If You are an individual, You must be an adult of at least 18 years of age to obtain or use any Fidelity ADT Secure Ajax Services, and by accepting these Terms, You confirm that (a) You are an adult of at least 18 years of age, and (b) You are accepting these Terms on behalf of Yourself and all others in Your household who will use the Fidelity ADT Secure Ajax Services (You and such other users of the Fidelity ADT Secure Ajax Services, collectively, “Users”). If You are an entity, by accepting these Terms, You confirm (through Your duly authorized representative) that (a) Your authorized representative is an adult of at least 18 years of age, and (b) You are a corporation, partnership or other legal entity, duly formed (and incorporated if applicable) and in good standing where required to do business with all legal authority and power to accept these Terms, (c) these Terms constitute a valid and binding obligation for You, and (d) You agree to these Terms on behalf of Yourself and all other Users of the Fidelity ADT Secure Ajax Services.
FIDELITY ADT RESERVES THE RIGHT UPON NOTICE TO YOU TO CHANGE, MODIFY, ADD OR REMOVE ANY MOBILE APPS OR INTERACTIVE SOFTWARE, IN WHOLE OR IN PART. YOU MAY WITH THE CHANGES MADE GIVE NOTICE TO HAVE THE AGREEMENT TERMINATED BY GIVING WRITTEN NOTICE. CHANGES TO THIS SITE OR ANY MOBILE APPS OR INTERACTIVE SOFTWARE WILL BE EFFECTIVE WHEN YOU ACCEPT THE PROPOSED CHANGES AS COMMUNICATED TO YOU. THESE TERMS GOVERN YOUR USE OF THIS SITE, ANY MOBILE APPS OR ANY INTERACTIVE SOFTWARE. IN THE EVENT THAT YOUR ALARM SERVICES CONTRACT (DEFINED BELOW) TERMINATES FOR ANY REASON OR ANY ALLEGED OR ACTUAL VIOLATION OF THESE TERMS OR GOVERNING LAW OCCURS, FIDELITY ADT MAY, IN ITS SOLE DISCRETION WITH WRITTEN NOTICE, BLOCK OR RESTRICT YOUR ACCESS TO THIS SITE, ANY MOBILE APPS AND/OR ANY INTERACTIVE SOFTWARE AND/OR PURSUE LEGAL ACTION AGAINST YOU.
These Terms are in addition to any agreement (as amended, restated, modified or supplemented and including all exhibits, schedules, riders and other attachments to such agreement, the “Alarm Services Contract”) entered into by and between You and Fidelity ADT with respect to the Fidelity ADT Secure Ajax Services or any additional alarm installation, monitoring or other services provided by Fidelity ADT. You agree that these Terms are an integral part of Your Alarm Services Contract and are incorporated therein by this reference. In the event of any conflict between these Terms and your Alarm Services Contract, the terms of your Alarm Services Contract shall govern.
YOU AGREE THAT FIDELITY ADT IS NOT AN INSURER AND IS NOT PROVIDING YOU WITH INSURANCE OF ANY TYPE. THE AMOUNTS YOU PAY FIDELITY ADT ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF YOUR PROPERTY, ANYONE ELSE’S PROPERTY LOCATED IN YOUR PREMISES OR ANY RISK OF LOSS AT YOUR PREMISES. INSTEAD, THE AMOUNTS YOU PAY ARE BASED SOLELY UPON THE VALUE OF THE SERVICES FIDELITY ADT PROVIDES AND UPON THE LIMITED LIABILITY FIDELITY ADT ASSUMES UNDER THESE TERMS. IF YOU WANT INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS AT YOUR PREMISES, YOU AGREE THAT, IF REQUIRED, YOU WILL CONTRACT FOR SUCH INSURANCE SEPARATELY. IN THE EVENT OF ANY LOSS, DAMAGE OR INJURY, YOU WILL LOOK EXCLUSIVELY TO YOUR INSURER AND NOT TO FIDELITY ADT TO COMPENSATE YOU OR ANYONE ELSE. YOU RELEASE AND WAIVE FOR YOURSELF AND YOUR INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST FIDELITY ADT ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE OR INJURY.
