myDevices Sales Terms
Last Updated: May 2018
We are myDevices, Inc. (“myDevices”, “our”, “us” or “we”).
Your purchase, access to, and use of, all myDevices Internet of Things software products (collectively, the “Products”) via the Web App or Mobile Apps (as each such terms are defined below), is subject to the terms and conditions set forth in these Sales Terms, as well as the:
Terms of Service set forth at (the “Terms of Service”);
Return, Refund and Limited Warranty set forth at (“Warranty”); and
Capitalized terms used, but not expressly defined, herein shall have the definition and meaning given to such capitalized term in the Terms of Service, or elsewhere in the Agreement. myDevices reserves the right, in its sole discretion, to modify, amend or supplement any term or condition of the Agreement at any time with or without notice. If you continue to use the Services after any such modifications, amendments or supplements are made, you are then accepting and agreeing to be bound by them.
BY CLICKING “I ACCEPT” OR BY ACCESSING AND USING THE SERVICES (AS DEFINED BELOW), YOU ARE AGREEING TO ALL OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT CLICK “I ACCEPT” AND DO NOT ACCESS OR USE THE SERVICES.
1. What myDevices Sells; How myDevices Sells: myDevices provides access to the Products through both: (1) a website located at [www.myDevices.com] and related domains (collectively the “Web App” and the websites are collectively, the “Sites”), and (2) software that may be downloaded to a mobile device (the “Mobile App(s)”). Collectively, the Sites, Web App, Product, and Mobile Apps are referred to in these Terms as the “Services”. The following Sales Terms apply to all sales of Products and Services via our Sites, Web App(s) and/or Mobile App(s). myDevices only offers subscriptions and licenses to access and/or use the Services and Products and never sells or otherwise transfers ownership to the Products or Services. Any use of the word “sale” or “sell”, or similar words which could be construed as transferring ownership, shall only be construed herein as transferring a license to use and/or access unless the context requires otherwise. Your purchase of Products and Services from myDevices, whether online via the Web App(s), Mobile App(s), or Sites or directly from a myDevices sales representative, constitutes your agreement to be bound by these Sales Terms and the other terms and conditions of the Agreement.
You agree to: (1) provide current, complete and accurate purchase and account information for all purchases made; and (2) promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
3. Pricing; Payment; Billing: You agree: (1) to pay all fees for orders you place with us based on our then-current fees, charges, and billing terms at the time of purchase; and (2) that myDevices is permitted to bill you for the applicable fees, any applicable tax, and any other charges you may incur in connection with your purchase and the fees will be billed to your credit card, debit card, or other payment method designated on your initial order. myDevices is not liable for any loss caused by any unauthorized use of your credit card, debit card or any other method of payment by a third party in connection with your use of the Services. myDevices reserves the right to change its billing methods at any time. All descriptions of Products and Services, or pricing, are subject to change at any time.
All fees for and payments of a Subscription are in US Dollars unless otherwise noted at the time of purchase. Subscription is billed on a monthly or annual basis. The initial price for the Subscription you choose is posted on myDevices’s website on the date that you subscribe. myDevices reserves the right to change your Subscription terms and prices with appropriate notice to you. We do not provide upward or downward price protection or refunds in the event of promotions or price decreases offered after the date on which you subscribe.
You may pay for your Subscription with a major credit or debit card, or any other payment method accepted by our third-party payment processor at the time of purchase (“Payment Method”). We will charge your credit or debit card or account for your first Subscription fee on the date that we process your order for your Subscription and on or about each monthly or annual anniversary. Once your credit or debit card or account is charged the first Subscription fee, you will receive a confirmation email. If you have any dispute with any such charge, you must notify us in accordance with our Cancellation requirements, set forth below.
You acknowledge that the amounts billed each billing period may vary for reasons that may include differing amounts due to promotional offers or changing your Subscription. You authorize myDevices to charge your Payment Method for such varying amounts, or to provide you a credit, on your next billing cycle. Payments for our Subscription services are processed through our third party payment processors.
MYDEVICES WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON OR ABOUT EACH MONTHLY OR ANNUAL ANNIVERSARY OF THAT DATE THAT MYDEVICES FIRST CHARGES YOU FOR THE FIRST SUBSCRIPTION FEE. IN ADDITION AND, AS AUTHORIZED BY YOU DURING THE SUBSCRIPTION SIGN-UP PROCESS, MYDEVICES WILL CHARGE YOU THE APPLICABLE MONTHLY OR ANNUAL SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT UNLESS YOU CANCEL PRIOR TO THE RENEWAL DATE.
