Welcome to Arlo. Arlo is operated by Arlo Technologies, Inc. (“we,” “our,” “us,” or “the Company”). We encourage you to read these Arlo Terms of Service (“Arlo Terms” or “Terms”) below. By accessing or using the Arlo Services, you indicate your consent to these Terms. The column on the right provides a short summary of some provisions of these Terms and is not legally binding.

These Terms apply to your use of any of our products or services including:

• (a) the Arlo hardware products, including without limitation, cameras, floodlights, video doorbells, base station devices, security systems, and sensors (referred to herein as the “Arlo System"); and/or
• (b) the Arlo websites and any associated subscriptions, content services, accounts, mobile apps, streaming video sites, technical support and services accessible via Arlo websites, Arlo Total Security financing plans, all other web services, and software associated with the Arlo System (collectively referred to as the “Arlo Websites and Apps”).
• (c) (a) and (b) above being collectively referred to herein as the "Arlo Services."

Please read these Terms as they are a legally binding agreement between you and Arlo. This column provides a short summary of some provisions of these Terms and is not legally binding.

PLEASE NOTE THAT SECTION 6 CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US. EXCEPT AS SPECIFIED IN SECTION 6, THIS PROVISION REQUIRES THAT DISPUTES BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND NOT AS A CLASS ARBITRATION OR CLASS ACTION.

The arbitration provisions in these Terms do NOT apply retroactively or to latent claims that have accrued prior to the introduction of these arbitration provisions (August 26, 2020) but not raised or filed yet.

IF YOU SIGN UP FOR ANY ARLO SUBSCRIPTION SERVICES, YOU FURTHER AGREE, AS DESCRIBED IN SECTION 11, THAT YOUR SUBSCRIPTION MAY AUTOMATICALLY RENEW FOR THE SAME APPLICABLE TERM AND PRICE, UNTIL YOU CANCEL YOUR SUBSCRIPTION, INCLUDING IN ACCORDANCE WITH SECTION 11.2.

Section 6 contains additional information on your legal rights which require mandatory arbitration of disputes. If you sign up for any subscription services, these may automatically renew until you cancel.

Age: You must be at least 13 years of age to use the Arlo Services. If you are at least 13 years old and under the age of 18 (“Minor”) you may use the Arlo Services only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a Minor, you consent to these Terms on their behalf and are fully responsible for their acts in relation to the Arlo Services. If you are under 13, do not attempt to register for the Arlo Services or send any information about yourself to us.

You must be at least 13 years of age to use the Arlo Services. If you are 13 to 17 years of age, you must have consent and supervision from your parent or legal guardian to use the Arlo Services.

1. General

Your registration of the Arlo System through the Arlo Websites and Apps as well as use of the Arlo Services is subject to the provisions of these Terms. Arlo may at its discretion make changes to its website, policies, and terms and conditions, including these Terms. Arlo may provide you with notices regarding the Arlo Services, including changes to these Terms, by email to your email address on file with Arlo, by in-app messaging, by SMS, by regular mail, by postings on our website and/or the Arlo Service, or by other reasonable means now known or hereinafter developed. If you are dissatisfied with any changes to these Terms, you may cancel your Arlo Services in accordance with Section 14 of these Terms. Your use of the Arlo Services on or after the effective date of the change to the Terms constitutes your acceptance of the Terms, as modified. Any software component embodied in the Arlo Services is licensed to you, and not sold. Arlo Services cannot be used in the comprehensively sanctioned countries of Cuba, Iran, North Korea, Sudan, and Syria, and the Arlo System should not be sold in these countries.

You agree that you will only use the Arlo Services for your personal and business purposes, and that you are not immediately reselling the Arlo Services or sub-licensing use of the Arlo Services to others as part of a trade, business, craft, or profession.

Your registration and use of the Arlo Services is subject to the provisions of these Terms. You agree that you will only use the Arlo Services for your personal or business purposes and that you are not reselling or sub-licensing the Arlo Services as part of a trade, business, craft or profession.