FIDELITY ADT’S SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO DETECT OR AVERT, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, ROBBERIES AND MEDICAL PROBLEMS. FIDELITY ADT MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SERVICES PROVIDED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. FIDELITY ADT DOES NOT UNDERTAKE ANY RISK THAT YOU OR YOUR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH YOU, NOT FIDELITY ADT. YOU RELEASE, WAIVE, DISCHARGE AND PROMISE NOT TO SUE OR BRING ANY CLAIM OF ANY TYPE AGAINST FIDELITY ADT FOR LOSS, DAMAGE OR INJURY RELATING IN ANY WAY TO THE SERVICES PROVIDED BY FIDELITY ADT.
EXCLUSIVE REMEDY. IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE BY FIDELITY ADT TO PERFORM ANY OF ITS OBLIGATIONS UNDER THESE TERMS. UNDER NO CIRCUMSTANCES WILL YOU ATTEMPT TO HOLD FIDELITY ADT LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY. IF, NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, FIDELITY ADT IS FOUND LIABLE FOR LOSS, DAMAGE OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SERVICES PROVIDED BY FIDELITY ADT, FIDELITY ADT’S LIABILITY TO YOU SHALL BE LIMITED TO A SUM EQUAL TO 10% OF YOUR ANNUAL SERVICE CHARGES FOR THE FIDELITY ADT SECURE AJAX SERVICES, AS LIQUIDATED DAMAGES. THIS AGREED-UPON AMOUNT IS NOT A PENALTY AND YOU CONFIRM THAT THESE SUMS REPRESENT A GENUINE PRE-ESTIMATE OF YOUR LOSS. RATHER, IT IS YOUR SOLE REMEDY. UPON YOUR REQUEST, FIDELITY ADT MAY AGREE TO ASSUME LIABILITY BEYOND WHAT IS PROVIDED FOR IN THIS PARAGRAPH BY ENTERING INTO A WRITTEN AMENDMENT TO THESE TERMS SETTING FORTH THE EXTENT OF FIDELITY ADT’S LIABILITY AND THE ADDITIONAL CHARGES TO YOU.
THE ABOVE LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDY APPLY NO MATTER HOW THE LOSS, DAMAGE, INJURY OR OTHER CONSEQUENCE OCCURS, EVEN IF DUE TO THE PERFORMANCE OR NON PERFORMANCE BY FIDELITY ADT OF ITS OBLIGATIONS UNDER THESE TERMS OR FROM NEGLIGENCE (ACTIVE OR OTHERWISE), STRICT LIABILITY, TO THE EXTENT PERMITTED BY LAW, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED FAULT ON THE PART OF FIDELITY ADT, AND ITS AGENTS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES, AFFILIATES, PARENTS (BOTH DIRECT AND INDIRECT), RESELLERS, SUPPLIERS, LICENSORS AND OTHER PARTNERS (“FIDELITY ADT ASSOCIATED PARTIES”).
IF ANY OTHER PERSON, INCLUDING YOUR SUBROGATING INSURER, MAKES ANY CLAIM OR FILES ANY LAWSUIT AGAINST FIDELITY ADT IN ANY WAY RELATED TO THE SERVICES PROVIDED BY FIDELITY ADT TO YOU, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD FIDELITY ADT HARMLESS FROM ANY AND ALL SUCH CLAIMS AND LAWSUITS, INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND ATTORNEYS’ FEES. YOUR DUTY TO DEFEND IS SEPARATE AND DISTINCT FROM YOUR DUTY TO INDEMNIFY AND HOLD HARMLESS AND ARISES UPON THE ASSERTION OF A CLAIM OR DEMAND AGAINST FIDELITY ADT AND REGARDLESS WHETHER FIDELITY ADT HAS BEEN FOUND LIABLE OR WHETHER FIDELITY ADT HAS INCURRED ANY EXPENSE.
THESE TERMS, AND IN PARTICULAR THE LIMITATIONS, EXCLUSIONS OF LIABILITY, INDEMNITIES, DISCLAIMERS, WAIVERS, REMEDIES AND OTHER PROTECTIONS SET FORTH HEREIN SHALL APPLY TO AND BENEFIT FIDELITY ADT AND CONSTITUTE A CONTRACT FOR THE BENEFIT OF THE FIDELITY ADT ASSOCIATED PARTIES WHICH SHALL BE CAPABLE OF ACCEPTANCE AT ANY TIME BY ANY OF THE FIDELITY ADT ASSOCIATED PARTIES BY WRITTEN NOTICE TO THAT EFFECT TO FIDELITY ADT. PRIOR TO ACCEPTANCE, YOU MAY NOT WITHDRAW THE BENEFIT OF THIS STIPULATION WITHOUT THE PRIOR WRITTEN CONSENT OF FIDELITY ADT. THESE TERMS SHALL BE BINDING ON AND SHALL INURE FOR THE BENEFIT OF OUR AND YOUR SUCCESSORS AND PERMITTED ASSIGNS AND PERSONAL REPRESENTATIVES (AS THE CASE MAY BE). THE FIDELITY ADT ASSOCIATED PARTIES SHALL HAVE THE RIGHT TO ENFORCE THESE TERMS DIRECTLY AGAINST YOU OR ANY OTHER PERSON REFERRED TO HEREIN.
