, reverse engineer, copy, modify, rent, lease, loan, grant a security interest in, or otherwise commercially exploit and/or transfer any right to the technology or software underlying the Services. You agree not to modify the software underlying the Services in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You shall not access the Services in order to build a similar or competitive product or service. Except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means. You shall not make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services. You shall not remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) or legal notices of Airfind or our licensors. You shall not use the Services for any purpose for which it is not designed or intended or permitted by these Terms. You shall not make the Services available over a network or other environment permitting access or use by multiple devices or users at the same time. You shall not use any proprietary information or interfaces of Airfind or other intellectual property of Airfind in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Services. You shall not circumvent, disable or tamper with any security-related components or other protective measures applicable to the Services. Any use of the Services other than as specifically authorized herein, without the prior written permission of Airfind, is strictly prohibited and will terminate the License.
(b) Without limiting the prohibitions set forth in Section 5(a) above, you agree that you will not use the Services to (i) publish, post, upload, e-mail, distribute, or disseminate (collectively, “transmit”) any offensive, inappropriate, profane, defamatory, infringing, vulgar, sexually explicit, obscene, indecent, or unlawful content or any hate speech (e.g. racist/discriminatory speech); (ii) transmit files that contain viruses, corrupted files, spyware, trojan horses, worms, time bombs, cancelbots, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, the Services, any software or hardware, or telecommunications equipment; (iii) restrict or inhibit any other user from using and enjoying any aspect of the Services; (iv) interfere with or disrupt the Services, servers, or networks, including, without limitation, forging headers or otherwise manipulating identifiers in order to disguise the origin of Your Content; (v) impersonate any person or entity, including, but not limited to, a representative of the Company, or falsely state or otherwise misrepresent your affiliation with a person or entity; (vi) take any action that imposes an unreasonably or disproportionately large load on our infrastructure; (vii) violate the intellectual property rights of Company and/or any third party; (viii) attempt to re-identify any person, household, or device from anonymized or aggregated information made available through the Services, or fraudulently manipulate advertising or measurement; (ix) send automated queries to any website or to send any unsolicited commercial e-mail, including without limitation, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; and/or (x) engage in any illegal activities or violate any applicable law, rule, or regulation.
(c) Unauthorized access to the Services is a breach of these Terms and a violation of the law. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Services, except those automated means that we have approved in advance and in writing.
(d) In all cases, use of the Services is subject to existing laws and legal process and you should comply with such laws and legal process at all times. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services.
Section 6. Termination, Suspension and Other Company Rights.
(a) We at all times have the right, without obligation, to take certain actions with respect to the Services and your use of the Services and Content in our sole and absolute discretion at any time and for any reason without giving you any prior notice, including, without limitation, the right to (i) terminate, suspend, or otherwise restrict your access to all or any part of our Services; (ii) remove, refuse, or move any material that you submit to the Services for any reason; (iii) remove, refuse, or move any Content that is available on or through the Services; (iv) update our Services in whole or in part; and (v) establish general practices and limits concerning use of the Services and Content. You may suspend your use of the Services at any time and for any reason and may terminate these Terms by deleting the Application and ceasing all use of the Services. Upon termination of these Terms, your account and right to access and use the Services will terminate immediately, along with all rights and benefits that may have accrued thereunder without further obligation. Where the law of your country of residence requires us to give you notice of, or to have cause for, the suspension or termination of your account, we will comply with that law.
(b) To the maximum extent permitted by applicable law, you agree that under no circumstances whatsoever will we, or our partners, affiliates, operators, or parent companies be liable to you or any third party for taking any of the actions set forth in Section 6(a) above, and you further agree to refrain from bringing any action against us, or our parents, affiliates, operators, or partners for our taking any of the actions set forth in Section 6(a) above. This Section 6(b) does not limit any right or remedy that cannot be waived or excluded under the laws of your country or state of residence.
(c) Any provisions of these Terms which by their express language or by their context are intended to survive the termination of these Terms (including without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty and ownership of intellectual property), shall survive such termination.
Section 7. Indemnification.
