Roku Smart Home Devices End User Agreement

Roku · agreement dated January 2, 2024 · Official agreement

46 cards.

Roku Smart Home Products and Services End User Agreement

This Roku Smart Home End User Agreement (hereinafter the “End User Agreement”) governs your use of Roku Smart Home “Products” and “Services” (as each term is defined below). This End User Agreement applies to you as an end user of Roku Smart Home Products and Services and Roku Inc. and/or its subsidiaries, suppliers, and affiliates (collectively, “Roku”, “we” or “us”) who provide you with the Roku Smart Home Products and Services.

By using or activating a Roku Smart Home Device, by linking your Roku account to a Roku Smart Home Device, or by pairing a Smart Home Device with other Roku devices that are linked your Roku account, you are accepting these terms. If you do not agree with these terms, you do not have the right to use Roku Smart Home Products and Services.

In accepting these terms, you are also agreeing that: (1) any disputes between us will be settled by binding arbitration (meaning we both give up the right to go to court), and (2) the software installed on your Roku devices may be automatically updated.

This End User Agreement describes: 1) the additional software licensing terms applicable to users of the Roku Smart Home Mobile Application (hereinafter the “Smart Home App”) that supplement the Roku Mobile App Terms of Use; 2) your use of Roku Smart Home devices (the “Products”); and 3) your use of the Roku Smart Home services (“Services”). Such Services may include support, software or Smart Home App features, device plans, premium content management tools, cloud storage, smart home voice command integrations, Roku Account and/or Roku Pay options, etc. to you via the Smart Home App, the Roku website (“Site”), third-party device integrations (e.g., AmazonAmazon Alexa or GoogleGoogle Home skills to control Products with voice commands), etc., which are operated and/or provided by Roku Inc. and/or its subsidiaries and affiliates to you as a Roku Smart Home end user.

In addition to this End User Agreement, your use of Roku Smart Home Products and Services may be subject to other Roku terms, conditions, policies, notices or product documentation, including but not limited to any additional or supplemental terms cross-referenced below and/or made available to you if/when such terms may be applicable. Please see our Legal Documents webpage for a full list of legal terms that may apply to you.

This Agreement and any terms incorporated herein by reference govern our Roku Smart Home Products and Services only. Other Roku devices such as Roku players, TVs, other streaming devices, and audio equipment, as well as Roku services and mobile apps that do not work with Roku Smart Home Products and Services are governed by other terms (e.g., the Roku Products Terms of Use, Roku TV Terms of Use, the Roku Channel Terms of Use, and the Roku Trademark Guidelines), as applicable. Certain product features, functionality, and content may be subject to additional terms, which will be provided to you separately where applicable. We reserve the right (at any time) to modify, suspend, or remove certain features, functionality, or content from the Products and Services.

Using Roku Smart Home Products and Services In order to set up and use Roku Smart Home Products and Services, you will need to create a Roku Account. Roku Accounts are governed by the Roku Account Terms, which are incorporated herein by reference. Our Privacy Policy provides information on how we collect, use and disclose information from our users and the use of our products.

Roku Products and Services are intended for personal, non-critical, home-based, non-commercial use in the United States only. You are not permitted to use the Products and Services if you are located in or your use may otherwise be subject to the laws of any other jurisdiction or authority outside the United States. The Product software may only be used with the device in which it was installed. Some software is subject to separate license terms and the right to access and use of that software is governed by the terms of the separately licensed code.

While certain Products and Services may be used to monitor and control settings in and around your home, such features are for informational purposes only except as expressly noted below. It is your responsibility to determine the appropriate response to all information you receive from or in connection with the Products and Services.

Restrictions

You may not use or otherwise export or re-export the Products, Services or related technology, or any content contained therein, except as authorized by export control and sanctions laws of the United States and any other government having jurisdiction. In particular, but without limitation, the Products and Services, and the technology and the content contained therein, may not be exported or re-exported to (a) any U.S. sanctioned or embargoed countries or regions; or (b) any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals, the U.S. Department of Commerce Denied Person's List or Entity List, or other U.S. sanctions or export control lists.