In addition to the foregoing, your use of the FIDELITY ADT Secure Ajax Services, including your access to and use of the Site and Mobile Apps, is subject to the following additional terms:
- You assume full responsibility for: the purchase, selection, placement, relocation, direction, operation and presence of the equipment installed in or around the property for which you have subscribed for FIDELITY ADT Secure Ajax Services (“Premises”) to support such FIDELITY ADT Secure Ajax Services (each, a “Device”), including, without limitation, any:
- Fidelity ADT enabled intrusion alarm equipment installed at Your Premises (“Alarm Equipment”),
- Gateway or other communication device used in connection with the FIDELITY ADT Interactive Services (“Gateway”);
- Cameras, and other recording devices;
- Facility automation equipment, including, without limitation, any thermostat, heating/air conditioning systems, lighting systems, doors, garage doors, fans, blinds, shutters, locks, appliances and other similar household items (“Premises Automation Equipment”); and
- Other peripheral devices used as part of the Fidelity ADT Secure Ajax Services at any time.
- You assume full responsibility for: (a) the recording, transmission, transfer or other use of any sound, images or other data captured by any Device; (b) the manner of Your use of the Fidelity ADT Secure Ajax Services, any Device or any sound, image or other data captured any Device; (c) operating, setting, arming, disarming, viewing, configuring, modifying, reviewing and controlling the Fidelity ADT Secure Ajax Services and any Device; (d) complying with all applicable laws, rules, regulations and ordinances in connection with the use and operation of the Fidelity ADT Secure Ajax Services and any Device; (e) paying for and providing compatible Internet connectivity in order to utilize the Fidelity ADT Secure Ajax Services; (f) paying for and providing web-enabled computers, personal digital assistants, smartphones, tablets and other mobile devices (collectively, “PDA’s”) or other interface devices in order for You and the other Users to utilize the Fidelity ADT Secure Ajax Services; and (g) each User’s use of the Fidelity ADT Secure Ajax Services and associated Devices. The Fidelity ADT Secure Ajax Services are intended to be used only in conjunction with Your Alarm Equipment, Gateway and other Devices, and not as a separate system.
- You shall, and shall cause the other Users to, fully comply with all applicable laws governing the placement, presence, operation and use of the Fidelity ADT Secure Ajax Services, each Device and the computer, PDA or other interface devices used to utilize the Fidelity ADT Secure Ajax Services. You are solely responsible for being informed about any such laws, rules, or regulations. If We have any reason to suspect that You are violating any applicable law, rule, or regulation, We may investigate the suspicion and determine in Our sole discretion whether to notify the proper authorities and/or terminate Your access to the Fidelity ADT Secure Ajax Services. You agree that We may, to the extent permitted by law and without notice to You, disclose any of Your electronic communications of any kind to satisfy any law, regulation, or government request; or if such disclosure is necessary to protect Our rights or property or the rights or property of any third party.