2. Registration Information

Registration of your Arlo System is required. To register, you must provide and maintain accurate and complete information, which may include: (i) your name (ii) your system serial number and (iii) an e-mail address. Arlo may terminate your account if you provide Arlo with inaccurate or incomplete user information. You also certify that you are legally permitted to use and access the Arlo Services. These Terms are void where prohibited by law, and the right to access the Arlo Services is revoked where prohibited by law.

Arlo may collect, process, and store your videos and other information. Please review our Privacy Notice for details about how we collect, use, disclose, and retain information about you and your Arlo account. We encourage you to review the Privacy Notice frequently. You have the right to update your user information at any time. You may also be able to manage privacy settings related to collection, storage, and use of your user information and other types of information captured by the Arlo Services. Any such changes can be made by logging into your Arlo account. However, certain features of the Arlo Services may not be available if you restrict the collection, storage, or use of your information.

Registration of your Arlo System is required. To register, you must provide and maintain accurate and complete information, which includes: (i) your name (ii) your system serial number and (iii) an e-mail address. Please review our Privacy Notice for details about how we collect, use, disclose and retain information about you and your Arlo account.

3. Member Account, Password, and Security

You are fully responsible for maintaining the confidentiality of the information required to access or make modifications to your account (e.g. passwords, PINs, verification codes), as well as for all activities that occur under your password or account. You agree to properly protect your account by, for example, exiting from or logging out of your account at the end of each session, by implementing two or multi-factor authentication if requested by Arlo, and by not sharing your password or two or multi-factor verification code. You further undertake to immediately notify us of unauthorized use of your password or account. In the event Arlo suspects fraudulent activity, we may suspend access to your account and Arlo Services or reset your passwords, pursuant to our security policies to prevent unauthorized access. We will not be liable for any loss or damage arising from your failure to comply with this Section 3.

We may close your Arlo account if there is a justified reason to do so, such reason including if you are in breach of applicable laws, these Terms, applicable contractual provisions, or our guidelines or policies. We may also close your account if you demonstrate abusive behavior, your account is inactive for an extended period, or we are required to under a court order or governmental decree. You generally will have access to content and Arlo Services purchased by you up to the point of account closure.

You are fully responsible for maintaining the confidentiality of the information required to access or make modifications to your account and for all activities that occur under your password or account. Arlo will not be liable for any loss or damage arising from your failure to comply with the requirements of this section. We reserve the right to close your Arlo account if there is a justified reason to do so. We may also close your account if your account is inactive for an extended period or if we are required to under a court order or governmental decree.

4. Third-Party Content

The Arlo Services may give you the ability to access, use or integrate directly with third-party websites, apps, products, content, or other media controlled by third parties ("Third-Party Content"). You confirm to understand the following:

• (a) Third-Party Content providers may restrict or revoke access to their content at any time;
• (b) We do not operate, control or endorse any Third-Party Content and are not responsible for and have no editorial or programming control over any Third-Party Content. Further, we do not guarantee the safety, accuracy, legality, and effectiveness of the Third-Party Content, and will have no responsibility for any Third-Party Content including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable; and
• (c) We have no control over the distribution of Third-Party Content.

You agree that we will have no liability to you or anyone else who uses your Arlo Services with regard to any Third-Party Content. You also agree and declare that Third-Party Content accessed or transferred using the Arlo Services is for your own personal or business use, and that the Arlo Services will not be used to illegally copy, illegally display, commercialize, or otherwise make illegal use of Third-Party Content. Unauthorized copying or distribution of copyrighted works may constitute an infringement of the copyright holders' rights. You agree to assume all risks in connection with your interaction or use of any Third-Party Content. You are responsible for reading and understanding the terms and conditions and privacy notice or privacy policy that applies to your use of Third-Party Content.

We may close the accounts of users of any Arlo Services that 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 U.S. law or comparable foreign laws. We may close the Arlo 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.