Acceptable Use

You are solely responsible for the use of your Roku Smart Home Products and Services and you will not (nor permit another person using your Products and Services to) violate applicable law, contractual obligation, intellectual property right, or commit a tort while using the Roku Smart Home Products or Services. Without limiting the generality of the foregoing, you will not:

If you violate the terms of this End User Agreement, we have the right to immediately suspend or terminate your right to access your Roku Account and/or your use of the Products and Services.

Privacy and other laws applicable in your jurisdiction may impose certain responsibilities on you and your use of the Products and Services. You agree that it is your responsibility, and not the responsibility of Roku, to ensure that you comply with any applicable laws when you use the Products and Services, including but not limited to any laws or regulations:

You may not use, purchase or sign up for any of the Roku Smart Home Products or Services if you were previously prohibited by Roku from using the Products or Services.

If your use of Products or Services is prohibited by applicable law, then you aren’t authorized to use the Services or Products. We can’t and won’t be responsible for your using the Services or any Products in a way that breaks the law.

Software Updates

From time to time, Product software, Services, or applications that are used by your Product may require an update. Updates include things like bug fixes, improvements to the user interface or how you access content, for security purposes, and other changes that may add, change, or remove certain features and functionality.

Updates are necessary to maintain the operation and functionality of the Products and Services. You agree to promptly install any required or critical updates that Roku makes available to you. Updates may also be automatically installed without providing any additional notice or obtaining any additional consent from you, and you hereby consent to these automatic updates. These updates will be installed via the internet (data charges may apply) and are often completed in the background. Installation of such updates should not interfere with your use of the Products and Services; however, some updates may require you to restart a Product and/or other connected device. Roku will not be liable to you or to any third-party for any modification, suspension or discontinuance of the Products and Services or any part thereof.

Voice and Other Connected Third-Party Services

When you connect a Product to a Service or other application (such as Google Assistant or Amazon Alexa) to enable voice commands (where such functionality is supported), Roku Smart Home Products and Services may rely on or inter-operate with third-party products and services, including, without limitation, data storage services, communications technologies, Internet of Things (“IoT”) platforms, third party app stores, and internet and mobile operators (collectively, “Third-Party Services”). Your use of the Products and Services will be subject to all relevant terms between you and Roku noted herein, as well as any applicable terms between you and the provider of the Third-Party Content (e.g., Google or Amazon) to the extent such third-party terms are applicable to you.

When using the voice features, you are authorizing us (and our service providers who help provide these services) to record, process, and store your verbal inputs (a recording and/or readout of what was said) along with information about your Product in order to provide these services to you. Go to support to learn more.

If you decide to connect Third-Party Services to any Products and Services, it may impact, or be impacted by, the use and reliability of the Services and Products. You acknowledge that:

From time to time, we may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content, data, information, and other materials available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to our end users who may be interested in such content.

Please note, however, that Roku does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content that may be accessible from a Roku Site or in connection with the use of a Product or Service (such as, but not limited to Third-Party Content accessed via a hyperlink on the Roku Site); using such Third-Party Content with the Products and Services; or the privacy protections that apply to any personal data or other information you may provide to a third party. In other words, your access to and use of such Third-Party Content is at your own risk and subject to the terms and policies of third parties other than Roku. Please read all applicable third party terms of use and privacy policies carefully. In the event that both Roku terms and those of a third party apply to Third Party Content in connection with your use of the Products and Services, you agree that you will comply with your obligations under this End User Agreement to the greatest extent possible and such obligations will supersede any less onerous requirements imposed by overlapping third-party terms.

For example, third-party code may be utilized in connection with the Products or Services that may be subject to 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 this End User Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Open-source Software.

Home Monitoring Services and Requesting Emergency Assistance

In some cases, you may have the option to purchase Roku Smart Home Monitoring Services and/or sign up for services that provide access to emergency assistance at the push of a button (either in-app, online or on a device) (“Emergency Response Button”). These premium features are provided, in whole or in part, by third parties. Such home monitoring services include monitoring, communications, signal transmissions, or other services.