- YOU UNDERSTAND THAT THE DEVICES USED WITH THE FIDELITY ADT SECURE AJAX SERVICES MAY INCLUDE CAMERAS AND OTHER DEVICES THAT PRODUCE LIVE AND ARCHIVED VIDEO, AUDIO AND OTHER RECORDINGS. IF YOUR INTERACTIVE SOLUTIONS EQUIPMENT INCLUDES CAMERAS AND OTHER DEVICES THAT PRODUCE SUCH RECORDINGS, YOU SHALL COMPLY WITH ALL APPLICABLE LOCAL LAWS GOVERNING THE PLACEMENT, PRESENCE, OPERATION AND USE OF SUCH CAMERAS AND OTHER DEVICES AND SHALL FULLY AND CONSPICUOUSLY NOTIFY PERSONS IN OR AROUND THE PREMISES, WHETHER BY USE OF LEGIBLE SIGNS OR OTHER APPROVED COMMUNICATIONS, THAT THEIR ACTIVITIES MAY BE RECORDED. ADDITIONALLY, YOU SHALL PROVIDE ANY OTHER DISCLOSURE THAT MAY BE REQUIRED BY APPLICABLE LAW. YOU SHALL INDEMNIFY, AND AT YOUR OWN COST AND EXPENSE, HOLD HARMLESS FIDELITY ADT AND THE FIDELITY ADT ASSOCIATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES AND COSTS OR EXPENSES OF ANY KIND GROWING OUT OF OR BY REASON OF ANY SUCH RECORDINGS, THE RELEASE, REPRODUCTION, CIRCULATION, PUBLICATION OR EMPLOYMENT OF ANY SUCH RECORDINGS, ANY VIOLATION OF ANY LAW IN CONNECTION THEREWITH BY ANYONE AND ANY BREACH BY YOU OR ANY USER OF THESE TERMS, INCLUDING BUT NOT LIMITED TO CAUSES OF ACTION FOR PERSONAL INJURY, VIOLATION OF PRIVACY, FALSE ARREST OR IMPRISONMENT AND MALICIOUS PROSECUTION.
- You acknowledge that a number of factors in Your Premises that are outside of Our control, such as low light conditions, power outages, interference from other electrical appliances, Internet service issues such as download speed or interruptions or failure of Internet service, that can affect Your ability to view and record images and other data. You further acknowledge and agree that We make no representations, promises or warranties with regards to, and that You have reviewed and found acceptable, the placement, image quality, resolution, clarity, color or other viewing attributes of any camera or other recording Device.
- You understand that: (a) We may, directly or through third-party service providers, transmit, record, store, provide and receive unencrypted data, images, audio, e-mails and text messages via the Internet, or wired, wireless or other telecommunication system in the course of performing and providing the Fidelity ADT Secure Ajax Services (“Transmissions”), including, without limitation, live and recorded pictures, videos and audio of the Premises and persons and other images and audio in and around the Premises, and (b) We cannot and do not warrant, assure, or guarantee the integrity, accuracy, confidentiality or security of any Transmission of or from any unauthorized or unexpected use, disclosure, corruption, interception or other improper act (collectively, “Security Risks”). YOU HEREBY ASSUME, RELEASE AND DISCHARGE FIDELITY ADT AND THE FIDELITY ADT ASSOCIATED PARTIES OF AND FROM AND SHALL UPON DEMAND INDEMNIFY AND HOLD HARMLESS FIDELITY ADT AND THE FIDELITY ADT ASSOCIATED PARTIES FROM ALL SECURITY RISKS AND ANY AND ALL LOSS, DAMAGE AND LIABILITY CAUSED BY THE SECURITY RISKS. IF WE STORE ANY TRANSMISSIONS, WE CANNOT AND DO NOT WARRANT, ASSURE OR GUARANTEE THE LENGTH OF TIME WE WILL STORE SUCH TRANSMISSIONS.
- You are required to provide broadband or other Internet connectivity at the Premises that is compatible with the Alarm Equipment, Gateway and other Devices in order to utilize certain Fidelity ADT Secure Ajax Services. Fidelity ADT is responsible for configuring the settings on the Alarm Equipment, Gateway and other Devices only to work with Your compatible Internet service provider network (the “Network”), and neither Fidelity ADT nor any Fidelity ADT Associated Party shall be responsible for altering Your Network, computer or PDA settings in any way including, without limitation, any firewall settings. We are not responsible for the setup, operation, maintenance or compatibility of Your Network, computer and/or PDA with the Alarm Equipment, Gateway, other Devices or any telecommunications or other connectivity charges (including SMS charges) incurred as a result of using the Fidelity ADT Secure Ajax Services. You acknowledge and agree that You shall be solely responsible for all disputes with any telephone/Internet service company related to the same. The speed and quality of remote video viewing is directly dependent upon the speed and quality of Your Network, computer and/or PDA used with the Alarm Equipment, Gateway and other Devices. We are not responsible for performance issues or failures resulting from the Network or any hardware, software or other service provided by You for use with the Fidelity ADT Secure Ajax Services including, without limitation, Internet latency, local area networks and non-conforming or non-compatible computer or PDA hardware or software. You are responsible for purchasing, at Your expense, any equipment required to connect the Alarm Equipment, Gateway and other Devices to Your Network including, without limitation, a router and any network switches needed to complete the installation of the Alarm Equipment, Gateway and other Devices and Your utilization of the FIDELITY ADT Secure Ajax Services.
