Terms of Service
Thank you for choosing Cozyla products!
Cozyla US Corp., ("Cozyla", "We", "Us". or "Our") provide device software and phone applications ("Software") for the setup, control, and operation of the device as well as the provision of content and other types of services (the "Services").
We provide the device software preloaded on the Cozyla products while the user ("You") will need to download the related phone application from an application store such as the Apple Store for iOS users or the Google Play store for Android users.
The Services are provided under the following terms ("Terms"). You accept these Terms by clicking on the "Agree" button during Software setup and/or using the Services. If You do not accept these Terms, You must return the Smart Frame to the retailer where You purchased it and refrain from using the Services. These Terms may be updated from time to time. You agree to be bound by the updated Terms by continuing to use the Services after being notified of the update.
1. Using the Services
a. Internet connection & transmission
You will need an Internet connection to use the Services. You are responsible for providing the Internet connection and paying any related costs.
You consent to transmission to Us through the Internet of standard device information (including but not limited to technical information about your device, system, application software, and peripherals).
The quality and responsiveness of the Services may be affected negatively if Your Internet connection is of low quality.
b. Cozyla or Third-Party Account
You will need an account ("Account") with Cozyla or a third party approved by Cozyla (such as a Google or Facebook account) to access the Services. Please follow the instructions given in Our phone application for signing up with an Account.
If You choose to create an Account with Us, You represent and warrant to Us that all information You provide to Us is true, accurate, current and complete, and You agree to maintain and promptly update such information to keep it true, accurate,
current and complete. If We believe or suspect that such information is untrue, inaccurate, not current, or incomplete, We may deny or terminate your access to the Services (or any portion thereof). When You set up an Account, You are required to select a Cozyla ID (which may be an email address) and a password. You may not transfer or share your user name and password with any third parties. You are solely responsible for maintaining the confidentiality of your Account log-in information, including but not limited to taking steps to prevent unauthorized access by safeguarding your log-in information. You are solely responsible for any and all use of your Account and all activities that occur through your Account.
c. Google PhotosTM and other Third-Party Services
With Cozyla products, You can display selected albums from Google PhotosTM by signing in with your Google Account. The Services may also allow You to access or acquire products or services from other third parties. Google Photos and such other services are referred to collectively as "Third-Party Services".
Third-Party Services are subject to terms and conditions as may be separately agreed between You and the third parties. Third-Party Services are beyond Cozyla's control and do not necessarily reflect the view of Cozyla. Cozyla does not endorse or approve and makes no warranty, representation or undertaking relating to any Third-Party Service. Cozyla is not liable for any claim and/or damages You may be entitled to in relation to any Third-Party Service.
d. Payment
Some of the Services are free. For Services with an associated charge, You agree to pay that charge in accordance with the applicable terms of payment as presented to You by Cozyla or by a third-party in relation to Third-Party Services.
e. Availability
We strive to keep the Services up and running, but like all online services, Our Services may suffer occasional disruptions and outages and their availability and performance may vary depending on your region and other factors.
At any time, We may remove or change features of a Service or stop a Service (including access to a Third-Party Service).
We make no representation or warranty regarding availability or continuation of any Service or its feature. You agree that We may change, improve, suspend or discontinue any specification, function or feature of the Services from time to time without providing You a prior notification. To the extent permitted by law, We are not liable for any disruption or loss You may suffer as a result of such disruptions, outages or variations, changes or stop of any Service or its feature.
Upon cancellation/stop of any Service by You or Us, You will not be able to access that Service and the related data You provided to Us, if any. You should have a regular backup plan for such data.
f. Notifications
We may send You notifications about the Services using the contact information You provided to Us and/or through the device software or phone applications. Such notifications may include, but are not limited to, Our offerings of new products, services, or features, or any change or cancellation of a Service or any of its features. Your agreement to use the Services acts as consent to receive such notifications.
2. Content and Intellectual Property Rights
We may provide content and related Services to You through Cozyla products. You may only use the content as permitted under specific terms, if any, and applicable intellectual property laws.
Content from third parties may be made available to You through the Software or Services ("Third-Party Content"). Because We do not control Third-Party Content, You agree that We are not responsible for any such content. We make no guarantees about the accuracy, currency, suitability or quality of the information in such Third-Party Content, and We assume no responsibility for unintended, objectionable, inaccurate, misleading or unlawful Third-Party Content made available by third-parties, or for any violation of any third-party rights related to such content. Your rights to use such Third-Party Content will be subject to the terms agreed upon between You and the third-party.
