SimpliSafe Terms of Service
Last updated: DECEMBER 2024
This is an Agreement (the “Agreement”) between you (“you” or the “Subscriber”) and SimpliSafe, Inc. (“we” or “SimpliSafe”). In this Agreement, “System” means the products you have purchased from SimpliSafe; “Services” mean the services you have selected to receive from SimpliSafe, including but not limited to any Emergency Dispatch Services Video-Related Services, Outdoor Monitoring Services, Account Management Services (each described below), the Application, defined as the software or subscription services that may be downloaded to your smartphone, tablet or other connected device (or any related or connected third-party mobile devices or product peripherals that control or connect to any of the foregoing) to access Services (whether paid or free) remotely and the customer support Services provided by SimpliSafe in support of any of the foregoing; “Premises” means the premises at which the System is located. The term “you,” as used in this Agreement, means any person or entity who accesses or uses the Services and any person or entity who creates an account and accepts this Agreement and accesses or uses the Services, including any person granted access to the Services by you.
Please read these terms and conditions carefully. These are the terms and conditions under which we are willing to provide you the Services through a monthly, auto renewing subscription (see below for billing details, term, how to cancel/termination, etc). This Agreement contains important disclaimers, limitations of liability and indemnity obligations applicable to the Services and requires the use of binding arbitration to resolve disputes rather than jury trials or class actions (as described in Section 39 below).
By clicking the “Submit” button below or using any of the Services, you agree that you have read this Agreement and are legally bound by this Agreement, including the disclaimers, limitations of liability and indemnity obligations below. The SimpliSafe Privacy Policy at http://www.simplisafe.com/privacy-policy is incorporated by reference into this Agreement. You may print this Agreement by clicking the print button on your Internet browser.
LIFE SAFETY NOTICE: IF YOU PURCHASED A SYSTEM THAT INCLUDES SMOKE DETECTORS OR CARBON MONOXIDE DETECTORS, OR IF YOU ADD SMOKE DETECTORS OR CARBON MONOXIDE DETECTORS AT A LATER TIME, THERE MAY BE SPECIFIC REQUIREMENTS OR STANDARDS FOR THE INSTALLATION, MAINTENANCE AND LOCATION OF SUCH DETECTORS. CONTACT YOUR LOCAL AUTHORITY HAVING JURISDICTION OR CONSULT A QUALIFIED PROFESSIONAL TO ASSIST IN THE INSTALLATION, MAINTENANCE AND LOCATION OF SUCH DETECTORS. YOU HAVE SOLE RESPONSIBILITY FOR COMPLYING WITH ANY AND ALL CODES, LAWS AND STANDARDS THAT MAY APPLY TO THE INSTALLATION, PLACEMENT AND MAINTENANCE OF THE SYSTEM. SEE PRODUCT MANUALS FOR ADDITIONAL DETAILS.
MANDATORY PRACTICE PERIOD DURING FIRST SET UP: IN ORDER FOR YOU TO BECOME FAMILIAR WITH THE USE AND OPERATION OF THE SYSTEM, YOU SHALL HAVE A THREE (3) DAY PERIOD FOLLOWING ACTIVATION OF YOUR SYSTEM (THE "PRACTICE MODE PERIOD") TO PRACTICE USING THE SYSTEM. YOU AGREE THAT DURING THE PRACTICE MODE PERIOD WE HAVE NO OBLIGATION TO, AND WILL NOT, NOTIFY ANY AUTHORITIES, YOU, OR ANY EMERGENCY CONTACTS OR TAKE ANY OTHER ACTION WITH REGARD TO ANY ALARM SIGNAL WE RECEIVE, EVEN IF DUE TO AN ACTUAL EMERGENCY EVENT. IF YOU CONTACT US TO ATTEMPT TO SKIP THE PRACTICE MODE PERIOD, YOU ACKNOWLEDGE THAT IT TAKES TIME FOR THE SYSTEM TO BE PLACED ON-LINE WITH THE MONITORING FACILITY, AND NO RESPONSE TO ALARM SIGNALS, INCLUDING ANY ACTUAL EMERGENCY, MAY BE MADE UNTIL YOUR ACCOUNT DISPLAYS AS "ACTIVE" AND NOT "PRACTICE MODE" IN YOUR ONLINE DASHBOARD.
1. Services, Eligibility, and Your Account.
(a) SimpliSafe will provide you the Services subject to the terms of this Agreement.
(b) Only individuals age 18 and older are permitted to subscribe for the Services and register for an Account.
(c) To use the Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the registration form. All information related to your Account is subject to the terms of this Agreement and the SimpliSafe Privacy Policy at http://www.simplisafe.com/privacy-policy. You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account, and to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify SimpliSafe of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. SimpliSafe is not liable for any loss or damage arising from your failure to comply with the above requirements.
SimpliSafe reserves the right to screen passwords for offensive or inappropriate words which can be prohibited at SimpliSafe’s sole discretion. You agree not to use any passwords which are prohibited by SimpliSafe. You will be required to change your password if SimpliSafe determines that your password does include in whole or in part any word or phrase that is prohibited. Failure to update your password to non-prohibited wording can be grounds for termination as explained hereinafter.
(d) We may offer the option to log into your Account through the Application using Touch ID™. You can activate or deactivate this feature by toggling on or off the “Touch ID Authentication” controls on the Settings screen and following the instructions. SimpliSafe does not have access to your fingerprint information. You acknowledge that by enabling Touch ID™, you will allow anyone who has a fingerprint stored on your device to access your Account through the Application on your device. We caution you against storing the fingerprints of others on your device, but if you do, please make sure the individuals who have fingerprints stored on your device are authorized to access the personal and Services information available through the Application. Touch ID™ can only be associated with one SimpliSafe Account at a time on a device. For information on how Apple uses and stores your fingerprint data, please see Apple’s Privacy Policy and iOS Security Guide.
(e) If you contact SimpliSafe’s customer service, you hereby consent to the means by which such contact was initiated. You similarly consent to SimpliSafe contacting you through any of the means that SimpliSafe makes available utilizing the contact information identified in your Account. This may include one-way or two-way video-enabled customer service communication methods, whether made available via your mobile device, through the Application or any other mobile or web interface now existing or later developed. Except as otherwise expressly agreed by you under a separate services agreement, SimpliSafe will not charge you any additional fees to deliver, or for you to receive, such customer support Services; however, your wireless service provider may charge a fee for air-time or data usage associated therewith. Check with your wireless carrier if you have questions about your wireless plan.
(f) You also agree that federal, state or local ordinances or rules around handling of different types of alarms and requests for first responder dispatch may apply to your security system and monitoring service. You understand that our ability to provide any professional monitoring services will be subject to local rules and practices if your activate service in an area subject to any of these regulations and practices. For example, certain municipalities may require multiple alarms to be received or real time audio or visual confirmation of an alarm before they will dispatch first responders while other municipalities may require that alarms from certain life safety alarms such as CO alarms require calls to emergency response regardless if the occupants believe it to be a false alarm.
(g) Following your system purchase, account creation and/or activation (in whole or in part) SimpliSafe may contact you by phone, email, SMS/text, or mail to assist you if you appear to need help setting up your System or signing up for any services that you may have included in your online purchase. You understand and acknowledge that monitoring services, including cellular back up features, requires an active subscription. Failure to maintain your subscription will result in your paid subscription being terminated which also includes all monitoring related services, in particular the ability for our Monitoring Staff to monitoring and support your System. Such termination of subscription services may be effective immediately upon termination of your subscription. Your System may still function as a local alarm with some limited online (App and/or web portal) system controls and connectivity.
2. Term and Termination. The term of this Agreement will continue until this Agreement is terminated pursuant to this section. SimpliSafe or Subscriber may terminate this Agreement for any reason or no reason following notice sent to the other as set forth in this section and the confirmation of legitimacy of the Subscriber request by SimpliSafe. Subscriber shall provide notice of termination to SimpliSafe by (1) regular mail, postage prepaid, or overnight delivery, by a reputable, national overnight delivery service, to SimpliSafe's then current principal place of business, (2) calling SimpliSafe Customer Support at 1-800-548-9508 and following the instructions provided, or (3) by any other applicable Service cancellation method deployed by SimpliSafe (including any App “Initiate Cancellation” processes which may create a cancellation request resulting in a call back by SimpliSafe to a user provided phone number to confirm cancellation). Such notice by Subscriber shall be effective upon SimpliSafe's receipt and confirmation thereof. In the case of a written request for cancellation, SimpliSafe reserves the right to contact the subscriber to perform the company’s standard account holder security questions to confirm the legitimacy and accuracy of the request.
You understand that termination of these Services can potentially impact the ability of life saving services to be rendered and may require confirmation by Customer Service to confirm the legitimacy of any such request (e.g. the identity of the account holder, that the request for termination is authentic and not made under duress by any third parties, requested date for cancellation if it is in the future, etc). You understand that Customer Service engagement is the best way to ensure the cancellation of potentially life saving services is handled properly.
SimpliSafe shall provide notice of termination to Subscriber by e-mail sent to the email address on file with SimpliSafe for your current online account. SimpliSafe's termination shall be effective when SimpliSafe sends the e-mail notice. If you do not provide SimpliSafe an e-mail address, then SimpliSafe may send you written notice of the termination by regular mail, postage pre-paid and any such notice shall be effective upon four (4) days following the day on which SimpliSafe sent the notice. Upon termination of the Agreement, SimpliSafe shall have no further obligation to Subscriber and Subscriber shall have no further obligation to SimpliSafe other than (i) the obligation respecting the payment of any monies due to SimpliSafe for services rendered; and (ii) the obligations set forth in Sections 3-8, inclusive, 13-19, inclusive, and 24-41, inclusive.
Once a subscriber’s Service is activated (after any applicable promotion “free” period and any applicable practice period), SimpliSafe will bill the subscriber’s payment method of choice the monthly fee for said Service for the coming month. Service billing recurs thereafter on a monthly basis on that same day of the month as the original bill date, unless and until the Service is terminated; for any month where that recurring date does not occur, the subscriber will be billed on the last day of the month (e.g., if your recurring subscription date is on the 31st of the month and a month has only 30 days, your payment for the next month will be billed on the 30th of the preceding month). Subscriptions terminated before the billing date will not create a charge for the coming month. Notwithstanding the foregoing, SimpliSafe shall refund any unearned service charges with respect to any full calendar month following any termination. SimpliSafe shall not refund any unearned service charges with respect to any partial calendar month following any termination. There are no termination fees.
