SimpliSafe Terms of Service
Last updated: July 2022
This is an Agreement (the "Agreement") between you ("you" or the "Subscriber") and SimpliSafe, Inc. ("we" or "SimpliSafe"). In this Agreement, "System" means the products you have purchased from SimpliSafe; "Services" mean the services you have selected to receive from SimpliSafe, including any Emergency Dispatch Services (as described in Section 23 below), Video-Related Services (as described in Section 21 below), Account Management Services (as described in Section 20 below), the Application, defined as the software or subscription services that may be downloaded to your smartphone, tablet or other connected device (or any related or connected third-party mobile devices or product peripherals that control or connect to any of the foregoing) to access Services remotely and the customer support Services provided by SimpliSafe in support of any of the foregoing; "Premises" means the premises at which the System is located. The term “you,” as used in this Agreement, means any person or entity who accesses or uses the Services and any person or entity who creates an account and accepts this Agreement and accesses or uses the Services, including any person granted access to the Services by you.
LIFE SAFETY NOTICE: IF YOU PURCHASED A SYSTEM THAT INCLUDES SMOKE DETECTORS OR CARBON MONOXIDE DETECTORS, OR IF YOU ADD SMOKE DETECTORS OR CARBON MONOXIDE DETECTORS AT A LATER TIME, THERE MAY BE SPECIFIC REQUIREMENTS OR STANDARDS FOR THE INSTALLATION, MAINTENANCE AND LOCATION OF SUCH DETECTORS. CONTACT YOUR LOCAL AUTHORITY HAVING JURISDICTION OR CONSULT A QUALIFIED PROFESSIONAL TO ASSIST IN THE INSTALLATION, MAINTENANCE AND LOCATION OF SUCH DETECTORS. YOU HAVE SOLE RESPONSIBILITY FOR COMPLYING WITH ANY AND ALL CODES, LAWS AND STANDARDS THAT MAY APPLY TO THE INSTALLATION, PLACEMENT AND MAINTENANCE OF THE SYSTEM.
IN ORDER FOR YOU TO BECOME FAMILIAR WITH THE USE AND OPERATION OF THE SYSTEM, YOU SHALL HAVE A THREE (3) DAY PERIOD FOLLOWING ACTIVATION OF YOUR SYSTEM (THE "PRACTICE MODE PERIOD") TO PRACTICE USING THE SYSTEM. YOU AGREE THAT DURING THE PRACTICE MODE PERIOD WE HAVE NO OBLIGATION TO, AND WILL NOT, NOTIFY ANY AUTHORITIES, YOU, OR ANY EMERGENCY CONTACTS OR TAKE ANY OTHER ACTION WITH REGARD TO ANY ALARM SIGNAL WE RECEIVE, EVEN IF DUE TO AN ACTUAL EMERGENCY EVENT. IF YOU CONTACT US TO ATTEMPT TO SKIP THE PRACTICE MODE PERIOD, YOU ACKNOWLEDGE THAT IT TAKES TIME FOR THE SYSTEM TO BE PLACED ON-LINE WITH THE MONITORING FACILITY, AND NO RESPONSE TO ALARM SIGNALS, INCLUDING ANY ACTUAL EMERGENCY, MAY BE MADE UNTIL YOUR ACCOUNT DISPLAYS AS "ACTIVE" AND NOT "PRACTICE MODE" IN YOUR ONLINE DASHBOARD.1. Services, Eligibility, and Your Account.
(a) SimpliSafe will provide you the Services subject to the terms of this Agreement.
(b) Only individuals age 18 and older are permitted to subscribe for the Services and register for an Account.
(e) If you contact SimpliSafe’s customer service, you hereby consent to the means by which such contact was initiated. You similarly consent to SimpliSafe contacting you through any of the means that SimpliSafe makes available utilizing the contact information identified in your Account. This may include one-way or two-way video-enabled customer service communication methods, whether made available via your mobile device, through the Application or any other mobile or web interface now existing or later developed. Except as otherwise expressly agreed by you under a separate services agreement, SimpliSafe will not charge you any additional fees to deliver, or for you to receive, such customer support Services; however, your wireless service provider may charge a fee for air-time or data usage associated therewith. Check with your wireless carrier if you have questions about your wireless plan.
