Last updated: Feb 25, 2019
Trifo Inc. (“we” or “us”) reminds you to carefully read and fully understand these terms of service before using our website www.trifo.com, Trifo Home app and any hardware or software product we provide.
By using our websites, products or service, you agree to and are bound by the following terms of service without limitation or qualification. If you do not accept these terms of service, you should not use our websites, products or service.
You should be at least 18 years old for visiting our websites, using our products or service under the supervision of a parent or guardian. Otherwise, we will not be liable for any damages caused by or arising from your using of our websites, products or service.
Information about us
When we refer to Trifo (“we” o r “us”), we mean Trifo Inc. Our company is at 4633 Old Ironsides Drive, Santa Clara, CA 95054.
Our products and service
The products and service we provide to you include: (1) Trifo’s website: www.trifo.com ; (2) Trifo Home app for you to download to your smart devices free of charge and can work with your Trifo hardware; (3) Trifo’s hardware and other services.
Updates and upgrades
We may from time to time deploy patches, bug fixes, updates, upgrades or other modifications to the Trifo Home app or software on your Trifo products to improve performance of product software and service, or address security concerns. You agree that these updates and upgrades may automatically be deployed without any additional notice. If you do not agree to these updates and upgrades, then all of the functionality or features of your Trifo products may not be available to you. If you do not cease using your Trifo products, you may receive updates and upgrades automatically. Your continued use of Trifo products means that you agree to these updates and upgrades.
Registration and Security
Some of our services such as the Trifo website or Trifo Home app may require or allow you to create an account with us, with a user ID and password. You agree that you will provide only accurate, complete, and up-to-date information. You are responsible for ensuring the confidentiality of your password, and are responsible for anything that anyone does while logged in to your account. You are required to let us know immediately if you suspect that someone is using your account without your permission. We are not responsible for any loss or damage arising from your failure to comply with these obligations.
You are responsible for keeping your password confidential. We are not responsible for any unauthorized use of your account. If you know or suspect that your password is disclosed, you must promptly change your password and contact us at info[at]trifo.com .
Protection of personal information
Third party links
Our product software and website may contain links to third-party contents. Trifo does not have any control over and is not responsible for any third-party content. Links to third-party websites do not mean that Trifo endorses the content of such websites. If you access third-party websites from Trifo’s software or website, you do so entirely at your own risk. Please review carefully the third-party’s policies and make sure you understand them before you use any third-party content.
You are permitted to use our website or product software for your own personal, non-commercial purposes. You agree that you will not use them for any unlawful purpose, in a way prohibited by the Terms, or in a manner that interferes with our operation of, or any user’s use and enjoyment. For example, when using our website you agree not to:
• Use any hacking or cheating software or tools;
• Use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by us to access the Site, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via our website or product software;
• Upload files that may damage our website or product software;
• Attempt to modify any content on Trifo website or product software in a way that we have not permitted.
If you would like to report a violation of these Terms, please contact us at info[at]trifo.com .
Intellectual property rights
All worldwide copyrights, trademarks, trade secrets and other intellectual property rights appearing on our website and service are the exclusive property of Trifo and its licensors. Your use of the product grants you no rights in relation to our or our licensors’ intellectual property rights. Without Trifo’s authorization, anyone should not publish, copy, commercially exploit, redistribute or make derivative works of the content of Trifo’s products and service.
Certain items of software included in the Product Software are subject to “open source” or “free software” licenses (“open source software”). Some of the Open Source Software is owned by third parties and is not subject to these Terms of Services. Instead, each item of open source software is licensed under the terms of the end user license that accompanies such open source software. Nothing in these Terms of Service limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the open source software.
Term and Termination
These Terms of Service and the license granted hereunder are effective on the date you first use the product or the product software and shall continue for as long as you own the product, unless these Terms of Service are terminated under this section. Trifo may terminate these Terms of Service at any time if you fail to comply with any term(s) hereof. You may terminate these Terms of Service effective immediately upon written notice to Trifo. Upon termination of these Terms of Service, the license granted hereunder will terminate and you must stop all use of the product and the product software. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.
We reserve the right to change, suspend or discontinue all or any aspect of our service at any time without notice.
Choice of law and dispute resolution
This agreement and the resolution of any disputes shall be governed by the laws of the State of California. Y ou agree to try to resolve the dispute with Trifo informally before filing a claim against Trifo. If the disputes cannot be resolved by negotiation, both parties agree to submit the dis pute to the State of California Court with exclusive jurisdiction located at Trifo’s domicile.
No class actions
You may only resolve disputes with Trifo on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRIFO PROVIDES THE WEBSITE, PRODUCT SOFTWARE AND ANY OTHER SERVICE “AS-IS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TRIFO DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE WEBSITE, PRODUCT SOFTWARE OR ANY OTHER SERVICE. TRIFO MAKES NO WARRANTY THAT THE WEBSITE, PRODUCT SOFTWARE AND ANY OTHER SERVICE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.
YOU USE ALL TRIFO PRODUCT AND SERVICE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND TRIFO DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HOME AND ALL ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION OR PRODUCT SOFTWARE.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON LEGAL WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of liability
Nothing in these Terms of Service and in particular within this "Limitation of Liability" clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) TRIFO BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE WEBSITE, PRODUCT SOFTWARE, EVEN IF TRIFO KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) TRIFO’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE WEBSITE, PRODUCT SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO TRIFO OR TRIFO’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. TRIFO DISCLAIMS ALL LIABILITY OF ANY KIND OF TRIFO’S LICENSORS AND SUPPLIERS.
Change to these Terms of Service
We may modify these Terms of Service from time to time. When these Terms of Service are changed, we will send you the updated Terms of Service via ways such as email or push notification. You can review these Terms of Service from our website or application.
If any term of these Terms of Service is disallowed or found to be unenforceable, then that term should be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining terms.
Notices will be provided to you by email, written communication sent by postal service, or posting to our website or product software.
If you do not understand any of the Terms of Service or if you have any questions about these Terms of Service, please contact us at: info[at]trifo.com .