User Agreement

You control who sees your cameras and content.

Coolfly is designed to provide a way for you to view the content captured with your Coolfly cameras, including your videos and photos taken with your Coolfly cameras. You control access to your cameras and stored content. The Coolfly video monitoring systems come with various service plans, which may offer: remote viewing of your Coolfly cameras' content; automatic recording when motion is detected; motion alerts (with links to the associated videos); video clips that are sent to your iPhone, Android phone; digital pan and zoom; video storage; and the ability to support multiple cameras. Through settings in your Coolfly account, you can choose to keep your cameras, photos, and videos private or allow broader access to them. Premium service plans may be offered that upgrade the aforementioned features or add additional features to your Coolfly system.

1. Age

You must be at least 18 years of age to sign up for Coolfly, and by signing up for Coolfly you confirm that you are at least 18 years old. The Coolfly System does not knowingly collect or solicit personal information from anyone under the age of 18, and Coolfly does not knowingly allow such persons to register for Coolfly. If you are under 18, do not attempt to register for the Coolfly or send any information about yourself to us without parental consent. No one under age 18 may provide any personal information to Coolfly without parental consent. If we learn that we have collected personal information from somebody under age 18 without verification of parental consent, we will delete such information.

2. Introduction

Welcome to Coolfly. Coolfly is operated by using:

  • 2.1 the Coolfly cameras and the personal video network (referred to herein as the "Coolfly System");
  • 2.2 the Coolfly websites and any associated subscriptions, content services, accounts, streaming video sites, and all other web services associated with the Coolfly product.

(2.1 and 2.2 above being collectively referred to herein as the "Coolfly Services")

3. Terms of Service

Your registration of the Coolfly System through the Coolfly Websites, as well as use of the Coolfly Services, is subject to the provisions of these Terms. Any software component embodied in the Coolfly System is licensed to you, and not sold.

COOLFLY MAY AT ITS DISCRETION CHANGE THESE TERMS. ANY CHANGES MADE TO PROVISIONS OF THESE TERMS WILL BE UPDATED ON THE COOLFLY WEBSITE. WE ENCOURAGE YOU TO PERIODICALLY CHECK THE COOLFLY WEBSITES FOR THE CURRENT VERSION OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY CHANGES TO THESE TERMS, YOU MAY CANCEL YOUR USE OF THE COOLFLY SERVICES IN ACCORDANCE WITH SELECT 13 OF THESE TERMS. YOUR USE OF COOLFLY SERVICES FOLLOWING NOTIFICATION OF THE CHANGE TO THE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE TERMS, AS MODIFIED.

4. Registration Information

Registration of your Coolfly System is required. To register, you must provide the following "User Information":

  • An e-mail address.

You agree that you are 18 years old or older and agree to provide and maintain accurate and complete User Information. Coolfly may terminate your account if you provide Coolfly with inaccurate or incomplete information. You also certify that you are legally permitted to use and access the Coolfly Services. These Terms are void where prohibited by law, and the right to access the Coolfly Services is revoked in such jurisdictions.

Coolfly respects the privacy of your User Information and will safeguard the User Information in accordance with the Coolfly Privacy Policy. We encourage you to review the Privacy Policy frequently. Coolfly will monitor usage data, such as log entries, diagnostics, bandwidth usage, and various other analytics coming from devices tied to the user.

By completing the registration process, you agree to the Privacy Policy and affirm that you understand and consent to Coolfly's collection, storage, and use of your User Information. You have the right to update your User Information or change your consent to the collection, storage, and use of your User Information at any time. Such changes can be made by logging into your Coolfly account. Certain features of the Coolfly Services may not be available if you restrict the collection, storage, or use of your User information.

5. Member account, password and security

You will create a password and account designation during the Coolfly Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to:

  1. Immediately notify Coolfly of any unauthorized use of your password or account or any other breach of security, and
  2. Ensure that you exit your account at the end of each session.

Coolfly will not be liable for any loss or damage arising from your failure to comply with this section. Coolfly may refuse registration of or cancel Coolfly account designation in its discretion.