(f) You also agree that federal, state or local ordinances or rules around handling of different types of alarms and requests for first responder dispatch may apply to your home security system and monitoring service. You understand that our ability to provide any professional monitoring services will be subject to local rules and practices if your activate service in an area subject to any of these regulations and practices. For example, certain municipalities may require multiple alarms to be received or real time audio or visual confirmation of an alarm before they will dispatch first responders while other municipalities may require that alarms from certain life safety alarms such as CO alarms require calls to emergency response regardless if the occupants believe it to be a false alarm.2. Term and Termination. The term of this Agreement will continue until this Agreement is terminated pursuant to this section. SimpliSafe or Subscriber may terminate this Agreement for any reason or no reason following notice sent to the other as set forth in this section. Subscriber shall provide notice of termination to SimpliSafe by (1) regular mail, postage prepaid, or overnight delivery, by a reputable, national overnight delivery service, to SimpliSafe's then current principal place of business or (2) calling SimpliSafe Customer Support at 1-800-548-9508 and following the instructions provided. Such notice by Subscriber shall be effective upon SimpliSafe's receipt thereof. You understand that termination of these Services can potentially impact the ability of life saving services to be rendered and may require confirmation by Customer Service to confirm the legitimacy of any such request (e.g. the identity of the account holder, that the request for termination is authentic and not made under duress by any third parties, requested date for cancellation if it is in the future, etc). You understand that Customer Service engagement is the best way to ensure the cancellation of potentially life saving services is handled properly.
SimpliSafe shall provide notice of termination to Subscriber by e-mail sent to the email address on file with SimpliSafe for your current online account. SimpliSafe's termination shall be effective when SimpliSafe sends the e-mail notice. If you do not provide SimpliSafe an e-mail address, then SimpliSafe may send you written notice of the termination by regular mail, postage pre-paid and any such notice shall be effective upon four (4) days following the day on which SimpliSafe sent the notice. Upon termination of the Agreement, SimpliSafe shall have no further obligation to Subscriber and Subscriber shall have no further obligation to SimpliSafe other than (i) the obligation respecting the payment of any monies due to SimpliSafe for services rendered; and (ii) the obligations set forth in Sections 3-8, inclusive, 13-19, inclusive, and 24-41, inclusive. Notwithstanding the foregoing, SimpliSafe shall refund any unearned service charges with respect to any full calendar month following any termination. SimpliSafe shall not refund any unearned service charges with respect to any partial calendar month following any termination. There are no termination fees.3. Payment for Services. Subscriber shall pay SimpliSafe the periodic service charge in advance. You authorize SimpliSafe to charge your credit/debit card for the periodic (e.g., monthly, quarterly or annually) service charge when due. If charges are declined, SimpliSafe shall resubmit the charges for approval and notify you of the declined charges by e-mail while continuing to provide Emergency Dispatch Services for ten (10) days. If the charges are not approved and you do not make payment, SimpliSafe may, in its sole discretion, discontinue services without notice at or after the end of the ten (10) day period. If Subscriber otherwise does not pay any charges when due, SimpliSafe may, in its sole discretion, terminate this Agreement and/or discontinue services without notice.4. INSURANCE. SIMPLISAFE'S SERVICE