The Arlo Services may give you the ability to access, use or integrate with third parties over which we exercise no editorial or programming control. You agree that we will have no liability to you or anyone else who uses your Arlo Services, with regard to any Third-Party Content. We may close the accounts of users of any Arlo Service or software who infringe the copyrights, trademarks, or intellectual property rights of others or who develop or use methods to defeat or bypass security measures.

5. Changes to Your Arlo Service

We may change any part of the Arlo Services at any time, including without limitation for the following reasons: for legal or regulatory reasons; for security reasons; for privacy reasons; to enhance existing features; to add additional features or functionality; to remove features or functionality; to prevent misuse or abuse; to reflect changes or advancements in technology; to make business model adjustments; to make subscription fee changes; and to ensure the ongoing operability of the Arlo Services. If you reject these changes, you may cancel your subscription to the Arlo Services at any time, in accordance with Section 11.2. Regardless of any changes to the Arlo Services, any increase in the applicable subscription fee will not apply before the end of your current subscription period.

We are under no obligation to provide any or all features and functionality to your Arlo Services and may, at our discretion, discontinue the provision of software updates to certain Arlo Services. Because different Arlo Systems may support different features and functionality, the level of service we provide may not be the same for each Arlo System.

We may make changes to the Arlo Service, at any time. In case we make material changes, we will inform you in due form to remind you of your rights.

6. DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER. PLEASE READ THIS PROVISION CAREFULLY. IT AFFECTS YOUR RIGHTS.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH AGREEING TO ARBITRATE ALL DISPUTES ON AN INDIVIDUAL BASIS AND ARE THEREFORE WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.

BINDING ARBITRATION. To the extent possible under your local law, both you and the Company agree to arbitrate any and all disputes or claims out of or relating to this Agreement, any Arlo Services, or your relationship to Arlo. All disputes concerning whether a claim is subject to arbitration (including disputes about the interpretation, breach, applicability, enforceability, revocability, or validity of this Agreement) will be decided by the arbitrator. Arbitration uses a neutral arbitrator instead of a judge or jury to resolve claims. Arbitration is less formal than a traditional court proceeding and the arbitrator’s decision is subject to limited review by courts.

The arbitration will be governed and administered by the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and consumer contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. In the event 10 (ten) or more demands for arbitration that share common factual or legal issues are filed by the same counsel or counsel acting in coordination with one another, the JAMS Mass Arbitration Procedures and Guidelines then in effect, including as related to initial filing fees, will also apply. The right to arbitration under this Agreement is protected by, and any arbitration will also be governed by, the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). Both parties agree that the parties’ relationship involves interstate commerce. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

Specifically excluded from application to these Terms is that law known as the United Nations Convention on the International Sale of Goods.

EXCEPTIONS TO ARBITRATION. Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, for any dispute between the parties that is not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.

CLASS ACTION WAIVER. The parties agree that they both give up the right to a jury trial, and that each may bring claims against the other only on an individual basis, and not as a plaintiff or class member in any purported class action lawsuit: CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER ARE OPTIONAL. You may decline or opt out of this agreement to arbitrate by sending written and signed notice to legal@arlo.com within thirty (30) calendar days of agreeing to these Terms.

You agree to arbitrate any and all disputes or claims with Arlo on an individual basis and not through a class arbitration or class action. When applicable, you agree that the JAMS Mass Arbitration Procedures and Guidelines will also apply. To decline or opt out of this arbitration Agreement, you must send a written and signed notice to legal@arlo.com within 30 calendar days of agreeing to these Terms.

7. Service Eligibility

Use of the Arlo Services requires that your Arlo System has access to an always-on, broadband internet connection, in accordance with Section 12. To enable the Arlo Services, all Arlo Systems must be registered at my.arlo.com or the Arlo apps, such as the official Arlo iOS and Android apps.

