We are pleased to offer you the opportunity to use our My Sub-Zero Smart Appliance Application (the “App) and Smart Appliance Services (the “Services”).
To use the connected functionality of your Smart Appliance using the Services and the App, you must create a user account or use an existing account.
- Creating an Account. To use the Services or the App, you must create a user account with us online (“Account”). When you create an Account, we ask you to provide certain personal information such as your name, address and email address (“Personal Information”). You agree to provide truthful information, not to submit false information, and not to impersonate any third party. We will also ask you to provide your Smart Appliance serial number and installation date.
- UPDATES. YOU WILL BE REQUIRED TO UPDATE THE SERVICES OR THE APP TO CONTINUE USING THEM. YOU ACKNOWLEDGE THAT WE MAY UPDATE THE SERVICES OR THE APP WITHOUT REQUIRING ANY ADDITIONAL CONSENT OR ACTION FROM YOU, AND YOU CONSENT TO SUCH UPDATE BY CONTINUING TO USE THE SERVICES OR THE APP.
- Closing Your Account. If you no longer wish to use the App or the Services, you have the right to delete your Account at any time. If you keep a Smart Appliance connected to Wi-Fi after you close the Account, you may still be transmitting data from your Smart Appliance to Sub-Zero, unless you disconnect your Smart Appliance from the Wi-Fi router.
- Ownership and Use of the App and the Services. Sub-Zero, or its licensors, owns the Services and the App, and their respective content, features and functionality (“Content”). The Services, the App and their Content are protected by copyright, trademark and other intellectual property laws (“Intellectual Property Laws”).
- Prohibited Uses. Users of the Services or the App agree that they will not:
- use the Services or the App in any manner that could disable, overburden, damage or impair the Services or the App, or their functionality, or interfere with any other party’s access to or use of the Services or the App;
- use any automatic device, process or means to access the Services or the App for any purpose, including monitoring or copying any Content on the Services or the App;
- attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Services or the App, the Services or the App servers, or any server, computer or database connected to the Services or the App;
- use any device, software or routine that interferes or attempts to interfere with the proper functionality of the Services or the App;
- alter, damage or delete any Content provided by us;
- impersonate any person or entity;
- provide or introduce any virus, Trojan horse, worm, ransomware or other malware which is malicious or technologically harmful;
- impose an unreasonable or disproportionately large load on our computer system, including, but not limited to, sending spam or unsolicited mass email; and
- otherwise attempt to interfere with the Content or proper functionality of the Services or the App.
- Trademarks. We own certain international, federal and state trademarks which we utilize in conjunction with the sale of our Smart Appliances, the Services, and the App. We retain all rights in our trademarks and logos. You are not permitted to use our trademarks or logos without our prior, express written permission, which we may deny in our sole discretion.
- Sale or Transfer of a Smart Appliance. If you choose to sell or transfer your Smart Appliance to another person, or permit another person to use your Smart Appliance, you agree to:
- Immediately notify us or update or deactivate your Account, as applicable.
- Terminate your own Account and not attempt to access or interfere with access to the Smart Appliance after sale or transfer of that Smart Appliance.
Right to Terminate
In providing or posting any material, information, idea or content, including any reviews, comments, suggestions or feedback (“User Submission”) regarding the Smart Appliance, the Services or the App, you represent and warrant to Sub-Zero that you own or have the legal right to share such User Submissions, that the User Submissions are true and accurate and that such content will not cause harm to any third party.
We will treat User Submissions as non‑confidential and non‑proprietary. By providing any User Submission, you grant us a non‑exclusive, royalty-free, perpetual, irrevocable, transferable and sublicensable right to use, reproduce, modify, perform, display, distribute, adapt, publish, translate, prepare derivative works from, and disclose to third parties any such User Submissions for any purpose. We may share your User Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing our products and services. We are not obligated to pay any compensation to you for a User Submission.
USE OF THIRD-PARTY DEVICE
YOU USE THE SERVICES AND THE APP AT YOUR OWN RISK. WE PROVIDE THE SERVICES AND THE APP ON AN “AS‑IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON‑INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. WE MAKE NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES AND THE APP, NO WARRANTY THAT THE SERVICES OR THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, AND NO WARRANTY THAT DEFECTS IN THE SERVICES OR THE APP WILL BE CORRECTED. WE MAKE NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, TIMELINESS, OR AVAILABILITY OF THE SERVICES OR THE APP, OR ANY ERRORS OR OMISSIONS IN THE SERVICES OR THE APP.
YOUR EXCLUSIVE REMEDY FOR ISSUES RELATED TO THE OPERATION OF THE APP, THE SERVICES, OR THE CONNECTED FUNCTIONALITY OF YOUR SMART APPLIANCE, IS TO STOP USING THE APP, THE SERVICES, OR THE CONNECTED FUNCTIONALITY OF THE SMART APPLIANCE.
UNDER CERTAIN PROVISIONS OF STATE AND FEDERAL LAW, THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS BY OPERATION OF LAW.