6. Third-Party content

Coolfly takes the ownership of all functions related to our smart cameras, but in order to provide better services to users, we also rely on or inter-operate with third-party content. We provide third-party content as a service, but Coolfly does not control or participate in editing any third-party content, so it makes no representation or warranty about any third-party content, and your use of such third-party content is at your own risk.

You agree that Coolfly will have no liability to you or anyone else who uses your Coolfly System with regard to any Third Party Content. You also agree and declare that the Coolfly Services will not be used to illegally copy, illegally display or otherwise make illegal use of Third Party Content. Generally, authorization from the appropriate rights holder is needed prior to displaying, using, or copying Third Party Content. Unauthorized copying or distribution of copyrighted works may constitute an infringement of the copyright holders' rights. Coolfly may terminate the accounts of users of any Coolfly service or software who infringe the copyrights, trademarks, or intellectual property rights of others. In addition, steps intended to defeat or bypass security measures designed to prevent intellectual property infringement may be illegal under comparable foreign laws. Coolfly may terminate the Coolfly accounts of users who develop or use methods to defeat or bypass such security measures and may take any other necessary or appropriate action to prevent infringement of intellectual property holders' rights.

7. Changes to your Coolfly Service

To the extent possible under the governing law, Coolfly may, at its discretion and without notice or user permission, change, add, or remove features and functionality of the Coolfly Services. If you are dissatisfied with any material changes to the Coolfly Services during a subscription, you may immediately terminate your use of the Coolfly Services and be entitled to a pro-rated refund of any of your paid for, but unused, subscription. Coolfly is under no obligation to provide any or all features and functionality to your Coolfly System and may, at its discretion, discontinue the provision of software updates to certain Coolfly Systems. Because different Coolfly Systems may support different features and functionality, the level of service Coolfly provides may not be the same for each Coolfly System.

8. Service Eligibility/Parental Advisory

Use of the Coolfly Services requires that your Coolfly System has access to an always-on, broadband internet connection. To enable the Coolfly Services all Coolfly Systems must be registered at Coolfly apps, such as the official Coolfly iOS and Android apps. THE COOLFLY SERVICES ARE INTENDED FOR USERS WHO ARE AT LEAST 18 YEARS OF AGE OR OLDER. BECAUSE THE COOLFLY SERVICES MAY PROVIDE ACCESS TO VIDEO OR IMAGES THAT CONTAIN EXPLICIT CONTENT INCLUDING DEPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE. PARENTAL DISCRETION IS ADVISED FOR ALL USERS UNDER THE AGE OF 18.

9. Member Conduct

You understand that all information, data, text, software, photographs, video, messages, tags, feedback, comments, questions, other information or materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Coolfly, are entirely responsible for all Content that you capture, upload, post, email, transmit or otherwise make available via the Coolfly Services.

9.1 Coolfly does not control the Content

  • 9.1.1 any errors or omissions in any Content
  • 9.1.2 any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Coolfly Services including viewing, copying or redistribution of the Content;
  • 9.1.3 loss or destruction of Content;
  • 9.1.4 failure to comply with any and all applicable federal, state, and local laws with respect to use of the Coolfly Services including but not limited to laws related to closed-circuit television monitoring for any purpose and recording in public areas.

You also understand that Coolfly does not guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we do not guarantee the authenticity of any data that users or merchants may provide about themselves. We do not control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Coolfly Services.

You agree not to use the Coolfly Services to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy; harm minors in any way; impersonate any person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Coolfly Services; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail, "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose; interfere with or disrupt the Coolfly Services or servers or networks connected to the Coolfly Services (including without limitation denial-of-service attacks) or disobey any requirements, procedures, policies or regulations of networks connected to the Coolfly Services; intentionally or unintentionally violate any applicable local, state, national or international law.

Coolfly does not view your private photographs or videos without your permission, but you agree that Coolfly and its designees will have the right (but not the obligation) in their sole discretion to screen and/or remove content that is made, or attempted to be made, publicly available via the Coolfly Services. Coolfly may also refuse or remove Content from the Coolfly Services that may violate the Terms, such as those prohibitions listed in Section 7.

Without limiting the foregoing, Coolfly will have the right at any time to remove any Content that violates these Terms, is illegal, or Coolfly believes may be illegal or inappropriate (including, but not limited to, removal upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.