3. Payment for Services. Subscriber shall pay SimpliSafe the periodic monthly service charge in advance. You authorize SimpliSafe to charge your credit/debit card for the periodic (e.g., monthly, quarterly or annually) service charge when due. If charges are declined, SimpliSafe shall resubmit the charges for approval and notify you of the declined charges by e-mail while continuing to provide Emergency Dispatch Services for ten (10) days. If the charges are not approved and you do not make payment, SimpliSafe may, in its sole discretion, discontinue services without notice at or after the end of the ten (10) day period. If Subscriber otherwise does not pay any charges when due, SimpliSafe may, in its sole discretion, terminate this Agreement and/or discontinue services without notice. For any past due bills that have not been paid, SimpliSafe reserves the right to charge your credit / debit card on file at SimpliSafe's sole discretion at any time permitted by law. If you sign up for a monthly auto-renewing subscription from SimpliSafe and your monthly billing date cycle falls on a weekend or holiday, we may charge you the next business day. In the event your payment is returned for insufficient or uncollected funds, you authorize SimpliSafe to resubmit except as otherwise provided by the ACH Rules or applicable law. Payment processing fees associated with your form of payment, such as currency conversion fees, insufficient fund fees, reversal fees, or overdraft fees are your responsibility and will not be reimbursed by SimpliSafe.
Failure to pay your monthly fee: You agree to continue paying any relevant monthly service fee per your auto renewing subscription until you or SimpliSafe terminate your subscription. In the event your account has under or over payment, SimpliSafe reserves the right to issue a corrective charge or refund to your payment method on file. In particular, as allowed under any applicable law or regulation, YOU HEREBY GRANT SIMPLISAFE PERMISSION TO CHARGE YOUR PAYMENT METHOD ON FILE FOR ANY AMOUNTS DUE AT SIMPLISAFE’S DISCRETION AND TIME OF CHOOSING if SimpliSafe finds that you failed to pay for any one or more months of service (in whole or in part) upon a review of your account information. SimpliSafe may notify you of any necessary corrective charges, such as by email, phone call, text/SMS or in app messaging. Such notice is optional at SimpliSafe’s sole discretion.
When you enroll in a monthly subscription, SimpliSafe may receive automatic updates from your issuing bank in order to keep your form of payment information current. Go to Plan & Billing under your account settings or contact us at 1800-297-1605 If you wish to manually update or remove a form of payment.
SimpliSafe may also offer you to pre-pay for one or more months. In a situation where you decide to pre-pay for future months service, you do so voluntarily and may still cancel your subscription subject to the terms herein. Any unused pre-paid months of service will be refunded to your payment method on file, or directly to you, at SimpliSafe discretion. If you received a promotion as part of any pre-paid service, such promotion is contingent on you maintaining your existing subscription through the pre-paid period. You may, however, be allowed to retain any promotional gift or value without maintaining your subscription through the pre-paid period, at SimpliSafe’s sole discretion.
Upon completion of any applicable pre-paid time period, unless mutually agreed upon otherwise, your subscription will revert to an auto-renewing monthly subscription. SimpliSafe also reserves the right to refund you any pre-payments for future months of service and convert your account to a monthly billing and renewal cycle at it’s sole discretion. Contact Customer Service if you have any questions or concerns or want to check if any pre-paid options are available for your specific account.
4. INSURANCE. SIMPLISAFE'S SERVICE CHARGES ARE BASED SOLELY ON THE VALUE OF SERVICES PROVIDED AND ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF PROPERTY LOCATED ON OR NEAR THE PREMISES. YOU ACKNOWLEDGE AND AGREE THAT SIMPLISAFE IS NOT AN INSURER AND SHALL NOT PROVIDE INSURANCE COVERAGE AGAINST ANY LOSSES, AS DEFINED BELOW. TO THE EXTENT YOU WISH TO HAVE ANY INSURANCE COVERAGE FOR LOSSES, AS DEFINED BELOW, IT IS YOUR RESPONSIBILITY TO PROCURE AND MAINTAIN SEPARATE INSURANCE POLICIES FROM AN INSURANCE COMPANY OR COMPANIES, SOLELY AT YOUR COST AND EXPENSE, COVERING ALL LOSS, DAMAGE OR EXPENSE (COLLECTIVELY, "LOSSES"), INCLUDING ALL PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), ECONOMIC LOSSES OR ANY OTHER FORM OF LOSS, DAMAGE OR EXPENSE, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY (I) THIS AGREEMENT, INCLUDING ANY BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR OBLIGATION ARISING HEREUNDER (II) THE SYSTEM, (III) THE SERVICES (INCLUDING Third-Party Products and Services), (IV) THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE OF YOU OR ANY SIMPLISAFE PARTY (AS DEFINED IN SECTION 5), (V) THE IMPROPER OPERATION OR NON-OPERATION OF THE SYSTEM, (VI) BREACH OF CONTRACT, EXPRESS OR IMPLIED, WHICH OCCURS BEFORE OR AFTER THE SIGNING OF THIS AGREEMENT (VII) BREACH OF WARRANTY, EXPRESS OR IMPLIED, (VIII) PRODUCT OR STRICT LIABILITY (IX) THE LOSS OR DAMAGE TO OR MALFUNCTION OF FACILITIES NECESSARY TO OPERATE THE SYSTEM, TRANSMIT ANY SIGNAL TO OR RECEIVE SIGNALS AT ANY MONITORING FACILITY, (X) A CLAIM FOR SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, (XI) A VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED FAULT ON THE PART OF ANY SIMPLISAFE PARTY, (XII) A VIOLATION OF ANY LAW PROHIBITING THE INTERCEPTION OF ORAL COMMUNICATIONS BY ELECTRONIC MEANS, (XIII) THE ACTIONS OF ANY THIRD PARTY IN RESPONDING TO A SIGNAL FROM THE SYSTEM, OR (XIV) ANY UNAUTHORIZED ACCESS, USE OR DISCLOSURE OF YOUR PERSONAL INFORMATION (COLLECTIVELY, THE "COVERED CLAIMS"). RECOVERY FOR ANY LOSSES, AS DEFINED IN THIS SECTION 4, SHALL BE LIMITED TO THE INSURANCE YOU PURCHASE SEPARATELY FROM AN INSURANCE COMPANY, IF ANY.
5. LIMITATIONS OF LIABILITY AND RELEASE. BY AGREEING TO THESE TERMS, YOU ARE RELEASING SIMPLISAFE, ITS AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE "SIMPLISAFE PARTIES"), TOGETHER WITH ANY PROVIDERS OF Third-Party Products and Services (AS HEREINAFTER DEFINED), ON YOUR BEHALF AND ON BEHALF OF ALL OTHERS WHO MAKE CLAIMS UNDER THIS AGREEMENT FROM ALL LIABILITY ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED IN SECTION 4. UNDER NO CIRCUMSTANCES WILL SIMPLISAFE BE RESPONSIBLE OR LIABLE TO YOU FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, DEATH OR DAMAGES TO PROPERTY. NOTWITHSTANDING THE FOREGOING, EVEN IF ANY SIMPLISAFE PARTY IS FOUND LIABLE FOR ANY LOSSES, AS DEFINED IN SECTION 4, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED IN SECTION 4, ANY SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF $1,000.00. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. SIMPLISAFE DISCLAIMS ALL LIABILITY OF ANY KIND OF SIMPLISAFE’S LICENSORS AND SUPPLIERS. SIMPLISAFE AND YOU ACKNOWLEDGE AND AGREE IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE BY SIMPLISAFE TO PERFORM ANY OF ITS OBLIGATIONS. THIS AGREED-UPON AMOUNT IS NOT A PENALTY, AND IS THE SOLE REMEDY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6. NO WARRANTIES. THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE”, AND SIMPLISAFE AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.
7. Release of Insured Losses; Waiver of Subrogation. You release SimpliSafe for all Losses covered by your insurance policies and for all insurance deductibles. You also waive and release any subrogation and other rights you or your insurance company may have against SimpliSafe for money paid to you or on your behalf.
8. INDEMNIFICATION. IF ANYONE OTHER THAN YOU (INCLUDING YOUR INSURANCE COMPANY) ASKS ANY SIMPLISAFE PARTY TO PAY FOR ANY LOSSES, AS DEFINED IN SECTION 4, INCLUDING ATTORNEYS' FEES, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED IN SECTION 4, INCLUDING THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE OF YOU OR ANY SIMPLISAFE PARTY, YOU SHALL INDEMNIFY, DEFEND AND HOLD SUCH SIMPLISAFE PARTY HARMLESS (WITHOUT ANY CONDITION THAT ANY OF THEM FIRST PAY), FOR ALL LOSSES, AS DEFINED IN SECTION 4, INCLUDING ATTORNEYS' FEES, ASSERTED AGAINST OR INCURRED BY SUCH SIMPLISAFE PARTY. THE FOREGOING INDEMNIFICATION OBLIGATIONS MAY NOT BE ENFORCEABLE IN SOME STATES, SO SUCH OBLIGATIONS MAY NOT APPLY TO YOU.
