Welcome to Neposmart.com (“Site”), the website of Nepoware Corporation and its subsidiaries and affiliates (“Nepoware”) provide you information regarding the Terms of Service Agreement. These Terms of Service agreement (“Terms”) which apply to our customers (“You”, “User”) the use of our Product, Site, Web Apps and Mobile Apps Collectively referred to as, (“Services”). Upon notice published through the service, Nepoware may amend or modify the Terms at any time.
BY ACCESSING AND USING THE SERVICES SIGNIFY YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AGREEMENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT AGE IN YOUR JURISDICTION OR RESIDENCE TO USE AND ACCESS THE SERVICES AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD STOP USING THE SERVICES.
You may use the Services only if you can form a binding contract with Nepoware, and only if you can comply with these Terms and all applicable local, state/provincial, national, and international laws, rules, and regulations. Any use or access to the Services by anyone under the age of 13 is strictly prohibited and is a violation of these Terms.
Neposmart.com (“Site”) is owned and operated by Nepoware and contains material which is derived in whole or in part from Nepoware and other sources and is protected by international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software. You may download material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
Ownership and Intellectual Property.
You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the hardware Product and Product Software and Services are owned by Nepoware or its affiliates or our licensors. Your possession, access, and use of the Product, Product Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Nepoware and its affiliates and licensors and suppliers reserve all rights not granted in these Terms.
You may only copy parts of the Services on to your own computer for your own personal use. You may not use the content of the Services in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own website without the written consent of Nepoware. Nepoware retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it. You must not copy, modify, or in any way reproduce or damage the structure or presentation of the Services or any content therein.
Access to Services.
Subject to these Terms, Nepoware grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the services in connection with, and solely for the purpose of controlling and monitoring the Nepoware Products installed on your property or otherwise accessing a service explicitly provided by Nepoware for your use (the “Permitted Purpose”).
By posting comments, uploading files, inputting data, or engaging in any other form of communication through the Services, you are granting Nepoware a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: use, copy, sublicense, adapt, transmit, publicly perform or display any such communication; and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Automatic Software Updates.
Nepoware may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the services and/or the Product Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. If you do not want such Updates, your remedy is to stop using the Services and the Product. You acknowledge that you may be required to install Updates to use the Services and the Product. Your continued use of the Services and the Product is your agreement to these Terms with respect to the Services, and to the with respect to updated Product Software.
You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the app market from Google (each an “App Store”). You acknowledge that these Terms are between you and Nepoware and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
Interface to Third Party Products and Services.
The web app, mobile app and the Product software may contain Open Source software that is provided to you under the terms of Open Source agreement or copyright notices accompanying the Open Source software such as GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. In particular, nothing in these Terms restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL.
The rights granted to you in these Terms are subject to the following restrictions:
(a) You agree not to copy, license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, (b.) You agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services, (c.) You agree not to access the services in order to build a similar or competitive service, (d.) 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, (e.) You agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Product, the Product Software, or any other system, device or property, (f.) You agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the services or violate the regulations, policies, or procedures of such networks, (g.) You agree not to access (or attempt to access) any of the services by means other than through the interface that is provided by Nepoware, (h.) You agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the services. Any future release, update, or other addition to functionality of the services shall be subject to these Terms.
Software embedded in the product is licensed and governed by the END USER LICENSE AGREEMENT.
Product Purchase is governed by the LIMITED WARRANTY and the TERMS AND CONDITIONS OF SALE.
Nepoware cares about the integrity and security of your personal information. However, Nepoware cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Modification. Nepoware reserves the right, at any time, to modify, suspend, or discontinue the Services and or any part thereof with or without notice. You agree that Nepoware will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
Access outside United States.
Although the Site is accessible worldwide, the Products and Services provided or accessed through or on the Site are only available in United States. If you choose to access the Site from outside United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Site is designed for use in United States only and some or all of the features of the Site may not work or be appropriate for use in such a country. Nepoware accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Site or Nepoware Products outside United States. You will be bound by these Terms wherever you access or use the Site or the Services.