- Use of certain Fidelity ADT Secure Ajax Services features requires You to: (a) have access to the Internet and an e-mail or text-message address; (b) accept and continue to accept these Terms and any other terms and conditions required for access to and use of the Site and Mobile Apps, as such terms and conditions may change from time to time; and (c) obtain valid User identifications and/or passwords to access the Site and use the Mobile Apps. You may have the option to remain logged onto the Site or continue to operate a Mobile App from Your PDA or other equipment for an extended period. If others obtain Your PDA or access to such other equipment while it is logged onto the Site or Mobile App, they may be able to view the images, and access audio and data contained on or transmitted to the Site or Mobile App, including personal and private information. You are solely responsible for the security of Your PDA or other equipment used to log onto the Site and operation the Mobile App, and You release Fidelity ADT and the Fidelity ADT Associated Parties from and shall upon demand indemnify and hold Fidelity ADT and the Fidelity ADT Associated Parties harmless from any loss, damage or other liability arising from any person obtaining access to Your personal and private information through Your PDA or other equipment used to log onto the Site or utilize the Mobile Apps.
- The Fidelity ADT Secure Ajax Services may include or be configured by You to provide: (a) supplementary e-mail or text-message notifications (collectively, a “Supplementary Alarm Notice”) of certain alarm signal events received by alarm monitoring company from Your Alarm Equipment (each an “Alarm Event Signal”); and/or (b) e-mail or text-message notifications (collectively, an “Electronic Notice”) of certain non-alarm signal events, such as changes-of-state of Your Premises Automation Equipment and other Devices, or the occurrence or non-occurrence of certain events capable of detection by Your Premises Automation Equipment and other Devices (“Non-Alarm Event”). You may configure your FIDELITY ADT Secure Ajax Services to receive a Supplementary Alarm Notice and/or an Electronic Notice and transmit such notice to a properly entered and applicable e-mail or text-message address (“Electronic Address”) as part of Your configuration of Your FIDELITY ADT Secure Ajax Services. In order to receive and review a Supplementary Alarm Notice and/or an Electronic Notice, Your e-mail or text-message software must be compatible with the Gateway and the FIDELITY ADT Secure Ajax Service e-mail and text-message system. Any additional or updated software, hardware or service or any adjustments or repairs to Your e-mail, text-message or Internet system, service or devices required to assure such compatibility will be obtained by You at Your expense. You understand that (a) there may be times when a Supplementary Alarm Notice and/or an Electronic Notice will not be transmitted by the Devices or received by You, and (b) a Supplementary Alarm Notice and/or an Electronic Notice may be impaired or interrupted by conditions or circumstances beyond Our control, including, without limitation, power outages, telecommunication failures, intermittent signals, interference, or areas without telecommunication network signals, Internet failures, computer viruses or problems with Internet service providers. We do not make any representation or warranty concerning the deliverability, quality, readability, reliability, timeliness, privacy or security of any Supplementary Alarm Notice and/or Electronic Notice. You understand that a Supplementary Alarm Notice may be transmitted and received by You before your alarm monitoring company has received and responded to the related Alarm Event Signal. YOU SHOULD NOT ENTER AND YOU SHOULD PREVENT OTHERS FROM ENTERING YOUR PREMISES AFTER YOU OR ANYONE ON YOUR EMERGENCY CONTACT LIST HAS RECEIVED A SUPPLEMENTARY ALARM NOTICE OF A BURGLARY, PANIC, DURESS OR ANY OTHER ALARM EVENT SIGNAL THAT MIGHT INDICATE AN INTRUDER HAS ENTERED YOUR PREMISES WITHOUT BEING ACCOMPANIED BY THE POLICE OR ANOTHER LICENSED SECURITY OR PUBLIC SAFETY OFFICER. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT, UNLESS YOU HAVE ENTERED INTO A WRITTEN AGREEMENT WITH US TO PROVIDE ALARM MONITORING SERVICES, WE DO NOT MONITOR YOUR ALARM SYSTEM AND WILL NOT CONTACT LAW ENFORCEMENT, EMERGENCY SERVICES OR ANYONE ELSE IN THE EVENT OF ANY ALARM SIGNAL.
