TERMS OF SERVICE
- Information about us
1.1 iRobot Corporation (“iRobot”, “we”, “us” or “our”) is a company duly incorporated and established under the laws of the State of Delaware in the United States of America (U.S. tax ID no. 77-0259335). The Services described herein are provided by, and you are contracting with, iRobot Corporation.
- Welcome to iRobot
2.1 iRobot provides: (1) an iRobot user account that may be accessed through the local iRobot site at global.iRobot.com (the “Site”), (2) services accessible through the Site (the “Web App”) and (3) software that may be downloaded to your smartphone or tablet to access services (the “Mobile Apps”), all for use in conjunction with iRobot hardware products (the “Products”) and in other ways that iRobot provides. Some iRobot products and Services can be used together or in ways that integrate with products and services from third parties. The term “Services” means the Site, Web App and Mobile Apps and are provided free of charge.
- Your relationship with us
3.1 This document and any documents referred to within it (collectively, the “Terms of Service”) govern your access to and use of the Services. It is important that you read and understand the Terms of Service before using the Services. If there is anything within them that you do not understand, then please contact us at webtos@irobot.com.
3.2 By setting up an Account with us (as defined in Section 5) or using and accessing the Services you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not browse or otherwise access or use the Services.
3.3 You must be 18 years or older and capable in your country of residence of entering into legal binding agreements to use our Services. The Services are not available to any users previously prohibited from using the Services by iRobot.
- Privacy
4.1 By using our Services, you agree and understand that iRobot may store, process and use the personal data collected from you. This data will be treated in conformance with iRobot’s Privacy Policy which is available here. If you wish to have access to data we hold concerning you, or if you want to make any changes, or if you do not want to receive information from iRobot, please follow the update procedure set forth in our Privacy Policy.
- Setting up an account
5.1 To use the Services, you must register for a user account (your “Account”) and provide certain information about yourself as prompted by the applicable registration form. You agree that all the information you submit is true and accurate and that you will keep the information up to date.
5.2 You agree to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.
5.3 You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you agree to contact us using the contact details which we have made available for your country on the Site (global.irobot.com) straight away to let us know.
- Your right to use the Services
6.1 The materials and content comprising the Services belong to us and we give you permission to use these materials and content for the sole purpose of using the Services in accordance with these Terms of Service.
6.2 We only supply the Services for domestic and private use. Your right to use the Services is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Services does not stop us from giving other people the right to use the Services.
6.3 Other than as allowed in these Terms of Service you are not given a right to use the “iRobot” name or any of the “iRobot” trademarks, logos, domain names and other distinctive brand features or intellectual property.
6.4 As part of our Services, we allow you to:
- access the Site and/or Web App in connection with and for the sole purpose of controlling and monitoring the Products installed on your property, checking the status of your orders or order history or otherwise accessing a service provided by us for your use in accordance with these Terms of Service (the “Permitted Purpose”); and
- install and use the Mobile Apps for use on your mobile device for the Permitted Purpose
and we grant you a non-exclusive, personal, non-transferable licence for the Permitted Purpose.
6.5 The following also applies where you acquire our Mobile Apps from the Apple App Store or use the Services in connection with a device provided by Apple (collectively, such uses are the “Application”):
- you acknowledge and agree that these Terms of Service are solely between you and iRobot, not Apple, and that Apple has no responsibility for the Application or content thereof whatsoever;
- your use of the Application must comply with the Apple App Store’s Terms of Service;
- you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- in the event of any failure of the Application to conform to any applicable warranty, you may notify Apple and Apple will (if applicable) refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other obligation whatsoever with respect to the Application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service and any law applicable to iRobot as provider of the software;
- you acknowledge that Apple is not responsible for addressing any claims you or any third party have relating to the Application or your possession and/or use of the Application and all such claims are governed solely by these Terms of Service and any law applicable to iRobot;
- you and iRobot acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service and have the right to rely on these Terms of Service as it relates to your licence of the Application; and
- you acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use.
6.6 You agree that you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country and you are not listed on any US Government list of prohibited or restricted parties.
6.7 Although the Site is accessible worldwide, the Products and Services provided or accessed through or on the Site are not available to all persons or in all countries. Products and Services are available only in the countries listed on the Site (global.irobot.com). If you choose to access the Site from a country in which iRobot does not support the Product and Services (“non-Target Country”), 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 not designed for use in a non-Target Country and some or all of the features of the Site may not work or be appropriate for use in such a country. To the extent permissible by law, iRobot accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Site or iRobot Products in a non-Target Country. You will be bound by these Terms wherever you access or use the Site or use the Services.
- Services Software Updates
7.1 From time to time, we may develop patches, bug fixes, updates and other modifications to improve the performance of the Services (“Updates”). You consent to us installing these updates automatically without us providing you with additional notice. For clarity, the Product Software is not subject to these Terms of Service, but is subject to the terms of the End User Licence Agreement that is available here.
