Terms and Conditions of “Ultimate Home Security Kit with 12 Months Cloud Storage” Offer

Important Notice: Please read these Terms and Conditions of our “Offer Ultimate Home Security with 12 Months Cloud Storage” (hereinafter referred to as “Terms”) before You place an order, subscribe to our Offer (including the purchase or acquire one or several Products composing the Offer and a subscription of a Serve for a 12 months period). By assenting electronically or subscribing to the Offer on the Arlo Europe website (i.e. www.arlo.com), You accept all the provisions of these Terms.

Arlo Europe’s separate terms of service will apply in the event that You subscribe for a service on the Arlo Europe website or on the Arlo App.

1. Definitions

In these Terms, the following terms shall have the following meanings:

Arlo Europe”, “We” or “Us” shall refer to Verisure Arlo Europe DAC (658538), with its registered office at Building 4100, Cork Airport Business Park, Cork, Ireland, T12 AP97;

Customer”, “You” shall mean a Consumer who places an order for Product(s) on the Website;

Consumer” shall mean any natural person who acts for purposes that are outside his trade, industrial, craft, liberal or agricultural activity;

Contract” shall refer to each agreement formed between the Customer and Arlo Europe for the purchase of Products in accordance with these Terms;

Delivery” shall mean the transfer of physical possession or control of one or more Products;

Force Majeure Event” shall mean any event beyond any Party’s control, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, that prevents this Party from performing its obligation under these Terms, including, without limitation, strikes, flood, fire, lock-out, pandemics, hurricane, earthquake;

Parties” shall mean the Customer and Arlo Europe together and “Party” shall mean either of them;

Products” shall mean the range of products included in the Offer (cameras, floodlights, video doorbells, base station devices and accessories)

“Offer” shall mean Products and Service including in the Offer;

“Service” shall mean the Arlo Europe websites and any associated subscriptions, content services, accounts, mobile apps, streaming video sites, technical support and services accessible via Arlo websites, and all other web services associated with the Arlo product;

Website” shall refer to the Arlo Europe website available at the following address: www.arlo.com.

2. Relationship between You and Arlo Europe

These Terms apply to the contractual relationship between the Customer and Arlo Europe and apply to all orders relative to the Offer for Products placed on it. A contract is formed between the Parties in accordance with Section 6 if Arlo Europe agrees to accept Your order.

Delivery of Products is carried out only to addresses within United Kingdom.

3. Customer obligations

By placing an order relative to the Offer, You agree that:

  • You will only use the Products and Service composing the Offer provided by Arlo Europe for personal and non-commercial usage, and that You are not acting in a purpose related to a trade, business, craft or liberal or agricultural profession; and
  • You are at least 18-years of age, and are aware of the legal regulations applicable to the Contract.

4. Placing an order

4.1    Description of the Offer

4.1.1    The presentation of the Offer and price on the Website does not constitute a legally binding offer by Arlo Europe, but merely an invitation to You to place an order.


4.1.2    Only the applicable sales conditions, the descriptions, characteristics, features, presentations and price that We publish and that We directly present on the Website, shall be regarded as constituting the description of the Offer approved by Arlo Europe. Images and videos on the Website illustrating the Offer are only provided for illustration purposes and are not part of the description of the Offer. By placing an order, You agree that You are not doing so on the basis of, or in reliance on, any images and videos.


4.1.3    You are fully responsible for verifying whether the Offer including Products and Service, as they are described in the above-mentioned published materials, meet Your needs and intended use.

 

4.2    Price

 

4.2.1    Prices listed on the Website do not include any applicable Delivery expenses. The relevant Delivery expenses will be mentioned clearly during checkout, before the finalization of the order. This will be expressed as an addition to the cost of the Products ordered unless otherwise indicated, for example by means of a discount voucher, a gift card, or a special offer.


4.2.2    Prices listed on the Website are in British Pound Sterling.


4.2.3    We reserve the right to modify the prices at any time without prior notice. Only the prices that are presented at the moment You place an order are applicable.