9. Communications Equipment and Services. The System is designed to transmit signals to a monitoring facility through certain communications equipment and services, including without limitation DSL, broadband, Wi-Fi, cellular, wireless and/or landline telephone equipment and services (collectively, the "Communications Equipment and Services"). Regardless of the form of Communications Equipment and Services used, you understand that the Communications Equipment and Services may be interrupted, circumvented, unavailable (for a limited or extended time period) or otherwise compromised, including e.g., as a result of equipment designed or used by a third party for the purpose of causing false alarms or gaining unauthorized access to or otherwise affecting or controlling the Communications Equipment and Services or any Video-Related Services. If the Communications Equipment and Services are inoperative or interrupted by any cause, there will be no indication of such at the monitoring facility and the monitoring facility will not receive a signal from your system. You must test the System's data transmission with the monitoring facility at least monthly and immediately after the installation, modification or repair of any Communications Equipment or Service. (If DSL, VOIP or other form of broadband telephone equipment and services are used, such equipment and services should be installed on a telephone line and number that is not used by the System to transmit data to the monitoring facility). If you are using the optional telephone backup for the System, you will need some other means of communications to make a phone call if and when the System transmits data by telephone. You must confirm that your Communications Equipment and Services are compatible with the System, including when you make any changes to the Communications Equipment and Services. Your access to, and availability of the Application is dependent on (i) your computer, mobile device, property wiring, property Wi-Fi network, Bluetooth connection, and other related equipment and services, (ii) your Internet service provider, and (iii) your mobile device carrier. You shall immediately repair (or cause to be repaired) any (i) problems with the Communications Equipment and Services; or (ii) problems with the System. Consult the Owner's Manual for your System for further important safety information for your System and the transmission of signals from your System.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE UNDERLYING WIRELESS SERVICE PROVIDER (THE “UNDERLYING CARRIER”) OR ITS AFFILIATES OR CONTRACTORS AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN SIMPLISAFE AND THE UNDERLYING CARRIER. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT THE UNDERLYING CARRIER AND ITS AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU AND YOU HEREBY WAIVE ANY AND ALL CLAIMS OR DEMANDS THEREFOR.
YOU ALSO UNDERSTAND THAT U.S. DOMESTIC CELLULAR COVERAGE MAY GENERALLY BE LIMITED OR UNAVAILABLE IN CERTAIN GEOGRAPHIES, SUCH AS IN GUAM, US VIRGIN ISLANDS, ETC. IF YOU LIVE IN A GEOGRAPHY WITHOUT CELLULAR COVERAGE, YOUR INSTALLATION AND USAGE OF OUR SYSTEM AND SERVICES WILL BE LIMITED TO AND RELY SOLELY ON NON-CELLULAR COMMUNICATION (I.E. YOUR LOCAL WIFI CONNECTIVITY). THIS MEANS THAT EVEN THOUGH YOUR SYSTEM INCLUDES A CELLULAR MODULE FOR BACK-UP COMMUNICATION (ONLY AVAILABLE WITH A QUALIFYING SERVICE PLAN) WITH OUR MONITORING CENTER, IF YOU LIVE IN AN AREA WITHOUT CELLULAR COVERAGE, YOUR SYSTEM WILL NOT HAVE ANY BACK-UP COMMUNICATION).
10. Additional Equipment or Services. You have selected the System based on your personal considerations (i.e., cost, the condition of the Premises, insurance requirements, etc.). Additional equipment or services, at additional cost, may provide increased detection. You agree that any additional equipment or services provided by SimpliSafe shall be subject to this Agreement. For example, you may request that, upon the receipt of signals from your System, the monitoring facility notify you of such activity (via live operator telephone call, text message or other form of electronic communication) in addition to or in lieu of providing the Emergency Dispatch Services described herein. We will honor any such request provided that we have previously agreed in writing to do so. You also agree to pay SimpliSafe for such additional equipment or services. Your municipality may require a license or permit or the payment of taxes in connection with the installation, use or monitoring of the System. You are solely responsible for complying with such obligations and providing SimpliSafe with any then current license or permit number. You understand that SimpliSafe does not provide any installation or repair services for the System. You shall provide and maintain adequate power for all equipment relating to the System.
11. False Alarms; Suspension of Service and Shut-Down. You agree to prevent false alarms and be solely liable for false alarms. You must pay (or reimburse SimpliSafe) any fines, fees, costs, expenses and penalties relating to the System or Services assessed against you, SimpliSafe or the monitoring facility by any person or entity, including any court or governmental agency or any person or entity acting on the behalf of such court or agency. If (i) you default under this Agreement, (ii) this Agreement or the Services are terminated by either party for any reason, (iii) the System becomes a "runaway" system or excessively signals the monitoring facility without apparent reason, or (iv) in the opinion of monitoring facility personnel, the System otherwise becomes a “problem account,” we may suspend the Services and you authorize SimpliSafe to disconnect the System from the monitoring facility. The exercise of any such rights shall not be deemed a waiver of SimpliSafe’s right to damages.
12. Increase in Charges. SimpliSafe may increase periodic recurring charges at any time under this Agreement by sending the notice to you by email to the email address on file with SimpliSafe for your current online account. To the extent permitted by law, any change in charges can be made effective immediately, after notice of such a pricing change is provided by SimpliSafe, at SimpliSafe’s sole discretion.
13. Default. If you default under this Agreement you shall pay SimpliSafe for all Losses in enforcing its rights under this Agreement.
14. Binding Agreement. This Agreement shall become binding on SimpliSafe only after the commencement of any Services. This Agreement is binding on the parties' heirs, executors, administrators, successors and permitted assigns.
15. Applicable Law. This Agreement shall be governed by and construed according to the laws of Massachusetts without reference to its conflicts of law rules. The interpretation of this Agreement shall not be construed against the drafter.
16. Assignment. You may not assign this Agreement. SimpliSafe may assign all or any portion of this Agreement.
17. Finance and Late Charges. Invoices are due upon receipt. You agree to pay a finance charge of the lesser of (i) one and one-half (1-1/2%) percent per month (eighteen percent (18%) per year) or (ii) the maximum rate permitted under applicable law, for all charges not paid within thirty (30) days of the invoice date. In addition, you shall pay an administrative fee (late charge) of 5% of any invoice not paid (as agreed upon damages and not a penalty) within thirty (30) days of the invoice date, provided the imposition of such fee (together with the finance charge listed above) is permitted and not deemed to exceed the maximum charge permitted under applicable law.
18. No Waiver of Breach. Waiver of your breach of this Agreement shall not be a waiver of any subsequent breach. SimpliSafe's rights under this Agreement shall be cumulative, may be exercised concurrently or consecutively and shall include all remedies available even if not referred to in this Agreement.
19. Consent to Recording. Certain federal and state laws prohibit unlawful video recording and the interception and recording of telephone calls and other oral communications by electronic means. If your System is capable of recording audio and video footage, it is your responsibility to comply with applicable laws and regulations by not installing your System in an area where data subjects may have an expectation of privacy (bedrooms, restrooms, dressing or changing areas, locker rooms or similar areas) and by notifying potential data subjects that they are entering a secure location where they may be monitored and recorded by your System. By enabling your System to record audio and video footage, you consent for yourself and any other person entering your Premises (collectively “Users”) that they are aware of your System and consent to be monitored and that your System recordings may be used by SimpliSafe to provide Video-Related Services (hereafter defined) and for any reasonable quality assurance purposes. YOU SHALL NOT INTERCEPT OR RECORD ANY ORAL COMMUNICATION OF ANY PERSON WITHOUT HAVING SUCH PERSON'S PERMISSION TO DO SO. Please refer to the SimpliSafe Privacy Policy at http://www.simplisafe.com/privacy-policy for important information regarding recording audio or video.
20. Account Management Services. "Account Management Services" means services relating to the remote management of the System through the Application or otherwise.
21. Video-Related Services. "Video-Related Services" consists solely of the following: (i) verification of alarm events by monitoring facility personnel in connection with the Emergency Dispatch Services to be provided pursuant to Section 23 ("Verification Services") using audio and video received from the System, (ii) real-time access to video and audio from the System through the Application ("Real-Time Services"), (iii) storage and retrieval through the Application of recorded video and audio stored on our servers, which storage shall be limited and subject to change (a) in accordance with the terms of the plan you selected or (b) if you did not select a plan that provides for terms regarding storage, at our discretion ("Recorded Services"), and (iv) use of cameras or other Product components to allow for human (live or automated) or robotic (pre-recorded warnings or sirens) audio communication with any individuals captured in Real Time Video Services to help monitoring facility personnel engage with persons observed in Real Time Video Services in an attempt to deter unlawful or unpermitted actions or to initiate steps to request Emergency Dispatch Services, if deemed necessary in the monitoring facility personnel staff’s sole discretion. You understand that Real-Time Services may require specific System hardware (for example specific cameras) to enable video and audio to be transferred from the Premises to monitoring facility personnel. If you sign up for such Real-Time Services, our ability to provide such services will depend on a variety of System operations and installation placement (for example your System would need to have one or more cameras positioned to capture the location where an incident occurs, and would need to be connected, powered, and otherwise operating properly).
You understand and agree that Emergency Dispatch Services may be requested at the monitoring personnel’s sole discretion based on such personnel’s observation of circumstances shown on the Video-Related Services which may reasonably suggest that Emergency Dispatch Services would be appropriate even before performing any Alarm Verification steps. You understand and agree that Video-Related Services may not capture the cause of any given alarm event for a variety of reasons (such as, where your camera(s) is/are not positioned in view of such cause; your camera’s view is obstructed by a physical object; any issues with communication equipment or services; etc) or where an alarm event occurs and the cause of said alarm does not come into view of any Video-Related Services within a reasonably close amount of time.
Verification Services are intended to assist you and any permitted monitoring facility personnel to verify an alarm event at the Premises, not to reduce or eliminate any risk of loss. None of the Video-Related Services are intended to replace alarm monitoring services or to detect or prevent unauthorized intrusion onto the Premises or any other emergency condition, including fire, smoke, carbon monoxide, medical emergencies or water damage. The Verification Services are provided and shall be used by you solely for the verification of alarm events at the Premises and no other purpose. Monitoring facility personnel will not have access to the Real-Time Services or Recorded Services unless (1) you have granted Monitoring facility personnel such access through the Application and (2) such video and audio is received at the monitoring facility in connection with the Emergency Dispatch Services.
22. Lawful Recording of Video and Audio; Required Connectivity. Recording video or audio may be unlawful or violate an individual's rights, including privacy rights. You shall not use any of the Video-Related Services, or permit the use of any of the Video-Related Services, for any unlawful purpose. For example, you shall not use the System to obtain or record video in any place where a person may have a reasonable expectation of privacy, including bedrooms, restrooms, dressing or changing areas, locker rooms or similar areas. You also shall take all steps necessary to alert individuals at the Premises of the possibility of recording video or audio and that individuals should have no expectation of privacy regarding conversations taking place when recordings are activated. You shall use a form of connectivity to permit the transmission of video, audio and Listed Codes (as defined below) from your System to us and any permitted monitoring facility. You shall instruct all persons who may use any Video-Related Services or the System of any limitations with respect to the Video-Related Services or the System. You shall comply with the provisions of Section 19 with respect to the use of the Video-Related Services and the System.
