Supplemental Terms for the SPRINKLER PLUS SERVICES

Updated: November 18, 2020

These Supplemental Terms for the Sprinkler Plus Services (these “Sprinkler Plus Terms”) are in addition to, and not in lieu of, your rights and obligations under the Wyze Terms of Service (the “Standard Terms”) and the Supplemental Terms for the Wyze Sprinkler (“Wyze Sprinkler Terms”). For information about how we collect, use, share and otherwise process information about you, please see our Privacy Statement.

These Sprinkler Plus Terms specifically apply to your use of the Wyze Sprinkler and associated products (collectively, the “Products”) and your access to and use of the websites (the “Site”), mobile application (the “Wyze App”) and certain other online products and services associated with Sprinkler Plus (collectively, the “Sprinkler Plus Services”) provided by Wyze Labs, Inc. (“Wyze” or “we”). By checking the box next to “I Agree to the Supplemental Terms for the Sprinkler Plus Service” or by using the Sprinkler Plus Services, you agree to these Sprinkler Plus Terms and the Standard Terms. If you do not agree to these Sprinkler Plus Terms and the Standard Terms, do not use our Sprinkler Plus Services. The Sprinkler Plus Services hereunder are deemed to be incorporated with and a part of the “Services” as defined in the Standard Terms. To the extent there is a conflict between these Sprinkler Plus Terms and the Standard Terms, these Sprinkler Plus Terms will govern such conflict. Capitalized terms used but not otherwise defined in these Sprinkler Plus Terms have the meanings set forth in the Standard Terms.

Wyze may also modify or amend these Sprinkler Plus Terms in its sole discretion without advance notice by posting the modified or amended Sprinkler Plus Terms on the Site or through the Wyze App (and/or by email notification if we so choose). Material changes to these Sprinkler Plus Terms will be posted in a prominent place or manner. Please check our Site or the Wyze App to see any updates or changes made to these Sprinkler Plus Terms. All modified terms and conditions will be effective after they are posted, unless a longer notice period is required by applicable law or unless we indicate in our posting or email notifications to you (if applicable) a specified effective date. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Sprinkler Plus Services, and, if applicable, cancel your Account. IF YOU DO NOT AGREE WITH ANY OF THE CHANGES TO ANY OF THESE SPRINKLER PLUS TERMS, YOU SHOULD CEASE ACCESSING OR USING THE SPRINKLER PLUS SERVICES. By continuing to access or use the Sprinkler Plus Services after Wyze posts any such revision to these Sprinkler Plus Terms, you agree to be bound by the updated or modified Sprinkler Plus Terms. These Sprinkler Plus Terms may not otherwise be modified or amended, except with the written agreement of both parties.

If you have any questions about these Cam Plus Terms or our Cam Plus Services, please contact Wyze at support@wyze.com or visit https://support.wyzecam.com.

License to Use

Subject to these Sprinkler Plus Terms, Wyze grants you a limited, non-transferable, non-exclusive right to access and use the Sprinkler Plus Services during the duration of your subscription for the sole purpose of using the Products and Sprinkler Plus Services to control your home sprinkler system for your personal, non-commercial use.

Installation and Use

Your installation and use of the Wyze Sprinkler and any other Product used in conjunction with Sprinkler Plus Services are subject to the Wyze Sprinkler Terms.

The Sprinkler Plus Services are intended for purely personal and household use. These Sprinkler Plus Terms do not permit you to use the Sprinkler Plus Services for a business or a workplace.

Disclaimers

YOU ACKNOWLEDGE THE SPRINKLER PLUS SERVICES MAY CONTAIN BUGS, ERRORS AND DEFECTS. ACCORDINGLY, THE SPRINKLER PLUS SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. WYZE DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE SPRINKLER PLUS SERVICES AND THEIR PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WYZE ATTEMPTS TO ENSURE WEATHER FORECASTS AND OTHER DATA PROVIDED THROUGH THE SPRINKLER PLUS SERVICES ARE FREE OF ERRORS BUT DOES NOT WARRANT THAT DATA PROVIDED THROUGH THE SPRINKLER PLUS SERVICES IS ACCURATE. WYZE HAS NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE THE SPRINKLER PLUS SERVICES OR FOR ANY LOSS OF DATA.

Other Sprinkler Plus Features

Because the Sprinkler Plus Services will continue to evolve over time, we may change or discontinue all or any part of the Sprinkler Plus Services, at any time and without notice, at our sole discretion. You also have the right to stop using the Sprinkler Plus Services at any time. We are not responsible for any loss or harm related to your inability to access or use any Sprinkler Plus Services.

Subscriptions

Use of the Sprinkler Plus Services requires purchasing an annual Sprinkler Plus Services subscription. Each Wyze Sprinkler you wish to enroll requires its own Sprinkler Plus Services subscription. See Section 7(I) of the Standard Terms for more information about how you will be charged for your subscription.

Cancellation

You may cancel your subscription to the Sprinkler Plus Services by contacting us at 1 (844) 999-3226 or through your Wyze Account, at any time and for any reason. However, if you do so, Wyze will not refund any Fees for the Subscription Period for the Sprinkler Plus Services that have been validly charged, debited or otherwise billed to your account as of the date of such termination.

Please remember that you must cancel twenty-four (24) hours in advance of the start of a new Subscription Period to avoid being charged for that Subscription Period. For example, if your subscription begins on January 1, you must cancel at least twenty-four (24) hours before February 1, which means you must cancel on January 30 to avoid being charged for the Subscription Period beginning February 1.

After you cancel your subscription to the Sprinkler Plus Services, you will continue to have access to the Sprinkler Plus Services until the end of your current Subscription Period.