CHARGES ARE BASED SOLELY ON THE VALUE OF SERVICES PROVIDED AND ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF PROPERTY LOCATED ON OR NEAR THE PREMISES. YOU ACKNOWLEDGE AND AGREE THAT SIMPLISAFE IS NOT AN INSURER AND SHALL NOT PROVIDE INSURANCE COVERAGE AGAINST ANY LOSSES, AS DEFINED BELOW. TO THE EXTENT YOU WISH TO HAVE ANY INSURANCE COVERAGE FOR LOSSES, AS DEFINED BELOW, IT IS YOUR RESPONSIBILITY TO PROCURE AND MAINTAIN SEPARATE INSURANCE POLICIES FROM AN INSURANCE COMPANY OR COMPANIES, SOLELY AT YOUR COST AND EXPENSE, COVERING ALL LOSS, DAMAGE OR EXPENSE (COLLECTIVELY, "LOSSES"), INCLUDING ALL PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), ECONOMIC LOSSES OR ANY OTHER FORM OF LOSS, DAMAGE OR EXPENSE, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY (I) THIS AGREEMENT, INCLUDING ANY BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR OBLIGATION ARISING HEREUNDER (II) THE SYSTEM, (III) THE SERVICES (INCLUDING Third-Party Products and Services), (IV) THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE OF YOU OR ANY SIMPLISAFE PARTY (AS DEFINED IN SECTION 5), (V) THE IMPROPER OPERATION OR NON-OPERATION OF THE SYSTEM, (VI) BREACH OF CONTRACT, EXPRESS OR IMPLIED, WHICH OCCURS BEFORE OR AFTER THE SIGNING OF THIS AGREEMENT (VII) BREACH OF WARRANTY, EXPRESS OR IMPLIED, (VIII) PRODUCT OR STRICT LIABILITY (IX) THE LOSS OR DAMAGE TO OR MALFUNCTION OF FACILITIES NECESSARY TO OPERATE THE SYSTEM, TRANSMIT ANY SIGNAL TO OR RECEIVE SIGNALS AT ANY MONITORING FACILITY, (X) A CLAIM FOR SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, (XI) A VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED FAULT ON THE PART OF ANY SIMPLISAFE PARTY, (XII) A VIOLATION OF ANY LAW PROHIBITING THE INTERCEPTION OF ORAL COMMUNICATIONS BY ELECTRONIC MEANS, (XIII) THE ACTIONS OF ANY THIRD PARTY IN RESPONDING TO A SIGNAL FROM THE SYSTEM, OR (XIV) ANY UNAUTHORIZED ACCESS, USE OR DISCLOSURE OF YOUR PERSONAL INFORMATION (COLLECTIVELY, THE "COVERED CLAIMS"). RECOVERY FOR ANY LOSSES, AS DEFINED IN THIS SECTION 4, SHALL BE LIMITED TO THE INSURANCE YOU PURCHASE SEPARATELY FROM AN INSURANCE COMPANY, IF ANY.5. LIMITATIONS OF LIABILITY AND RELEASE. BY AGREEING TO THESE TERMS, YOU ARE RELEASING SIMPLISAFE, ITS AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE "SIMPLISAFE PARTIES"), TOGETHER WITH ANY PROVIDERS OF Third-Party Products and Services (AS HEREINAFTER DEFINED), ON YOUR BEHALF AND ON BEHALF OF ALL OTHERS WHO MAKE CLAIMS UNDER THIS AGREEMENT FROM ALL LIABILITY ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED IN SECTION 4. UNDER NO CIRCUMSTANCES WILL SIMPLISAFE BE RESPONSIBLE OR LIABLE TO YOU FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, DEATH OR DAMAGES TO PROPERTY. NOTWITHSTANDING THE FOREGOING, EVEN IF ANY SIMPLISAFE PARTY IS FOUND LIABLE FOR ANY LOSSES, AS DEFINED IN SECTION 4, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED IN SECTION 4, ANY SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF $1,000.00. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. SIMPLISAFE DISCLAIMS ALL LIABILITY OF ANY KIND OF SIMPLISAFE’S LICENSORS AND SUPPLIERS. SIMPLISAFE AND YOU ACKNOWLEDGE AND AGREE IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE BY SIMPLISAFE TO PERFORM ANY OF ITS OBLIGATIONS. THIS AGREED-UPON AMOUNT IS NOT A PENALTY, AND IS THE SOLE REMEDY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.6. NO WARRANTIES. THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE”, AND SIMPLISAFE AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.7. Release of Insured Losses; Waiver of Subrogation. You release SimpliSafe for all Losses covered by your insurance policies and for all insurance deductibles. You also waive and release any subrogation and other rights you or your insurance company may have against SimpliSafe for money paid to you or on your behalf.8. INDEMNIFICATION. IF ANYONE OTHER THAN YOU (INCLUDING YOUR INSURANCE COMPANY) ASKS ANY SIMPLISAFE PARTY TO PAY FOR ANY LOSSES, AS DEFINED IN SECTION 4, INCLUDING