9.2 Financial Responsibilities

You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services. You acknowledge, consent and agree that Coolfly may access, preserve and disclose your account information and/or Content if required to do so by law or in the belief that such access, preservation or disclosure is reasonably necessary to:

  1. comply with legal process, including without limitation subpoenas and search warrants.
  2. enforce these Terms.
  3. responds to claims that any content violates the rights of third parties.
  4. respond to your requests for customer service.
  5. protect the rights, property or personal safety of Coolfly, its users and the public.

9.2 You understand that the technical processing and transmission of the Coolfly Services, including your Content, may involve.

  1. transmissions over various networks.

  2. changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Coolfly Services and software embodied within the Coolfly Services may include security components that permit digital materials to be protected and that use of these materials is subject to usage rules set by Coolfly and/or content providers who provide content to the Coolfly Services.

    You may not attempt to override or circumvent any of the usage rules embedded into the Coolfly Services. Any unauthorized or illegal reproduction, publication, further distribution or public exhibition of the materials provided on the Coolfly Services, in whole or in part, is prohibited.

10. Content submitted or made available for inclusion on the Coolfly Services

Coolfly does not claim ownership of content you submit or make available for inclusion on the Coolfly Services. Nevertheless, as permitted through the functionality of the Coolfly Services and under these Terms, you grant Coolfly the right to transmit, process, adapt and maintain a copy of the Contents in a security-enhanced and/or encrypted manner, solely in connection with providing you the Coolfly Services, or for archival and legal purposes.

When you use a third-party application, the application may ask for your permission to access your Coolfly content and information in order for the application to work as intended. Your agreement with the provider of that application will control how the application can use, store, and transfer that content and information, so be sure to thoroughly read any such application’s terms of service and only use applications from trusted providers. For clarity, the foregoing license grants to Coolfly do not affect your ownership of or right to grant additional licenses to the material in your Content, unless otherwise agreed in writing.

11. Internet service provider and cell phone charges

The Coolfly Services require the use of a broadband Internet connection. You are responsible for any service charges for your internet connection or data plan incurred as a result of using or accessing the Coolfly Services and acknowledge and agree that you will be solely responsible for all disputes with any internet service or cell phone provider relating to same. In particular, streaming and viewing recorded videos and the use of the apps may incur extra and substantial charges on devices that use a data plan. Coolfly is not responsible for and does not make any assurances about the availability, functionality, or cost of any broadband internet connection or other data plan.

12. Using the Coolfly Services

You may access and use the Coolfly Services only with a Coolfly System that is authorized to communicate with the Coolfly Websites. You agree not to tamper with or otherwise modify your Coolfly System. Except as expressly provided in these Terms, you may not transfer the Coolfly Services or the right to receive them. By using the Coolfly Services you agree to receive all software updates and upgrades that Coolfly sends to your Coolfly System. If you disable the automatic upgrade feature of the Coolfly System then certain functionality of the Coolfly System may be adversely impacted. Even if you disable the automatic upgrade feature of your Coolfly System, Coolfly may still implement critical Coolfly System updates; updates for Coolfly applications running on your iPhone or Android phone; and Coolfly back end service updates. If your Coolfly System accesses the Coolfly Websites (regardless of your payment or subscription status), you acknowledge and agree that you are a user of the Coolfly Services and are bound by the provisions of these Terms.

13. Termination of service

You may request termination of your account and your right to use the Coolfly Services at any time without limitation. The Coolfly Services will be terminated within approximately 5 business days after your request. Any unused Coolfly Services fees (if applicable), including subscription fees, may not be refundable under this method of termination. Upon termination of your account, certain information may not immediately be deleted from Coolfly's or its agents’ systems, including without limitation log entries, diagnostics, analytics coming from devices tied to the user; transaction details of the account; or information subject to search warrant, subpoenas, or other legal processes.

Notwithstanding anything to the contrary in these Terms, Coolfly retains the absolute right to immediately terminate your account if the subscription charges are refused for any reason(if applicable), if you breach any provision of these Terms, if you misuse the Coolfly Services, and/or if you alter your Coolfly System or use the Coolfly Services or software in such a manner as to infringe upon the intellectual property rights of Coolfly and/or its subsidiaries and affiliates or any third party.