7.2 You acknowledge that you might be required to install Updates to use Services in connection with the Products and you agree to promptly install any Updates we provide.
7.3 If you do not want Updates, you must terminate your Account and stop using the Services. If you do not terminate an Account, you will continue to receive automatic Updates.
7.4 Continuing to use the Services after an Update constitutes your continued agreement to these Terms of Service.
- Third Party Relationships
8.1 Third Party Products and Services
- iRobot may provide the opportunity for you to interface the Products and Services to one or more third party products and services (“Third Party Products and Services”). You decide whether and with which Third Party Products and Services you want to interface and we require your explicit consent and authorisation for it, which you can revoke at any time.
- You acknowledge and agree that Third Party Products and Services that you connect to your Account or Services or interface with are not iRobot products and services and you acknowledge that iRobot does not control any Third Party Products and Services.
- You agree and acknowledge that iRobot makes no representation or warranty about the safety of any Third Party Products or Services and acknowledge and agree that iRobot is not responsible for your use of any Third Party Products or Services.
- Use of any Third Party Products and Services is governed by separate terms and conditions by the operators of the applicable Third Party Products and Services.
- For any questions about the Third Party Products and Services, you should contact the operator of that product or service.
8.2 Open Source Components
- Certain third party software code may be included in the Web App or Mobile Apps that are subject to “open source” or “free software” licences (“Open Source Software”). Some of the Open Source Software is owned by third parties.
- Nothing in these Terms of Service limits your rights under the terms of any relevant licence for such Open Source Software or grants you rights that supersede the terms of any relevant licence for such Open Source Software. Additional information about Open Source Software is available here.
8.3 Limitations of iRobot Services relating to third parties
- General
- Third Party Service Providers
- Equipment, ISP, Carrier
- App Stores
- Third Party Website Links and Referrals
- Release
The Services rely on or work with Third Party Products and Services. These Third Party Products and Services are beyond iRobot’s control, but their operation may impact or be impacted by the use and reliability of the Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers; and (ii) these Third Party Products and Services may not operate in a reliable manner 100% of the time and they may impact the way that the Services operate.
You acknowledge that iRobot uses third party service providers to enable some aspects of the Services – such as, for example, data storage, synchronisation, authentication and communication, and mobile device notifications through mobile operating system vendors and mobile carriers.
You acknowledge that the availability of the Services is dependent on (i) your computer, mobile device, home wiring, home Wi-Fi network and other related equipment (“Equipment”), (ii) your Internet service provider (“ISP”) and (iii) your mobile device carrier (“Carrier”). You agree 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 use/service and other policies of your ISP and Carrier.
You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites and applications from which you download the Mobile Apps, e.g., the App Store from Apple or the Google Play Store (each an “App Store”). You acknowledge that these Terms of Service are between you and iRobot 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 licence to use the Mobile Apps is conditional 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 of Service, the more restrictive or conflicting terms and conditions in these Terms of Service apply.
The Site and Mobile Apps may contain links to other websites operated by third parties (“Third Party Sites”) and referrals to third party vendors (“Referred Vendors”). Such Third Party Sites and Referred Vendors are not under our control. iRobot provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to such Third Party Sites or Referred Vendors. Your use of these Third Party Sites is at your own risk.
iRobot is not responsible for third parties or their products and services, including, without limitation, the App Stores, Third Party Products and Services, Third Party Sites, Referred Vendors, Equipment, ISPs and Carriers. iRobot disclaims and you discharge, waive and release iRobot and its licensors and suppliers from any past, present and future claims, liabilities and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services, even if you are unaware of a claim that might exist at the time of agreeing to this release.
- Rules of Acceptable Use
9.1 In addition to the other requirements within these Terms of Service, this Section describes specific rules that apply to your use of the Services (the “Rules of Acceptable Use”).
9.2 When using the Services, you must not:
- license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services;
- modify, interfere, intercept, damage, disrupt or hack the Service;
- access the Services to build a similar or competitive service;
- circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of the content accessible via the Service;
- except as stated in these Terms of Service, copy, reproduce, distribute, republish, download, display, post or transmit any part of the Services in any form or by any means;
- give any false or misleading information in your account details;
- engage in any illegal or unlawful conduct;
- use the Service if we have suspended or banned you from using it;
- misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment;
- collect any data from the Service other than in accordance with these Terms of Service;
- interfere with, disrupt or attempt to gain unauthorised access to the servers or networks connected to the Services or violate the regulations, policies or procedures of such networks;
- access or attempt to access any of the Services by means other than through the interface that is provided by iRobot; or
- remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices).
9.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service and may result in us taking all or any of the following actions (with or without notice):
- immediate, temporary or permanent withdrawal of your right to use our Services;
- issuing a warning to you;
- legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
9.4 We may investigate any suspected breach of the Rules of Acceptable Use. During such investigation we may temporarily withdraw your right to use our Services without notice to you.
9.5 The actions described in Section 9.3 are not limited and we may take any other action we reasonably deem appropriate.