System Requirements. The Services will not be accessible without: (i) Wi-Fi or other communications network in your home that is positioned to communicate reliably with the Arlo System; (ii) an Arlo account; (iii) for some features and functionalities of the Arlo Services, an enabled and supported wireless device, such as a phone or tablet; (iv) always-on broadband Internet access with bandwidth sufficient to support the Arlo System you use; and (v) other system elements that may be specified by Arlo. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured.

Arlo is not obligated to make any updates available. Specifically, Arlo may not make the same updates available to all Arlo Systems and may discontinue updates to products that have reached their Arlo-designated end of lives. Arlo does not guarantee that it will support the version of the system or device for which you purchased or licensed the software, apps, content, or other products. Arlo may stop supporting devices or operating systems that it previously supported.

The Arlo Services will not be accessible without (i) Wi-Fi or other communications connection, (ii) an Arlo account, (iii) for some features, an enabled wireless device such as a phone or tablet, (iv) always-on broadband Internet access; and (v) other system elements that may be specified by Arlo. Arlo may stop supporting devices or operating systems that it previously supported.

8. Member Conduct

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

We do not have an obligation to monitor or control the Content posted via the Arlo Services and, as such, do not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will we be liable for any Content, including but not limited to the following circumstances:

• (a) any errors or omissions in any Content;
• (b) 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 Arlo Services including viewing, copying, or redistribution of the Content;
• (c) loss or destruction of Content; or
• (d) failure to comply with any and all applicable federal, state, and local laws with respect to Content or use of the Arlo Services, including but not limited to laws or regulations related to consent, closed-circuit television monitoring, recording communications – either audio or video, and facial recognition data or other custom detections derived from video recordings or uploaded photographs inclusive of any installation, notice, or consent requirements.

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

You agree not to use the Arlo Services to do the following: upload, post, email, transmit, use, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or that contains any private or personal information of another person without that person’s consent if such consent is legally required; harms any person; impersonates any person or entity; or forges headers or otherwise manipulates identifiers in order to disguise the origin of any Content transmitted through the Arlo Services. You agree not to 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); infringes or misappropriates any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; or contains viruses, corrupted data, or other harmful, disruptive, or destructive files or content. You agree not to 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; interfere with or disrupt the Arlo Services or servers or networks connected to the Arlo Services (including without limitation denial-of-service attacks); disobey any requirements, procedures, policies, or regulations of networks connected to the Arlo Services; violate any applicable local, state, national, or international law and any regulations having the force of law; "stalk" or otherwise harass another; or use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from the Arlo Services; use measures to bypass location based restrictions; develop or use any applications that interact with the Arlo Services without our prior written consent; or use any non-Arlo branded device with any Arlo Services unless we have specifically designated it as compatible.

Our personnel do not view your private photographs or videos without your permission unless compelled by law. We may also refuse or remove Content from the Arlo Services that may violate the Terms, such as those prohibitions listed in this Section 8.

Without limiting the foregoing, we will have the right at any time to remove any Content that violates these Terms, is illegal, or that we believe 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).

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

• (a) comply with legal process, including without limitation subpoenas and search warrants;
• (b) enforce these Terms;
• (c) respond to claims that any Content violates the rights of third parties;
• (d) respond to your requests for customer service; or
• (e) protect the rights, property, or personal safety of Arlo, its users, and the public.

You understand that the technical processing and transmission of the Arlo Services, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Arlo may at its discretion implement certain data consumption thresholds or other data usage plans for the Arlo Services to address excessive or abusive usage.

You understand that the Arlo Services and software embodied within the Arlo 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 the Company and/or content providers who provide content to the Arlo Services. Arlo may require certain security safeguards in order to use the Arlo Services, such as two or multi-factor authentication.

You may not attempt to override or circumvent any of the usage rules embedded into the Arlo Services.

You, and not Arlo, are entirely responsible for all Content that you capture, upload, post, email, transmit, or otherwise make available via the Arlo Services.

You, and not Arlo, are responsible for complying with any local laws or regulations that relate to your use of the Arlo Services. This may include installation requirements. This may also include you providing notice and obtaining consent from people who may be monitored, recorded (audio or video), or otherwise identified such as through facial recognition or other custom detections derived from your Content.