In addition, Coolfly may terminate your account and these Terms for any other reason if Coolfly gives you at least 30 days advance notice of such termination. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges(if applicable) relating to your use of the Coolfly Services before termination, and Coolfly will give you a pro-rated refund of any of your paid for, but unused, Coolfly Services fees that will remain unused because of Coolfly's termination under this method of termination. Termination of the Coolfly Services may result in the forfeiture and destruction of all information associated with your membership, including content.

All provisions of these Terms which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

14. Notice

Coolfly may provide you with notices, including those regarding changes to these Terms, by email, regular mail, text message, postings or updates to the Coolfly Websites or other reasonable means now known or hereinafter developed.

15. Title to software and intellectual property

You may need to use certain software programs in your Coolfly System to use or have full access to certain features of the Coolfly Services. You are required to accept and use the software included in your Coolfly System at the time of purchase and other software programs that may be delivered to your Coolfly System by Coolfly from time to time. Coolfly and/or its subsidiaries, affiliates, and licensors retain title to and ownership of all the software for the Coolfly System and certain intellectual property rights in the Coolfly System. Coolfly and/or its affiliates also retain ownership of all Coolfly copyrights, trademarks and other intellectual property. In the case of third party software delivered by Coolfly and/or its subsidiaries and affiliates to the Coolfly System, the applicable third party retains title to and ownership of its software, copyrights, trademarks and other intellectual property.

Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute or use for other purposes the Coolfly System or the software of the Coolfly System is strictly prohibited, unless such prohibition is not allowed under the applicable law. If you install any Coolfly software applications on your home computer ownership and the other terms of such use are governed by the applicable End User License Agreement to which you must agree prior to installation.

16. Notice and procedure for making claims of copyright or intellectual property Infringement

Coolfly respects the intellectual property of others and we require our users to do the same. Coolfly may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeated intellectual property infringers. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated please provide Coolfly with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest a description of the copyrighted work or other intellectual property interest that you claim has been infringed;
  2. a description of where the material that you claim is infringing is located on the site;
  3. your email address;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.

Please mail this information to:support@ourcoolfly.com

17. Links

You may provide a link to your personal Coolfly site. Any link to any Coolfly Service must be to its home or top-level page.

The Coolfly Services may provide, or third parties may provide, links to other worldwide websites or resources. Because Coolfly has no control over such sites and resources, you agree that Coolfly is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further agree that Coolfly will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.

18. Special admonitions for international use

Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable Content.

Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

19. No resale of Coolfly Services

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the Coolfly Services (including your Coolfly ID), use of the Coolfly Services or access to the Coolfly Services.

20. Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOLFLY AND ITS SUBSIDIARIES AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCLUDING BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST Coolfly AND ITS SUBSIDIARIES AND AFFILIATES OR THE Coolfly SERVICES, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY PROVISION OF THESE TERMS, YOUR MISUSE OF THE COOLFLY OR COOLFLY SERVICES, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF COOLFLY PRODUCTS OR SOFTWARE.

21. Warranty and Warrant disclaimer

Coolfly has a limited warranty on the Coolfly cameras whereby Coolfly warrants to and only to you that the Coolfly cameras will be free from defects in materials and workmanship for one (1) year from the date of your purchase of the Coolfly cameras (unless a longer warranty period is required by law).

Batteries and battery replacement is excluded from all Coolfly warranties. It is your sole responsibility to maintain and replace the Coolfly batteries. Coolfly recommends that you carefully read and follow the owner’s manual, instructions and warnings for all Coolfly equipment. Use of only high-quality, non-counterfeit, and non-rechargeable batteries is recommended. The use of rechargeable batteries or inferior-quality batteries that cause damage to your Coolfly camera system will void the warranty. Repair or modification of the product by anyone other than Coolfly or a Coolfly approved agent will void the warranty.