When a trigger event is conveyed to our monitoring team (i.e., your home monitoring sensors detect suspicious activity or there is a call for emergency services via an Emergency Response Button) our call center personnel will attempt to contact you and/or your designated emergency contacts before emergency services are dispatched to verify help is needed and obtain additional details that may assist responders. If you or your designated contacts are unreachable and/or responders determine the call to be a false alarm or constitutes a misuse of emergency services, you are responsible for any fines, fees, costs, expenses or penalties resulting therefrom.

Roku has no control over response times for emergency responders. You acknowledge that you may be able to reach emergency services more quickly by telephone, including by dialing 911. Roku is not responsible for any damages incurred by the failure or delay of the Services or Products. Please contact emergency responders or other designated authorities for help if you believe the health or safety of someone might be at risk. You hereby release Roku and its service providers and partners from all claims, losses and damages that may arise from any forced entry or delayed response.

Our Partners and Service Providers

To the extent permitted by law, the limitations of liability and user restrictions and obligations set forth in this Agreement shall apply to our service providers and partners, their work, products, or services that provide supplemental home monitoring capabilities and emergency response services in the same manner as it applies to Roku. Supplemental home monitoring subscriptions and emergency response services may also be governed by a separate agreement between you and the service provider, in which case both these terms and the agreement with the service provider will apply to your use of these premium features.

Intended Use

We make no warranty or representation that use of any Products or Services will affect or increase your level of safety. The Products and Services, including those integrated with other third-party reporting or monitoring services, ARE NOT intended to be relied upon for safety, security, threat detection/reporting, or for other urgent assistance, and are not certified for use in an emergency.

While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Products and Services are subject to sporadic interruptions and failures for a variety of reasons, including those beyond Roku’s control, such as wifi intermittency, service provider uptime, and mobile operators, among others. The Services may be suspended temporarily, without notice, for security reasons, systems failure, maintenance and repair, or other circumstances. You will not be entitled to any refund, credits or rebate, or any other compensation, for such suspensions. Roku does not offer any specific uptime guarantee for the Services.

EXCEPT AS SPECIFIED IN CONNECTION WITH HOME MONITORING SERVICES AND SERVICES PROVIDED TO SUBSCRIBERS OF ROKU’S EMERGENCY RESPONSE BUTTON FEATURE (INCLUDING THE LIMITATIONS ASSOCIATED WITH THE USE OF SUCH SERVICES AND FEATURES), ROKU PRODUCTS AND SERVICES ARE NOT A MONITORED EMERGENCY NOTIFICATION SYSTEM, 911 SERVICE, OR A LIFESAVING SOLUTION FOR PEOPLE AT RISK IN THEIR HOME OR OTHERWISE. IF YOU SUBSCRIBE TO PREMIUM SERVICES SUCH AS PROFESSIONAL HOME MONITORING AND/OR OTHER PREMIUM EMERGENCY RESPONSE SERVICES PLEASE REFER TO THE TERMS IN PLACE BETWEEN YOU AND THE THIRD PARTY PROVIDER OF SUCH SERVICES FOR INFORMATION ABOUT THE CAPABILITIES AND LIMITATIONS OF THE SERVICES THEY PROVIDE TO YOU. ROKU IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF THESE THIRD PARTY SERVICE PROVIDERS AND FACILITATES ACCESS TO THEIR SERVICES WHICH ARE COMPATIBLE WITH OUR SMART HOME PRODUCTS EXCLUSIVELY AS A CONVENIENCE TO YOU.

Roku’s Proprietary Rights

Roku’s Smart Home Products and Services, including the text, graphics, images, photographs, videos, illustrations and other content and intellectual property contained therein are proprietary to Roku (and/or its licensors) and protected by copyright, trademark, and other laws of the United States and other countries. You may not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying your Roku product or from any content provided via the Roku product.

Roku (or the applicable licensor) reserves all rights, title and interest in and to the Products or Services, including all related intellectual property rights.

Disclaimers

Except for the limited product warranty accompanying the device, the Products and Services are provided “AS IS” and on an “AS AVAILABLE” basis and to the maximum extent permitted by applicable law, WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the services provided by the product will meet your requirements or will be available on an uninterrupted, secure, or error-free basis.