Arlo has the right, at any time, to remove any Content that violates these Terms, is illegal, or that we believe may be illegal or inappropriate.

Our personnel do not view your private photographs or videos without your permission unless compelled by law.

9. Content Submitted or Made Available for Inclusion on the Arlo Services

Arlo does not claim ownership of Content you submit or make available for inclusion on the Arlo Services. With respect to Content (including all related intellectual property rights) you submit or make available for the Arlo Services, you grant Arlo the following worldwide, royalty-free, nonexclusive, perpetual, irrevocable, sublicensable, and transferable license(s), as applicable: the license to use, store, delete, distribute, reproduce, modify, adapt, make derivative works of, publicly perform, and publicly display such Content on the Arlo Services and other third-party platforms in connection with providing you the Arlo Services, as permitted through the functionality of the Arlo Services and under these Terms. You grant Arlo the right to maintain a copy of the Content (including all related intellectual property rights) for archival and legal purposes.

You also hereby do and will grant each user of the Arlo Services a non-exclusive license to access and use your Content through the Arlo Services, as solely permitted through the functionality of the Arlo Services and directed by you and under these Terms.

When you use a third-party application, the application may ask for your permission to access your Arlo content and information to enable the application to work as intended. Your agreement with the provider of that application will control how the application can use, store, delete, 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 the Company do not affect your ownership of or right to grant additional licenses to your Content, unless otherwise agreed in writing.

With respect to the Content that you submit or make available for the Arlo Services and other third-party platforms, you grant Arlo a license to such Content solely in connection with providing you the Arlo Services. You also grant each user whom you designate a license to access and use your Content through the Arlo Services, as solely permitted through the functionality of the Arlo Services and under these Terms. When you use a third-party application to access your Content, your agreement with the provider of that application will control.

10. Subscription Services Fees

10.1 Activation.To activate your Arlo Service, you must affirmatively take certain steps – this activation will not occur automatically. For new Arlo users, this will involve creating an Arlo account as part of the sign-up process.

10.2 Subscription Services Fees. SOME ARLO SERVICES REQUIRE AN ONGOING SUBSCRIPTION THAT WILL CONTINUE UNTIL YOU CANCEL THE SUBSCRIPTION IN ACCORDANCE WITH SECTION 11.2, OR IF WE TERMINATE THE RELATED SERVICE. You agree to pay your subscription fee in advance. Your subscription period is stated in your Arlo subscription plan, which you may view by logging into your account. We may offer multiple subscription plans with varying levels and services. Your subscription fee will cover the Arlo Services provided in your selected Arlo subscription plan.

You may have a choice of subscription payment options and may change your selected payment option through your account on my.arlo.com or, if allowed, via the Arlo applications. If for any reason you need to reactivate a terminated subscription you may be charged a reactivation fee that will be disclosed to you prior to the levy of the reactivation fee.

10.3 Free Trial and Promo Codes. Your subscription may start with a free trial or promotional subscription fee that automatically converts to a full-priced paid subscription upon expiration of the trial or promotional period. If so, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL OR PROMOTIONAL PERIOD, WE WILL BEGIN BILLING YOUR PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION FEE (PLUS ANY APPLICABLE TAXES) UPON EXPIRATION OF THE FREE TRIAL OR PROMOTIONAL PERIOD UNTIL YOU CANCEL OR WE TERMINATE YOUR SUBSCRIPTION. You may not receive a notice from us that your free trial or promotional period has ended or that the paid portion of your subscription has begun. We reserve the right, in our absolute discretion, to determine your free trial and promotional offer eligibility.

To activate your Arlo Service, you must affirmatively take certain steps – this activation will not occur automatically. Some Arlo Services require an ongoing subscription that will continue until you cancel the subscription in accordance with the Terms or if we terminate the related service.