TO THE EXTENT POSSIBLE UNDER GOVERNING LAW, OTHER THAN THE ABOVE PRODUCT WARRANTY FOR THE COOLFLY CAMERAS AND BASE STATION DEVICES, YOU UNDERSTAND AND AGREE THAT THE COOLFLY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COOLFLY MAKES NO WARRANTY THAT THE COOLFLY SERVICES WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE COOLFLY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE NOR DOES COOLFLY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE COOLFLY SERVICES (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE COOLFLY SERVICES WILL BE CORRECTED OR THAT THE COOLFLY PRODUCTS OR COOLFLY SERVICES WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, COOLFLY DOES NOT WARRANT THAT THE COOLFLY SERVICES OR THE COOLFLY SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COOLFLY ALSO ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES THAT MAY INFECT YOUR COOLFLY BASE STATION, COMPUTER SOFTWARE, OR OTHER HARDWARE.

YOU AGREE THAT COOLFLY IS NOT AN INSURER AND THAT COOLFLY IS NOT PROVIDING ME WITH INSURANCE OF ANY TYPE. ANY AMOUNTS THAT YOU PAY COOLFLY FOR THE COOLFLY SERVICE ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF YOUR PROPERTY, ANYONE ELSE’S PROPERTY LOCATED IN YOUR PREMISES, OR ANY RISK OF LOSS AT YOUR PREMISES. IF YOU WANT INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS AT YOUR PREMISES, YOU WILL PURCHASE IT. IN THE EVENT OF ANY LOSS, DAMAGE OR INJURY, YOU WILL NOT LOOK TO COOLFLY TO COMPENSATE YOU OR ANYONE ELSE. YOU RELEASE AND WAIVE FOR YOURSELF AND YOUR INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST COOLFLY ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE OR INJURY.

COOLFLY'S EQUIPMENT AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF CERTAIN EVENTS, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, ROBBERIES AND MEDICAL PROBLEMS. Coolfly MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE COOLFLY EQUIPMENT AND SERVICES PROVIDED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. COOLFLY DOES NOT UNDERTAKE ANY RISK THAT YOU OR YOUR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH YOU, NOT COOLFLY.

OTHER THAN THE ABOVE PRODUCT WARRANTY FOR THE COOLFLY CAMERAS AND BASE STATION DEVICES, COOLFLY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE COOLFLY SERVICES, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, THE LAST SENTENCE OF THIS SECTION MAY NOT APPLY TO YOU. COOLFLY HEREBY FURTHER EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS FOR SERVICE FAILURES THAT ARE DUE TO NORMAL PRODUCT WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION OR YOUR NON-COMPLIANCE WITH ANY AND ALL APPLICABLE FEDERAL, STATE OR LOCAL LAWS. THIS WARRANTY AND WARRANTY DISCLAIMER GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY STATE, PROVINCE, OR COUNTRY. OTHER THAN AS PERMITTED BY LAW, COOLFLY DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS, YOU SHOULD CONSULT THE LAWS OF YOUR STATE, PROVINCE, OR COUNTRY.

22. No third-party beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms.

23. No third-party beneficiaries

Under no circumstances will Coolfly be liable in any way for any Content, including, but not limited to, the loss of Content, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Coolfly Services.

Coolfly's liability for damages, especially for breach of duty or obligation, delay in performance, non-performance, or malperformance shall be precluded, except when these are due to negligent breaches of any significant contractual duty or obligation on the part of Coolfly. Any liability for negligence is limited to direct losses usually and typically foreseeable in such case. Should the claim for damages be based on a wilful or grossly negligent breach of contractual duty or obligation on the part of Coolfly, the preclusion and limitation of liability mentioned in the preceding sentences WIll not apply. The preceding preclusion and limitation of liability WILL also not apply to claims for damages arising out of loss of life, bodily injury or health impacts for which Coolfly may be liable, or for non-contractual liability.

Some states and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Additionally, this provision is not intended to limit Coolfly's liability in the event of Coolfly's willful or intentional misconduct. Moreover, if Coolfly mistakenly or wrongfully overcharges your account, this section does not limit Coolfly's ability to refund such mistakenly or wrongfully overcharged amounts.

24. General Information

Entire Agreement. These Terms constitute the entire agreement between you and Coolfly and govern your use of the Coolfly Services superseding any prior agreements between you and Coolfly with respect to the Coolfly Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Coolfly Services, affiliate services, third-party content or third-party software.

