Innr Terms of Service - Read, save and print

Version: December 14^th, 2020

Thank you for your interest in Innr. This website (www.innr.com) and related websites (such as without limitation www.innrlighting.com, www.innr.nl, www.innrlighting.de, etcetera) (collectively called “Website”) are offered to you by Innr Lighting B.V. based in The Netherlands (“Innr”).

Acceptance

By accessing and using the Website, by making a user account, by using the LightAdvisor tool (“LA”), by using the Content (as defined hereinafter), by downloading or using any version of the Innr LightController application (“App”), and/or by using any other software or services provided on the Website or through the App or otherwise by Innr (“Services”), you agree to be bound by (i) these terms of service, (ii) the Innr Privacy Policy (which is incorporated herein by reference), and (iii) any and all terms and conditions contained and/or referenced herein, collectively called “Terms of Service”, and all such Terms of Service shall be deemed accepted by you. If you do NOT agree to the Terms of Service, you should NOT use this Website, the Content, the LA, the App, or the Services. The Terms of Service remain in full force and effect so long as you continue to use or access the Website, the Content, the LA, the App or the Services until terminated in accordance with the provisions of the Terms of Service.

Additional or deviating terms or specific terms and conditions may apply to:

Specific content, products, materials, services or information contained on or made available through this Website, the App, the LA, or the Services (hereinafter referred to as the “Content”);
Specific content, data, materials or information you may upload, submit and/or publish through this Website, the App, the LA, or the Services (“User Content”);
Transactions concluded through this Website, the App, the LA, or the Services.

Such specific terms may be in addition to the Terms of Service or, where and then only to the extent expressly specified, may supersede the Terms of Service. The Terms of Service do NOT govern the purchase of products through this Website. Your acceptance of the Terms of Service includes your acceptance of automatic software updates of the Content, LA, App, and Services, and of the products connected with the Services.

Modification

The Terms of Service may be amended by Innr at any time. Such amended Terms of Service shall be effective upon posting. Please check the Terms of Service published on this Website regularly to ensure that you are aware of all then current terms governing your use of this Website.

Innr reserves the right to discontinue or make changes or updates with respect to or in the Website, Content, LA, App or Services, or the format thereof at any time without notice. Innr reserves the right to terminate, restrict or refuse access of any person to the Website, Content, LA, App or Services or part thereof effective immediately without notice at any time and for any reason whatsoever in its sole discretion.

Intended Use

The Website, Content, LA, App and Services are intended to be accessed and used for non-time-critical information and control of the Innr products. While we aim for these to be highly reliable and available, they are not intended to be reliable or available 100% of the time. Availability of Website, Content, LA, App and Services is subject to sporadic interruptions and failures for a variety of reasons beyond the control of Innr, including for example Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, etc. You acknowledge these limitations and agree that Innr is not responsible for any damages allegedly caused by the failure or delay of the Website, Content, LA, App or Services in reflecting current status or providing notifications.

System Requirements

The LA, App and Services will not be accessible without: (i) a working Wi-Fi network in your home that is positioned to communicate reliably with the Innr products, including the bridge product; (ii) a registered user account; (iii) mobile clients such as a supported smart phone or tablet (required for some functionality); (iv) always-on broadband Internet access in your home for the initial set-up of the system (including the bridge) and for remote access thereafter; and (v) other system elements that may be specified by Innr. It is your responsibility to ensure that you have all required system elements, and that they are compatible and properly configured. You acknowledge that the LA, App and Services may not work as described when the requirements and compatibility have not been met.

Limitation of Liability

Although care has been taken to ensure the accuracy of the information on this Website, Innr assumes no responsibility therefor. ALL CONTENT, USER CONTENT, THE LA, THE APP AND SERVICES PROVIDED ON THIS WEBSITE AND OTHER SERVERS UNDER INNR CONTROL ARE PROVIDED “AS IS” AND “AS AVAILABLE”. INNR HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, THE CONTENT, USER CONTENT, LA, APP, OR SERVICES. Innr does not warrant or make any representations as to the security of this Website nor that the Website, Content, User Content, LA, App, Services, or the servers which make them available will be and remain available uninterrupted and error-free, nor that electronic communications sent by Innr are free from viruses or any other harmful elements.

As a registered user, you will be able to create User Content. You can decide to share photos and scenes publicly. If you decide to share your photos and scenes publicly, you should have no expectation of confidentiality of that User Content.

Any material downloaded or otherwise obtained through the use of this Website, the Content, User Content, LA, App, or Services is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that could result from the download of any such material.

IN NO EVENT SHALL INNR BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE, THE CONTENT, USER CONTENT, LA, APP, OR SERVICES, EVEN IF INNR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST INNR PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE, THE CONTENT, USER CONTENT, LA, APP, OR SERVICES MUST BE COMMENCED AND NOTIFIED TO INNR IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

If you live in a country or state that does not allow (part of) the foregoing exclusions or limitations of liability or any part of the disclaimers of warranties above, such exclusions or limitations will apply to you only to the extent such exclusions or limitations are allowed and they shall be limited to the extent required by applicable law.

Privacy Policy

Personal information provided or collected through or in connection with this Website shall only be used in accordance with the Innr Privacy Policy, available on this Website. The Terms of Service are subject to the Innr Privacy Policy.