You agree to pay your subscription fee in advance. Your subscription period is stated in your Arlo subscription plan, which you may view by logging into your account. If your subscription comes with a free trial or promotional offer, we will begin billing your payment method for the subscription fee (plus taxes) upon expiration of the free trial or promotional offer unless you cancel your subscription.

11. Subscription Payment, Automatic Renewal, Cancellation, Price Changes and Refund Policy

11.1 Subscription Payment. To sign up for a subscription, complete the required registration details online or in the Arlo app if provided, including without limitation selecting your method of payment. A separate subscription is required for each physical address where your Arlo System is placed. If you choose a subscription option with recurring payments (e.g. monthly and annual subscriptions) you agree that we may automatically charge the subscription fee to the payment method provided and associated with your account at the beginning of each period at the frequency you have selected unless and until you cancel the subscription. If you signed up at a promotional rate, any renewals past the promotional period will be charged at the then effective subscription fee. Access to your Arlo Services will not be established until the Company or its agent has verified that the payment method is valid, accurate, and in good standing.

UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT THE SERVICE PORTION OF ANY FINANCING PLAN THAT INCLUDES HARDWARE AND SERVICE, INCLUDING WITHOUT LIMITATION THE “TOTAL SECURITY FINANCING PLAN”, MAY AUTOMATICALLY RENEW AND CONTINUE FOLLOWING THE TERM OF THE PLAN, AND YOU AUTHORIZE US TO COLLECT THE THEN-APPLICABLE FEE AND APPLICABLE TAXES FOR SUCH CONTINUING SERVICE, USING ANY PAYMENT METHOD WE MAY HAVE ON RECORD FOR YOU. FINANCING PLAN HARDWARE, SERVICES, FEATURES, AND FEES MAY CHANGE OVER TIME, BUT ANY INCREASE IN FEES WILL NOT AFFECT THE COST OF YOUR FINANCING PLAN DURING ITS TERM. YOUR RENEWAL SERVICE AT THE END OF YOUR FINANCING PLAN TERM WILL BE THE ONE WE CHOOSE AS BEING CLOSEST TO THE SERVICES AND FEATURES PROVIDED UNDER YOUR INITIAL FINANCING PLAN.

You also acknowledge that the amount billed may vary due to promotional offers, changes to your subscription or changes in applicable taxes or other charges. You authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.

11.2 Automatic Renewal of Subscription and Cancellation of Subscription. Your subscription will continue and automatically renew until cancelled. You must cancel prior to the subscription fee being charged to the payment method provided. Cancellation will take effect on the day following the end of your current subscription period. If you purchased the paid subscription through a third party, you should cancel it directly through the third party whenever possible.

Cancellation Policy. Your subscription will automatically renew until you cancel. You may cancel your subscription by clicking on the cancel subscription link in your Arlo account settings at my.arlo.com, in the Arlo app if provided, or contacting the Support Center at https://www.arlo.com/en-us/support/contact If you purchased an Arlo Total Security Plan or otherwise purchased an Arlo System on an installment agreement and cancel service during the term of the agreement, you should check that agreement to determine if you may have to immediately pay off the remaining balance.

11.3 Price Changes. Arlo may, at its reasonable discretion change the subscription fee and prices for the Arlo Services from time to time. All price changes will take effect no earlier than 30 days after Arlo notifies you and at the beginning of the next billing cycle for your subscription. If you are dissatisfied with the fee changes or additional charges, you may terminate your use of the Arlo Services in accordance with Section 11.2.

11.4 Refund Policy. Unless specifically noted otherwise in these Terms, subscription fees are nonrefundable and there are no refunds or credits for partially used subscription periods. Following any termination of a subscription, however, you will continue to have access to the relevant Arlo Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers to an Arlo Service ("Credits"). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future.