23. Emergency Dispatch Service. "Emergency Dispatch Services" shall be provided in accordance with this Agreement and consist solely of monitoring facility personnel telephoning the governmental authorities ("Authorities") or telephoning or sending SMS/texting notifications and alerts to other persons provided by you ("Responsible Parties" and in accordance with Section 24 below) or any company that provides on-site response services (“Third Party Responders”) upon the receipt of signals from your System reporting specific conditions ("Listed Codes") at the Premises. We shall provide Emergency Dispatch Services only for Listed Codes. Our obligation to provide Emergency Dispatch Services shall be satisfied by monitoring facility personnel contacting (or attempting to contact) the Authorities or Responsible Parties or Third Party Responders or by leaving a voicemail or similar type message with the Authorities or Responsible Parties or Third Party Responders. Emergency Dispatch Services are intended to reduce the risk of a burglary, robbery or other events occurring at the Premises but are not a guarantee such events will not occur or that there will be no personal injury or property loss as a result.
The monitoring facility will not contact (nor attempt to contact) any Third Party Responder on your behalf unless you have specifically contracted with us to provide such service, or you have specifically requested that we provide such service (and we have agreed in writing to do so). Examples of where you might desire that the monitoring facility attempt to contact a Third Party Responder include situations (i) where the Premises are located in a jurisdiction in which the applicable Authorities will not respond to alarm signals at the Premises absent prior verification of an actual alarm event, or (ii) where you desire a faster response time than what might otherwise be provided by the applicable Authorities. Regardless of the circumstances, however, you acknowledge that, upon receipt of signals from your System, the monitoring facility will not contact (nor attempt to contact), nor have any obligation to contact, any Third Party Responder unless you have previously contracted with us to provide such service or you have previously requested that we provide such service (and we have agreed in writing to do so).
24. Terms and Consent to Communicate, for Notifications, and Alerts. These provisions apply to messages, alerts, and notifications sent via SMS/text message or via the SimpliSafe mobile app (collectively, “Notifications”) in connection with SimpliSafe programs, products, and Services. To the extent included in your purchased Services with SimpliSafe, you and Responsible Parties may also be able to send Notifications to confirm dispatch or cancel dispatch via SMS/text message.
SimpliSafe does not charge any fees for you to receive Notifications, other than any monthly fee you may owe if you are a subscriber for SimpliSafe monitoring services. Your wireless service provider may charge a fee for SimpliSafe sending and/or your receiving Notifications and/or for air-time or data usage associated therewith.
Check with your wireless carrier if you have questions about your wireless plan.
By purchasing Services and/or accepting these terms, you indicate and acknowledge your consent for SimpliSafe to send you Notifications in connection with the SimpliSafe Services via SMS/text message or via the SimpliSafe mobile app (collectively, “Messaging Services”). You also acknowledge and consent to SimpliSafe sending you Notifications which SimpliSafe may reasonably deem to help you with any necessary account / Service set up steps that are required to fully activate your Services.
If you are a SimpliSafe subscriber and add a contact to receive Notifications, you agree and warrant that you have informed the contact about the nature of the Notifications and obtained consent for SimpliSafe to send Notifications to the contact.
Our Emergency Dispatch Services require that we communicate with the Responsible Parties. Our communication may take different forms, including a live operator telephone call, a pre-recorded telephone message using an auto-dialer, an SMS or other form of text message or some other form of electronic communications. We will communicate with a Responsible Party at the telephone number you provide us, including any mobile phone number or residential landline number. You will (i) inform the Responsible Parties that we will communicate with them at such numbers; and (ii) obtain permission from the Responsible Parties that we may communicate with them at these telephone numbers. You will indemnify, defend and hold us harmless (without any condition that we first pay) for any Losses (as defined in Section 4 of this Agreement), including our reasonable attorneys’ fees, arising out of or in connection with, due to or caused in whole or in part by, any claims asserted against us in connection with or as a result of our communications with any of the Responsible Parties, including any claim under any state or federal consumer protection or similar law, including the Telephone Consumer Protection Act.
SimpliSafe will not be liable for any delays in the receipt of any such Notifications or failure of such Notifications from being sent. Notifications may not be sent from you or delivered to you if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of SimpliSafe or your wireless carrier may interfere with message delivery, including your equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent Notifications may not be timely sent or received and that neither SimpliSafe nor your wireless carrier guarantees that such Notifications will be delivered or sent.
For questions regarding the Messaging Services or to stop receiving messages, please contact SimpliSafe Customer Support at 800-548-9508 or visit www.simplisafe.com/support and click on “Contact Us.” If you would like to change the messaging settings associated with your SimpliSafe account, visit the Alerts settings page in your customer account, which may be accessed online at www.simplisafe.com or through the SimpliSafe mobile app.
25. Alarm Verification Prior to Dispatch. Upon receipt of a Listed Code and before attempting to contact / call any Authorities or Responsible Parties or any Third Party Responder, monitoring facility personnel may, in their sole discretion, take any one or more of the following steps in an attempt to verify the need to report the Listed Code to the Authorities or any of the Responsible Parties or any Third Party Responder, (collectively, the "Alarm Verification Steps"): (i) telephone or text or attempt to telephone or text the Account holder or any secondary contact that has been provided by the Account holder, (ii) if we have access to Real-Time Services or Recorded Services, receive, retrieve and review video from the System, (iii) intercept or retrieve and listen to oral communications or other audio from the System; (iv) optionally engage via Real-Time Services with any persons to confirm the need to report the Listed Code or other potentially urgent safety or security information to the Authorities or any of the Responsible Parties or any Third Party Responder; or (v) undertake such other reasonable steps to verify the need to report the Listed Code.
Following any one or more of the Alarm Verification Steps, monitoring facility personnel may, in their sole discretion, determine to report (or not report) a Listed Code to the Authorities or any of the Responsible Parties or any Third Party Responder. In addition, if monitoring facility personnel are unable to verify the need to report a Listed Code to the Authorities or any of the Responsible Parties or any Third Party Responder, monitoring facility personnel shall have no obligation to report such Listed Code. Monitoring facility personnel shall have no obligation to review or monitor any audio or video from the System for any time that is not immediately before or after receipt of a Listed Code.
26. Alarm Cancellation. Upon receipt of any current cancellation code set in accordance with the Owner's Manual for the System or confirmation from an authorized account user – such as via verified electronic communication (SMS/text confirmation) or oral advice (confirmed by safe word) to disregard the receipt of a Listed Code, monitoring facility personnel may, in their sole discretion, determine not to report a Listed Code to the Authorities or any of the Responsible Parties or any Third Party Responder.
27. Data; Data Storage. Your Account provides you with access to certain data stored by us. You agree that we may delete any data delivered to us when (i) any storage period that applies to your account expires, (ii) this Agreement is terminated or expires or (iii) you deliver a written request pursuant to Section 40 and such deletion is not prohibited by any applicable law, regulation, regulatory authority or other applicable judicial or governmental order. Notwithstanding anything contained herein to the contrary, SimpliSafe is not responsible for any change to or loss of any data.
28. App Stores. You acknowledge and agree that the availability of the Application is dependent on the third party websites from which you download the Application, e.g. the App Store from Apple or the Android app market from Google (each, an “App Store”). You acknowledge that this Agreement is between you and SimpliSafe and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from it. You agree to comply with, and your license to use the Application 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 this Agreement, the more restrictive or conflicting terms and conditions in this Agreement apply. SimpliSafe will not charge you any additional fees for you to receive and download the Application; however, your wireless service provider may charge a fee for air-time or data usage associated therewith. Check with your wireless carrier if you have questions about your wireless plan.
29. SimpliSafe-Provided Interface to Third-Party Products, Applications and Services. From time to time, SimpliSafe may provide the opportunity for you to interface the SimpliSafe System, Services, Application, Account, website or other SimpliSafe product, service, functionality or service element (collectively, the “SimpliSafe Platform”) to one or more third-party products, services or applications (including their respective mobile applications (if any) or any related or connected third-party mobile devices or product peripherals that control or connect to any of the foregoing, collectively, “Third-Party Products and Services”), through and using the SimpliSafe Platform, for example the SimpliSafe Amazon Alexa Skill, August Smart Lock, Apple Watch or Google Assistant (as and when each is introduced). You decide whether and with which Third-Party Products and Services you want to interface. Your explicit consent and authorization is required for this interface, which may be revoked or disabled by you at any time. Notwithstanding the foregoing, and to the maximum extent permitted under applicable law, by (i) downloading and installing the SimpliSafe mobile application on these Third-Party Products and Services and/or any related or connected third-party mobile devices or product peripherals, and/or (ii) enabling or authorizing SimpliSafe notifications or other information to be transmitted to them, your consent and authorization to the corresponding/underlying Third-Party Products and Services, related interfaces and data exchange may be deemed to have been provided. Once your consent is given for a particular Third-Party Product and Service, you agree that SimpliSafe may exchange information and control data regarding you and your products, including your personal information, in order to enable the interface to the Third-Party Products and Services you have authorized. Once this information is shared with the particular Third-Party Product and Service, its use will be governed by the third party's privacy policy and not by SimpliSafe’s Privacy Policy. You acknowledge and agree that SimpliSafe makes no representation or warranty about the quality or safety of any Third-Party Products or Services or the interface with Product and Services and that the use or performance of the Third-Party Products or Services shall be subject to the third party’s terms of service or like terms. Accordingly, SimpliSafe is not responsible for your use of any Third-Party Product or Service or any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to your use of any Third-Party Products or Services. You should contact the third party with any questions about their Third-Party Products and Services.