THIS PROVISION ALSO APPLIES TO ALL OF OUR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND SERVICE PROVIDERS.
DISPUTE RESOLUTION AND ARBITRATION OF DISPUTES
There are some exceptions to this mandatory arbitration provision. Specifically, either of us may at any time: (a) bring a small claims court suit; (b) pursue claims with federal, state or local government agencies, if applicable; (c) pursue a claim for injunctive relief; or (d) bring an action to enforce intellectual property rights.
- Applicable Process. Either Sub-Zero or you may bring an arbitration proceeding under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Arbitration Rules of the American Arbitration Association (“AAA”). The Federal Arbitration Act governs the enforcement of this provision.
You may obtain instructions on how to file arbitration with AAA by calling AAA at 1‑800‑778‑7897 or online at www.adr.org or we can assist you in contacting AAA. The arbitration will take place at a location in Chicago Illinois, unless the amount of the claim is for $10,000.00 or less, in which case either of us have the choice of (a) submitting the dispute to the arbitrator based upon documents only; (b) using a telephone hearing; or (c) attending in person as established under the AAA rules in the county or parish where your Smart Appliance is located.
The fees you incur in arbitration and your share of the arbitrator’s fees are limited, as set forth in the AAA Consumer Rules. Sub-Zero will pay the remaining fees. If the arbitrator determines your claim was improper or frivolous, payment of all fees will be governed by the AAA Rules and you will be required to reimburse us. The arbitrator is required to issue a written decision sufficient to explain the facts and legal conclusions on which the decision and award are based. The arbitrator may resolve disputes as to the payment and reimbursement of fees or expenses during the arbitration proceeding, or if requested by a party, within 14 days of the arbitrator’s issuance of an award.
To bring an arbitration action, a party must file a demand for arbitration no later than one year after the date that party first becomes aware of, or should have known of, the claim subject to arbitration, or that claim will be time barred and you will have no right to seek any other remedy. In instances where a one‑year time limit is prohibited, the claim must be brought within the shortest time period permitted by applicable law.
You will need a working and reliable wireless internet connection to use the App and the Services. If you use the App or opt to receive notifications via text messages, you will need to use your internet or mobile data connection. You are required to purchase appropriate internet and mobile data plans to use the App and the Services, at your own cost. We will not be liable for any overage charges or terms of service with respect to these internet and mobile plans. You may disable notifications within your Account if you wish to avoid data charges, or you may stop using the Services to avoid any additional data charges.
The Services and the App are not available outside of the United States, or when your internet, wireless connection, or mobile connection, as applicable, is not working. The Services and the App may be subject to limitations and restrictions outside of the control of Sub-Zero, including, but not limited to, internet availability, wireless network capabilities, environmental or atmospheric conditions, cybersecurity attacks, or other risks related to the use of the internet.
DATA SECURITY AND PRIVACY
USE OF YOUR SMART SERVICES AND APP
You agree to utilize the Services and the App with your Smart Appliance, in accordance with these Terms and the Sub-Zero Use and Care Guide. The App and the Services are designed for personal household use and not designed for commercial use.
YOU SHOULD NOT USE YOUR SMART APPLIANCE, THE SERVICES, OR THE APP IN ANY MANNER UNINTENDED BY US. YOU MUST COMPLY WITH ALL APPLICABLE LAWS REGARDING THE USE OF YOUR SMART APPLIANCE, THE SERVICES, AND THE APP. YOUR USE OF THE SERVICES AND THE APP IS NOT A SUBSTITUTE FOR SAFE, RESPONSIBLE AND PRACTICAL USE OF YOUR SMART APPLIANCE. THE SERVICES AND THE APP ARE NOT INTENDED TO BE RELIED UPON FOR THE PURPOSES OF PREVENTING ANY FIRE, ACCIDENT OR OTHER DAMAGE.
If you win the arbitration, we will pay you the amount of the award or $1,000.00, whichever is greater. The arbitration and all information disclosed during the arbitration may not be disclosed to any third party except as required by law. The parties will not make any comments or announcements to the public about the subject matter or outcome of the arbitration.
If we change this arbitration provision, you may reject that change by sending us a written notice within 30 days of the change, in which case we will terminate your account.
If the waiver of a class action is unenforceable or the arbitration provision is held to be unenforceable, this arbitration provision is null and void.
Waiver of Class Action
Compliance with Export Laws
You may not use or otherwise export or re‑export the Services or the App, except as authorized by United States law and the law of any other applicable jurisdiction. In particular, you may not export or re‑export the Services or the App to any United States embargoed country or to anyone on any U.S. Government list of prohibited or restricted parties, including, but not limited to, the United States Treasury Department’s list of Specially Designated Nationals or the United States Department of Commerce Denied Persons List or Entity List. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Information or Complaints
If you have any questions about the Services or the App, please contact Sub-Zero customer service at 1-800-222-7820.
Last Updated: December 28, 2018