To the maximum extent permitted by applicable law, you hereby agree to indemnify, defend and hold Company and all of its operators, officers, directors, owners, employees, agents, information providers, affiliates, parent companies, partners, and licensors (collectively, the “Company Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any Company Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of (i) your use of the Services and/or Content; (ii) the content, the quality, or the performance of Your Content; (iii) your connection to the Services and/or Content; (iv) your violation of these Terms; or (v) your violation of the rights of any other person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. Nothing in this Section 7 requires you to indemnify any Company Party for liability arising from that Company Party’s own negligence, willful misconduct, or violation of law, and this Section 7 applies to consumers only to the extent permitted by the law of the consumer’s country or state of residence.
Section 8. Disclaimer; No Warranties.
We, and our parents, owners, agents, Content providers, employees, licensors, affiliates, and our partners (i) disclaim any responsibility for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material; (ii) disclaim any responsibility for any harm resulting from downloading or accessing the Services and any Content accessible by or through the Services and/or Content; (iii) disclaim any responsibility for any service outages that are caused by our maintenance on the servers or the technology that underlies the Services, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OR AVAILABLE THROUGH THE SERVICES. THE SERVICES AND ALL CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SERVICES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. AIRFIND AND OUR LICENSORS MAKE NO WARRANTY (AND ASSUME NO OBLIGATION) (I) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THAT ANY CONTENT OR FEATURE WILL ALWAYS BE AVAILABLE OR THAT IT WILL BE AVAILABLE AT ANY SPECIFIC TIMES; (III) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THAT ANY ERRORS IN THE SOFTWARE COMPRISING A PORTION OF THE SERVICES WILL BE CORRECTED; (V) THAT ANY SOFTWARE COMPRISING A PORTION OF THE SERVICES DOWNLOADED TO A MOBILE DEVICE, OR ANY INFORMATION READ FROM OR WRITTEN TO A MOBILE DEVICE, WILL NOT ADVERSELY AFFECT THE PERFORMANCE, OPERATION, WARRANTY OR ANY OTHER ASPECT OF THE MOBILE DEVICE; OR (VI) THAT THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE APPLICATION, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DOWNLOAD. WHERE THE LAW OF YOUR COUNTRY OR STATE PROVIDES A LONGER MINIMUM WARRANTY OR CONFORMITY PERIOD THAT CANNOT BE SHORTENED BY CONTRACT, THAT LONGER PERIOD APPLIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AIRFIND OR THROUGH OR FROM THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
HEALTH, WEATHER, AND OTHER INFORMATIONAL FEATURES ARE PROVIDED FOR GENERAL INFORMATION ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE, DIAGNOSIS, TREATMENT, EMERGENCY ALERTS, OR EMERGENCY SERVICES. DO NOT RELY ON THE SERVICES FOR SAFETY-CRITICAL DECISIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIRFIND AND OUR AFFILIATES AND LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AIRFIND, OUR AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATED TO THESE TERMS, THE APPLICATION OR THE SERVICES, INCLUDING WITHOUT LIMITATION: (i) THE USE OR THE INABILITY TO USE THE APPLICATION OR SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (iii) LOSS OR DELETION OF ANY CONTENT; (iv) STATEMENTS, CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APPLICATION AND/OR SERVICES; (v) MISTAKES, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS OR ANY OTHER FAILURE OF PERFORMANCE; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES.
SOME STATES AND COUNTRIES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF AIRFIND, OUR AFFILIATES AND LICENSORS FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, INCLUDING FOR ANY IMPLIED WARRANTIES, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR APPLICATION, IS LIMITED TO THE AMOUNT, IF ANY, PAID TO AIRFIND TO USE THE SERVICES AND APPLICATION OR, WHERE NO SUCH AMOUNTS WERE PAID, $5. IN ALL CASES, AIRFIND, OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE LAWS OF YOUR COUNTRY OR STATE OF RESIDENCE. IF YOU ARE A CONSUMER IN THE EUROPEAN ECONOMIC AREA OR THE UNITED KINGDOM, YOU HAVE STATUTORY RIGHTS IF DIGITAL CONTENT OR DIGITAL SERVICES WE SUPPLY ARE NOT IN CONFORMITY WITH YOUR CONTRACT, INCLUDING WHERE YOU PROVIDE PERSONAL DATA RATHER THAN MONEY IN EXCHANGE, AND NOTHING IN THESE TERMS AFFECTS THOSE RIGHTS. THE LIMITATIONS IN THIS SECTION 8 APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of these Terms between Airfind and you. Airfind would not be able to provide the Services on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of Airfind’s affiliates and licensors.