30. End User License and Intellectual Property. Subject to the terms and conditions of this Agreement, SimpliSafe grants you a non-exclusive, non-transferable license to access and use the Services by (i) use the Application in connection with, and solely for the purpose of, controlling and monitoring the Services you are authorized to receive and/or control or monitor, and (ii) install and use the Application solely on your own handheld mobile device (e.g., iPhone, iPad, or Android smartphone or other tablet device) and solely for the purposes set forth in this Agreement. There is a risk that unauthorized persons may gain access to the Application and data thereon and you agree to assume such risk. You consent to our posting alarm event and other status reports in connection with the Service on the Application. You will keep confidential all information available on the Application and all passwords relating to the Application or access thereto. This license will continue and be co-extensive with the term of this Agreement except for your (i) failure to keep confidential all information available on the Application and all passwords or access codes relating to the Application or access thereto, (ii) use of the license or the information in any manner that negatively affects us, (iii) use of the license or the information for any illegal purpose, (iv) breach of this Agreement or (v) violation of any applicable law. You will be solely responsible for information you deliver, delete or modify. Upon termination of this Agreement or termination or suspension of the license by us, we may immediately, and without notice, disable your access to the Application and cancel all passwords or other access codes. You will not (a) disclose or make available to third parties any portion of the technology associated with the Services or the Application without our prior written consent, (b) copy, decompile, dissemble, reverse engineer, manipulate, modify, or make derivative works of any technology incorporated in the Services or the Application. SimpliSafe may from time to time develop patches, updates, upgrades or other modifications (“Updates”) to improve the performance of the Services or the Application. These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services or the Application. You acknowledge that you may be required to install Updates to use the Services and you agree to promptly install any Updates that SimpliSafe provides. IF YOU FAIL TO INSTALL ANY UPDATES PROVIDED BY SIMPLISAFE, YOUR ACCESS TO THE APPLICATION AND THE SERVICES MAY BE TERMINATED.
Notwithstanding the foregoing, software embedded within any SimpliSafe System may contain, include, or be provided together with third-party software components, including software made available under an “open source” or similar licenses (“Third-Party Components”). Additional information regarding the Third-Party Components can be found at https://www.simplisafe.com/legal and/or in the software documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the respective copyright holders indicated therein. To the extent required by the license covering any Third-Party Component, the terms of such license will apply to such Third-Party Component instead of the terms of this Agreement. To the extent the license applicable to any Third-Party Component prohibits any of the restrictions herein with respect to such Third-Party Component, such restrictions will not apply to such Third-Party Component. To the extent the terms of the license applicable to any Third-Party Component requires SimpliSafe to make an offer to provide source code or related information in connection with such Third-Party Component, such offer is hereby made. Any request for source code or related information should be directed only to: publicopensourcerequests@simplisafe.com. All rights with respect to such software not licensed to you hereunder are fully reserved by SimpliSafe and/or its licensors.
31. Suspension of Service. SimpliSafe's obligations under this Agreement are waived automatically without notice and you release SimpliSafe for all Losses following any default or breach of this Agreement by you or if the monitoring facility, or Communications Equipment and Services are destroyed, damaged, inoperable or malfunction for any reason whatsoever, for the duration of such interruption of service, and you shall be entitled to a credit of the unearned charges paid for the period of interruption on your request, which credit shall not exceed more than one month's service charge and shall be the limit of SimpliSafe's liability. If this Agreement is terminated or the Services are suspended or terminated for any reason, you shall immediately disconnect the System from all Communications Equipment and Services (e.g., telephone line, radio transmitter, cellular transmitter, etc.). Upon termination of this Agreement or if the Services are suspended or terminated for any reason we may, in our sole discretion, without notice, and without any liability, remotely disable, disconnect or block the System and data from the System from communicating with the monitoring facility.
32. Time Limitation on Actions. All claims, actions or proceedings against SimpliSafe must be commenced in court within one (1) year after the cause of action has accrued, without judicial extension of time, or such claim, action or proceeding is barred. The time period in this Section must be complied with strictly.
33. Integrated Agreement. This Agreement and any document made a part of this Agreement contains the entire agreement between the parties respecting the transactions described in such documents and supersedes all prior or current negotiations, commitments, contracts (express or implied) warranties (express or implied) statements and representations, whether written or oral, pertaining to such transactions, all of which shall be deemed merged into this Agreement. NEITHER PARTY HAS MADE ANY REPRESENTATION, TERM, PROMISE, CONDITION, STATEMENT, WARRANTY, OR INDUCEMENT (COLLECTIVELY, "INDUCEMENT") NOT EXPRESSED IN THIS AGREEMENT RESPECTING THE TRANSACTIONS DESCRIBED IN THIS AGREEMENT AND ANY DOCUMENT MADE A PART OF THIS AGREEMENT AND, IN ENTERING INTO THIS AGREEMENT, NEITHER PARTY IS RELYING ON ANY INDUCEMENT WHICH IS NOT SET FORTH IN THIS AGREEMENT.
34. Valid Agreement. Should any provision of this Agreement (or portion of this Agreement), or its application to any circumstances, be held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provision and this Agreement, or of such provisions as applied to any other circumstances, shall not be affected thereby, and shall remain in full force and effect as valid, binding and continuing.
35. Modifications. Additions, amendments, modifications or deletions to these terms shall not become part of the Agreement unless agreed to in writing by the parties; provided that SimpliSafe may add, amend, modify or delete the terms of this Agreement by providing prior written notice of such addition, amendment, modification or deletion on its website at www.simplisafe.com/terms-of-service and/or via a notice delivered pursuant to Section 40 (ii), which amended terms shall be binding upon the parties.
36. Right to Subcontract. Monitoring of the System is provided by a third party independent contractor. Likewise, any Third Party Responder is also an independent contractor. SimpliSafe may, in its sole discretion, subcontract for the provision of any of the Services under this Agreement. The provisions of this Agreement inure to the benefit of and are applicable to (i) any subcontractors engaged to provide any of the Services to you, including any monitoring facility and any Third Party Responder; and (ii) each of the SimpliSafe Parties (and any providers of Third-Party Products and Services, if any and solely as applicable), and bind you to all such persons or entities listed in the foregoing subsection (i) or (ii) with the same force and effect as they bind you to SimpliSafe. Any subcontractor we engage is an independent contractor and not our partner or joint venturer. You authorize us to act as your agent for purposes of working with, or providing any directions to, any subcontractors with respect to the provision of the Services. You authorize us to share your personal information with our subcontractors or Third Parties for the purpose of providing Services under this Agreement.
37. Section Headings; Interpretation. The section titles used herein are for convenience of the parties only and shall not be considered in construing the provisions of this Agreement. When used in this Agreement, (i) the word "including" shall mean "including, but not limited to;" and (ii) the term "sole discretion" shall mean "sole and absolute discretion without any liability."
38. Right to Notice and Cure. If SimpliSafe breaches this Agreement, you shall provide SimpliSafe written notice specifically identifying the nature of the breach and the provisions of this Agreement affected as a result of such breach. SimpliSafe may cure the breach within five (5) business days following SimpliSafe's receipt of the written notice or, if the breach cannot be reasonably cured within such period, may promptly commence to cure and diligently proceed until cured. If SimpliSafe cures any such breach, this Agreement shall continue unabated and SimpliSafe shall not be liable to you for any Losses arising out of or in connection with, due to or caused in whole or in part by any such breach.
39. Dispute Resolution and Arbitration. PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. Certain portions of this Section 39 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and SimpliSafe agree that SimpliSafe intends that this Section 39 satisfies the “writing” requirement of the Federal Arbitration Act.
a. In the event of any dispute or disagreement between the parties (under tort law, contract law, including but not limited to auto renewal disputes, billing, or service disputes, etc), or claim or question by a party, arising from or relating to this Agreement or the breach hereof (collectively, a “Dispute”), the parties hereto shall use their best efforts to settle the Dispute. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of 60 days then, upon notice by either party to the other, such Dispute shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Consumer Arbitration Rules. Once the Dispute is submitted to the AAA for arbitration, each party must pay the appropriate filing fees. All expenses of the arbitrator and any AAA expenses shall be borne by SimpliSafe. The parties will remain individually responsible for their own attorney costs or other non-AAA required costs, including but not limited to the expenses of witnesses for either side, which shall be borne by the party producing such witnesses. If an in-person arbitration hearing is required, then it will be conducted at an American Arbitration Association office that is reasonably convenient for both parties. If the parties are unable to agree on a location, a determination on location shall be made by the Independent ADR Institution or the neutral arbitrator. If the arbitrator finds that a dispute is frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the prevailing party shall recover all fees paid to AAA and, at the arbitrator’s discretion, an award of reasonable attorney’s fees and costs.
b. The arbitration will be heard and determined by a single neutral arbitrator selected by the AAA who is a retired judge or a lawyer with not less than 15 years of experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Consumer Arbitration Rules. The arbitrator will apply applicable law and the provisions of this Agreement and will determine any Dispute according to the applicable law and facts based upon the record and no other basis. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You can obtain the AAA procedures, rules, and fee information as follows:
AAA: 800.778.7879
In arbitration, as with a court, the arbitrator must honor the terms of this Agreement and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The parties agree that the arbitration shall be confidential. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing.
c. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 40) WITHIN 1 YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.
d. NOTWITHSTANDING THE FOREGOING, THIS ARBITRATION AGREEMENT DOES NOT APPLY TO ANY CLAIM SEEKING DAMAGES IN TORT FOR BODILY INJURY, INCLUDING EMOTIONAL OR PSYCHOLOGICAL INJURY, OR PROPERTY DAMAGE OF ANY KIND, INCLUDING CLAIMS FOR LOSS OF USE OR DIMINUTION IN VALUE OF PROPERTY. IN ADDITION, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON ANY BASIS INVOLVING ANY DISPUTE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER PERSONS OR ENTITIES DOING BUSINESS WITH SIMPLISAFE, OR OTHER PERSONS OR ENTITIES SIMILARLY SITUATED. FURTHERMORE, ANY DISPUTE BROUGHT BY OR AGAINST SIMPLISAFE MAY NOT BE JOINED OR CONSOLIDATED IN THE ARBITRATION WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER SIMPLISAFE SUBSCRIBER, UNLESS OTHERWISE AGREED BY THE PARTIES. FURTHER, THE PARTIES ACKNOWLEDGE THAT THEY WAIVE ANY RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY DISPUTE SUBJECT TO ARBITRATION.
e. Further, unless all parties agree in writing otherwise (including, but not limited to, as set forth in the procedures below regarding Mass Arbitration), the arbitrator may not consolidate more than one Subscriber ’s dispute, and may not otherwise preside over any form of a representative or class proceeding.
