Roku Smart Home Devices End User Agreement

Security & Safeguards · Restriction or exception

Home monitoring and control features are informational only

Features that can monitor and control settings in and around your home are stated to be for informational purposes only, except where the document expressly notes otherwise. Choosing how to respond to anything those features report is your own responsibility rather than Roku's.

Supporting quotations

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.

Qualifications & exceptions

• “for informational purposes only except as expressly noted below” — later sections qualify this (notably the home monitoring and Emergency Response Button sections)
• Determining the appropriate response to received information is your responsibility

Not stated here

• This document does not specify what response, if any, Roku considers appropriate

Security & Safeguards · Restriction or exception

Reverse engineering and bypassing access limits are prohibited

The Acceptable Use list bars reverse engineering any aspect of the Products or Services or doing anything that might discover source code, or that bypasses or circumvents measures used to prevent or limit access to any part of them. This sits alongside the separate prohibition on removing proprietary notices.

Supporting quotations

reverse engineer any aspect of our Products or Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Products or Services

Qualifications & exceptions

• Extends to anything that might discover source code
• Extends to bypassing or circumventing access-limiting measures on any part of the Products or Services

Security & Safeguards · Company practice

Updates may add, change or remove features and functions

Roku states that from time to time the software, Services or applications used by a Product may require an update, and describes what updates contain: bug fixes, improvements to the user interface or to how you access content, changes made for security purposes, and other changes that may add, change or remove certain features and functionality. The installation obligations and automatic-update consent appear in the following section of the document.

Supporting quotations

Software Updates

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.

Qualifications & exceptions

• Triggered “from time to time” when Product software, Services or applications require an update
• Examples listed are bug fixes, interface or content-access improvements, security changes and other feature changes
• An update “may add, change, or remove certain features and functionality”

Not stated here

• No update frequency, notice period or version detail is given here

Cross-references

• qualified by (model-proposed): You consent to automatic updates and must install critical ones — The installation duty and automatic-update consent in b37 attach to the same updates described in b36, and show that an update which adds, changes or removes features can arrive without further notice.

Security & Safeguards · Restriction or exception

You consent to automatic updates and must install critical ones

Updates are described as necessary to keep the Products and Services working, and two obligations follow. First, you agree to promptly install any update Roku marks as required or critical. Second, updates may be installed automatically without any additional notice or further consent from you, and you consent to that in advance. Updates arrive over the internet, data charges may apply, and they usually run in the background; some may require restarting the Product or another connected device, although installation is not expected to interfere with use. Roku states it will not be liable for any modification, suspension or discontinuation of the Products and Services or any part of them.

Supporting quotations

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.

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.

Qualifications & exceptions

• Prompt installation is required for updates Roku marks required or critical
• Automatic installation may occur “without providing any additional notice or obtaining any additional consent from you”
• Delivery is over the internet and “data charges may apply”
• Installation “should not interfere with your use”, but some updates may require restarting a Product or another connected device
• No liability for modification, suspension or discontinuance of any part of the Products and Services

Not stated here

• No notice period, opt-out or ability to defer an automatic update is described

Cross-references

• qualifies (model-proposed): Updates may add, change or remove features and functions — The installation duty and automatic-update consent in b37 attach to the same updates described in b36, and show that an update which adds, changes or removes features can arrive without further notice.

Security & Safeguards · Company practice

Home monitoring and the Emergency Response Button come from third parties

Roku describes two optional premium features: Roku Smart Home Monitoring Services, and services giving access to emergency assistance at the push of a button in-app, online or on a device (the Emergency Response Button). They are provided in whole or in part by third parties and include monitoring, communications, signal transmissions or other services. On a trigger event — sensors detecting suspicious activity or a call for emergency services through the Emergency Response Button — call centre staff try to contact you and/or your designated emergency contacts before emergency services are dispatched, to verify help is needed and gather details for responders. If neither you nor your contacts can be reached, or responders judge the call a false alarm or a misuse of emergency services, you are responsible for any resulting fines, fees, costs, expenses or penalties.

Supporting quotations

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

These premium features are provided, in whole or in part, by third parties.

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.