4.3    Your binding offer for subscribe

 

4.3.1    By clicking the “Confirm and pay” button in the last step of the order process, You submit a binding offer for subscribe our Offer displayed in Your order summary, pursuant to these Terms. Shortly after submitting the order, You will receive an order confirmation email. The order confirmation email and the payment for the subscription of the Offer do not constitute acceptance of Your offer by Arlo Europe. A Contract comes into force between You and Arlo Europe as soon as Arlo Europe accepts Your order either by means of a separate email or dispatch of the Products. Please regularly check the spam folder of Your mailbox.


4.3.2    You acknowledge that the transmission of Your order or confirmation of any payment, made through an electronic instruction may not be received by Arlo Europe for reasons beyond either Parties’ reasonable control including but not limited to a failure of software, telecommunications signals or systems, or the failure of third party’s service or systems.


4.4    Process of placing an order


4.4.1    On the Website, You can select the Offer by placing it in the shopping cart by clicking on the add to cart button. To complete Your order, click on the “Check out” button and You will see a summary of Your order and the total costs. You will also be invited to submit Your desired delivery and payment methods (see Sections 7 and 8 of these Terms).


4.4.2   To cancel the order process, You can simply close Your browser window. By clicking the confirmation button “Confirm and Pay”, Your declaration becomes binding within the meaning of Section 4.3.1 of these Terms.

5. Order fulfillment

 5.1    To place an order, it is imperative that You provide complete and accurate information including but not limited to Your name, email address, complete address and phone number. Such information is needed by Arlo Europe in order to fulfil the order and to carry out the Delivery.


5.2    Once We have the necessary information to (i) create an invoice for Your order; (ii) identify You as the person that has placed the order; and (iii) enable us to fulfil the order and carry out the Delivery, We will provide different Delivery options to You on the Website. You are requested to pick the Delivery method that suits Your needs the best. The order will subsequently be invoiced according to the indicated cost.

5.3    The Delivery method will be set similarly for all Products included in the same order i.e. bought simultaneously on the Website. The indicated cost of Delivery on the Website will be valid for the entire set of Products.

5.4    Unless otherwise stated, any discount vouchers and gift cards are not applicable to the price of Delivery.

5.5    Your shopping cart will display the total cost of Your order, including Delivery cost and the Delivery method that You have chosen. The price does not include customs duties or related import taxes and will not include additional taxes that You might be required to pay according to the legislation that is applicable to You.

5.6    You will need to connect Yourself to the Internet for placing an order on our Website. The related connection costs, established according to market rules governing online communications, shall remain at your charge.

6. Order finalization

After You have successfully placed an order in accordance with these Terms, Arlo Europe may agree to accept Your order based on the information provided by You or Arlo Europe may refuse to accept Your order for legitimate reasons. In case of refusal, We will reimburse You the price of the Product, without undue delay.

7. Payment

7.1   Means of payment

You can choose from the following Payment methods on our Website to pay for Your order:

•    Debit/Credit Card (Visa, MasterCard)

7.2    Fraud Prevention Measures


7.2.1    The transactions on the Website are carried out through a third party payment service provider.


7.2.2    Depending on the payment method You choose, You may be required to have or create a personal account. We do not collect or hold Your payment card details.


7.2.3    Also, to prevent fraudulent transactions We have set up procedures for verifying Your orders. If a fraud is suspected, these procedures will allow Us to require additional information, block, and if required, to cancel Your order. If Your order needs to be cancelled, You will be informed as soon as possible by email at the address that You have in.

 

7.3.   Subscription payment

The Offer including a subscription with recurring payments (e.g. annual subscriptions) you agree that we may automatically charge the subscription fee to the payment method provided and associated with your account at the beginning of each period at the frequency you have selected unless and until you cancel the subscription.

You agree to pay your subscription fee in advance for the 12 months period. Your subscription period is stated in your Arlo subscription plan relative to the Offer (for a 12 months period), which you may view by logging into your account.

If you signed up at a promotional rate, any renewals past the promotional period will be charged at the then effective subscription fee. Access to your Arlo Europe Services will not be established until Arlo Europe or its agent has verified that the payment method is valid, accurate, and in good standing. 

If for any reason you need to reactivate a terminated subscription, you may be charged a reactivation fee that will be disclosed to you prior to the levy of the reactivation fee. 