Section 9. Arbitration; Governing Law.
THIS SECTION 9 APPLIES IN FULL IF YOU RESIDE IN THE UNITED STATES. IF YOU RESIDE OUTSIDE THE UNITED STATES, THIS SECTION 9 APPLIES ONLY TO THE EXTENT ITS TERMS ARE PERMITTED BY THE MANDATORY LAWS OF YOUR COUNTRY OF RESIDENCE, AND THE REGIONAL TERMS SUPPLEMENTS IN SECTION 18 MODIFY OR DISAPPLY PARTS OF THIS SECTION FOR YOUR REGION, INCLUDING BY PRESERVING YOUR RIGHT TO BRING CLAIMS IN THE COURTS AND BEFORE THE CONSUMER AUTHORITIES OF YOUR HOME COUNTRY.
(a) BEFORE EITHER YOU OR WE COMMENCE AN ARBITRATION OR FILE A CLAIM IN COURT (OTHER THAN AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT), THE PARTY RAISING THE DISPUTE MUST FIRST SEND THE OTHER PARTY A WRITTEN NOTICE OF THE DISPUTE DESCRIBING THE CLAIM AND THE RELIEF SOUGHT. YOUR NOTICE MUST BE SENT TO AIRFIND CORP., 3401 N. MIAMI AVENUE, SUITE 230, MIAMI, FL 33127, ATTN: LEGAL DEPARTMENT, OR BY EMAIL TO SUPPORT@OMNIHOME.APP. THE PARTIES WILL ATTEMPT IN GOOD FAITH TO RESOLVE THE DISPUTE INFORMALLY FOR SIXTY (60) DAYS AFTER THE NOTICE IS RECEIVED BEFORE COMMENCING ANY PROCEEDING.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS THAT IS NOT RESOLVED INFORMALLY SHALL BE RESOLVED BY BINDING ARBITRATION AT THE REQUEST OF EITHER PARTY, TO BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES THEN IN EFFECT.
WE SHALL BE FULLY RESPONSIBLE FOR FILING, ADMINISTRATION AND ARBITRATOR FEES AND WE WILL ADVANCE, OR REIMBURSE YOU FOR, ANY REASONABLE FILING, ADMINISTRATION AND ARBITRATOR FEES FOR ANY ARBITRATION INITIATED IN ACCORDANCE WITH THIS PARAGRAPH. WE WILL REIMBURSE YOU FOR YOUR REASONABLE ATTORNEYS’ FEES AND COSTS IF THE ARBITRATOR AWARDS YOU AN AMOUNT EQUAL TO OR GREATER THAN THE AMOUNT YOU HAVE DEMANDED IN SUCH ARBITRATION.
THE AMERICAN ARBITRATION ASSOCIATION SHALL ADMINISTER THE ARBITRATION AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. BOTH PARTIES ACKNOWLEDGE THAT THE AGREEMENT ESTABLISHED BY THESE TERMS IS A TRANSACTION INVOLVING INTERSTATE COMMERCE, AND IS THEREFORE GOVERNED BY THE FEDERAL ARBITRATION ACT. BY AGREEING TO ARBITRATION, BOTH PARTIES ARE WAIVING THEIR RIGHT TO LITIGATE IN COURT, INCLUDING ANY RIGHT TO A JURY TRIAL.
UNLESS YOU AND WE OTHERWISE MUTUALLY AGREE, ANY HEARING IN THE ARBITRATION WILL BE CONDUCTED BY TELEPHONE OR VIDEOCONFERENCE, UNLESS YOU REQUEST AN IN-PERSON HEARING OR THE ARBITRATOR DETERMINES THAT AN IN-PERSON HEARING IS NECESSARY. ANY IN-PERSON HEARING SHALL TAKE PLACE IN THE COUNTY OF YOUR PRIMARY RESIDENCE IN THE UNITED STATES OR AT ANOTHER LOCATION YOU AND WE MUTUALLY AGREE UPON. AT YOUR OPTION, YOU MAY BRING AN ACTION AGAINST US IN SMALL CLAIMS COURT, NOTWITHSTANDING THIS AGREEMENT. THE PARTIES AGREE THAT ALL CLAIMS, WHETHER IN ARBITRATION OR IN SMALL CLAIMS COURT, SHALL BE TREATED INDIVIDUALLY AND THERE SHALL BE NO CONSOLIDATION OF CLAIMS, CLASS ACTIONS, REPRESENTATIVE ACTIONS OR PRIVATE ATTORNEY GENERAL ACTIONS. AIRFIND EXPRESSLY REJECTS AND DOES NOT CONSENT TO ANY CONSOLIDATION OF CLAIMS OR CLASS ACTION IN THE ARBITRATION.
NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY SEEK TEMPORARY OR PRELIMINARY INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF ITS INTELLECTUAL PROPERTY RIGHTS, OR UNAUTHORIZED ACCESS TO THE SERVICES. IF THE PROHIBITION ON CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTIONS IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM FOR PUBLIC INJUNCTIVE RELIEF, THAT CLAIM (AND ONLY THAT CLAIM) SHALL BE SEVERED AND MAY BE PURSUED IN COURT, AND THE REMAINDER OF THIS SECTION 9 SHALL REMAIN IN FULL FORCE AND EFFECT.
THIS SECTION 9 SURVIVES THE TERMINATION OF THESE TERMS.
FOR ADDITIONAL INFORMATION ON COMMENCING ARBITRATION AND HOW THE ARBITRATION PROCESS WORKS, YOU MAY CALL THE AMERICAN ARBITRATION ASSOCIATION AT 800-778-7879 OR VISIT THEIR WEBSITE AT WWW.ADR.ORG.
(b) ARBITRATION OPT-OUT RIGHT. YOU MAY OPT OUT OF THIS AGREEMENT TO ARBITRATE. IF YOU DO SO, NEITHER YOU NOR WE CAN REQUIRE THE OTHER TO PARTICIPATE IN AN ARBITRATION PROCEEDING. TO OPT OUT, YOU MUST NOTIFY US IN WRITING NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU FIRST ACCEPT THESE TERMS. YOUR OPT-OUT NOTICE MUST BE SENT BY MAIL TO AIRFIND CORP., 3401 N. MIAMI AVENUE, SUITE 230, MIAMI, FL 33127, ATTN: LEGAL DEPARTMENT, ARBITRATION OPT-OUT, OR BY EMAIL TO SUPPORT@OMNIHOME.APP WITH THE SUBJECT LINE “ARBITRATION OPT-OUT,” AND MUST INCLUDE YOUR NAME, THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT (IF ANY), AND A CLEAR STATEMENT THAT YOU WANT TO OPT OUT OF THIS ARBITRATION AGREEMENT. IF YOU OPT OUT OF ARBITRATION, ALL OTHER PROVISIONS OF THESE TERMS WILL CONTINUE TO APPLY TO YOU.
(c) These Terms and any disputes arising directly or indirectly hereunder shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its choice of law provisions, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions of this Section 9. To the extent any dispute is not subject to arbitration under this Section 9, you and we agree that it shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to the jurisdiction of and venue in those courts. If you are a consumer residing outside the United States, you also benefit from the protections of the mandatory consumer protection laws of your country of residence, and nothing in this Section 9 deprives you of those protections or of any right to bring proceedings in the courts of your home country where that right is guaranteed by law. EACH PARTY HERETO EXPLICITLY WAIVES THE RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE OR CONTROVERSY ARISING OUT OF THESE TERMS.
Section 10. Government Users.
If you are acting as a representative of the United States Government or any agency or instrumentality thereof (the “Federal Government”), in addition to the limitations set out in these Terms, your rights to the Services and our Content is limited as “Commercial Items” (See 48 C.F.R. §2.101) and specifically “Commercial Computer Software” and “Commercial Computer Software Documentation” (as defined and used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable). Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the Federal Government shall have no greater rights than as are set forth in these Terms and shall have no rights to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. The Federal Government’s use, duplication, and/or disclosure of the Services and our Content is subject to restrictions, as specifically set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
Section 11. Children.
The Services are not intended for children under 13, and you must not use the Services if you are under 13 years of age. If you are under the age of 18 (or under the age of legal majority in your jurisdiction), you may use the Services only under the supervision and with the consent of a parent or legal guardian who has read and agreed to these Terms on your behalf. By agreeing to these Terms, you represent and warrant that you meet these requirements. If you believe a child under 13 is using our Services, or if you are a parent or guardian who wants a minor's account or information deleted, please notify us at Support@OmniHome.app and we will delete it as required by law.