SUBJECT TO THE PRIOR PARAGRAPH, IN THE EVENT THAT MASS ARBITRATION (which means 25 or more arbitration demands that: (i) are filed within 180 days of each other, (ii) allege similar or identical claims or causes of action, and (iii) either (a) the parties to those arbitration demands seek to simultaneously or collectively administer and/or arbitrate together, or (b) are filed by the same counsel or in coordination with each other) IS ATTEMPTED OR SOUGHT, SUCH ARBITRATION SHALL BE ADMINISTERED PURSUANT TO THE FOLLOWING RULES.
1. In the event that Mass Arbitration is attempted or sought involving 250 arbitration demands or less, we agree the arbitration provider shall: (i) group the arbitration demands into batches of no less than 25 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch.
2. In the event that Mass Arbitration is attempted or sought involving over 250 arbitration demands, we agree that the arbitration provider shall: (i) group the arbitration demands into batches of no less than 250 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch.
3. All Mass Arbitration shall be subject to all other substantive and procedural terms contained within this Agreement.
4. We agree to cooperate in good faith with the arbitration provider to implement the aforementioned protocol for Mass Arbitration with regard to resolution, fees, and administration.
5. If any part of this paragraph related to Mass Arbitration is found to be unenforceable, the unenforceable portion shall be stricken, and the remainder of this paragraph and this Agreement shall be enforced to the maximum extent permitted by law.
6. If the arbitration provider is unwilling or unable to follow the procedures set forth in this paragraph with regard to Mass Arbitration, the parties may attempt to retain a different, mutually agreeable and widely-recognized arbitration organization that will agree to follow the procedures set forth herein. In the event that the parties are unable to retain or agree to such an alternative arbitration provider, the alternative dispute resolution provisions set forth in this Agreement shall not apply to those disputes within the Mass Arbitration.
SUBSCRIBER SHALL HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE BY PROVIDING WRITTEN NOTICE OF ITS INTENTION TO DO SO BY EMAILING TOS@SIMPLISAFE.COM WITHIN 60 DAYS OF THIS AGREEMENT BECOMING BINDING UPON SUBSCRIBER FOR THE FIRST TIME. OPTING OUT OF THIS AGREEMENT TO ARBITRATE HAS NO EFFECT ON ANY PREVIOUS, OTHER, OR FUTURE ARBITRATION AGREEMENT(S) THAT SUBSCRIBER MAY HAVE WITH SIMPLISAFE. IF THIS AGREEMENT TO ARBITRATE BECOMES BINDING, SUBSCRIBER CAN NOT CHANGE, MODIFY OR REVOKE IT (INCLUDING BY ATTEMPTING TO OPT OUT IN CONNECTION WITH ANY CONFIRMATION OF THE THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME) WITHOUT AN AGREEMENT IN WRITING SIGNED BY SIMPLISAFE. IN THE EVENT THAT THE SUBSCRIBER OPTS OUT OF THIS AGREEMENT TO ARBITRATE IN ACCORDANCE WITH THIS SECTION 39: EACH PARTY HEREBY IRREVOCABLY AGREES THAT ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING ("SUIT") ARISING OUT OF OR IN CONNECTION WITH OR DUE TO ANY CLAIM OR DISPUTE THAT HAS ARISEN OR MAY ARISE BETWEEN THE PARTIES MUST BE RESOLVED EXCLUSIVELY BY A STATE OR FEDERAL COURT LOCATED IN BOSTON, MASSACHUSETTS; EACH PARTY CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF EACH SUCH COURT IN ANY SUCH SUIT AND WAIVES ANY OBJECTION THAT IT MAY HAVE TO JURISDICTION OR VENUE OF ANY SUCH SUIT; EACH PARTY CONSENTS TO SERVICE OF PROCESS IN ACCORDANCE WITH THE NOTICE PROVISIONS OF THIS AGREEMENT; AND EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY SUCH SUIT.
We may revise and update this Agreement from time to time. To the extent it applies and is permissible by law, all changes are effective immediately when we post them on the SimpliSafe Website. Unless you exercise your right to opt out of changes (below), your continued use of any SimpliSafe Services or Website means that you accept and agree to the changes as they relate to such usage after the date of the revision, and such continued use is your consideration for the changed terms. No amendment to this Agreement will retroactively modify the parties’ agreed-to dispute resolution provisions of this Agreement for then-pending disputes, unless the parties expressly agree otherwise in writing. For the avoidance of doubt, “then-pending disputes” means any legal action filed before any court or tribunal (such as the American Arbitration Association). Within 30 days of the posting a revised Agreement on the Website, you have the right to reject changes that were made by providing written notice of your intent to opt out of any revised terms to this Agreement by emailing SimpliSafe at TOS@SIMPLISAFE.COM.
40. Notices. Unless otherwise expressly provided herein, (i) all notices required to be given to SimpliSafe shall be deemed to have been duly given if in writing and mailed by regular mail, postage prepaid, or overnight delivery, by a reputable, national overnight delivery service to SimpliSafe's then current principal place of business and (ii) all notices required to be given to Subscriber shall be deemed to have been duly given if in writing and sent to the e-mail address on file with SimpliSafe for your Account. Subscriber is responsible to provide SimpliSafe with any changes to Subscriber's e-mail address pursuant to the foregoing sentence.
41. Severability. If any provision of this Agreement is found to be invalid, the remaining provisions are still effective.
42. Privacy Policy. Please refer to SimpliSafe’s privacy policy at http://www.simplisafe.com/privacy-policy for important information about SimpliSafe’s collection, use and sharing of Subscriber’s personal information.
43. State Licensure.
For Alabama Residents: AESBL License #2022/2023 -2045. All complaints or concerns regarding the installation or service of a lock, alarm, or CCTV system may be directed to the AESBL at 7956 Vaughn Road Montgomery, Alabama 36116 (334) 264-9388.
For Alaska Residents: License #171636. Mailing Address and Principal Place of Business: 100 Summer Street, 3rd Floor, Boston 02110.
For Arkansas Residents: License #CMPY.0002735. Regulated By: Division of Arkansas State Police, 1 State Police Plaza Drive, Little Rock, Arkansas 72209, 501-618-8600
For California Residents: Our self-installed System includes a base station and one or more entry, motion, glass-break, temperature, water, carbon monoxide, smoke, video, and/or other sensors as selected by you, and may also include one or more smart lock, key fob, siren, keypad, panic button, yard sign and/or window decal as selected by you. Additional services, such as emergency dispatch, video-related, and account-management services, may be provided in connection with the System as selected by you. Alarm company operators are licensed and regulated by the California Bureau of Security and Investigative Services, Department of Consumer Affairs, 2420 Del Paso Road, Suite 270, Sacramento, CA 95814. You may be required to pay permit fees by local jurisdictions for monitoring, and such fees may be passed through by SimpliSafe to you. By agreeing to these Terms of Service and/or completing a purchase of a System, you consent to the use of electronic records and the right to receive information about your legal rights and duties electronically. You have the right to a paper copy of any electronic documents upon request. SimpliSafe, Inc., 100 Summer Street, 3rd Floor, Boston 02110.
CA License No: 7994.
For D.C. Residents: License #ECS920408
For Florida Residents: License #EF20001757
Louisiana: Registration #F2562. Physical Address: 100 Summer Street, 3rd Floor, Boston 02110. 1-800-297-1605.
For Michigan Residents: 1001 Woodward Ave, Suite 05A135, Detroit, MI 48226
For Montana Residents: License #PSP-ELS-LIC-37834. Address: 100 Summer Street, 3rd Floor, Boston 02110.
For Nevada Residents: License #0087963
For New Jersey Residents: Burglar/Fire Alarm Business License #34BF00065400. Address: 100 Summer Street, 3rd Floor, Boston 02110. 1-800-297-1605
For New Mexico Residents: License #403618. Required notice pursuant to Sec. 60-13-19 of the New Mexico Construction Industries Licensing Act: the license issued and the bond or other proof of responsibility required pursuant to the Construction Industries Licensing Act does not protect the consumer if the contractor defaults.
For Oklahoma Residents: License #AC440666
For Tennessee Residents: License #2012. See Section 2 of the SimpliSafe Terms of Service and the “Refund or Credit” section of the SimpliSafe Terms of Sale for refund policies and termination fees.
For Texas Residents: License #B09390101. 100 Summer Street, 3rd Floor, Boston 02110.
For Virginia Residents: License #11-18053
THE PARTIES ACKNOWLEDGE THAT THE AGREEMENT WAS NOT ENTERED INTO IN SUBSCRIBER’S HOME OR OTHER FACE-TO-FACE TRANSACTION BETWEEN THE PARTIES, AND THEREFORE NO FEDERAL OR STATE RIGHT OF CANCELLATION IS INTENDED TO APPLY TO THIS TRANSACTION.
44. Limited Subscription Warranties (Product Protection Plans)
Existing customers who purchased a SimpliSafe System before January 17, 2022 (the “Subscription Product Protection Launch”) date will continue to have their original Limited Hardware Warranty of three (3) years from either the purchase date of the Covered Products, where obtained from an authorized reseller, or the date Covered Products are delivered to your shipping address per your online order delivery date of their System.
The term of the original Limited Hardware Warranty for other customers is one (1) year from such dates, as explained in our Terms of Sale (available at www.simplisafe.com/legal). For online purchases where Delivery Date cannot be confirmed, Purchaser agrees that the start date for any relevant warranty or guarantee will be 30 days from the online purchase date.
Premium
(formerly “Fast Protect” or “Interactive”) Lifetime Subscription Product Protection:
Subscribers, who: (a) purchase a SimpliSafe System (which includes a base station) and (b) sign up for any of: (1) Fast Protect (formerly "Interactive"), (2) Core, (3) Pro, or (4) Pro Plus paid Professional Monitoring subscriptions
for 90 consecutive days before requesting support under this extended protection, qualify to have their original Limited Hardware Warranty on any Covered Products (as defined in the Terms of Sale) extended: (i) as long as they maintain the requisite subscription without any cancellation from the first time they activate this service, or (ii) except until a Covered Product’s manufacturer recommended product life expires (such as with life safety devices like smoke detectors and CO detectors which are each recommended to be replaced after 10 years from their manufacture date).
