Roku Smart Home Devices End User Agreement

Legal Rights & Agreement Rules · Restriction or exception

This agreement governs only Roku Smart Home Products and Services

Roku Inc. and its subsidiaries, suppliers and affiliates act collectively as “Roku” and this End User Agreement governs your use of Roku Smart Home “Products” and “Services”. Its scope is limited to those Smart Home Products and Services: other Roku devices such as players, TVs, other streaming devices and audio equipment, and other Roku services and mobile apps that do not work with the Smart Home Products and Services, fall under different terms. Within the Smart Home scope, individual features, functionality or content may still carry additional terms that Roku says it will provide separately.

Supporting quotations

governs your use of Roku Smart Home “Products” and “Services” (as each term is defined below)

Roku Inc. and/or its subsidiaries, suppliers, and affiliates (collectively, “Roku”, “we” or “us”)

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

Qualifications & exceptions

• Applies to end users of Roku Smart Home Products and Services, and to Roku Inc. and/or its subsidiaries, suppliers and affiliates collectively as “Roku”
• “This Agreement and any terms incorporated herein by reference govern our Roku Smart Home Products and Services only” — other Roku devices and unrelated Roku services are governed by other terms, as applicable
• Certain product features, functionality and content may be subject to additional, separately provided terms
• Roku reserves the right at any time to modify, suspend or remove certain features, functionality or content

Not stated here

• The linked Roku Products Terms of Use, Roku TV Terms of Use, The Roku Channel Terms of Use and Trademark Guidelines are named but not supplied with this document
• Which additional terms apply to a given feature is not determined in this document

Legal Rights & Agreement Rules · Restriction or exception

Using, activating or pairing a Smart Home device accepts these terms

Acceptance is formed by conduct rather than signature: using or activating a Roku Smart Home Device, linking your Roku account to a device, or pairing a Smart Home Device with other Roku devices linked to your Roku account all count as accepting these terms. If you do not agree, the document states you have no right to use the Products and Services. Accepting also carries two specific acknowledgements: disputes go to binding arbitration (both sides give up the right to go to court) and software on your Roku devices may be updated automatically.

Supporting quotations

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.

any disputes between us will be settled by binding arbitration (meaning we both give up the right to go to court)

the software installed on your Roku devices may be automatically updated

Qualifications & exceptions

• Three acceptance triggers: using or activating a device, linking your Roku account to a device, or pairing a device with other Roku devices linked to your account
• Acceptance includes agreeing to binding arbitration and to automatic software updates
• No right to use the Products and Services if you do not agree

Not stated here

• Whether the arbitration opt-out or exceptions referenced later change this acknowledgement is stated in the separate Dispute Resolution Terms, which are not supplied here

Legal Rights & Agreement Rules · Context

The agreement adds app licence terms and sits alongside other Roku terms

The document states three subject areas: additional software licensing terms for the Roku Smart Home Mobile Application (the “Smart Home App”) that supplement the separate Roku Mobile App Terms of Use; your use of Roku Smart Home devices (the “Products”); and your use of the Roku Smart Home services (“Services”). The Services description is open-ended and lists support, app features, device plans, premium content management tools, cloud storage, smart home voice command integrations, and Roku Account and/or Roku Pay options, delivered through the Smart Home App, the Roku website and third-party integrations such as Amazon Alexa or Google Home skills. Beyond this document, other Roku terms, conditions, policies, notices or product documentation may also apply, and Roku points to its Legal Documents webpage for a full list.

Supporting quotations

the additional software licensing terms applicable to users of the Roku Smart Home Mobile Application (hereinafter the “Smart Home App”) that supplement the

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.

your use of Roku Smart Home Products and Services may be subject to other Roku terms, conditions, policies, notices or product documentation

Qualifications & exceptions

• The Smart Home App licensing terms supplement, and do not replace, the separate Roku Mobile App Terms of Use
• The list of Services is illustrative (“may include … etc.”), not exhaustive
• Other Roku terms, policies, notices or product documentation may apply in addition

Not stated here

• The Roku Mobile App Terms of Use and the Legal Documents webpage listing are referenced but not supplied with this document

Legal Rights & Agreement Rules · Restriction or exception

Products are for personal, non-commercial US home use only

The Products and Services are described as intended for personal, non-critical, home-based, non-commercial use in the United States only, and use is not permitted if you are located in — or your use would be subject to the laws of — any other jurisdiction or authority outside the United States. Product software may only be used with the device in which it was installed, and some software is governed by separate licence terms whose access and use follow those terms.