Third Party Content

This Website may provide links to other websites that are not under the control of Innr. Innr shall not be responsible in any way for the content of such other websites. Innr provides such links only as a convenience to the user of this Website, and the inclusion of any link to any such website does not imply endorsement by Innr of its content. Innr is in no way responsible for the content of any website owned by a third party (including the app stores) that may be linked to the Website, Content, User Content, LA or App via hyperlink, whether or not such hyperlink is provided by the Website, Content, User Content, LA or App or by a third party in accordance with the Terms of Service. Any link on our Website, Content, User Content, LA or App to another website is not an endorsement of such other website and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which the Web Site, Content, User Content, LA or App may link.

Intellectual Property Rights

Copyright and all other proprietary rights in the Website, Content, User Content, LA, or App (including but not limited to software, audio, video, text and photographs) rests with Innr Lighting B.V. or its licensors. All rights in the Website, Content, User Content, LA, or App not expressly granted herein are reserved. Except as otherwise provided, the Content, LA or App as published on this Website may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, LA or App including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Innr is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

With the exception of photos, videos and text uploaded as part of a request for support, including by e-mail or as Feedback in the Support section of the App, all User Content will be treated as non-confidential and non-proprietary, and immediately become the property of Innr. Innr may use such User Content as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Content.

Photos, videos and text uploaded as part of a request for support will be used for the sole purpose of providing the requested support.

Any software made available for downloading from or through this Website, the Content, User Content, LA or App is licensed subject to the terms of any applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. INNR HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

Content License

Subject to the Terms of Service, Innr hereby grants you a non-transferable, non-exclusive right (without the right to sublicense) to access and use the Content, LA, App, and/or Services by (i) using the App in connection with and for the purpose of controlling and monitoring connected products installed on your property, and (ii) installing and using the App solely on your handheld device (such as a smart phone or tablet).

Innr may from time to time develop patches, bug fixes, updates, upgrades or other changes to improve the performance of any of the software (Content, LA, or App) and Services made available via the Website or otherwise. The rights granted herein are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Content, LA, App, or Services; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Content, LA, App, or Services; (iii) you agree not to access the Content, LA, App, or Services in order to build a similar or competitive service; (iv) except as expressly stated herein, no part of the Content, LA, App, or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Innr products, the product software, the Content, LA, App, or Services or any other system, device or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Website or the Content, LA, App, or Services nor violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Content, LA, App, or Services by means other than through the interface that is provided by Innr; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed on the Website, Content, LA or App. Any future release, update, or other addition to functionality of the Website, Content, LA or App shall be subject to the Terms of Service.

User Content

You will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material as User Content. You shall not transmit chain letters, pyramid schemes, surveys and solicitations, shall not forge headers or manipulate identities or other data in order to disguise the origin of any material and/or User Content transmitted or manipulate your presence. You shall not interfere with or disrupt our websites, servers or networks or take any action that imposes an unreasonably or disproportionately large load on our infrastructure.

You affirm, represent and warrant that the User Content submitted does not infringe any proprietary right of another, such as but not limited to copyright, trademark or patent, or any confidentiality obligation. You acknowledge and agree that any of your ideas, submissions or discussions or any other User Content provided by you that is not the subject of intellectual property right protection may be used by any other contributor without compensation or attribution.

You hereby grant to Innr a worldwide, irrevocable, royalty free, non-exclusive, sublicensable and transferable license to use, reproduce, prepare derivative works of, distribute, publicly perform, publicly display, transmit, commercially exploit and publish User Content provided by you, on the Website, in the LA or App or in other marketing or public relations materials in any and all media, with the exception of User Content provided as part of a request for support.

You shall be solely responsible for your own User Content and the consequences of posting, submitting and/or publishing it. Innr may, but is not obligated to, review and monitor User Content before and/or after it is submitted. However, you acknowledge that it is impossible for Innr to monitor or review all User Content. Without limitation, Innr will not and cannot be held responsible for the accuracy, completeness, quality or validity of User Content posted by third parties.

Innr does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Innr hereby expressly disclaims any and all liability in connection with User Content. Innr has the sole right and ability to edit and/or remove messages or any other User Content which are objectionable, improper or otherwise in breach of the Terms of Service for any reason at any time without notice or consent and at its sole discretion.

Open Source

Certain items of independent, third party code may be included in the Website, LA, App and/or other software that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms of Service limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. In particular, nothing in these Terms of Service restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL.

Indemnification and Release

You agree to indemnify and hold harmless Innr, its partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorney and professional fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other User Content you submit on the Website, Content, LA or App or any violation of these Terms of Service by you.

Shut Down of Services

Innr reserves the sole right to shut down the Website, Content, User Content, LA, App, Services, or any part thereof for any reason at any time without notice or consent. Innr will have no responsibility or liability for failure to store or delete any User Content submitted to the Website, Content, LA or App.

Availability

The Website, Content, User Content, LA or App may contain references to specific Innr products and/or services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such Innr products or services shall be available at any time in any particular country.

Applicable Law

These Terms of Service shall be governed by and construed in accordance with the laws of The Netherlands. You agree to the non-exclusive jurisdiction of the courts in Amsterdam, The Netherlands for any dispute, claim or cause of action arising out of, or relating to or in connection with these Terms of Service or your use of this Website, the Content, User Content, LA, App, and/or Services, including any dispute relating to the existence or applicability of these Terms of Service, provided that you agree to submit any such disputes, claims or causes of action exclusively to the court of Amsterdam, The Netherlands.

If you have a question or complaint, please contact us through your preferred channel:

Innr Lighting B.V.
Catharina van Renneslaan 20
1217 CX Hilversum
The Netherlands

Email: service@innr.com
Telephone: +316 43421782

Chamber of Commerce Registry: 564 566 70
VAT number: NL852134332