3. Privacy
At all times Your information provided to Cozyla will be treated in accordance with Cozyla's Privacy Policy, which can be viewed at: https://www.cozyla.com/pages/privacy-policy
Any information You provide to a Third-Party Service provider will be governed under such third-party privacy policies, if any. You understand and agree that Cozyla has no liability or responsibility for any data or data loss resulting from You providing data to a Third-Party Service provider.
4. Software
The Software provided by Us to You as part of the Services is subject to the following terms:
a. The Software and all intellectual property rights (including copyright) in the Software are owned by Cozyla or a Cozyla supplier or licensor, and is licensed, not sold or assigned. Cozyla grants You a nonexclusive license to use the Software when You lawfully acquire it. You may install and use a single copy of the Software on a single device.
b. You may not (1) use, copy, modify, or distribute the Software except as provided in this Agreement or in any way that violates any applicable laws including but not limited to copyright laws; (2) reverse assemble, reverse compile, or otherwise translate the Software except as specifically permitted by law without the possibility of contractual waiver; or (3) transfer, sublicense, rent, or lease the Software.
c. Cozyla uses software program to update the Software. By default, critical updates are downloaded and installed automatically. We recommend that You keep the default settings, but you can disable the automatic feature by changing the settings at any time. Updates are classified as critical when they are needed for the device to function or Services to be provided properly. Failure to install critical updates could result in hardware failure, Services disruption, data loss or other serious issues.
d. Portion(s) of the Software, updates or patches may include open source software licensed under a particular open source license. To the extent that these terms conflict with the terms of such open source license, the terms of such open source license shall control for such applicable open source software.
e. Some Software, updates or patches may contain third party components. These third party components are provided to You under separate terms and conditions different from these terms. The third party's license terms and use restrictions will solely govern the use of such components.
f. Considering the difference of content format, the software cannot support all file formats. Some files might not be able to play on our devices.
5. No Warranty
The Services and Software are provided to You "AS IS".
SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, COZYLA MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, CONDITIONS OR WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, REGARDING THE SERVICES, IF ANY.
6. Limitation of Liability
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, DIRECT, INDIRECT, OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COZYLA BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE OR DATA. If circumstances arise where, because of a default on Our part or other liability, You become entitled to recover damages from Us, Our total liability can be no more than the greater of the amount You paid for the Services or US$250. This limit does not apply to damages for bodily injury (including death) and/or to damage to real property, tangible personal property or other damages for which We are required by law to be liable.
This limit also applies collectively to Our suppliers and resellers. It is the maximum for which We, Our suppliers, and resellers are collectively responsible.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOLLOWING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES ARE WE, OUR SUPPLIERS OR RESELLERS LIABLE FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY: 1) THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES; 2) LOSS OF, OR DAMAGE TO, YOUR DATA; OR 3) SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
7. General
a. In the event that any of these Terms is held to be invalid or unenforceable, the remaining Terms shall remain in full force and effect.
b. You agree to comply with all applicable export and import laws and regulations.
c. To the extent permitted by applicable law, these Terms shall be governed by the laws of the State of New York, without regard to its conflict of law principles. To the extent permitted by applicable law, neither You nor We may bring a legal action under these Terms more than two (2) years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation. To the extent permitted by applicable law, the parties expressly waive any right to a jury trial regarding disputes related to this Agreement.
d. To the extent permitted by applicable law, You agree that We may modify any of these Terms at any time without incurring any liability to You. Such modifications may be needed, for example, to provide additional functions or services or due
to legal requirements. These Terms, as amended, will become effective immediately upon acceptance by You or, short of your acceptance, will become effective fifteen (15) days after a notice is sent to You. However, modifications required by laws and regulations will become effective immediately upon release by Us. If You do not agree to the modified Terms, You should discontinue Your use of the Services.
e. These Terms may also be available in other languages. To the extent permitted by applicable law, in case of any inconsistency between the English version and a version in another language, the English version prevails.
f. This section and sections 3, 5, 6 will survive any termination or cancellation of these Terms.