- YOU UNDERSTAND THAT THE FIDELITY ADT SECURE AJAX SERVICES ARE NOT INTENDED TO BE AN ELECTRONIC SECURITY SYSTEM OR A MEANS TO HELP PROTECT YOUR PREMISES OR PERSONS AND PROPERTY LOCATED IN OR AROUND YOUR PREMISES. ABSENT AN EXPRESS AGREEMENT TO PROVIDE HARDWARE MAINTENANCE SERVICES, FIDELITY ADT IS NOT RESPONSIBLE FOR THE OPERATION, MAINTENANCE, REPAIR OR REPLACEMENT OF ANY HOUSEHOLD EQUIPMENT/SYSTEMS AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR LIABILITIES OF ANY KIND OR NATURE WITH RESPECT TO ANY HOUSEHOLD EQUIPMENT/SYSTEMS THAT ARE CONNECTED TO THE INTERACTIVE SOLUTIONS EQUIPMENT OR ANY DEVICE AS PART OF THE INTERACTIVE SOLUTIONS SERVICES.
- In light of the inherent and unpredictable nature of radio waves, radio wave interference, inconsistencies with broadband or Internet service, risk of human error, and the inherent possibilities of mechanical, electrical or other deficiencies or limitations in electronic equipment and software, We cannot and do not guarantee or warrant the effective or uninterrupted working of the FIDELITY ADT Secure Ajax Services.
- The pages and materials contained on the Site and the Mobile Apps are Our property or are owned by a third party and are used by Us under license. This Site and any Mobile App is a secured online or mobile program that allows You to manage Your use of the FIDELITY ADT Secure Ajax Services. The FIDELITY ADT Secure Ajax Services incorporate software that consists of interactive Internet and mobile applications that perform a variety of communications over the Internet and telecommunications systems as part of their normal operation. Some of these communication features are automatic and are enabled by default. By agreeing to these Terms, You consent to the FIDELITY ADT Secure Ajax Services communication features, which include, among other things, communication of Your Account Information (defined later in these Terms) between the Devices and Our servers or the servers of our contractors. Once You use the Devices, User information including Your Password (as hereinafter defined) may be sent in communications with Our contractor’s and/or Our servers. This information is used to access Your Account and to provide the FIDELITY ADT Secure Ajax Services. Our contractors and We may match this information to personally identifiable information in order to provide You with the FIDELITY ADT Secure Ajax Services.
- Subject to these Terms, We grant You a non-transferable license during the period for which you are subscribed to the FIDELITY ADT Secure Ajax Services to use Your Site password (“Password”), this Site, any Mobile App and any Interactive Software to access Your Account on this Site and any Mobile Apps for Your own personal use, and to use the FIDELITY ADT Secure Ajax Services in accordance with the FIDELITY ADT Services Agreement, solely to facilitate Your business with Us. You agree that You will not permit or allow any third party to use or access Your Password, this Site, any Mobile App or any Personal Information contained therein (collectively, the “Account Information”) and that You shall not use any proprietary or confidential information contained in this Site, any Mobile App, any Interactive Software or Your Account Information for any purpose other than to facilitate Your business with Us. You may not publish, display, disclose, modify, distribute, or create derivative works based on this Site, any Mobile App, any Interactive Software, Your Account Information or any part thereof other than in the regular course of facilitating Your business with Us. You may not reverse engineer, recompile, translate, adapt or disassemble this Site, any Mobile App, any Interactive Software, or any part thereof, except as required by applicable law. You may not transmit Your Account Information, excluding personal information, to any third party without Our prior written approval. You agree to comply with all trademark, copyright and other laws worldwide in Your use of this Site, any Mobile App or any Interactive Software and to prevent any unauthorized copying or distribution of the materials and information contained on this Site, any Mobile App or any Interactive Software. Except as expressly provided herein, We do not grant any express or implied right to You under any patents, trademarks, copyrights, or trade secret information.
- You have no ownership rights in this Site, any Mobile App, any Interactive Software or Your Account Information. Rather, You have a license to use this Site any Mobile App, and any Interactive Software and to access Your Account Information as long as these Terms remain in force and effect. You understand and agree that We may revoke Your use of this Site any Mobile App, any Interactive Software or Your Account Information at any time in Our sole discretion. Ownership of this Site any Mobile App, any Interactive Software and Your Account Information, and all intellectual property rights therein, shall remain at all times with Us and Our licensors. We expressly reserve all rights not granted to You herein. You may not remove any proprietary notices from Your Account Information. Any other use of this Site any Mobile App, any Interactive Software or Your Account Information by any person, business, corporation, government organization, or any other entity other than the uses permitted under these Terms is strictly forbidden.