 

7.4. Activation

Service is considered to be delivered to you when you have activated it. To activate your Service, you must affirmatively take certain steps – this activation will not occur automatically. For new Arlo users, this will involve creating an Arlo account as part of the sign-up process.

8. Automatic Renewal, Cancellation, Price Changes and Refund Policy

8.1. Automatic Renewal of Subscription and Cancellation of Subscription

Your subscription will continue automatically until cancelled. We will notify you in due form and time to remind you that your subscription is up for renewal.

You must cancel prior to the subscription fee being charged to the payment method provided. If you purchased the paid subscription through a third party, you should cancel it directly through the third party whenever possible.

 

8.2. Price Changes

Arlo Europe may, at its discretion change subscription fee and other prices from time to time after Arlo Europe notifies you. All price changes will take effect at the beginning of the next billing cycle for your subscription, in case of renewal. An increase in the applicable subscription fee will not apply before the end of your current subscription period.

If you are dissatisfied with the fee changes or additional charges, you may terminate your use of the Arlo Europe Services in accordance with Section 8.

 

8.3. Refund Policy

Due to subscription period on a 12 months basis, subscription fees are nonrefundable and there are no refunds or credits for partially used subscription periods.

 

8.4. Returned Payment

We may suspend or terminate your Arlo Europe Services without notice upon rejection of any charges to your payment method or if your card issuer (or its agent or affiliate) seeks the return of payments previously made to us for Arlo Europe Services. You agree we may charge interest at statutory interest rates on all amounts due that remain unpaid for 30 days or more. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Arlo Europe. We may refer your account to a third party for collection in the event of ongoing default.

9. Delivery of the Products

Unless We have notified You otherwise, We will deliver the Products included in your Offer You have purchased not later than 30 days from the order confirmation email and receipt by Arlo Europe of payment of Your order, whichever is the later.

 

9.1    Prerequisite conditions for Delivery of the Products


            9.1.1    Delivery will be deemed fulfilled for each Product on the day on which the Product:
•    has been delivered to the postal address You have provided us; or
•    has been physically delivered to You or to a third party designated by You (other than the carrier).

9.1.2    The risk of loss or damage to the Product shall pass to You when You or the third party designated by You (other than the carrier) has taken physical possession of the Product.

9.1.3    In relation to Delivery, You or a third party that You have designated to receive Delivery:
•    must be present at the postal address You have provided to us, at the time of delivery notified to You by the carrier or Arlo Europe; and
•    must check the package and its contents and notify Us, no later than within 2 days from delivery, by email or any other means, any damage, error or other problem with the order.

9.1.4    Any claim relating to an error in Delivery, such as loss of package or Delivery to incorrect address, must be made by You within two (2) days of delivery.  This applies without prejudice to Your obligation to report any problem related to delivery to the carrier within three (3) days from receipt of the order, by extra judicial act or registered. This also applies without prejudice to Your rights under legal warranties.


9.2    Delivery failure


Unless otherwise specified by any mandatory legal provision, We have the right to charge You a Delivery fee for the re-shipment of the Product(s) ordered if any failure of Delivery occurs for a reason that Arlo Europe or the designated carrier is not responsible. Such reasons include Your failure to fulfil the above pre-requisites related to Delivery.


9.3    Delay in Delivery


            9.3.1    You shall be entitled to withdraw from the Contract if Delivery is not carried out within thirty (30) days from the order confirmation email or receipt of payment of Your order (whichever is the later), unless We have indicated on the confirmation of Your purchase of the Product that the Delivery date will take place in more than thirty (30) days from the order confirmation email or payment of Your order.

9.3.2    If You withdraw from the Contract according to the conditions specified in this Section 9.3, We will reimburse You all payments received by Us for Your purchase of the Product(s) under the Contract without undue delay and in any event not later than 14 days from the day on which You have communicated us Your decision to withdraw from the Contract.

10. Description of Service

Detailed specifications in relation to the Service included in the Offer are available in the Appendix 2.

11. Right of withdrawal

As a Consumer You have a right of withdrawal from the Contract without providing any reason.


11.1    Conditions

            11.1.1    You have the right to withdraw from the Contract within 30 days from the day on which the Product has been delivered to You or a third party designated by You.