Other Subscription Product Protection:
Subscriber s, who: (a) purchase a SimpliSafe System (which includes a base station) and (b) sign up for any paid Subscription Service other than those described above relating to Premium Lifetime Subscription Product Protection (including Fast Protect (formerly "Interactive"), Core, Pro or Pro Plus Professional Monitoring subscriptions)
before the expiration of their original limited hardware warranty (explained in our Terms of Sale), qualify to have their original Limited Hardware Warranty extended on any Covered Products for up to two (2) additional years as long as they maintain the same service subscription throughout that 2 year extension period without any cancellation for a total possible term of up to three (3) years from the date of their original purchase of the Covered Product.
SimpliSafe reserves the right in its sole discretion to further extend this qualification date for existing customers and may do so from time to time to allow customers not benefiting from the extended product protection plans to join.
Subscription Product Protection limitations: These Limited Subscription Product Protection plans extend the original Limited Hardware Warranty protections provided by SimpliSafe to you, the initial purchaser of the System, with the same limitations as set forth in our Terms of Sale with the following additional Subscription Product Protection plan limitations.
These Subscription Product Protection plans are NON-TRANSFERABLE and only apply to the initial purchaser.
Subscription Product Protection plans expire once any Covered Item is discontinued (i.e. at SimpliSafe discretion or by obsolescence).
If SimpliSafe, at its own discretion, supplies the subscriber with a replacement item under a Subscription Product Protection plan, that will be covered by a 1 year original Limited Hardware Warranty and any applicable Subscription Product Protection Plans thereafter as long as all other conditions are met.
Subscription Product Protection plans cover normal wear and tear, NOT unintended usage situations or when Covered Products are intentionally or otherwise damaged by improper use.
SimpliSafe shall, at its own discretion, determine whether a product has been subjected to unintended or improper usage.
SimpliSafe reserves the right to offer any customer an opportunity to be grandfathered into one of these subscription product protection plans at any time subject to any conditions to be determined at SimpliSafe’s sole discretion.
SimpliSafe reserves the right to limit the number of redemptions for any given component or take other remedial actions if it finds that a customer is abusing a product protection plan.
SimpliSafe reserves the right to cancel any individual subscription for any reason, including suspicions of fraud or any other abuse of the product protection plan benefits.
Product protection plans terminate once a subscription is terminated or otherwise interrupted.
SimpliSafe reserves the right to update and/or terminate these Subscription Product Protection plans at any point in time which, unless specified otherwise, would go into effect with the next billing cycle at the earliest.
By signing up for any Service, you understand that these Subscription Product Protection plans are tied to your month to month service plan and are not part of your initial hardware purchase.
45. Critical Product, Component and Software Updates & Replacements During Services
If, at SimpliSafe’s sole and reasonable discretion, certain critical Product, component and/or Software updates or replacements are needed to maintain reliable performance of your system or any components thereof during your subscription for any Services, and SimpliSafe makes corresponding hardware or software updates available (collectively, “Critical Updates & Replacements), upon notice the Subscriber agrees to take reasonable steps and follow provided instructions to effectuate such Critical Updates & Replacements, and to cooperate as reasonably requested to help schedule, coordinate or arrange for such Critical Updates & Replacements to be installed, delivered or implemented. Such Critical Updates & Replacements can include updated labeling, replacements of batteries, replacement of wifi or cellular modules, and even replacements of discontinued components or products. By accepting service, you acknowledge you will make all reasonable efforts to support these necessary updates and that SimpliSafe has met its obligations to you by making these updates reasonably available.
46. Reconditioned components
As part of SimpliSafe’s sustainability, recycling, and reusability efforts, we reserve the option of using reclaimed, recycled or otherwise reconditioned parts as component parts in any new products sold or provided to consumers and any purchase made of any new products or request for replacement parts by the consumer is transacted with that understanding, agreement, and acknowledgment between the parties.
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SimpliSafe Terms of Service - SimpliSafe® Active Guard Outdoor Monitoring Addendum
The following additional terms apply to Subscriber’s subscription to and/or use of SimpliSafe’s Outdoor Monitoring Services, which may include or be referred to commercially as SimpliSafe® Active Guard outdoor protection (collectively “Outdoor Monitoring Services”). These additional terms shall supplement and not replace the standard Terms of Service above. In the event of a conflict with the standard Terms of Service as it relates to Outdoor Monitoring Services, these additional terms shall apply
A. Outdoor Monitoring Services and Coverage
a. Camera Setup. Use of Outdoor Monitoring Services will require you to have an Outdoor Monitoring Services eligible camera, including SimpliSafe’s Video Doorbell Pro, SimpliSafe’s Outdoor Security Camera Series 2, or other cameras as may be specified or authorized by SimpliSafe as eligible for Outdoor Monitoring Services, each installed and set up in accordance with all applicable SimpliSafe installation guides and any other applicable specifications. SimpliSafe reserves the right to limit the number of eligible cameras that you are permitted to enroll and use with the Outdoor Monitoring Services. You agree to locate the camera(s) on your property and nowhere else. By subscribing to, and attempting to use, Outdoor Monitoring Services, you are representing that you are authorized to set up the camera(s) and, as such, you agree to hold SimpliSafe harmless in any potential disputes with a co-owner, landlord, tenant, lessee, family member, employee, guest, or other potentially interested party regarding the installations/ modifications to your home or dwelling and the use of such Outdoor Monitoring Services described in this Agreement.
Outdoor Monitoring Services can only be used to monitor areas that are outside of a home and in view of a supported camera to provide monitoring specialists visual access to the monitored areas. Cameras must be positioned and located outside of the home and cannot be located inside of the home and aimed through a door or window to an area outside the home. However, please note that if an enrolled camera is brought inside while the system is armed, any activity within its field of view will be sent to Monitoring Staff as if the camera was outside.
Outdoor Monitoring Services require clear and unobstructed views of protected areas, and it is Subscriber’s sole responsibility to ensure that any areas to be monitored are fully visible by the camera(s). Activities that occur outside of the frame of the camera, including persons quickly passing through the field of view of the camera, may result in Monitoring Staff not identifying individuals on the monitored property. Before beginning services, test your cameras’ field of view in your app to ensure the desired areas are in view and plainly visible. SimpliSafe makes no representations or warranties about the installation or your right to set up the camera(s). SimpliSafe disclaims, and you agree to hold SimpliSafe harmless for any and all liability arising, directly or indirectly, from your set up of the camera(s).
If you decide to set up, move, reposition or otherwise locate or direct a camera on a specific target location, you further agree not to collect information from adjacent properties (private properties, non-public areas, or public spaces) in which others may have a reasonable expectation of privacy (see simplisafe.com/legal for Privacy Policy and Outdoor Monitoring Privacy Policy Supplement for more information). SimpliSafe disclaims, and you release SimpliSafe of, any and all liability arising out of or connected with the camera’s scope or field of view, and you agree that any claim, damage, or issue arising therefrom is between you and any third party and you agree not to pursue SimpliSafe for any such damage, claim, or other liability. You can also use Activity Zones to ensure the camera(s) is set up accordingly. See SimpliSafe install guides and manuals for details on Activity Zones.
b. Agent Monitoring. Outdoor Monitoring Services may be designed to alert trained Monitoring Staff of an individual being on your property. Such monitoring is only performed based on the settings you choose for cameras, and only when your camera is in “armed” mode during the hours stated below. If your camera is armed, Monitoring Staff will be able to remotely access live video, or frames of video related to, and during, security related events. Monitoring Staff may engage with individuals by speaking to individuals, triggering sirens, triggering pre-recorded audio file recordings, turning on the camera’s spotlight (if applicable), listening to live audio, or taking other actions supported by the cameras and applications in accordance with one or more standard operating procedures for an applicable situation.
You consent to Monitoring Staff accessing video and audio data from cameras via SimpliSafe’s and/or third party vendors’ software. You further consent to Monitoring Staff responding by taking steps such as, but not limited to, those listed in these terms.
c. LIMITED Emergency Service Alert, Action, or Attempt to Dispatch. Aside from the Outdoor Monitoring Services, the functionality of your existing SimpliSafe system and your respective existing home security monitoring services plan will remain otherwise unchanged.
In order to receive Outdoor Monitoring Services and dispatch during the hours Outdoor Monitoring Services provided in your selected subscription plan, you must ensure that:
your Outdoor Monitoring Services eligible cameras are set up per their respective installation guides and other applicable documentation, that you’ve selected in the SimpliSafe app within location settings to allow Monitoring Staff access to the camera, and
your main SimpliSafe system is armed and the Outdoor Monitoring Services are enabled in the SimpliSafe app to participate.
The Outdoor Monitoring Services are intended to be offered and supported in accordance with your monthly subscription plan. However, SimpliSafe reserves the right to update or adjust these services or times at its sole discretion, and there is no guarantee of any service availability or uptime or that emergency services will be dispatched for any particular event.
Limited emergency response actions are limited as follows:
1) Monitoring Staff may attempt to contact you or a secondary authorized user as listed in your user settings by phone, SMS or text message in the event a potential intruder, an act of violence, or potential emergency situation is captured on your camera, and observed by the Monitoring Staff during the hours of Monitoring Services in accordance with your monthly subscription plan.
2) Any requests for emergency dispatch services as part of your Outdoor Monitoring Services are handled and provided in line with the conditions described in paragraph 23 of the SimpliSafe Terms of Service (above) and based on the following LIMITED conditions:
You acknowledge, agree and understand that aside from any existing monitoring services you receive from SimpliSafe, the only additional emergency response actions that may be available under the Outdoor Monitoring Services are LIMITED TO THE FOLLOWING SITUATIONS:
A. During the Outdoor Monitoring Services plan time frame selected by you;
B. When the camera and Outdoor Monitoring Services are enabled, and your system is set in armed mode,
C. When the event is clearly captured by an eligible and enrolled camera within the frame of the camera; and
D. The Monitoring Staff, subject to a reasonable person standard, actually observes the event within the frame of the camera and perceives the following scenarios:
a. Any explicit request for emergency response made by any person captured on camera at the time of the event;
b. An immediate and obvious threat to life or human safety;
c. Clearly observable smoke and/or actual fire appearing to emanate from your home; or
d. An obvious threat of physical damage to property only when such an emergency is confirmed by the primary or secondary contact.