- You acknowledge that this Site, any Mobile App, any Interactive Software and Your Account Information contain Our proprietary trade secrets and You hereby agree to maintain the confidentiality of this Site any Mobile App, any Interactive Software and Your Account Information using at least as great a degree of care as You use to maintain the confidentiality of Your own most confidential information. You agree to communicate these Terms to all persons who will have access to Your Password and Your Account Information, and to require such persons to be bound by similar confidentiality obligations.
- THE FIDELITY ADT SECURE AJAX SERVICES, THIS SITE, ANY MOBILE APP, ANY INTERACTIVE SOFTWARE AND YOUR ACCOUNT INFORMATION, AGENT INFORMATION AND SUPPLIER INFORMATION ARE PROVIDED FOR YOUR CONVENIENCE ONLY. WE AND OUR AGENTS AND SUBCONTRACTORS PROVIDE THIS SITE, ANY MOBILE APP, ANY INTERACTIVE SOFTWARE AND THE INTERACTIVE SOLUTIONS SERVICES ‘AS IS’ AND WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS SITE, ANY MOBILE APP, ANY INTERACTIVE SOFTWARE OR THE FIDELITY ADT SECURE AJAX SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THIS SITE, ANY MOBILE APP, ANY INTERACTIVE SOFTWARE OR THE FIDELITY ADT SECURE AJAX SERVICES WILL BE CORRECTED. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE, OR ANY MOBILE APP, WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA AND OUTPUT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ANY MOBILE APP, ANY INTERACTIVE SOFTWARE AND THE FIDELITY ADT SECURE AJAX SERVICES.
- YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THIS SITE OR ANY MOBILE APP OR INTERACTIVE SOFTWARE AGAINST ANY AND ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED IN RELATION TO, ARISING FROM, OR FOR THE PURPOSE OF AVOIDING, ANY CLAIM OR DEMAND FROM A THIRD PARTY THAT YOUR OR ANY OTHER USER’S USE OF THIS SITE, ANY MOBILE APP OR INTERACTIVE SOFTWARE VIOLATES THESE TERMS, ANY APPLICABLE LAW OR REGULATION, OR THE RIGHTS OF ANY THIRD PARTY. IN NO EVENT WILL WE, OUR SUPPLIERS OR LICENSORS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, MISUSE OF YOUR PASSWORD OR YOUR ACCOUNT INFORMATION BY ANY THIRD PARTY, OR LOSS OF YOUR INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE FIDELITY ADT SECURE AJAX SERVICES, THIS SITE, ANY MOBILE APP, INTERACTIVE SOFTWARE OR YOUR ACCOUNT INFORMATION OR FOR ANY CHANGES YOU MAKE TO YOUR ACCOUNT INFORMATION OR ANY CLAIM BY ANY OTHER PARTY, EVEN IF WE OR OUR SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- The trademarks, trade names, logos, service marks, trade dress and products (collectively the “Trademarks”) displayed on this Site or any Mobile App are Our registered and unregistered Trademarks and the registered and unregistered Trademarks of others. The Trademarks displayed on this Site are protected internationally. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site or any Mobile App without Our written permission or the written permission of the third party that owns such Trademark. Your use of the Trademarks displayed on this Site or any Mobile App, or any other content on this Site or any Mobile App, except as provided in these Terms, is strictly prohibited. You are also advised that We will aggressively enforce Our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. The materials on this Site and any Mobile App are protected by copyright and trademark laws of South Africa and other countries and are owned by or licensed to Us. All content on this Site and any Mobile App is owned or controlled by Us. You may download content only for Your personal use for non-commercial purposes, but no modification or further reproduction of the content is permitted. The contents of this Site and any Mobile App, including any images, text, audio, executable code and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted or otherwise used except as provided herein without the express prior written permission of Our Legal Department.