Section 12. Export Laws.
No part of the Services or our Content may be used, exported, downloaded, or re-exported (i) to any country with which the Federal Government currently has an embargo or that is subject to equivalent comprehensive restrictive measures of the European Union or the United Kingdom, or (ii) to any person currently on the list of Specially Designated Nationals of the U.S. Treasury Department, the U.S. Commerce Department’s Denied Persons List, or the consolidated sanctions lists of the European Union or the United Kingdom. You represent and warrant to us that you are not located in, under the control of, or a national or resident of any such country or on any of the foregoing lists.
Section 13. International Usage.
The Services are offered in the countries within the Territory, and we intend to comply with the laws of those countries that apply to our provision of the Services there. If you access the Services from a country outside the Territory, we make no representation or warranty that the Services are appropriate, legal, or available for use in that country, you do so on your own initiative and at your own risk, and you are responsible for complying with local laws to the extent they apply to your access. We may limit access to our Services, in whole or in part, to any person, geographic area or jurisdiction we choose, where permitted by applicable law.
Section 14. Miscellaneous.
(a) We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Services or delivering them to you through an electronic communication in accordance with Section 3 hereof. You may update your communication preferences by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
(b) Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
(c) To the fullest extent permitted by applicable law, you agree that any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This limitation applies only to the extent permitted by applicable law; where the law of your country or state of residence guarantees a longer period that cannot be shortened by contract, that longer period applies.
(d) These Terms, including all terms, conditions, and policies that are incorporated into these Terms by reference, including the Privacy Policy, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements that you may have with us.
(e) If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
(f) The section titles in these Terms are for convenience only and have no legal or contractual effect.
(g) Any notices intended to have legal effect: (a) to you may be made via email, SMS, regular mail or through the Services and (b) to Airfind must be made by delivery receipt-requested mail at Airfind headquarters at 3401 N. Miami Avenue, Suite 230, Miami, FL 33127, Attn: Legal Department.
(h) The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. In the event that any provision of these Terms is found to be contrary to law, then such provision shall be construed as nearly as possible to reflect the intention of the parties, with the other provisions remaining in full force and effect.
(i) The failure of Airfind to comply with these Terms because of any reason beyond the reasonable control of Airfind shall not be deemed a breach of this Agreement.
(j) These Terms may be made available in languages other than English. Where we provide a translation and the law of your country requires the translation to govern, the translation governs for you; otherwise, the English version controls to the extent permitted by applicable law.
Section 15. Modification of Terms.
We may modify these Terms from time to time by posting revised Terms on the Services and updating the “As of” date at the top of these Terms. If a change is material, we will provide notice before it takes effect by posting a notice on the Services or by delivering notice to you in accordance with Section 3. Changes apply prospectively only. Your continued use of the Services after revised Terms take effect constitutes your binding acceptance of the revised Terms. If you do not agree to a change, your sole remedy is to stop using the Services and delete the Application before the change takes effect. Where applicable law requires us to obtain your express acceptance of a material change, we will request that acceptance rather than rely on your continued use, and where applicable law gives you the right to terminate these Terms on notice of a change, you may close your account as described in these Terms.
Section 16. California Information or Complaints.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please email us at Support@OmniHome.app, call (310) 499-4211, or write to Airfind Corp., 3401 N. Miami Avenue, Suite 230, Miami, FL 33127, Attn: Legal Department. If you are a California resident and wish to exercise your privacy rights, including your right to opt out of the “sale” or “sharing” of your personal information, please follow the instructions in the “Your Privacy Rights” and “California Privacy Notice” sections of our Privacy Policy. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Section 17. Contact Us.
If you have any questions or comments about these Terms, our Services, or your rights hereunder, please do not hesitate to contact us at:
Airfind Corp. (d/b/a Omni Home Apps)
3401 N. Miami Avenue, Suite 230
Miami, FL 33127
Phone: (310) 499-4211
Support@OmniHome.app
If you are a visually-impaired customer, a customer who has another disability or a customer who seeks support in another language, you may access these Terms by contacting us at Support@OmniHome.app or (310) 499-4211.
Section 18. Regional Terms Supplements.