Supporting quotations

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.

Qualifications & exceptions

• Intended use is stated as an intention, not a promise: personal, non-critical, home-based, non-commercial
• Not permitted where you are located in, or your use may be subject to, another jurisdiction or authority outside the United States
• Product software may only be used with the device it was installed in
• Separately licensed code keeps its own licence terms

Not stated here

• The separately licensed code terms are linked but not supplied with this document

Cross-references

• contrast (model-proposed): Scraping, framing and mirroring content are restricted — The framing prohibition allows copying or framing for your own intranet or internal business purposes, while another provision describes use as intended to be personal and non-commercial; the document leaves the two unreconciled.

Legal Rights & Agreement Rules · Restriction or exception

Products and Services may not be exported except as US export law allows

You may not use, export or re-export the Products, Services or related technology, or any content in them, except as authorised by United States export control and sanctions laws and the laws of any other government that has jurisdiction. The document names two specific destinations that are off limits: US sanctioned or embargoed countries or regions, and anyone on US restricted-party lists such as the Treasury Department's Specially Designated Nationals list, the Commerce Department's Denied Person's List or Entity List, or other US sanctions or export control lists.

Supporting quotations

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.

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

Qualifications & exceptions

• Permitted only “except as authorized by export control and sanctions laws of the United States and any other government having jurisdiction”
• Named prohibitions are illustrative (“In particular, but without limitation”)
• Covers the Products, the Services, related technology and content contained in them

Not stated here

• Which licences, if any, US authorities would authorise is not stated here

Legal Rights & Agreement Rules · Restriction or exception

You are solely responsible and must not break law, contracts or IP rights

The Acceptable Use section opens with a baseline: you are solely responsible for your use of the Products and Services, and you must not — and must not let anyone else using them — violate applicable law, a contractual obligation or an intellectual property right, or commit a tort while using them. The list that follows does not limit that baseline. One enumerated item restates it for this context: no use of the Products or Services for any illegal or unauthorised purpose, and no engaging in, encouraging or promoting activity that violates this agreement.

Supporting quotations

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:

use our Products or Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this End User Agreement

Qualifications & exceptions

• Responsibility is stated as solely yours, including for another person using your Products and Services
• Baseline covers applicable law, contractual obligations, intellectual property rights and torts
• The enumerated list does not limit the generality of the baseline (“Without limiting the generality of the foregoing”)
• Includes promoting or encouraging another activity that violates this End User Agreement

Legal Rights & Agreement Rules · Restriction or exception

Uses that disrupt other users or impair the Products or Services are barred

You may not use the Products or Services other than for their intended purpose, nor in any way that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying them, or that could damage, disable, overburden or impair how they function. The standard is stated in terms of what could happen, not only what does happen.

Supporting quotations

use our Products or Services other than for their intended purpose or in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Products or Services or that could damage, disable, overburden or impair the functioning of our Products or Services in any manner

Qualifications & exceptions

• Must be used for their intended purpose
• Covers effects on other users' enjoyment and on the functioning of the Products and Services
• Worded as what “could” happen, so attempted or potential effects fall within it

Legal Rights & Agreement Rules · Restriction or exception

Non-Roku applications that interact with the Products need written consent

Except for applications Roku itself provides, developing or using any application that interacts with the Products or Services requires Roku's prior written consent. Read with the third-party integration sections later in the document, this is the gate that applies before other applications are connected to a Smart Home device.

Supporting quotations

develop or use any applications, except those applications provided by Roku, that interact with our Products or Services without our prior written consent

Qualifications & exceptions

• Applications provided by Roku are outside the prohibition
• Consent must be prior and written
• Applies both to developing and to using such an application

Not stated here

• How to obtain that written consent is not described in this document

Legal Rights & Agreement Rules · Restriction or exception

Complying with recording and monitoring laws is your responsibility

Privacy and other laws in your jurisdiction may place duties on you when you use the Products and Services, and the agreement allocates those duties to you rather than Roku. The examples given are all about recording and monitoring: laws on recording or sharing video or audio content; laws requiring notice to, or consent from, third parties (for instance signage telling people audio/visual recording is taking place); laws requiring cameras that take visual or audio recordings to be angled so they do not record beyond your property boundary, including public pavements or roads; and laws governing monitoring of employees where you use your property as a workplace.