Agreed Usage and Limitations of Nepoware Services.
The Services are intended to be accessed and used for non-time-critical information and control of Nepoware products. While we aim for the services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to interruptions and failures for a variety of reasons beyond Nepoware’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Nepoware is not responsible for any damages allegedly caused by the failure or delay of the services to reflect current status or notifications.
You may access and use the Services only with a working Wi-Fi in your home that can communicate reliably with Nepoware product; Mobile clients with supported smartphone or tablet; a functioning broadband internet connection at home; and other compatible system element specified by Nepoware.
Third Party equipment or service.
Nepoware Product and Services rely on and interoperate with Third party equipment or service. The reliability of the Third party equipment and service is beyond Nepoware control. Its operation may impact the way Nepoware Services operates. Nepoware is not responsible for any loss or damage resulting from the installation or use of the Third party equipment and service with Nepoware product and Services. Nepoware uses third party service providers to enable some aspect of the Services, such as, for example, data storage, network discovery, cloud based services and communication, mobile service providers or carriers (e.g., AT&T, Verizon, T-Mobile…). YOU AGREE NOT TO RELY ON THE SERVICES FOR LIFE SAFETY AND TIME-CRITICAL PURPOSES.
No Life-Safety or Critical Uses of the services.
You acknowledge and agree that the Product and Services, whether standing alone or when interfaced with third-party products or services are not certified for emergency response. Nepoware makes no warranty or representation that use of the Products or Services with any third-party product or service will affect or increase any level of safety.
YOU UNDERSTAND THAT THE PRODUCTS AND SERVICES, WHETHER STANDING ALONE OR INTERFACED WITH THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM –NEPOWARE WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY.
All life threatening and emergency events should be directed to the appropriate response services.
Reliability of Notifications.
You acknowledge that the services, including remote access and mobile notifications, are not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive notifications in any given time or at all.
YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALERTS ON YOUR NEPOWARE PRODUCT AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM.
Nepoware has provided links and pointers to Internet sites maintained by third parties. Neither Nepoware, nor its affiliates operate or control in any respect any information, products or services on these third-party sites.
THE MATERIALS IN THIS SITE AND THE THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
NEPOWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEPOWARE DOES NOT WARRANT THAT THE FUNCTIONS OF ITS PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HAMFUL COMPONENTS. NEPOWARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT NEPOWARE) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,IN ADDITION TO THE ABOVE DISCLAIMERS, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL NEPOWARE, ITS SUBSIDIARY OR AFFILIATES, SUPPLIERS, LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE NEPOWARE PRODUCT, MATERIALS OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY MATERIAL, OR WITH, ANY OF NEPOWARE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NEPOWARE PRODUCT AND SERVICES.
This agreement is effective until terminated by Nepoware at any time without notice. In the event of termination, you are no longer authorized to access the Nepoware Product, Services and Product Software, the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
You agree to indemnify, defend and hold Nepoware, its subsidiaries, affiliates, respective officers, suppliers, , agents, from any damages, liabilities, losses, claims, proceedings, fine, penalties, demands, expenses (including cost and attorney fees) made by Third Party due to or arising out of you or those on your behalf (i) your access to or use of the Product or Services; (ii) your breach or alleged breach of these Terms of Service; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Nepoware in the defense of any claim. Nepoware reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Nepoware.
This agreement shall be governed by and construed in accordance with the laws of Washington State.
If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Entire Agreement; Amendments.
This Terms of service Agreement constitutes the entire agreement between Nepoware and you with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. Nepoware may amend or modify this Terms of service Agreement or impose new conditions at any time without prior notice. Such amendments and modifications shall be effective immediately upon notice thereof which may be given by means including, but not limited to, posting on Nepoware website. Any use of the service by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.
Effective Date: January 16, 2015