ATTORNEYS' FEES, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED IN SECTION 4, INCLUDING THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE OF YOU OR ANY SIMPLISAFE PARTY, YOU SHALL INDEMNIFY, DEFEND AND HOLD SUCH SIMPLISAFE PARTY HARMLESS (WITHOUT ANY CONDITION THAT ANY OF THEM FIRST PAY), FOR ALL LOSSES, AS DEFINED IN SECTION 4, INCLUDING ATTORNEYS' FEES, ASSERTED AGAINST OR INCURRED BY SUCH SIMPLISAFE PARTY. THE FOREGOING INDEMNIFICATION OBLIGATIONS MAY NOT BE ENFORCEABLE IN SOME STATES, SO SUCH OBLIGATIONS MAY NOT APPLY TO YOU.9. Communications Equipment and Services. The System is designed to transmit signals to a monitoring facility through certain communications equipment and services, including DSL, broadband, cellular, wireless and/or landline telephone equipment and services (collectively, the "Communications Equipment and Services"). Regardless of the form of Communications Equipment and Services used, you understand that the Communications Equipment and Services may be interrupted, circumvented, unavailable (for a limited or extended time period) or otherwise compromised, including as a result of equipment designed or used by a third party for the purpose of causing false alarms or gaining unauthorized access to or otherwise affecting or controlling the Communications Equipment and Services or any Video-Related Services. If the Communications Equipment and Services are inoperative or interrupted by any cause, there will be no indication of such at the monitoring facility and the monitoring facility will not receive a signal from your system. You must test the System's data transmission with the monitoring facility at least monthly and immediately after the installation, modification or repair of any Communications Equipment or Service. (If DSL, VOIP or other form of broadband telephone equipment and services are used, such equipment and services should be installed on a telephone line and number that is not used by the System to transmit data to the monitoring facility). If you are using the optional telephone backup for the System, you will need some other means of communications to make a phone call if and when the System transmits data by telephone. You must confirm that the Communications Equipment and Services are compatible with the System, including when you make any changes to the Communications Equipment and Services. Your access to, and availability of the Application is dependent on (i) your computer, mobile device, home wiring, home Wi-Fi network, Bluetooth connection, and other related equipment, (ii) your Internet service provider, and (iii) your mobile device carrier. You shall immediately repair (or caused to be repaired) any (i) problems with the Communications Equipment and Services; or (ii) problems with the System. Consult the Owner's Manual for your System for further important safety information for your System and the transmission of signals from your System.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE UNDERLYING WIRELESS SERVICE PROVIDER (THE “UNDERLYING CARRIER”) OR ITS AFFILIATES OR CONTRACTORS AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN SIMPLISAFE AND THE UNDERLYING CARRIER. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT THE UNDERLYING CARRIER AND ITS AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU AND YOU HEREBY WAIVE ANY AND ALL CLAIMS OR DEMANDS THEREFOR.
SimpliSafe does not charge any fees for you to receive Notifications, other than any monthly fee you may owe if you are a subscriber for SimpliSafe monitoring services. Your wireless service provider may charge a fee for SimpliSafe sending and/or your receiving Notifications and/or for air-time or data usage associated therewith.
Check with your wireless carrier if you have questions about your wireless plan.
When you accept these terms, you indicate and acknowledge your consent for SimpliSafe to send you Notifications in connection with the SimpliSafe Services via SMS/text message or via the SimpliSafe mobile app (collectively, “Messaging Services”).