Supporting quotations

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

relating to the recording or sharing of video or audio content

requiring that notice be given to or that consent be obtained from third parties with respect to your use of the Products or Services

requiring that installation of any Product which takes visual and/or audio recordings be installed at such an angle that it does not take any recordings beyond the boundary of your property (including public pavements or roads)

requiring that if you use your property as a workplace, you comply with laws governing the monitoring of employees

Qualifications & exceptions

• Duty is on you, expressly not on Roku
• Applies to privacy and other laws applicable in your jurisdiction
• Camera-angle example extends to recordings beyond your boundary, including public pavements or roads
• Workplace example applies if you use your property as a workplace
• The examples are illustrative, not a complete list

Not stated here

• No specific jurisdictions or statutes are named, so which duties apply depends on where the device is used

Legal Rights & Agreement Rules · Restriction or exception

Liability limits and user duties also protect Roku's partners

To the extent the law allows, the liability limits and the restrictions and obligations set out in this agreement are extended to Roku's service providers and partners — their work, products or services that supply supplemental home monitoring and emergency response — in the same way they apply to Roku itself. Supplemental monitoring subscriptions and emergency response services may additionally be governed by a separate agreement between you and that provider, and where that exists both sets of terms apply to your use of those premium features.

Supporting quotations

Our Partners and Service Providers

the limitations of liability and user restrictions and obligations set forth in this Agreement shall apply to our service providers and partners

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

Qualifications & exceptions

• Extended “To the extent permitted by law”
• Covers partners' and service providers' work, products or services supplying supplemental monitoring and emergency response
• Includes both liability limitations and user restrictions/obligations
• A separate provider agreement, where one exists, applies alongside these terms

Not stated here

• No provider is named here and the separate provider agreement is not supplied

Legal Rights & Agreement Rules · Restriction or exception

Services may fail and suspensions carry no refund or credit

Roku aims for the Services to be highly reliable and available but states they are not intended to be reliable or available 100% of the time. Interruptions and failures happen for reasons including wifi intermittency, service provider uptime and mobile operators — factors beyond Roku's control. Services may also be suspended temporarily and without notice for security reasons, systems failure, maintenance and repair, or other circumstances. For those suspensions you are not entitled to any refund, credit, rebate or other compensation, and Roku offers no specific uptime guarantee for the Services.

Supporting quotations

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 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.

Qualifications & exceptions

• Not “intended to be reliable or available 100% of the time”
• Causes listed include wifi intermittency, service provider uptime and mobile operators, among others beyond Roku's control
• Temporary suspension may occur “without notice” for security reasons, systems failure, maintenance and repair or other circumstances
• No refund, credit, rebate or other compensation for such suspensions
• No specific uptime guarantee is offered

Not stated here

• No service-level figure, credit scheme or compensation process is described

Legal Rights & Agreement Rules · Restriction or exception

Products and Services are provided “as is” with warranties disclaimed

Except for the limited product warranty that accompanies the device, the Products and Services are provided “AS IS” and “AS AVAILABLE”, and Roku disclaims — to the maximum extent the law allows — implied warranties of merchantability, fitness for a particular purpose and non-infringement, and any warranties arising from course of dealing or trade usage. Roku also gives no warranty that the services will meet your requirements or be uninterrupted, secure or error-free. A further paragraph adds that there is no warranty about the quality of any information or content provided through the Products and Services, and that although Roku tries to make use safe it does not represent or warrant that content, Products, Services, networks or other systems are free of viruses or other harmful components.

Supporting quotations

Disclaimers

Except for the limited product warranty accompanying the device, the Products and Services are provided “AS IS” and on an “AS AVAILABLE” basis

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 cannot and do not represent or warrant that content, Products, Services, networks or other systems are free of viruses or other harmful components.

Qualifications & exceptions

• Express carve-out: “Except for the limited product warranty accompanying the device”
• Disclaimers apply “to the maximum extent permitted by applicable law”
• Disclaimed warranties include merchantability, fitness for a particular purpose, non-infringement, and course of dealing or trade usage
• No warranty of meeting your requirements or of uninterrupted, secure or error-free availability
• No warranty about quality of information or content, and no representation that systems are free of viruses or harmful components

Not stated here

• The accompanying limited product warranty is not part of this document and is not supplied here

Cross-references

• qualifies (model-proposed): You assume the risk of quality and performance of the Products — Both sit in the Disclaimers section: warranties are disclaimed except for the limited product warranty, and the user is left assuming the risk of quality and performance subject to that warranty.