11.1.2    The right of withdrawal granted by Arlo Europe shall not apply in the following cases:
•  if You are unable to send us back the Product and its accessories;
•  if the returned Product has been damaged while in Your possession, for instance by being put in contact with water while it was not designated as « waterproof » by Arlo Europe; or
•  if the supply of goods was made in accordance with Your specifications or clearly customized or personalized for You.

11.1.3    The right of withdrawal granted by Arlo Europe only applies to Products purchased on the Website. If You bought Your Product from any other distribution network, You must contact the reseller.


11.2    Exercising Right of Withdrawal

To exercise the right of withdrawal, You must communicate to us first at orders@arlo-europe.com Your decision to withdraw from this Contract by an unequivocal statement [e.g. by email]. You may use the attached model withdrawal form, but it is not obligatory (see Annex – I of these Terms). We will communicate to You an acknowledgement of receipt of such withdrawal on a durable medium (e.g. by e-mail) without delay.


11.3    Effects of Withdrawal


If You exercise Your right of withdrawal, You are obligated to send back the Products and their accessories, to us at Ceva Logistics (Shipwire), Branch – Daventry, Nasmyth Rd, Daventry NN11 8NF within 14 days as from notification of Your decision to withdraw by using the label provided by Us (which We will send You) and in accordance with Our return instructions. If You have opted for a delivery method that is more expensive than our standard delivery, You shall bear the cost difference between the standard delivery and the delivery method chosen by You. Return label provided by Arlo Europe should be used.


            11.3.1    As soon as We receive the Product or proof of the Product having been dispatched by You and provided it is in acceptable condition, We shall reimburse You the price of the Product (excluding any Delivery costs), within 14-days. We will carry out such reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of such reimbursement.

11.3.2    If We conclude that the Product is not in acceptable condition due to any of the above exclusion provisions (see Section 11.1.2), We will not reimburse you but We may nevertheless be able to provide You with the following choice:
•    We may send You back the Product at Your own expense and risk after payment by You to Us of all return expenses which We would incur;
•    Destruction / Refurbishment of the Product. This solution will be automatically chosen if You fail or refuse to pay the returning expenses which We would incur as of 14 days from the day We notify You of the fact that the Product is not covered by Arlo Europe’s right of withdrawal policy.

12.Termination of your Offer

   12.1   Termination by User

You may request termination of your Offer at any time without limitation. The termination will take effect on the day following the last day of your existing subscription period. Upon termination of your account, certain information may not immediately be deleted from Arlo Europe's or its agents’ systems, including without limitation log entries, diagnostics, analytics coming from devices tied to the user or account, transaction details of the account, or information subject to search warrant, subpoenas, or other legal process.

 

12.2   Termination by Arlo Europe

Notwithstanding anything to the contrary in these Terms, we retain the absolute right to terminate your account if the subscription charges are refused for any reason, if you breach any provision of these Terms, if you misuse the Arlo Europe Services or if you use the Arlo Europe Services illegally, and/or if you alter your Arlo Europe System or use the Arlo Europe Services or software in such a manner as to infringe upon the intellectual property rights of Arlo Europe and/or its subsidiaries and affiliates or any third party.

We give you at least 30 days advance notice of such termination. Upon any such termination of your account by Arlo Europe, you will remain obligated to pay all outstanding fees and charges relating to your use of the Arlo Europe Services before termination, and we will give you a pro-rated refund of any of your paid for, but unused, Arlo Europe Services fees that will remain unused because of Arlo Europe's termination under this method of termination. Termination of the Arlo Europe Services may result in the forfeiture, deletion and destruction of all information associated with your subscription or Arlo Europe Services, including Content.

12.3   Survival of Clauses Upon Termination

All provisions of these Terms, which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

13. Warranty

These Terms are subject to applicable export control laws. Products purchased from the Website may not be exported to another country or region where prohibited by export control regulations. Customers who intend to export the Product(s) to another country or region must obtain an export license (or other regulatory approval) as required by law.

14. Export

These Terms are subject to applicable export control laws. Products purchased from the Website may not be exported to another country or region where prohibited by export control regulations. Customers who intend to export the Product(s) to another country or region must obtain an export license (or other regulatory approval) as required by law.

