Terms of Use

RTiQ TERMS OF SERVICE

Remote Technologies Inc. ("we," "us," "our," or "RTI") owns and licenses the RTIQ remote monitoring software that RTI product dealers install in their customers’ homes to manage and monitor residential technical equipment (together with all documentation and updates, the "Service"). RTI provides the Service directly to product dealers ("Dealers"), who offer installation, integration, and monitoring services to individuals and companies ("Dealers’ Customers"). The Service is governed by these Terms of Service ("Terms"). Dealers’ and Dealers’ Customers’ use of the Service means that Dealers and Dealers’ Customers accept and agree to these Terms. If Dealers or Dealers’ Customers do not agree to these Terms or our Privacy Policy, they may not use or access the Service.

1. Use of the Service. Dealers may register an account with RTI and access their account through RTI’s web service portal. Through use of the Service, Dealers and Dealers’ Customers consent to automatic software updates of the Service and of those products connected to the Service.
2. Proprietary Rights. RTI owns all right, title and interest in the Service, including all copyrights, trademarks, patents and trade secrets. RTI has the sole right and option to register its patents, copyrights and trademarks in such jurisdictions in which it determines in its sole discretion that registration is necessary or useful, and to determine whether or not to enforce or defend its rights with respect to any such intellectual property in any jurisdiction. Neither Dealers nor Dealers’ Customers may: (a) reproduce, display, download, modify, create derivative works of or distribute the Service, (b) attempt to reverse engineer, decompile, disassemble or access the source code for the Service or any component thereof; (c) use the Service, or any component thereof, in the operation of a service bureau other than as provided in the Dealer Agreement; or (d) access the Service via any means other than through a registered account on the web portal.
3. Data Privacy. All information collected by the Service is governed by RTI’s Privacy Notice.
4. Integration Partners and Third-Party Products and Services.Dealers and Dealers’ Customers may collaborate with several integration partners approved by RTI and may provide the opportunity to interface the Service with third-party products and services approved by RTI. Any information shared with third-party product or service providers is governed by the third-party’s privacy policy, and RTI is not responsible for their content, practices, and makes no representation or warranty about their products and services. RTI is not liable for any breach of contract or intentional or negligent action on their part which results in any loss, damage, delay, or injury to Dealers or Dealers’ Customers relating to their use of third-party products and services.
5. Dealer’s Obligations. Dealers’ installation, integration, and monitoring practices with Dealers’ Customers are governed by a separate agreement between the Dealer and Dealers’ Customers, and Dealers must inform Dealers’ Customers in writing of Dealers’ monitoring practices through the Service. These Terms must be incorporated by reference in Dealers contracts with Dealers’ Customers. prior to the installation of the Service. Dealers must provide a copy of these Terms to Dealers’ Customers. Dealers are required to use the Service responsibly and may not use or access the Service for any reasons not permitted by a Dealer’s agreement with a Dealer’s Customer, RTI’s Dealer Agreement, and with these Terms and RTI’s Privacy Policy.
6. Term and Termination. These Terms remain in force so long as Dealers or Dealers’ Customers continue to access or use the Service or until terminated by any party at any time. RTI reserves the right, in its sole discretion, to suspend or terminate Dealers’ and Dealers’ Customers’ accounts and access to or use of the Service at any time if RTI believes Dealers or Dealers’ Customers have acted in violation of these Terms, RTI’s Privacy Policy, or applicable law, or have attempted to interfere with the Service, or have acted with intent to annoy, abuse, threaten, or harass any other person. Upon termination, Dealers’ and Dealers’ Customers’ access to their accounts and the Service will cease.
7. Warranty and Warranty Disclaimer. RTI provides the Service on an “AS IS” basis. Dealers and Dealers’ Customers will access the Service over the Internet; RTI is not responsible for any interruption in services or unavailability of the Service resulting from internet failures or Dealers’ or Dealers’ Customers’ inability to access the Internet. ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, ARE EXPRESSLY DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RTI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
8. Limitation of Liability. IN NO EVENT IS RTI LIABLE TO DEALER, DEALERS’ CUSTOMERS OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR CONTINGENT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RTI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF DEALERS OR DEALERS’ CUSTOMERS ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, DEALERS’ AND DEALERS’ CUSTOMERS’ SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. FURTHER, RTI IS NOT LIABLE TO DEALERS’ CUSTOMERS OR ANY THIRD-PARTY FOR DAMAGES ARISING OUT OT DEALERS’ ACTIONS OR BREACHES OF DEALERS’ CONTRACTS WITH DEALERS’ CUSTOMERS. IN NO EVENT WILL RTI’S TOTAL LIABILITY EXCEED THE PORTION OF FEES PAID BY DEALERS OR DEALERS’ CUSTOMERS TO RTIQ IN THE PRIOR 12 MONTH PERIOD.
9. Indemnification. Dealers and Dealers’ Customers agree to indemnify, defend, and hold harmless RTI, its officers, directors, employees, agents, and third-parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Dealers’ or Dealers’ Customers’ use of or inability to use the Service, any claim, Dealers’ or Dealers’ Customers’ violation of these Terms, Dealers’ violation of an agreement with Dealers’ Customers, Dealers’ or Dealers’ Customers’ violation of any rights of a third-party or Dealers’ or Dealers’ Customers’ violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification.
10. General. The waiver of any breach or default does not constitute the waiver of any subsequent breach or default. If any provision of this Agreement is held to be illegal or unenforceable, it shall be deemed amended to conform to applicable laws or regulations, or, if it cannot be so amended without materially altering the intention of the parties, it shall be stricken and the remainder of this Agreement shall continue in full force and effect. Dealers and Dealers’ Customers may not assign their rights nor delegate their obligations under this Agreement without RTI’s prior written consent. The parties agree that any legal action arising under or relating to this Agreement must be maintained in the state and federal courts located in Minneapolis, Minnesota. The laws of the State of Minnesota govern this Agreement, excluding the body of laws concerning conflict of laws. This Agreement, together with our Privacy Policy, constitute the complete and exclusive statement of the agreement between the parties, and supersedes all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this Agreement.