Legal Rights & Agreement Rules · Restriction or exception

You assume the risk of quality and performance of the Products

You assume the entire risk as to the quality and performance of the Products and Services. The one carve-out mentioned is a limited warranty Roku offers for certain Products under its published limited warranty and returns policy, which is linked rather than set out here.

Supporting quotations

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

Limitation of Liability

Qualifications & exceptions

• The assumption of risk covers both quality and performance
• The referenced limited warranty applies only to certain Products and follows the published limited warranty and returns policy

Not stated here

• The linked limited warranty and returns policy document is not supplied here, so its duration, coverage and claim process are unknown from this source

Cross-references

• qualified by (model-proposed): Products and Services are provided “as is” with warranties disclaimed — Both sit in the Disclaimers section: warranties are disclaimed except for the limited product warranty, and the user is left assuming the risk of quality and performance subject to that warranty.

Legal Rights & Agreement Rules · Restriction or exception

Roku's total liability is capped at what you paid for the product

Where the law permits, Roku excludes responsibility for indirect, special, consequential, exemplary and punitive damages. To the extent the law permits, its total liability to you from all causes of action and under all theories of liability — including implied warranties — is limited to the purchase price you paid for this Product. In all cases Roku also excludes liability for loss or damage that is not reasonably foreseeable.

Supporting quotations

WHEN PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

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.

Qualifications & exceptions

• Excluded damages are indirect, special, consequential, exemplary and punitive damages, applying “WHEN PERMITTED BY LAW”
• Cap is “THE PURCHASE PRICE (THAT YOU PAID) FOR THIS PRODUCT”, applying “TO THE EXTENT PERMITTED BY LAW”
• The cap covers all causes of action and all theories of liability, including implied warranties
• A separate catch-all excludes loss or damage that is not reasonably foreseeable

Not stated here

• The document does not say whether any jurisdiction's law would prevent parts of this cap applying, beyond the later note that some jurisdictions do not allow certain exclusions

Cross-references

• qualified by (model-proposed): You release Roku and its suppliers from negligence and injury claims — The release of known and unknown claims, including negligence and personal injury, operates alongside the damages exclusions and purchase-price cap rather than replacing them.
• has exception (model-proposed): Some jurisdictions do not allow these exclusions, so they may not apply — b72 states the disclaimers and limitations above may not apply where a jurisdiction forbids such exclusions, which limits the reach of the purchase-price cap and the excluded damages.

Legal Rights & Agreement Rules · Restriction or exception

You release Roku and its suppliers from negligence and injury claims

To the fullest extent the law allows, you release Roku, its subsidiaries, affiliates and suppliers of the Products and Services, and each of their licensors, officers, directors, agents, partners and employees, from responsibility, losses, liability, claims, demands and damages of every kind — actual and consequential, known and unknown — expressly including claims of negligence, personal injury or loss of life. The release is tied to three things: your use of the Products and Services, disputes between users, and acts or omissions of third parties including as they relate to Third-Party Content.

Supporting quotations

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

Qualifications & exceptions

• Applies “To the fullest extent permitted by applicable law”
• Covers known and unknown claims, actual and consequential damages, expressly including negligence, personal injury or loss of life
• Released people are Roku, subsidiaries, affiliates, suppliers and their licensors, officers, directors, agents, partners and employees
• Three triggers: your use, disputes between users, and third-party acts or omissions including Third-Party Content

Not stated here

• How far a court would enforce a release covering unknown negligence or personal-injury claims is not addressed here

Cross-references

• qualifies (model-proposed): Roku's total liability is capped at what you paid for the product — The release of known and unknown claims, including negligence and personal injury, operates alongside the damages exclusions and purchase-price cap rather than replacing them.