Qualifications & exceptions

• These are optional, purchasable premium features, described in later sections as also governed by a separate agreement with the provider
• Provided “in whole or in part, by third parties”
• Call centre personnel attempt to reach you or your designated emergency contacts before dispatch
• You bear fines, fees, costs, expenses or penalties where you or your contacts are unreachable, or the call is a false alarm or misuse

Not stated here

• No prices, provider names or subscription terms are given here, and the separate provider agreement referenced later is not supplied

Cross-references

• contrast (model-proposed): Products are not certified for safety, security or emergency use — One provision says the Products and Services are not to be relied on for safety or emergency assistance, while another offers optional monitoring and an Emergency Response Button; the document reconciles them by limiting the emergency role to those premium features and pointing to the third-party provider's terms.

Security & Safeguards · Restriction or exception

You release Roku over forced entry and delayed emergency response

Roku states it has no control over how quickly emergency responders arrive, and asks you to acknowledge that you may reach emergency services faster by telephone, including dialling 911. It disclaims responsibility for damages caused by failure or delay of the Services or Products, and tells you to contact responders or other authorities directly if you believe someone's health or safety is at risk. You then release Roku and its service providers and partners from all claims, losses and damages arising from any forced entry or delayed response.

Supporting quotations

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.

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.

Qualifications & exceptions

• Roku has no control over responder response times
• You acknowledge telephone or 911 contact may be faster
• No responsibility for damages incurred by failure or delay of the Services or Products
• The release covers Roku, its service providers and partners, and reaches forced entry as well as delayed response

Not stated here

• No minimum response commitment is stated, and none is quantified here

Security & Safeguards · Restriction or exception

Products are not certified for safety, security or emergency use

The Intended Use section states that Roku makes no warranty or representation that using any Product or Service will affect or increase your level of safety, and that the Products and Services — including integrations with other reporting or monitoring services — are not intended to be relied upon for safety, security, threat detection or reporting, or other urgent assistance, and are not certified for use in an emergency. This is a statement about intended reliance, and it is qualified later in the document for subscribers to the home monitoring and Emergency Response Button features.

Supporting quotations

Intended Use

We make no warranty or representation that use of any Products or Services will affect or increase your level of safety.

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.

Qualifications & exceptions

• Applies also to integrations with third-party reporting or monitoring services
• Four named reliance purposes are excluded: safety, security, threat detection/reporting, and other urgent assistance
• “not certified for use in an emergency”
• Later provisions carve in home monitoring services and Emergency Response Button subscribers

Not stated here

• No certification standard or test is named here

Cross-references

• contrast (model-proposed): Home monitoring and the Emergency Response Button come from third parties — One provision says the Products and Services are not to be relied on for safety or emergency assistance, while another offers optional monitoring and an Emergency Response Button; the document reconciles them by limiting the emergency role to those premium features and pointing to the third-party provider's terms.
• has exception (model-proposed): Monitoring subscribers are the exception to the emergency exclusion — The capitalised exclusion in b57 is itself qualified for Home Monitoring Services and Emergency Response Button subscribers, so it carves an exception into the general statement that the Products and Services are not for safety or emergency use.

Security & Safeguards · Restriction or exception

Monitoring subscribers are the exception to the emergency exclusion

The capitalised exclusion says that 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 using those services and features — the Roku Products and Services are not a monitored emergency notification system, a 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 or other premium emergency response services, the document directs you to the terms between you and the third-party provider for the capabilities and limitations of what they provide. Roku states it is not responsible for those providers' acts or omissions and facilitates access to their services, which are compatible with Smart Home Products, exclusively as a convenience.

Supporting quotations

EXCEPT AS SPECIFIED IN CONNECTION WITH HOME MONITORING SERVICES AND SERVICES PROVIDED TO SUBSCRIBERS OF ROKU’S EMERGENCY RESPONSE BUTTON FEATURE

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.

Qualifications & exceptions

• The exclusion itself is qualified: “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)”
• Excluded descriptions: monitored emergency notification system, 911 service, lifesaving solution for people at risk at home or otherwise
• Capabilities and limitations of premium services are found in the terms with the third-party provider
• Access to third-party emergency services is facilitated “exclusively as a convenience to you”

Not stated here

• The third-party provider terms that carry the capabilities and limitations are referenced but not supplied here

Cross-references

• exception to (model-proposed): Products are not certified for safety, security or emergency use — The capitalised exclusion in b57 is itself qualified for Home Monitoring Services and Emergency Response Button subscribers, so it carves an exception into the general statement that the Products and Services are not for safety or emergency use.