The following supplements apply to you based on your country of residence. They modify these Terms for your region and control over any conflicting provision of these Terms. Where no supplement applies to your country, these Terms apply as written, subject to any mandatory protections of your local law.
Supplement 1: United States. If you reside in the United States, these Terms apply as written, including Section 9 in full, and no other supplement applies to you.
Supplement 2: Canada. If you reside in Canada, nothing in these Terms limits any right you have under the consumer protection legislation of your province or territory, or under other applicable Canadian law, that cannot be waived by contract. If you reside in Quebec: Section 9 does not require you to arbitrate, and you may bring any claim before the courts of Quebec; these Terms do not waive any of your rights under the Quebec Consumer Protection Act; and a French version of these Terms will be made available to you as required by the Charter of the French Language, and you may request it at Support@OmniHome.app. Commercial electronic messages are sent in accordance with Canada’s Anti-Spam Legislation.
Supplement 3: European Economic Area and United Kingdom. If you reside in the European Economic Area or the United Kingdom, the following applies. (a) Mandatory rights. You benefit from the mandatory consumer protection laws of the country where you live, nothing in these Terms limits those rights, and in the event of a conflict those laws prevail over these Terms. (b) Disputes. The arbitration requirement, class action waiver, and jury waiver in Section 9 do not apply to you. You may bring any dispute before the courts of the country where you live, and we may bring proceedings against you as a consumer only in the courts of that country. The choice of Florida law in Section 9(c) does not deprive you of the protection of provisions of the law of your country of residence that cannot be derogated from by agreement. (c) Conformity rights. Where we supply digital content or digital services to you in exchange for money or personal data, you have statutory conformity rights under the laws implementing Directive (EU) 2019/770 or, in the United Kingdom, under the Consumer Rights Act 2015, and nothing in Section 8, including the ninety (90) day limitation, limits those rights. (d) Changes and termination. We will give you reasonable advance notice of material changes to these Terms, and you may close your account free of charge before they take effect. (e) Complaints. If you have a complaint, please contact us first at Support@OmniHome.app. Information about alternative dispute resolution is available from your local consumer protection authority, and we will tell you whether we participate in a particular scheme where we are required to do so.
Supplement 4: Brazil. If you reside in Brazil, the following applies. (a) The Brazilian Consumer Defense Code applies to you, and nothing in these Terms limits your rights under it that cannot be waived by contract. (b) Section 9 does not require you to arbitrate, and you may bring any claim before the courts of your domicile in Brazil. (c) The limitations in Section 8 apply to you only to the extent permitted by the Consumer Defense Code. (d) A Portuguese version of these Terms will be made available; where required by Brazilian law, the Portuguese version governs for users in Brazil.
Supplement 5: Mexico. If you reside in Mexico, nothing in these Terms limits your rights under the Federal Consumer Protection Law that cannot be waived by contract. You may file complaints with the Federal Consumer Protection Agency (PROFECO), and Section 9 does not prevent you from doing so or from bringing claims before competent Mexican courts. A Spanish version of these Terms will be made available; where required by Mexican law, the Spanish version governs for users in Mexico.
Supplement 6: Argentina, Chile, Colombia, and Peru. If you reside in Argentina, Chile, Colombia, or Peru, the following applies. (a) Nothing in these Terms limits your rights under the consumer protection law of your country that cannot be waived by contract, including Argentina’s Law 24,240, Chile’s Law 19,496, Colombia’s Law 1480 of 2011, and Peru’s Consumer Protection and Defense Code. (b) Section 9 does not require you to arbitrate. You may bring claims before the courts or consumer protection authorities of your country, including Chile’s SERNAC, Colombia’s Superintendence of Industry and Commerce, and Peru’s INDECOPI, and you may agree to arbitration only after a dispute has arisen where your law so provides. (c) Where required by the law of your country, a Spanish version of these Terms will be made available and governs for consumers in your country.
Supplement 7: India. If you reside in India, the following applies. (a) Nothing in these Terms limits your rights under the Consumer Protection Act, 2019, and Section 9 does not prevent you from bringing claims before Indian consumer commissions or other competent forums. (b) You may send grievances to Support@OmniHome.app or to the address in Section 17, and we will acknowledge and resolve them within the periods required by applicable law. (c) We do not request Aadhaar numbers, and you should not provide them to us.