User Agreement

PHD IoT Device User Agreement

This User Agreement ("Agreement") is a legal agreement between you ("User" or "you") and Blue Sky Fusion, Inc. ("Company", "we", "us", or "our") regarding your use of the PHD IoT Device ("Device"). By using the Device, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not use the Device.

  1. License Grant: The Company grants you a limited, non-exclusive, non-transferable, revocable license to use the Device and associated software ("Software") solely for personal, non-commercial purposes, subject to the terms of this Agreement.
  2. Restrictions: You shall not (a) reproduce, distribute, publicly display, or publicly perform the Device or Software; (b) make modifications to the Device or Software; or (c) interfere with or circumvent any feature of the Device or Software, including any security or access control mechanism.
  3. Ownership: The Device, Software, and all intellectual property rights therein are and shall remain the property of the Company or its licensors. This Agreement does not transfer any ownership rights to you.
  4. Privacy Policy: Your use of the Device is also subject to the Company's Privacy Policy, which is incorporated herein by reference. The Privacy Policy describes our practices regarding the collection and use of your information.
  5. Updates: The Company may from time to time develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Device and/or Software ("Updates"). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to stop using the Device.
  6. Warranty Disclaimer: The Device and Software are provided "AS IS" and "AS AVAILABLE" without warranties of any kind. The Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  7. Limitation of Liability: In no event will the Company be liable for any indirect, incidental, special, exemplary, or consequential damages, however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the Device, even if advised of the possibility of such damage.
  8. Indemnification: You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Device, including, but not limited to, any use of the Device's content, services, and products other than as expressly authorized in this Agreement or your use of any information obtained from the Device.
  9. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule.
  10. Dispute Resolution: Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Device shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City of Austin and County of Travis. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  11. Amendment: The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
  12. Termination: The Company may terminate this Agreement at any time without notice if you breach any of the terms and conditions herein. Upon termination, you must cease all use of the Device and destroy all copies of the Software.

By using the Device, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.