Legal Rights & Agreement Rules · Restriction or exception

You must indemnify Roku for claims from your use or conduct

To the fullest extent the law allows, you agree to indemnify, defend and hold harmless Roku, its subsidiaries, affiliates and suppliers, and their officers, directors, employees, agents, licensors and suppliers (the “Roku Parties”), against all losses, liabilities, claims, demands, damages, expenses or costs arising from: your access to or use of the Products or Services; your User Content or Feedback; your violation of this agreement; your violation, misappropriation or infringement of anyone else's rights, including intellectual property or privacy rights; or your conduct in connection with the Products or Services. The clause is limited so it cannot require indemnification that would make it void or unenforceable, and it does not apply to the Roku Parties' own willful, wanton, intentional or reckless misconduct, or to their gross negligence in states that do not permit indemnifying gross negligence. It is additional to any other indemnity in a written agreement between you and Roku or the other Roku Parties.

Supporting quotations

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”)

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

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.

Qualifications & exceptions

• Applies “to the fullest extent permitted by law”
• Five triggers: your access/use, your User Content or Feedback, your violation of this agreement, your violation or infringement of others' rights, and your conduct
• Cannot be read to require indemnification that would render the clause void or unenforceable
• Does not cover willful, wanton, intentional or reckless misconduct of the Roku Parties, nor gross negligence in states that do not permit it
• Additional to, not instead of, indemnities in other written agreements

Not stated here

• “User Content or Feedback” is not defined in this document, so the reach of that trigger is not stated here

Cross-references

• qualified by (model-proposed): Roku may take over your defence at your expense — The notice, cooperation, payment and settlement-consent steps describe how the indemnity obligation is exercised, including Roku's right to take control of the defence at your expense.

Legal Rights & Agreement Rules · Procedure

Roku may take over your defence at your expense

The indemnity comes with a procedure. You must promptly notify the Roku Parties of third-party claims, cooperate in defending them, and pay all fees, costs and expenses of that defence, including attorneys' fees. Roku may assume exclusive control of the defence of any matter you must indemnify, at your expense, and you must cooperate; you may not settle a third-party claim without Roku's prior written consent. In return, Roku will use reasonable efforts to notify you of any such claim, action or proceeding once it becomes aware of it.

Supporting quotations

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

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

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.

Qualifications & exceptions

• Notice from you must be prompt; Roku's own notice duty is only “reasonable efforts” once it becomes aware
• You pay all fees, costs and expenses including attorneys' fees
• Roku's assumption of defence is “at your expense” and “exclusive”
• Settlement by you requires Roku's prior written consent

Not stated here

• No deadline for Roku's notice or for electing to take control is stated

Cross-references

• qualifies (model-proposed): You must indemnify Roku for claims from your use or conduct — The notice, cooperation, payment and settlement-consent steps describe how the indemnity obligation is exercised, including Roku's right to take control of the defence at your expense.

Legal Rights & Agreement Rules · Restriction or exception

California residents waive Civil Code section 1542 unknown-claim rights

If you are a consumer residing in California, you waive your rights under California Civil Code § 1542, which the document quotes in full: a general release does not extend to claims the creditor or releasing party does not know or suspect to exist in their favour at the time of executing the release, and which, if known, would have materially affected their settlement with the debtor or released party. The document states the practical effect — that waiving those rights may limit your ability to bring future claims or to challenge a settlement. This is a citation of external statutory text quoted in the agreement; the statute itself is not supplied by this source.

Supporting quotations

If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542

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

your ability to bring future claims or challenge a settlement may be limited

Qualifications & exceptions

• Applies only if you are a consumer who resides in California
• The quoted statutory text is reproduced verbatim in the agreement
• Stated effect: your ability to bring future claims or challenge a settlement may be limited

Not stated here

• This analysis classifies the citation as written and does not resolve the statute's legal effect, which depends on California law not supplied here

Legal Rights & Agreement Rules · Restriction or exception

Some jurisdictions do not allow these exclusions, so they may not apply

The Exclusions heading is followed by a single sentence: because some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, the disclaimers and limitations above may not apply to you.

Supporting quotations

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.

Qualifications & exceptions

• Applies to consumers whose jurisdiction does not allow the relevant exclusions
• Effect stated as possibility: the disclaimers and limitations “may not apply to you”
• Covers both warranty exclusions and limits on consequential or incidental damages

Not stated here

• No jurisdiction is named and no alternative term is provided, so which parts survive depends on the user's local law

Cross-references

• exception to (model-proposed): Roku's total liability is capped at what you paid for the product — b72 states the disclaimers and limitations above may not apply where a jurisdiction forbids such exclusions, which limits the reach of the purchase-price cap and the excluded damages.