15. Product Availability and Restrictions

Due to the popularity of the Products and occasional supply shortages, Arlo Europe may need to limit the number of Products available for purchase. Because customer satisfaction is our top priority, we make every effort to replenish Products as quickly as possible. Arlo Europe reserves the right to change the quantity of Products available for purchase at any time, even after an order has been placed and provided that Arlo Europe has not yet accepted that order.

16. Protection of Your Personal Data

At Arlo Europe, protecting the privacy of our Customers is of the utmost importance. For more information on the collection, storage and use of Your personal data as well as Your rights under the General Data Protection Regulation (Regulation 2016/679) Chapter III, please refer to our Privacy Policy.

17. Force Majeure

Neither party will be liable to the other in the case of a Force Majeure Event. In case of a Force Majeure Event performance of the Contract by the affected Party shall be suspended for the duration of the Force Majeure Event. The performance of such act shall be immediately continued once the cause of the Force Majeure Event ceases. Arlo Europe or Customer shall not be liable for any damages caused solely by a Force Majeure Event. 

Arlo Europe’s obligation to provide the Service, in particular monitoring services, will be suspended immediately and without prior notice in the event of situations including but not limited to (i) the telephone lines, network, equipment, other communication devices and/or software are destroyed, damaged or for any reason inoperable, or (ii) war (whether declared or undeclared), fire, flood, extreme weather, accident, explosion, terrorism, governmental order, regulation, restriction or priority, industrial unrest, or any other cause for the duration of the interrupted service. If possible then Arlo Europe will notify you prior to the suspension of services.

18. Entire Agreement

This version of the Terms constitutes the entire agreement between You and Arlo Europe supersedes all prior or contemporaneous agreements and understandings between the Parties relating to the subject matter hereof. The Terms in effect at the time of purchase of a Product will apply to the applicable order. Arlo Europe reserves the right to change these Terms. Such changes will not be retroactive and will only apply to future orders.

19. Assignment

You may not assign or transfer these Terms, in whole or in part, by operation of law or otherwise, without the prior written consent of Arlo Europe. Any attempted assignment by You without such consent will be void.

Online Dispute Resolution Platform: the European Commission has also set up an Online Dispute Resolution platform to facilitate the out-of-court settlement of online disputes between consumers and professionals of the European Union. This platform is accessible through the following link: https://webgate.ec.europa.eu/odr/.

20. Governing Law

These Terms and any dispute arising out of or in connection with these Terms shall be governed exclusively by German law, excluding the UN Sales Convention.

21. Waiver

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any invalid, ineffective or unenforceable provision shall not affect the validity of the remaining provisions of the agreement. 

22. No Right of Survivorship and Non-Transferability

You agree that your Arlo account is nontransferable and any rights to your Arlo ID or contents within your account terminate upon your death. 

23. Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODRs) at http://ec.europa.eu/consumers/odr/21. We are not obligated or willing to participate in a dispute resolution procedure in accordance with the German Consumer Dispute Resolution Act (VSBG).

24. Contact

The following entity is responsible for delivering the Arlo Europe Services depending on where you are using the Arlo Europe System, and if you have any questions, complaints, or claims with respect to the Arlo Europe Services, you may contact us there.

 

Verisure Arlo Europe DAC

Building 4100, Cork Airport Business Park,

Cork, Ireland, T12 AP97

https://www.arlo.com/en_eu/support/contact-support

Annex – I Withdrawal Form

 

Withdrawal Form Template

(Complete and return this form only if You wish to withdraw from the contract)

 

To Verisure Arlo Europe DAC, Building 4100, Cork Airport Business Park, Cork, Ireland, T12 AP97

Contact: Customer Care.

 

•I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract relative to the Offer ;

(*) complete as appropriate

ordered on (*)            /received on (*)           ;

•                 name of consumer(s);

•                 address of consumer(s);

•                 signature of consumer(s)*;

*(only if this form is notified on paper);

Please describe goods/services precisely so it is possible to identify to which goods or services withdrawal refers.

Article number

Amount

Reason

Comment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(1) Wrong Product (2) Dislike Product (3) No Reason (4) Time of Delivery too long (5) Other

Date

Appendix

Terms of Service relative to the“Ultimate Home Security Kit with 12 Months Cloud Storage” Offer.