- Your license to use this Site, any Mobile App and any Interactive Software will immediately and automatically terminate without notice if You fail to comply with any of these Terms or any other FIDELITY ADT Services Agreement, or if Your Account is terminated or expires, or for any other reason at Our sole discretion. Upon such termination, Your Password will no longer be valid, and You shall no longer have the right to use or access the FIDELITY ADT Secure Ajax Services, this Site, any Mobile App, any Interactive Software or Your Account Information. All provisions relating to confidentiality, ownership rights, indemnity, limitation of liability, hold harmless and non-disclosure shall survive the termination of these Terms. IF THE FIDELITY ADT SECURE AJAX SERVICES ARE TERMINATED BY US OR YOUR ALARM DEALER OR MONITORING COMPANY: (A) YOU WILL NO LONGER RECEIVE (I) ANY SUPPLEMENTARY ALARM NOTICE OR ELECTRONIC NOTICE, (B) YOU WILL NO LONGER BE ABLE TO UTILIZE OR MONITOR THE FIDELITY ADT SECURE AJAX SERVICES DEVICES OR ANY IMAGES, AUDIO OR OTHER DATA CAPTURED BY THE FIDELITY ADT SECURE AJAX SERVICES DEVICES AND SUCH IMAGES, AUDIO AND OTHER DATA THEN STORED BY US WILL BE, IN THE NORMAL COURSE OF OUR BUSINESS, PERMANENTLY REMOVED FROM THE FIDELITY ADT SECURE AJAX SERVICES EQUIPMENT OR ANY OTHER DEVICE USED TO STORE SUCH IMAGES, AUDIO OR DATA AND (C) ANY AUTOMATIONS, SCHEDULES, SUPPLEMENTARY ALARM NOTICES AND ELECTRONIC NOTICES SET UP THROUGH THE FIDELITY ADT SECURE AJAX SERVICES SITE OR MOBILE APPS WILL NO LONGER BE IN EFFECT AND YOUR ACCESS TO THE FIDELITY ADT SECURE AJAX SERVICES SITE AND MOBILE APPS WILL BE DISCONTINUED. ALL ZIGBEE DEVICES THAT HAVE BEEN INSTALLED ON OR AROUND THE PREMISES MAY STILL FUNCTION IF YOU PURCHASE A LOCAL ZIGBEE CONTROL UNIT. THE DISCONTINUANCE OF THE FIDELITY ADT SECURE AJAX SERVICES SHOULD NOT AFFECT THE ABILITY OF THE ALARM EQUIPMENT TO COMMUNICATE WITH YOUR ALARM MONITORING COMPANY, IF ANY, UNLESS YOUR MONITORING SERVICE HAS ALSO BEEN DISCONTINUED.
- Our Commitment to Protecting Your Privacy: Your privacy is important to FIDELITY ADT. We’ve developed a robust Privacy Program and employ best practices in line with the Protection of Personal Information Act (Act 4 of 2013) amended from time to time, when it comes to protecting Your personal data. We follow the golden rule of protection of personal data: Limit, Guard & Delete.
20.1. Limit – We limit the extent the personal data We collect. We examine each business process carefully and only collect what We need to be able to provide the service You have signed up for.
20.2. Guard – If We have Your data, We do our outmost to protect it, its storage, its transmission, its full life-cycle. We control who has access to it and do not share Your data with those that do not have a legitimate need to know. We employ strong information security safeguards to make sure Your data is kept safe and secure, while it is with us. We give You the option to check, update or enquire about Your personal data.
20.3. Delete – once We no longer need Your data, We make sure We delete it and We ask the same of our business partners.
BY AGREEING TO THESE TERMS AND ENTERING INTO AN ALARM SERVICES CONTRACT WITH US IN ORDER TO OBTAIN FIDELITY ADT SECURE AJAX SERVICES, YOU GIVE US YOUR CONSENT TO PROCESS YOUR PERSONAL DATA THAT IS NEEDED IN ORDER TO PROVIDE THESE (PRODUCT/SERVICES). This may include sensitive personal data (including audio, video and other data from Your Premises) and you consent to its transfer to third parties and/or abroad, as needed to fulfill the purpose for which these were collected. We only do so to fulfill the obligations We have to You under the Contract. You have the right to revoke this consent by sending an email to such effect to firstname.lastname@example.org. However please note, following that, You may not be able to obtain further FIDELITY ADT Secure Ajax Services, as these require personal data processing.
- This Agreement shall be governed by the laws of the Republic of South Africa and You consent to the jurisdiction of the North Gauteng High Court, Pretoria. These Terms, in conjunction with Your obligations under each other FIDELITY ADT Services Agreement and any separate end user licenses included with any Mobile App or Interactive Software, shall constitute the entire Agreement between the parties hereto. If a court of competent jurisdiction finds any part of these Terms invalid or unenforceable, the remainder of these Terms shall be interpreted so as to reasonably enforce the intention of the parties.
- For any questions concerning these Terms or this Site, please contact Us by emailing Us at email@example.com.
Applied from 1 December 2021