If you are a SimpliSafe subscriber and add a contact to receive Notifications, you agree and warrant that you have informed the contact about the nature of the Notifications and obtained consent for SimpliSafe to send Notifications to the contact.
Our Emergency Dispatch Services require that we communicate with the Responsible Parties. Our communication may take different forms, including a live operator telephone call, a pre-recorded telephone message using an auto-dialer, an SMS or other form of text message or some other form of electronic communications. We will communicate with a Responsible Party at the telephone number you provide us, including any mobile phone number or residential landline number. You will (i) inform the Responsible Parties that we will communicate with them at such numbers; and (ii) obtain permission from the Responsible Parties that we may communicate with them at these telephone numbers. You will indemnify, defend and hold us harmless (without any condition that we first pay) for any Losses (as defined in Section 4 of this Agreement), including our reasonable attorneys’ fees, arising out of or in connection with, due to or caused in whole or in part by, any claims asserted against us in connection with or as a result of our communications with any of the Responsible Parties, including any claim under any state or federal consumer protection or similar law, including the Telephone Consumer Protection Act.
SimpliSafe will not be liable for any delays in the receipt of any such Notifications or failure of such Notifications from being sent. Notifications may not be sent from you or delivered to you if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of SimpliSafe or your wireless carrier may interfere with message delivery, including your equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent Notifications may not be timely sent or received and that neither SimpliSafe nor your wireless carrier guarantees that such Notifications will be delivered or sent.
Notwithstanding the foregoing, software embedded within any SimpliSafe System may contain, include, or be provided together with third-party software components, including software made available under an “open source” or similar licenses (“Third-Party Components”). Additional information regarding the Third-Party Components can be found at https://www.simplisafe.com/legal and/or in the software documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the respective copyright holders indicated therein. To the extent required by the license covering any Third-Party Component, the terms of such license will apply to such Third-Party Component instead of the terms of this Agreement. To the extent the license applicable to any Third-Party Component prohibits any of the restrictions herein with respect to such Third-Party Component, such restrictions will not apply to such Third-Party Component. To the extent the terms of the license applicable to any Third-Party Component requires SimpliSafe to make an offer to provide source code or related information in connection with such Third-Party Component, such offer is hereby made. Any request for source code or related information should be directed only to: email@example.com. All rights with respect to such software not licensed to you hereunder are fully reserved by SimpliSafe and/or its licensors.31. Suspension of Service. SimpliSafe's obligations under this Agreement are waived automatically without notice and you release SimpliSafe for all Losses following any default or breach of this Agreement by you or if the monitoring facility, or Communications Equipment and Services are destroyed, damaged, inoperable or malfunction for any reason whatsoever, for the duration of such interruption of service, and you shall be entitled to a credit of the unearned charges paid for the period of interruption on your request, which credit shall not exceed more than one month's service charge and shall be the limit of SimpliSafe's liability. If this Agreement is terminated or the Services are suspended or terminated for any reason, you shall immediately disconnect the System from all Communications Equipment and Services (e.g., telephone line, radio transmitter, cellular transmitter, etc.). Upon termination of this Agreement or if the Services are suspended or terminated for any reason we may, in our sole discretion, without notice, and without any liability, remotely disable, disconnect or block the System and data from the System from communicating with the monitoring facility.32. Time Limitation on Actions. All claims, actions or proceedings against SimpliSafe must be commenced in court within one (1) year after the cause of action has accrued, without judicial extension of time, or such claim, action or proceeding is barred. The time period in this Section must be complied with strictly.33. Integrated Agreement. This Agreement and any document made a part of this Agreement contains the entire agreement between the parties respecting the transactions described in such documents and supersedes all prior or current negotiations, commitments, contracts (express or implied) warranties (express or implied) statements and representations, whether