Choice of Law. These Terms shall be governed by, and construed in accordance with, the laws of users' country, without regard to principles of conflicts of law thereunder.

Dispute Resolution.

  1. Any dispute, controversy or, claim or difference of any kind whatsoever arising out of, relating to or in connection with these Terms, including the existence, validity, interpretation, performance, breach or termination thereof, the validity, scope and enforceability of this arbitration provision and any dispute regarding no-contractual obligations arising out of or relating to it (each, a "Dispute") shall be resolved at the first instance through consultation between the parties to such Dispute. Such consultation shall begin immediately after any party has delivered written notice to the other party(ies) to the Dispute requesting such consultation.

  2. Any negotiation without results can be appealed to the law, and the result of the litigation will be the final ruling plan. Waiver and Severability of Terms. The failure of Coolfly to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of these Terms remain in full force and effect.

    No Right of Survivorship and Non-Transferability. You agree that your Coolfly account is nontransferable and any rights to your Coolfly ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

    The section titles in these Terms are for convenience only and have no legal or contractual effect.

25. Contact

The following Coolfly entity is responsible for delivering the Coolfly Services depending on where you are using the Coolfly System Coolfly All Other International Territories (including but not limited to Europe, Middle East, Africa, Asia Pacific, Australia and New Zealand) Thus, if you have any questions, complaints, or claims with respect to the Coolfly Services, you may contact us at: support@ourcoolfly.com

26. Coolfly Terms of Service Addendum

If you are a subscriber to a Coolfly Awareness Service, then the below additional Coolfly Service Terms apply.

PLEASE READ THESE TERMS CAREFULLY AND IN FULL. THEY CONTAIN CERTAIN CONDITIONS AND RESTRICTIONS ON THE AVAILABILITY AND USE OF THE COOLFLY SERVICE YOU ARE ACTIVATING ("Coolfly Service").

These "Coolfly Service Terms" supplement the Coolfly Terms and Conditions ("Coolfly Terms" or "Terms"), which will otherwise apply in full force and effect, subject to any additional terms set forth herein. In the event of any inconsistency between the Coolfly Service Terms and the Coolfly Terms, the terms and provisions of the Coolfly Service Terms will govern and control.

Activation

To activate your Coolfly Service, you must affirmatively take certain steps - this activation will not occur automatically. For new Coolfly users, this will involve creating a Coolfly account as part of the sign up process. Your use of the Coolfly Service will be subject to these Coolfly Service Terms, the Coolfly Terms, and Coolfly's Privacy Policy.

Duration

You may cancel your Coolfly Service or delete your Coolfly account at any time, upon which you will lose access to the Coolfly Service and/or Coolfly account. To take any of these actions, log into your Coolfly account and follow the prompts on the account page.

Privacy

If your Coolfly Service utilizes facial recognition, object recognition, and other artificial intelligence capabilities, it may capture digital images, videos, sounds, and use information provided by your Coolfly system. The Coolfly Service may automatically compare these captured images and sounds to databases of stored records. By using the Coolfly Service, you explicitly agree to the collection and analysis of this data by the Coolfly system. The process is automated and does not involve human intervention. Coolfly takes privacy and security of users very seriously and will never illegally use or view any user information without their authorization.

Payment

Apple Pay or Google Pay is used as the payment method for the Coolfly Awareness Service. When you sign up for the service, your payment information will be securely processed by either Apple Pay or Google Pay, ensuring that your payment security and privacy are well covered. These payment methods are considered to be among the safest available. Your subscription fee will automatically be charged to your chosen payment method for each subscription period until you choose to cancel. If you cancel the service at any time, you will receive a pro-rated refund in accordance with the policies of Apple or Google. In the event that Coolfly changes the monthly or other term subscription fee for the service in the future, we will provide you with advanced notice of the change and the effective date. If you do not cancel, the new price will take effect at the start of the next subscription period following the date of the change. By continuing to use the service after the price change takes effect, you agree to be charged the new amount. Please note that while the subscription fee for the next period may differ after your current subscription period ends, the price will not change during your current subscription period.

Additional Services

Coolfly may also offer additional services (referred to as "Additional Services") to its customers from time to time. To access these services, you may be required to take certain steps, including consenting to additional terms.