These Terms of Service ("Terms") are a legal agreement between you and OpenAlarm. They govern your access to and use of our websites - openalarm.io, app.openalarm.io, and docs.openalarm.io - and the OpenAlarm service (together, the "Services").

Please read them carefully. By creating an account, joining our waitlist, or otherwise using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

Who we are

OpenAlarm is a trade name of 2411753 Alberta, Inc., a corporation existing under the laws of Alberta, Canada ("OpenAlarm", "we", "us", or "our").

What OpenAlarm is, and is not

OpenAlarm is a notification tool. When your own systems detect an alarm condition and send an event to OpenAlarm, we relay that event as messages - SMS, voice, push, or email - to the contacts you have chosen, so they can be notified and decide how to respond.

OpenAlarm is a messenger, not a monitor. You acknowledge and agree that:

• OpenAlarm is not a licensed, professional, or central-station alarm-monitoring service, and does not provide monitoring, guarding, or emergency-response services;
• OpenAlarm does not watch your property, does not verify alarms, and does not contact police, fire, medical, or other emergency services on your behalf;
• OpenAlarm is not a substitute for a professional monitoring service, a life-safety system, or emergency services such as 9-1-1;
• you must not rely on OpenAlarm as your sole means of alerting anyone to an emergency or of protecting life or property.

If you are experiencing an emergency, contact your local emergency services directly.

Eligibility

You must be at least the age of majority in your province, state, or territory and able to form a binding contract to use the Services. If you use the Services on behalf of an organization, you represent that you are authorized to bind it to these Terms.

Your account

You are responsible for the information you provide, for keeping your credentials secure, and for all activity under your account. You must provide accurate information and keep it up to date, including reliable ways to reach you and your contacts. Notify us promptly at contact@openalarm.io if you believe your account has been accessed without authorization.

Contacts and consent

The Services let you add contacts to be notified when an alarm is triggered. You are solely responsible for the people you add. You represent and warrant that you have obtained the consent of each contact to receive calls, text messages, and other notifications from OpenAlarm on your behalf, that the contact information you provide is accurate, and that you are entitled to provide it. You will promptly remove any contact who withdraws consent. You are responsible for any message or call charges your contacts may incur from their carriers.

Acceptable use

You agree not to:

• use the Services for any unlawful, harmful, deceptive, or fraudulent purpose;
• send false alarms, or harass, threaten, or send unwanted messages to any person through the Services;
• add a contact who has not consented to be contacted through the Services;
• interfere with, disrupt, probe, or attempt to gain unauthorized access to the Services or their infrastructure;
• exceed or circumvent any rate limit, quota, or plan restriction, or use the Services to send bulk or marketing messages;
• resell or provide the Services to third parties except as we expressly permit;
• reverse engineer or misuse our API other than through the interfaces and documentation we provide.

We may investigate suspected violations and take appropriate action, including suspending or terminating access.

Availability and delivery

We work to keep the Services reliable, but we do not guarantee that they will be uninterrupted, timely, secure, or error-free. Delivery of notifications depends on many factors outside our control, including third-party providers, mobile carriers, push-notification systems, internet connectivity, and the availability and settings of your and your contacts' devices. We do not guarantee that any message or call will be delivered, delivered on time, or received, and we are not responsible for failures, delays, or errors caused by these factors. You are responsible for testing the Services and confirming that they work for your setup.

Third-party services

The Services rely on and integrate with third-party products and services, such as your own smart-home systems, mobile carriers, and providers like Amazon Web Services, Twilio, Apple, and Google. We are not responsible for third-party services, and your use of them may be subject to their own terms.

Plans, billing, and cancellation

OpenAlarm offers a free tier and paid subscription plans. Paid plans are billed in advance on a recurring basis through our payment processor. By subscribing, you authorize us to charge the applicable fees to your payment method until you cancel. Fees are stated in Canadian dollars unless we say otherwise and are exclusive of taxes, which you are responsible for.

You may cancel at any time. Cancellation takes effect at the end of your current billing period, and you keep access until then. Except where required by law, fees are non-refundable, and we do not provide refunds or credits for partial periods.

We may change our plans, features, and prices. We will give reasonable notice of a price change affecting an active subscription, and the change will take effect on your next renewal; continuing to use a paid plan after that means you accept the new price.

Changes to the Services

OpenAlarm is under active development. We may add, change, suspend, or remove features, and impose or change limits on the Services, at any time. We will try to give reasonable notice of material changes that adversely affect a paid plan.

Intellectual property

The Services, including our software, designs, and content, are owned by OpenAlarm or our licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Services in accordance with these Terms. You may not copy, modify, distribute, sell, or create derivative works from the Services except as expressly permitted. Our open-source components, such as our Home Assistant integration and client libraries, are provided under their own licenses, which govern your use of them. OpenAlarm and our logos are our trademarks, and these Terms do not grant you a right to use them.

Disclaimer of warranties

To the fullest extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, reliability, or availability. We do not warrant that the Services will meet your requirements, be uninterrupted or error-free, or that any notification will be delivered. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

Limitation of liability

To the fullest extent permitted by law, OpenAlarm and its directors, officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, or for personal injury, property damage, or other loss, arising out of or related to your use of, or inability to use, the Services, or to the failure, delay, or non-delivery of any notification, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability for all claims arising out of or related to the Services will not exceed the greater of (a) the amount you paid us for the Services in the twelve months before the event giving rise to the claim, or (b) CAD $100.

These limitations reflect the allocation of risk between us and are a fundamental basis of our agreement. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

Indemnification

You agree to indemnify and hold harmless OpenAlarm and its directors, officers, employees, and suppliers from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the Services, the content or contacts you provide, your violation of these Terms, or your violation of any law or the rights of any third party, including any claim by a contact you added.

Suspension and termination

You may stop using the Services and close your account at any time. We may suspend or terminate your access to the Services, with or without notice, if you violate these Terms, if we are required to by law, or if we discontinue the Services. On termination, your right to use the Services ends. Sections that by their nature should survive - including ownership, disclaimers, limitation of liability, indemnification, and governing law - will survive.

Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above, and for material changes we will take reasonable steps to notify you. Your continued use of the Services after an update means you accept the revised Terms.

Governing law and disputes

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. You agree that the courts located in Alberta, Canada will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, and you consent to the jurisdiction and venue of those courts.

General

These Terms, together with our Privacy Policy and any plan-specific terms, are the entire agreement between you and OpenAlarm regarding the Services. If any provision is found unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them, including to an affiliate or a successor. Nothing in these Terms creates a partnership, agency, or employment relationship between you and us.

How to contact us

Questions about these Terms? Contact us:

OpenAlarm
Email: contact@openalarm.io