written or oral, pertaining to such transactions, all of which shall be deemed merged into this Agreement. NEITHER PARTY HAS MADE ANY REPRESENTATION, TERM, PROMISE, CONDITION, STATEMENT, WARRANTY, OR INDUCEMENT (COLLECTIVELY, "INDUCEMENT") NOT EXPRESSED IN THIS AGREEMENT RESPECTING THE TRANSACTIONS DESCRIBED IN THIS AGREEMENT AND ANY DOCUMENT MADE A PART OF THIS AGREEMENT AND, IN ENTERING INTO THIS AGREEMENT, NEITHER PARTY IS RELYING ON ANY INDUCEMENT WHICH IS NOT SET FORTH IN THIS AGREEMENT.34. Valid Agreement. Should any provision of this Agreement (or portion of this Agreement), or its application to any circumstances, be held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provision and this Agreement, or of such provisions as applied to any other circumstances, shall not be affected thereby, and shall remain in full force and effect as valid, binding and continuing.35. Modifications. Additions, amendments, modifications or deletions to these terms shall not become part of the Agreement unless agreed to in writing by the parties; provided that SimpliSafe may add, amend, modify or delete the terms of this Agreement by providing prior written notice of such addition, amendment, modification or deletion on its website at www.simplisafe.com/terms-of-service and/or via a notice delivered pursuant to Section 40 (ii), which amended terms shall be binding upon the parties.36. Right to Subcontract. Monitoring of the System is provided by a third party independent contractor. Likewise, any Third Party Responder is also an independent contractor. SimpliSafe may, in its sole discretion, subcontract for the provision of any of the Services under this Agreement. The provisions of this Agreement inure to the benefit of and are applicable to (i) any subcontractors engaged to provide any of the Services to you, including any monitoring facility and any Third Party Responder; and (ii) each of the SimpliSafe Parties (and any providers of Third-Party Products and Services, if any and solely as applicable), and bind you to all such persons or entities listed in the foregoing subsection (i) or (ii) with the same force and effect as they bind you to SimpliSafe. Any subcontractor we engage is an independent contractor and not our partner or joint venturer. You authorize us to act as your agent for purposes of working with, or providing any directions to, any subcontractors with respect to the provision of the Services. You authorize us to share your personal information with our subcontractors or Third Parties for the purpose of providing Services under this Agreement.37. Section Headings; Interpretation. The section titles used herein are for convenience of the parties only and shall not be considered in construing the provisions of this Agreement. When used in this Agreement, (i) the word "including" shall mean "including, but not limited to;" and (ii) the term "sole discretion" shall mean "sole and absolute discretion without any liability."38. Right to Notice and Cure. If SimpliSafe breaches this Agreement, you shall provide SimpliSafe written notice specifically identifying the nature of the breach and the provisions of this Agreement affected as a result of such breach. SimpliSafe may cure the breach within five (5) business days following SimpliSafe's receipt of the written notice or, if the breach cannot be reasonably cured within such period, may promptly commence to cure and diligently proceed until cured. If SimpliSafe cures any such breach, this Agreement shall continue unabated and SimpliSafe shall not be liable to you for any Losses arising out of or in connection with, due to or caused in whole or in part by any such breach.39. Dispute Resolution and Arbitration. PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. Certain portions of this Section 39 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and SimpliSafe agree that SimpliSafe intends that this Section 39 satisfies the “writing” requirement of the Federal Arbitration Act.
a. In the event of any dispute or disagreement between the parties, or claim or question by a party, arising from or relating to this Agreement or the breach hereof (collectively, a “Dispute”), the parties hereto shall use their best efforts to settle the Dispute. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of 60 days then, upon notice by either party to the other, such Dispute shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Consumer Arbitration Rules. Once the Dispute is submitted to the AAA for arbitration, each party must pay the appropriate filing fees. All expenses of the arbitrator and any AAA expenses shall be borne by SimpliSafe. The parties will remain individually responsible for their own attorney costs or other non-AAA required costs, including but not limited to the expenses of witnesses for either side, which shall be borne by the party producing such witnesses. If an in-person arbitration hearing is required, then it will be conducted at an American Arbitration Association office that is reasonably convenient for both parties. If the parties are unable to agree on a location, a determination on location shall be made by the Independent ADR Institution or the neutral arbitrator.