We make no warranty regarding the quality of any information or content provided by or through the Products and Services. While Roku attempts to make your use of our Products and Services and any content therein safe, we cannot and do not represent or warrant that content, Products, Services, networks or other systems are free of viruses or other harmful components.

You assume the entire risk as to the quality and performance of the Products and Services. Roku offers a limited warranty for certain Products in accordance with the terms of its published limited warranty and returns policy (the “Limited Warranty”).

Limitation of Liability

WHEN PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE PURCHASE PRICE (THAT YOU PAID) FOR THIS PRODUCT. IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

To the fullest extent permitted by applicable law, you release Roku, its subsidiaries, affiliates, and suppliers of Products and Services, and each of their respective licensors, officers, directors, agents, partners and employees, from responsibility, losses, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence, personal injury or loss of life), arising out of or related to: (i) your use of the Products and Services; (ii) disputes between users; and (iii) the acts or omissions of third parties, including as they may relate to Third-Party Content.

You agree, to the fullest extent permitted by law, to indemnify, defend and hold harmless Roku, our subsidiaries, affiliates, and suppliers of Products and Services and each of their respective officers, directors, employees, agents, licensors and suppliers (individually and collectively, the “Roku Parties”) from and against any and all losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to: (i) your access to or use of the Products or Services; (ii) your User Content or Feedback; (iii) your violation of this Agreement; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (v) your conduct in connection with the Products or Services. Nothing contained herein will be construed to require any indemnification which would render or make this clause, in whole or in part, void and/or unenforceable under applicable law. However, your indemnification obligation will not apply to any willful, wanton, intentional or reckless misconduct of the Roku Parties, or gross negligence of the Roku Parties in those states that do not permit indemnification for gross negligence. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Roku or the other Roku Parties.

You will promptly notify the Roku Parties of any third-party Claims, cooperate with the Roku Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). Roku reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Roku, and you will cooperate with our defense of such third-party Claims. You will not settle any third-party Claim without Roku’s prior written consent. Roku will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.” By waiving your rights provided under California Civil Code § 1542, your ability to bring future claims or challenge a settlement may be limited.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the disclaimers and limitations above may not apply to you.

Arbitration of Disputes

All claims arising out of or relating to your Roku account or any Roku product or service will be resolved exclusively through arbitration, according to these Dispute Resolution Terms, unless you opted out or another exception applies. We both agree that all claims may only be conducted on an individual basis (and not in a class, consolidated, or representative action).

Governing Law, Jurisdiction and Venue

These terms are governed by the laws of the State of Delaware, without regard to any conflict of laws principles that may provide the application of the law of another jurisdiction. If, for any reason, a claim proceeds in court rather than in arbitration, we both agree that the exclusive jurisdiction and venue for any legal proceeding is either federal court of the Northern District of California or state court in Santa Clara County, California.

General

These terms are between you and Roku and no other person has any right to enforce these terms on your behalf. Your rights are not transferable. Each paragraph is intended to operate separately. If any court or relevant authority determines that any terms are invalid or unenforceable, those terms will be enforced to the maximum extent permissible and the remaining terms will remain in full force and effect. If we delay or chose not to enforce these terms, that will not mean that we have waived our rights or that you do not have to comply with these terms.

These terms may be amended by us from time to time. If we make material changes to these terms, we will post the revised terms on our website and may also notify you through your Roku Product, Smart Home App, when you log into your Roku Account, or send you an email. Your use of the Products and Services after the changes go into effect will constitute your acceptance of those changes. If you do not agree to the new terms, do not continue using the Products and Services.

Contacting Us If you have any questions about these terms, you can contact us.

For assistance with Roku Smart Home Products and Services, we encourage you to visit the relevant Support section(s) of our website.

The availability customer support agents for Roku Smart Home Products and Services may be limited outside of standard operating hours. Please note that Roku customer support agents are only able to respond to support requests or inquiries submitted directly to our support team by phone or via the chat function on our website. Roku does not provide any commitments or guarantees as to response times or as to whether problems or concerns related to our Products and Services can be resolved or addressed.

Last Updated: January 2, 2024