YOU MAY CANCEL YOUR AUTOMATIC SUBSCRIPTION RENEWAL FOR MONTHLY OR ANNUAL SUBSCRIPTIONS AT ANY TIME BY CONTACTING SUPPORT@MYDEVICES.COM. Please see more terms and conditions under “Cancellations” below.
myDevices may also obtain preapproval for an amount up to the amount of the transaction and contact you periodically by email to the email address associated with your account, by text/SMS message to the phone number associated with your account, via mobile push notification, or via other methods you authorize, for billing reminders, myDevices promotional offers and other account-related communications. Your registration and use of Subscription constitutes consent to receiving these communications from myDevices regarding your account. By purchasing our Products, you are agreeing that any agreements, notices, disclosures and other such communications sent to you by myDevices via any method of communication will satisfy any legal requirements, such as receiving notice in writing or certified mail. You will be liable for paying any and all applicable sales and use taxes for the purchase of your Subscription based on the mailing address that you provide when you register as a member, and you authorize myDevices to charge your credit or debit card for any such applicable taxes.
If myDevices is unable to successfully charge your credit card or payment account for fees due, myDevices reserves the right to revoke or restrict access to our services, delete your stored content in accordance with our data retention policies and procedures, or terminate your account. If you want to designate a different credit card or payment account, or if there is a change in your credit card or payment account status, you may change your Payment Method by logging into your account and making all necessary payment related changes to your account profile. Making such changes may temporarily disrupt your access to the services while myDevices verifies your new payment information and may result in a change to your payment billing date.
4. Resale, Transfer and Modifications of Orders: Purchases of Products and Services are intended for retail consumer end-use only, and no purchaser may resell any Products or Services unless such person or entity is an authorized reseller of Products and Services. We reserve the right to refuse any order placed with us for any reason. (including a reasonable suspicion that any order appear to be intended to result in a resale). Therefore, in our unilateral discretion, we may limit, cancel or reject quantities purchased on a per person, per household, or per order basis, in our sole discretion. Such determinations to restrict orders may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address on a one-time or serial basis.
In the event that we limit, cancel or reject an order, we may attempt to notify you by contacting the email and/or billing address and phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors or persons or entities we believe are purchasing with the intention of reselling. We also reserve the right to limit the sales of our Products and Services to any person, geographic region or jurisdiction.
Any offer for any Products or Services made on our Sites is void where prohibited by law.
5. Shipping and Returns:
Products: myDevices will pack and ship Products in accordance with our standard practices and the shipping rules of our shipping partners. You can choose the method of shipment and timing of delivery for Products ordered. We will charge you for shipping and handling. Scheduled shipment dates are estimates only. myDevices will make reasonable efforts to meet the scheduled shipment dates, but in no event will myDevices be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery for reasons outside of myDevices’s unilateral control.
Subscriptions to Services: A subscription to our Services (a “Subscription”), and the rights and privileges provided to a subscriber, are personal and non-transferable by assignment, sale or otherwise, each of which is specifically prohibited. You will not receive a refund, pro-rated or otherwise, if you sell or transfer your subscription to a Service to another person.
If you are not satisfied with any Product or Service purchased from myDevices for any reason, you may be entitled to return the Product, cancel a Subscription, and/or receive a full or partial refund. For full details on the return process and our refund policies, please see myDevices’s Return & Refund Policy located [here].
6. Free Trials: Your myDevices Subscription may begin with a free trial for a limited period of time. If you receive a free trial, the specific offer terms will be stated in the material describing the free trial offer. Free trials are for new myDevices customers only. We will not combine free trials with any other offers. When a free trial ends, if authorized by you during the registration process, your paid Subscription will begin and we will charge your payment method accordingly. myDevices reserves the right to determine and limit eligibility for any free trial.
Once your free trial period ends, we will begin billing your Payment Method for the monthly or annual Subscription fees corresponding to the Subscription you chose at the time of purchase (plus any applicable taxes), unless you cancel in a timely manner according to our policies prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method for continuation charges when redeeming a free trial offer. If you wish to avoid charges to your Payment Method, you must cancel your Subscription prior to the last day of your free trial period. You may cancel your Subscription at any time as described in the Cancellation section of these Terms.
7. Cancellations: Unless otherwise noted, any fees paid by you prior to your cancellation are nonrefundable (except as expressly permitted otherwise by this Agreement or as may be required by law), including any fees paid in advance for the billing cycle during which you cancel. Termination of your account past the relevant deadline for cancellation shall not relieve you of any obligation to pay any accrued fees or charges to which you committed and failed to timely cancel. Upon cancellation of your Subscription plan you will lose access to the benefits of the Subscription plan and, after a period of time, myDevices will delete information and data stored as part of your account in accordance with our current plans and related storage limits.