b. The arbitration will be heard and determined by a single neutral arbitrator selected by the AAA who is a retired judge or a lawyer with not less than 15 years of experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Consumer Arbitration Rules. The arbitrator will apply applicable law and the provisions of this Agreement and will determine any Dispute according to the applicable law and facts based upon the record and no other basis. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You can obtain the AAA procedures, rules, and fee information as follows:
In arbitration, as with a court, the arbitrator must honor the terms of this Agreement and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The parties agree that the arbitration shall be confidential. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing.
c. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 40) WITHIN 1 YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.
a. For Alabama Residents: AESBL License #2022/2023 -2045. All complaints or concerns regarding the installation or service of a lock, alarm, or CCTV system may be directed to the AESBL at 7956 Vaughn Road Montgomery, Alabama 36116 (334) 264-9388.
b. For Alaska Residents: License #171636. Mailing Address and Principal Place of Business: 294 Washington Street, 9th Floor, Boston, MA 02108.
c. For Arkansas Residents: License #CMPY.0002735. Regulated By: Division of Arkansas State Police, 1 State Police Plaza Drive, Little Rock, Arkansas 72209, 501-618-8600
d. For California Residents: Our self-installed System includes a base station and one or more entry, motion, glass-break, temperature, water, carbon monoxide, smoke, video, and/or other sensors as selected by you, and may also include one or more smart lock, key fob, siren, keypad, panic button, yard sign and/or window decal as selected by you. Additional services, such as emergency dispatch, video-related, and account-management services, may be provided in connection with the System as selected by you. Alarm company operators are licensed and regulated by the California Bureau of Security and Investigative Services, Department of Consumer Affairs, 2420 Del Paso Road, Suite 270, Sacramento, CA 95814. You may be required to pay permit fees by local jurisdictions for monitoring, and such fees may be passed through by SimpliSafe to you. By agreeing to these Terms of Service and/or completing a purchase of a System, you consent to the use of electronic records and the right to receive information about your legal rights and duties electronically. You have the right to a paper copy of any electronic documents upon request. SimpliSafe, Inc., 294 Washington Street, Boston, MA 02108. CA License No: 7994.
e. For D.C. Residents: License #ECS920408
f. For Florida Residents: License #EF20001757
g. Louisiana: Registration #F2562. Physical Address: 294 Washington Street, 9th Floor, Boston, MA 02108. 1-800-297-1605.
h. For Michigan Residents: 1001 Woodward Ave, Suite 05A135, Detroit, MI 48226
i. For Montana Residents: License #PSP-ELS-LIC-37834. Address: 294 Washington Street, 9th Floor, Boston, MA 02108
j. For Nevada Residents: License #0087963
k. For New Jersey Residents: Burglar/Fire Alarm Business License #34BF00065400. Address: 294 Washington Street, 9th Floor, Boston, MA 02108. 1-800-297-1605
l. For New Mexico Residents: License #403618. Required notice pursuant to Sec. 60-13-19 of the New Mexico Construction Industries Licensing Act: the license issued and the bond or other proof of responsibility required pursuant to the Construction Industries Licensing Act does not protect the consumer if the contractor defaults.
m. For Oklahoma Residents: License #AC440666
n. For Tennessee Residents: License #2012. See Section 2 of the SimpliSafe Terms of Service and the “Refund or Credit” section of the SimpliSafe Terms of Sale for refund policies and termination fees.
o. For Texas Residents: License #B09390101. 294 Washington Street, 9th Floor, Boston, MA 02108.
p. For Virginia Residents: License #11-18053
THE PARTIES ACKNOWLEDGE THAT THE AGREEMENT WAS NOT ENTERED INTO IN SUBSCRIBER’S HOME OR OTHER FACE-TO-FACE TRANSACTION BETWEEN THE PARTIES, AND THEREFORE NO FEDERAL OR STATE RIGHT OF CANCELLATION IS INTENDED TO APPLY TO THIS TRANSACTION.44. Limited Subscription Warranties (Product Protection Plans)
Existing customers who purchased a SimpliSafe System before January 17, 2022 (the “Subscription Product Protection Launch”) date will continue to have their original Limited Hardware Warranty of three (3) years from their purchase date. The term of the original Limited Hardware Warranty for other customers is one (1) year from the purchase date.