Legal Rights & Agreement Rules · Restriction or exception

Claims go to individual arbitration under separate dispute terms

All claims arising out of or relating to your Roku account or any Roku product or service are to be resolved exclusively through arbitration, under the separate Dispute Resolution Terms that are linked rather than reproduced here. Two exceptions are flagged in this document: a claim stays out of arbitration if you opted out, or if another exception applies. Both sides also agree that claims may only be brought on an individual basis, so no claim may proceed as a class, consolidated or representative action. The same arbitration undertaking is flagged in the opening paragraphs as part of accepting these terms.

Supporting quotations

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

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).

Qualifications & exceptions

• Scope is “All claims arising out of or relating to your Roku account or any Roku product or service”
• Resolved “exclusively through arbitration” under separate Dispute Resolution Terms
• Exceptions noted here: “unless you opted out or another exception applies”
• Claims may only be individual, not class, consolidated or representative

Not stated here

• The Dispute Resolution Terms are linked but not supplied with this document, so the opt-out mechanism, deadlines, forum rules and any other exceptions are unknown here

Legal Rights & Agreement Rules · Restriction or exception

Delaware law governs; court claims go to California courts

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

Supporting quotations

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.

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.

Qualifications & exceptions

• Governing law is Delaware law, expressly excluding conflict-of-laws principles
• The venue agreement only bites where a claim “proceeds in court rather than in arbitration”
• Exclusive venue is federal court in the Northern District of California or state court in Santa Clara County, California

Legal Rights & Agreement Rules · Restriction or exception

Only you and Roku can enforce these terms and terms are severable

The General section sets out four points. The terms are between you and Roku only, and no other person has any right to enforce them on your behalf. Your rights are not transferable. Each paragraph is intended to operate separately, so if a court or relevant authority finds a term invalid or unenforceable, that term is enforced to the maximum extent permissible and the rest stay in full force and effect. Finally, if Roku delays or chooses not to enforce these terms, that is not a waiver of its rights and does not release you from complying.

Supporting quotations

General

These terms are between you and Roku and no other person has any right to enforce these terms on your behalf.

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.

Qualifications & exceptions

• No third-party enforcement on your behalf; your rights are not transferable
• Severability: an invalid term is narrowed and “enforced to the maximum extent permissible”, with the remainder unaffected
• Non-enforcement is not waiver: “that will not mean that we have waived our rights”
• Each paragraph is intended to operate separately

Legal Rights & Agreement Rules · Company practice

Continued use after a material change accepts the new terms

Roku may amend these terms from time to time. For material changes it commits to posting the revised terms on its website, and it may also notify you through your Roku Product, the Smart Home App, when you log into your Roku Account, or by email. Using the Products and Services after the changes take effect counts as accepting them; the stated remedy if you disagree is to stop using them.

Supporting quotations

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.

Qualifications & exceptions

• Posting on the website is committed for material changes; notice by product, app, account login or email is optional (“may also notify you”)
• Acceptance is by conduct: continued use “after the changes go into effect”
• No separate consent step or opt-out is offered — disagreement means not continuing to use the Products and Services

Not stated here

• No advance notice period, effective-date rule or definition of “material changes” is given in this document

Legal Rights & Agreement Rules · Restriction or exception

Support is limited in hours and Roku promises no response times

Roku states that availability of customer support agents for the Smart Home Products and Services may be limited outside standard operating hours, and that agents can only respond to requests or inquiries submitted directly to the support team by phone or through the chat function on its website. Roku also says it makes no commitments or guarantees about response times, or about whether problems or concerns with the Products and Services can be resolved or addressed.

Supporting quotations

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

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.

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.

Qualifications & exceptions

• Agent availability may be limited outside standard operating hours
• Only requests submitted directly to the support team by phone or website chat are handled
• No commitment or guarantee as to response times, or that a problem will be resolved or addressed

Not stated here

• No hours, response targets or escalation route are stated here

Legal Rights & Agreement Rules · Context

The agreement states Last Updated: January 2, 2024

The final block carries the stated version date of this document: Last Updated: January 2, 2024. No separate effective date, version number or change history appears in the text.

Supporting quotations

Last Updated: January 2, 2024

Qualifications & exceptions

• This is the date the publisher states on the document, not a verified capture date

Not stated here

• The document does not say when this version took effect or what changed from any earlier version