Emergency response action, as defined in the Terms of Service, means escalating to a PSAP (Public Safety Answering Point) to request dispatch, though it is not guaranteed that the PSAP will dispatch emergency services. Other than in the situations set out above, the ODMON Services will not be obligated to provide any other emergency alerts, actions or attempts to contact or dispatch emergency response services for events captured on the camera during your use of the Outdoor Monitoring Services.
You further acknowledge, agree and understand that Outdoor Monitoring Services otherwise only permit the Monitoring Staff to interact with or speak to individuals on your property through the camera(s), to turn on audible sirens, and/or to turn on spotlights as a deterrence.
For this reason, and as stated in the preceding paragraphs, it is advised you enable and arm your main SimpliSafe system to ensure that you continue to receive your usual indoor monitoring and emergency dispatch services to which you subscribe and contract for with SimpliSafe outside of the Outdoor Monitoring Services.
d. Attractive Nuisances. Subscriber understands that Outdoor Monitoring Services are not intended to be used or implemented in, and may not be suitable for use in, monitored properties that may regulated by law or otherwise create a fiduciary obligation (or other duty of care) to a third party beyond that a normal residence, which may include high risk areas or areas that otherwise attract excess attention or traffic (vehicular, pedestrian, or animal traffic), including without limitation swimming pools, natural bodies of water, trees, treehouses, trampolines, animal cages, swing sets, monkey bars, playgrounds, etc. (“Attractive Nuisances”). Subscriber understands that SimpliSafe is in no way obligated to provide Outdoor Monitoring Services with respect to any such Attractive Nuisances or any areas not on Subscriber’s property (as reasonably interpreted by Monitoring Staff), even if in view of their cameras, and such Attractive Nuisances may result in SimpliSafe terminating or downgrading your Outdoor Monitoring Services subscription.
e. Service limits. SimpliSafe further reserves the ability to terminate a subscription for excess usage or where a monitored location generates an excessive number of events, such as due to excessive motion detected or high traffic.
f. Subscriber’s Obligation to Provide Notice to Third Parties. Privacy laws in your state may impose certain obligations on you and your use of the security camera(s) or other camera-enabled products. You (not SimpliSafe) are solely responsible for ensuring that you comply with any applicable laws when you use such camera-enabled products. For example, you may be required to display a yard sign and window stickers to provide notice (even inside your home) and alert visitors to your home that you are using camera-enabled products that are capable of capturing audio, video, and biometric data for security purposes.
In addition, privacy laws in your state may impose certain obligations on you or your employer regarding any potential collection of personal data of any employees, and you agree to lawfully comply with any such laws or other obligations, including obtaining any and all written consents from any impacted employees before collecting any personal data in association with the Outdoor Monitoring Services, such as enabling automatic Face Matching or Familiar Faces discussed below.
g. Familiar Faces and Face Matching. When you activate Outdoor Monitoring Services, we allow you to store Familiar Faces to help us determine if a subject approaching your location is a known or unknown person in accordance with our Privacy Supplement published under simplisafe.com/legal. If you reside in a location that restricts the collection, processing, or storage of biometric data, you will not be able to enable automatic Face Matching or Familiar Faces in your SimpliSafe app. You (not SimpliSafe) are solely responsible for ensuring that you comply with any applicable laws when you enable these features and must obtain consent, such as a written release, to store and use a Familiar Face profile after notifying any residents, guests, employees, and any other visitors who may come in contact with your System how their biometric information is being collected, stored, and used. If you create a Familiar Face profile for a child, you must obtain consent from their parent or legal guardian capable of giving such consent.
h. Not Intended for Commercial Usage. The Outdoor Monitoring Services are intended for residential usage by the occupant at a dwelling (e.g., a private residence, home, apartment with its own dedicated outdoor space, etc.). You understand and agree that the Outdoor Monitoring Services are not specially designed or intended for commercial or business purposes or to protect or monitor commercial properties or businesses and Outdoor Monitoring Services at a business or commercial property may not operate in the same manner as, and may not have the same or similar features as those in, or advertised for, the Outdoor Monitoring Services for residential usage.
IF YOU USE OUTDOOR MONITORING SERVICES IN A COMMERCIAL PROPERTY, HAVE IDENTIFIED AS A BUSINESS OR COMMERCIAL CUSTOMER, OR IF THE MONITORED PROPERTY ADDRESS THAT YOU HAVE PROVIDED IS A COMMERCIAL ADDRESS OUTSIDE OF A DEFINED PRODUCT TEST WITH SIMPLISAFE, YOU HEREBY RELEASE, DEFEND AND HOLD HARMLESS SIMPLISAFE FROM AND AGAINST ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE, OR OTHER LOSSES (AS DEFINED IN SECTION 4 OF THIS AGREEMENT), INCLUDING OUR REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR IN CONNECTION WITH, ARISING FROM, RELATED TO, OR CAUSED BY, YOUR PURCHASE, INSTALLATION AND/OR USE OF THE SYSTEM OR SERVICES FOR OR AT A LOCATION THAT IS A COMMERCIAL PROPERTY OR A BUSINESS, OR OTHER DAMAGES OR POTENTIAL DAMAGES DUE TO OR CAUSED IN WHOLE OR IN PART BY, ANY CLAIMS ASSERTED AGAINST YOU OR US IN CONNECTION WITH OR AS A RESULT OF YOUR USE OF THE OUTDOOR MONITORING SERVICES AT A BUSINESS OR COMMERCIAL PROPERTY OR FOR YOUR LACK OF COMPLIANCE WITH LOCAL LAWS OR REGULATIONS. YOU ALSO ACKNOWLEDGE THAT OUTDOOR MONITORING SERVICES ARE NOT DESIGNED FOR USE ON COMMERCIAL PROPERTIES AND ASSUME ANY RISKS RELATED TO YOUR UNAUTHORIZED USAGE. TO THE EXTENT THAT YOU INSTALL A SIMPLISAFE SYSTEM AT A LOCATION THAT IS SUBJECT TO HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA), HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND CLINICAL (HITECH), OR FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA), IT IS YOUR SOLE RESPONSIBILITY TO INSTALL AND USE YOUR SIMPLISAFE SYSTEM IN A COMPLIANT MANNER.
i. Service Adjustments. We may from time to time make adjustments (e.g., software updates, camera resolution or image quality setting changes etc.) to the services and/or features for evaluation, testing, troubleshooting, and/or performance purposes. You hereby give us authorization to make such adjustments to the services and/or features.
B. Privacy
a. Outdoor Monitoring Services are subject to our Privacy Policy available at https://simplisafe.com/privacy-policy and our Privacy Supplement Privacy Supplement published under simplisafe.com/legal.
You agree that it is your sole responsibility to comply with applicable laws regarding the collection of video, audio, and biometric information via cameras and the sharing of such information with SimpliSafe for processing in accordance with this Agreement. You agree that with respect to individuals who enter into the fields of view of cameras, it is your sole responsibility to provide all notices and obtain all consents necessary to authorize the processing of information collected by cameras as described in this Agreement, and you are agreeing to this Agreement with the authorization of and on behalf of all cohabitants of your monitored property. To the extent that any of your employees are present at the monitored property, it is your sole obligation to obtain any and all consents, written or otherwise, that may be required by local law in association with the collection of any biometric data of such employees.
C. Optional Video Sharing
a. Video and Other Data Collection. Cameras may collect audio recordings, still images and frames, and videos of occupants, strangers, and guests (which may include, without limitation, postal workers, delivery persons, friends, family members, and unknown individuals) who enter into the field of view of the cameras. The cameras may collect videos of pets, objects delivered to your property (e.g., packages), and other objects (e.g., pets, automobiles, etc.) that are in the field of view of the cameras.
b. Through your use of the Outdoor Monitoring Services, you may be prompted or offered to share video or audio recordings with SimpliSafe for various purposes.
c. Sharing for Quality Assurance. You may have the option, by opting into one or more toggles presented in the SimpliSafe App or online, to share video and audio recordings with SimpliSafe for quality assurance purposes. You can change your settings and consent to sharing video and audio recordings in this manner at any time within your app settings.
d. Sharing for AI Model Development and Other Service Improvements. Depending on your location and subscription level, you may have the option, by opting into one or more toggles presented in the SimpliSafe App or online, to share video recordings and audio so that SimpliSafe may improve its features or products, or develop new features for existing products, or develop new features or products. Specifically, may use “Shared Video Content” (as defined in our Artificial Intelligence Video Sharing Terms Addendum) that you submit to improve our Artificial Intelligence (AI), Machine Learning (ML) and Computer Vision (CV) models, features, and functionality of our products and services. SimpliSafe’s use of any Shared Video Content shall be governed by the Artificial Intelligence Video Sharing Terms Addendum located at (http://simplisafe.com/ai-addendum), our Privacy Policy (https://simplisafe.com/privacy-policy), our Privacy Policy Supplement published under simplisafe.com/legal, or otherwise provided at simplisafe.com/legal. You can change your settings and consent to sharing video and audio in this manner at any time within your app settings.
D. Regional limitations on Certain Features or Services
a. Certain features are not available in certain cities and states, based on local laws and restrictions.
i. Collection / processing of personal information and biometric information, such those that could take place in facial recognition processes, is not currently available in Illinois, Texas, Portland (OR), outside of the U.S., or where otherwise prohibited by law (“Restricted Locations”).
ii. By subscribing to and using Outdoor Monitoring Services, you are representing and warranting that your monitored locations are not located in any of these Restricted Locations.
b. SS reserves the right to revise its offerings - making certain features or product capabilities available or unavailable in certain locations - at any time based on updates in local laws or otherwise based on its sole discretion.
E. Supplemental System Requirements
a. External Power. Use of Outdoor Security Camera Series 2 with the Outdoor Monitoring Services requires the camera to be plugged into continuous external power, for example, using the Outdoor Camera Power Cable.
b. Camera Mounting Height Limitation. If you intend to mount your Outdoor Security Camera Series 2 camera at a height above 6.5 feet, use a SimpliSafe fixed camera mount (sold separately) to reduce risk of damage to the camera or injury from unexpected detachment.
c. Connectivity Requirements. Use of Video Doorbell Pro or Outdoor Security Camera Series 2, as well as proper functionality of the Outdoor Monitoring Services requires reliable connection to the Internet using a connection in compliance with Our network specifications.