a. Interactive Lifetime Subscription Product Protection: Customers, who: (a) purchase a SimpliSafe System (which includes a base station) and (b) sign up for an Interactive Professional Monitoring subscription for 90 consecutive days before requesting support under this extended protection, qualify to have their original Limited Hardware Warranty on any Covered Products (as defined in the Terms of Sale) extended: (i) as long as they maintain their Interactive Subscription without any cancellation from the first time they activate this service, or (ii) except until a Covered Product’s manufacturer recommended product life expires (such as with life safety devices like smoke detectors and CO detectors which are each recommended to be replaced after 10 years from their manufacture date).
b. Other Subscription Product Protection: Customers, who: (a) purchase a SimpliSafe System (which includes a base station) and (b) sign up for any Service other than Interactive Professional Monitoring (monitoring service or Camera only plans) before the expiration of their original limited hardware warranty (explained in our Terms of Sale), qualify to have their original Limited Hardware Warranty extended on any Covered Products for up to two (2) additional years as long as they maintain the same service subscription throughout that 2 year extension period without any cancellation for a total possible term of up to three (3) years from the date of their original purchase of the Covered Product.
SimpliSafe reserves the right in its sole discretion to further extend this qualification date for existing customers and may do so from time to time to allow customers not benefiting from the extended product protection plans to join.
Subscription Product Protection limitations: These Limited Subscription Product Protection plans extend the original Limited Hardware Warranty protections provided by SimpliSafe to you, the initial purchaser of the System, with the same limitations as set forth in our Terms of Sale with the following additional Subscription Product Protection plan limitations.
These Subscription Product Protection plans are NON-TRANSFERABLE and only apply to the initial purchaser.
Subscription Product Protection plans expire once any Covered Item is discontinued (i.e. at SimpliSafe discretion or by obsolescence). If SimpliSafe, at its own discretion, supplies the subscriber with a replacement item under a Subscription Product Protection plan, that will be covered by a 1 year original Limited Hardware Warranty and any applicable Subscription Product Protection Plans thereafter as long as all other conditions are met.
Subscription Product Protection plans cover normal wear and tear, NOT unintended usage situations or when Covered Products are intentionally or otherwise damaged by improper use. SimpliSafe shall, at its own discretion, determine whether a product has been subjected to unintended or improper usage.
SimpliSafe reserves the right to offer any customer an opportunity to be grandfathered into one of these subscription product protection plans at any time subject to any conditions to be determined at SimpliSafe’s sole discretion.
SimpliSafe reserves the right to limit the number of redemptions for any given component or take other remedial actions if it finds that a customer is abusing a product protection plan.
SimpliSafe reserves the right to cancel any individual subscription for any reason, including suspicions of fraud or any other abuse of the product protection plan benefits. Product protection plans terminate once a subscription is terminated or otherwise interrupted.
SimpliSafe reserves the right to update and/or terminate these Subscription Product Protection plans at any point in time which, unless specified otherwise, would go into effect with the next billing cycle at the earliest. By signing up for any Service, you understand that these Subscription Product Protection plans are tied to your month to month service plan and are not part of your initial hardware purchase.
If, at the Company’s sole and reasonable discretion, certain critical Product, component and/or Software updates or replacements are needed to maintain reliable performance of your system or any components thereof during your subscription for any Services, and the Company makes corresponding hardware or software updates available (collectively, “Critical Updates & Replacements), upon notice the Customer agrees to take reasonable steps and follow provided instructions to effectuate such Critical Updates & Replacements, and to cooperate as reasonably requested to help schedule, coordinate or arrange for such Critical Updates & Replacements to be installed, delivered or implemented. Such Critical Updates & Replacements can include updated labeling, replacements of batteries, replacement of wifi or cellular modules, and even replacements of discontinued products.