Detailed specifications in relation to the Arlo Europe Services are available here.

1. Terms of Service

Your registration of the Arlo Europe System through the Arlo Europe Websites and Apps as well as use of the Arlo Europe Services is subject to the provisions of these Terms.

Any software component embodied in the Arlo Europe Services is licensed to you, and not sold. Please review the complete list of countries where Arlo Europe Services are available, here. Arlo Europe Services cannot be used in the sanctioned and embargoed countries. Please review the complete list of embargoed countries here.

You agree that you will only use the Arlo Europe System, Website, Apps and Services for personal and non-commercial usage, and that you are not acting in a purpose related to a trade, business, craft or profession.

2. Registration Information

Registration of your Arlo Europe System is required.

To register, you must provide and maintain accurate and complete information, which shall include: (i) your name (ii) your system serial number (iii) phone number and (iv) an e-mail address and address. Arlo Europe may terminate your account if you provide Arlo Europe with inaccurate or incomplete user information, unless you have rectified the error within one (1) week following Arlo Europe’s notice to do so. You also certify that you are legally permitted to use and access the Arlo Europe Services.

Arlo Europe may collect, process, and store your videos and other information.  Please review our Privacy Notice available here, for details about how we collect, use, disclose and retain information about you and your Arlo account. We encourage you to review the Privacy Notice frequently. You have the right to update your user information at any time. You shall also be able to manage privacy settings related to collection, storage, and use of your user information and other types of information captured by the Arlo Europe Services. Any such changes can be made by logging into your Arlo account. However, certain features of the Arlo Europe Services may not be available if you restrict the collection, storage, or use of certain types of information.

3. Member Account, Password, and Security

You are fully responsible for maintaining the confidentiality of the information required to access or make modifications to your account (e.g. passwords, PINs, verification codes), as well as for all activities that occur under your password or account. You agree to properly protect your account by, for example, exiting from or logging out of your account at the end of each session, by implementing two or multi-factor authentication, and by not sharing your password or two or multi-factor authentication code. You further undertake to immediately notify us of unauthorized use of your password or account.

In the event Arlo Europe suspects fraudulent activity, we may suspend access to your account and services pursuant to our security policies to prevent unauthorized access. You shall be solely responsible for any damage caused by your failure to comply with this Section ‎3. We reserve the right to terminate Your Arlo Europe account if your behavior gives reason to do so. Upon suspending your account, we will inform you of the same and give you an adequate notice to rectify the breaches. This will in particular be the case if you are in breach of applicable laws, applicable contractual provisions, our guidelines or our policies, which are all accessible on the website. Notwithstanding any such limitation or termination, you will continue to have access to content and services purchased by you up to that point.

4. Third-Party Content

The Arlo Europe Services may give you the ability to access, use or integrate directly with third-party websites, apps, products, content or other media controlled by third parties (hereinafter, "Third-Party Content") over which we exercise no editorial or programming control. You confirm to have understood the following:

a) Third-Party Content providers may restrict or revoke access to their content at any time;

b) We do not operate, control or endorse any Third-Party Content and are not responsible for and have no editorial control over any Third-Party Content. Further, we do not guarantee the safety, accuracy and effectiveness of the Third-Party Content, and will have no responsibility for any Third-Party Content including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable; and

c) We have no control over the distribution of Third-Party Content.

You also agree and declare that Third-Party Content accessed or transferred using the Arlo Europe Services is for personal, non-commercial use only and that the Arlo Europe Services will not be used to illegally copy, illegally display, or otherwise make illegal use of Third-Party Content. Unauthorized copying or distribution of copyrighted works may constitute an infringement of the copyright holders' rights. You agree to assume all risks in connection with your interaction or use of any Third-Party Content.

We may disable your account of any Arlo Europe Services or software if you infringe the copyrights, trademarks, or intellectual property rights of others. If you are of the opinion that you are not in infringement of the intellectual property rights of others, you may, submit a notification to Arlo Europe requesting your account be restored.

In addition, steps intended to defeat or bypass security measures designed to prevent intellectual property infringement may be illegal under German law or comparable foreign laws. We may terminate the Arlo Europe accounts of users who develop or use methods to defeat or bypass such security measures after informing such users of their breaches and may take any other necessary or appropriate action to prevent infringement of intellectual property holders' rights.

5. Service Eligibility

Use of the Arlo Europe Services requires that your Arlo Europe System has access to an always-on, broadband internet connection, in accordance with Section ‎7. To enable the Arlo Europe Services all Arlo Europe Systems must be registered at my.arlo.com or Arlo apps, such as the official Arlo iOS and Android apps.
 

5.1 System Requirements

The Services will not be accessible without: (i) Wi-Fi or other communications network in your home that is positioned to communicate reliably with the Arlo Europe System; (ii) an Arlo account; (iii) for some features and functionalities of the Arlo Europe Services, an enabled and supported wireless device, such as a phone or tablet; (iv) always-on broadband Internet access with bandwidth sufficient to support the Arlo hardware products you use; and (v) other system elements that may be specified by Arlo Europe. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured.

6. Member Conduct

You understand that all information, data, text, software, photographs, video, messages, tags, feedback, comments, questions, other information, or materials (hereinafter, "Content"), whether publicly posted or privately transmitted, shall be the sole responsibility of the person from whom such Content originated. This means that you, are entirely responsible for all Content that you capture, upload, post, email, transmit, or otherwise make available via the Arlo Europe Services.

7. Internet Service Provider and Mobile Phone Charges

The Arlo Europe Services require the use of a broadband internet connection. You are responsible for any service charges for your internet connection or data plan incurred as a result of using or accessing the Arlo Europe Services and acknowledge and agree that you will be solely responsible for all disputes with any internet service or mobile phone provider relating to same. In particular, streaming and viewing recorded videos and the use of the apps may incur extra and substantial charges on devices that use a data plan. We are not responsible for and do not make any assurances about the availability, functionality, or cost of any broadband internet connection or other data plan.

8. Using the Service

 

8.1 Use of Service

You may access and use the Arlo Europe Services only with an Arlo Europe System that is authorized to communicate with the Arlo Websites and Apps. You agree not to tamper with or otherwise modify your Arlo Europe System. The Arlo Europe Services are provided for your personal, non-commercial use and may not be resold, in whole or in part. Without Arlo’s prior written authorization, you may not transfer the Arlo Europe Services or the right to receive them.

If your Arlo Europe System accesses the Arlo Websites and Apps (regardless of your payment or subscription status), you acknowledge and agree that you are a user of the Arlo Europe Services and are bound by the provisions of these Terms.

 

8.2. Updates and Upgrades

By using the Arlo Europe Services and subject to these Terms, you agree to receive all software updates and upgrades that Arlo sends to your Arlo Europe System. These updates and upgrades may be automatically installed when necessary to maintain the conformity of Arlo Europe Services, without providing any additional notice or receiving any additional consent. If you disable the automatic update and upgrade feature of the Arlo Europe Services then certain functionality of the Arlo Europe Services may be adversely impacted. Even if you disable the automatic upgrade feature of your Arlo Europe System, we may still implement critical Arlo Europe System updates; updates for Arlo applications running on your iPhone, iPad, Android phone, tablet, and similar devices; and Arlo back end service updates. In all cases, except for critical updates or upgrades (when the updates or upgrades are necessary for Arlo Europe Services to remain in conformity), you have the right to refuse the update or upgrade or, if necessary, to uninstall it, if the update or upgrade has a negative impact on your access to or use of Arlo Europe Services.

9. Title to Software and Intellectual Property

You may need to use software programs in your Arlo Europe System to use or have full access to certain features of the Arlo Europe Services. You are required to accept and use the software included in your Arlo Europe System at the time of purchase and other software programs that may be delivered to your Arlo Europe System by Arlo from time to time. Arlo Europe and/or its subsidiaries, affiliates, and licensors retain title to and ownership of all the software for the Arlo Europe Services and certain intellectual property rights in the Arlo Europe Services. We and/or our affiliates also retain ownership of all Arlo copyrights and trademarks. In the case of third-party software delivered by Arlo Europe and/or its subsidiaries and affiliates to the Arlo Europe Services, the applicable third party retains title to and ownership of its software, copyrights, and trademarks.

Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute publicly perform, publicly display, copy, or use for other purposes the Arlo Europe Services or the software of the Arlo Europe Services is strictly prohibited. If you install any Arlo software applications on your home computer ownership and the other terms of such use are governed by the applicable End User License Agreement to which you must agree prior to installation.

10. Procedure for Making Claims of Copyright or Intellectual Property Infringement

We respect the intellectual property of others and we require our users to do the same. Arlo Europe may, in appropriate circumstances, disable and/or terminate the accounts of users who may be repeat intellectual property infringers after having informed them of their breaches. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated please provide us with the following information:

-                an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

-                a description of the copyrighted work or other intellectual property interest that you claim has been infringed;

-                a description of where the material that you claim is infringing is located on the site;

-                your address, telephone number, and email address;

-                a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

-                a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.

Please mail this information to Arlo Europe’s Copyright Agent designated to receive notifications of claimed infringement:

Copyright Agent – Attention Legal Department, Verisure Arlo Europe DAC, Building 4100, Cork Airport Business Park, Cork, Ireland, T12 AP97.

For clarity, only notices of (suspected) copyright or intellectual property infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Arlo Europe customer service through https://www.arlo.com/en_eu/support/contact-support. You acknowledge that if you fail to comply with all the requirements of this Section 10, your notice of (suspected) copyright or intellectual property infringement may not be valid.

11. Open Source Software

Certain components of the software for the Arlo Europe System are subject to the GNU General Public License ("GPL") or other so-called open source licenses ("Open Source Software"). Open Source Software may not be subject to the restrictions included in these Terms. You are free to use, modify, and distribute Open Source Software that is subject to the GPL so long as you comply with the terms of the GPL (available at www.gnu.org/copyleft/gpl.html). For clarification, these Terms do not limit your rights under, or grant you rights that supersede, the license terms of any applicable Open Source Software.

12. Links

   You may provide a link to your personal Arlo site. Any link to any Arlo Service must be to its home or top-level page.

The Arlo Europe Services may provide, or third parties may provide, links to other websites or resources. We have no control over such sites and resources. We are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. 

13. Special Admonitions for International Use

Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Germany or from the country in which you reside. You represent and warrant that you are not located in a country subject to an EU embargo, or that has been designated by the EU as a “terrorist supporting” country, and that you are not listed on any European Commission’s list of prohibited or restricted parties.

14. No Resale of Arlo Europe Services

You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes any portion of the Arlo Europe Services (including your Arlo ID), use of the Arlo Europe Services or access to the Arlo Europe Services.

15. Warranty and Warranty Disclaimer

Only the applicable sales conditions, the descriptions, characteristics, features, presentations and price that we publish and directly present on the Arlo Website or App, shall be regarded as constituting the description of the Arlo Europe Services approved by Arlo Europe. You are fully responsible for verifying if Arlo Europe Services, as they are described in the above-mentioned published materials, meet your needs and intended use.

There is a limited warranty on Arlo Europe Services. The specifics of our Limited Hardware Warranty are at www.arlo.com/warranty. The rights attached to the Limited Hardware Warranty are distinct to the rights provided by applicable consumer laws and this Limited Hardware Warranty shall be construed as in addition to, and not instead of, rights granted by applicable consumer law.

16. No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms or by applicable law, there will be no third-party beneficiaries to these Terms.

17. Limitations of Liability

Arlo Europe shall be liable under the terms of these Terms only in accordance with the provisions set out below:

Arlo Europe will be liable for any negligent breach of obligations, the fulfilment of which are essential for the proper execution of the Contract, and the breach of which jeopardize the achievement of the purpose of the Contract on the performance that you may justifiably rely on. In the latter case however, Arlo Europe shall only be liable for foreseeable damages typical to the Contract. The same applies to breaches of duty by Arlo Europe’s vicarious agents.

The exclusions of liability set out above do not apply in the event of injury or damages to life, body or health or in the event of intentional or grossly negligent conduct. Liability under the German Product Liability Act remains unaffected.

Subject to the above, any further liability of Arlo Europe is excluded on the merits.