11.5 Returned Payment. We may suspend or terminate your Arlo Services without notice upon rejection of any charges to your payment method or if your card issuer (or its agent or affiliate) seeks the return of payments previously made to us for Arlo Services. You agree we may charge interest at 1% monthly interest or that highest interest rate allowed by law, whichever is less, on all amounts due that remain unpaid for 30 days or more. Such rights are in addition to and not in lieu of any other legal rights or remedies available to the Company. We may refer your account to a third party for collection in the event of ongoing default.

A separate subscription is required for each physical address where your Arlo System is placed.

If you choose a subscription option with recurring payments, you agree that we may automatically charge the subscription fee to the payment method provided and associated with your account at the beginning of each period at the frequency you have selected unless and until you cancel the subscription.

You understand that unless you notify us before a charge, the service portion of any financing plan that includes both hardware and service may automatically renew following the term of the plan at the subscription with the closest services and features provided under your initial financing plan.

Subscription fees are nonrefundable and there are no refunds or credits for partially used subscription periods. Following any termination of a subscription, you will continue to have access to the relevant Arlo Service through the end of your current billing period.

Arlo may, at its reasonable discretion change the subscription fee and prices for the Arlo Services from time to time. All price changes will take effect no earlier than 30 days after Arlo notifies you and at the beginning of the next billing cycle for your subscription.

We may suspend or terminate your Arlo Services without notice if your payment is rejected or if your card issuer (or its agent or affiliate) seeks, the return of payments previously made to us for Arlo Services.

12. Internet Service Provider and Mobile Phone Charges

The Arlo 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 Arlo Services and acknowledge and agree that you will be solely responsible for all disputes with any internet service or mobile phone provider relating to the 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. We are not responsible for and do not make any assurances about the availability, functionality, or cost of any broadband internet connection or other data plan.

The Arlo 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 Arlo Services and acknowledge and agree that you will be solely responsible for all disputes with any internet service or mobile phone provider relating to same.

13. Using the Arlo Services

You may access and use the Arlo Services only with an Arlo System that is authorized to communicate with the Arlo Websites and Apps. You agree not to tamper with or otherwise modify your Arlo System, other than as instructed or specifically permitted by Arlo. The Arlo Services are provided for your personal, non-commercial use and may not be resold, in whole or in part. Except as expressly provided in these Terms, you may not transfer the Arlo Services or the right to receive them.

By using the Arlo Services, you agree to receive all software updates and upgrades that Arlo sends to your Arlo System. These updates and upgrades may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you disable the automatic update and upgrade feature of the Arlo Services, then certain functionality of the Arlo Services may be adversely impacted. Even if you disable the automatic upgrade feature of your Arlo System, we may still implement critical Arlo System updates; updates for Arlo applications running on your iPhone, iPad, Android phone, tablet, and similar devices; and Arlo back-end service updates. If your Arlo System accesses the Arlo Websites and Apps (regardless of your payment or subscription status) you acknowledge and agree that you are a user of the Arlo Services and are bound by the provisions of these Terms.

You may access and use the Arlo Services only with an Arlo System that is authorized to communicate with the Arlo Websites and Apps. You agree not to tamper with or otherwise modify your Arlo System. By using the Arlo Services, you agree to receive all software updates and upgrades that Arlo sends to your Arlo System. These updates and upgrades may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you disable the automatic update and upgrade feature of the Arlo System then certain functionality of the Arlo System may be adversely impacted.

14. Termination of service

You may request termination of your account and your right to use the Arlo Services at any time without limitation. The Arlo Services will be terminated within approximately 5 business days after your request. Any unused Arlo Services fees, 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 Arlo's or its agents’ systems, including without limitation log entries, diagnostics, analytics coming from devices tied to the user or account, transaction details of the account, or information subject to litigation holds, search warrants, subpoenas, or other legal process.

Notwithstanding anything to the contrary in these Terms, we retain the absolute right to immediately terminate your account if the subscription charges are refused for any reason, if you breach any provision of these Terms, if you misuse the Arlo Services or if you use the Arlo Services illegally, and/or if you alter your Arlo System other than as instructed by Arlo, or use the Arlo Services or software in such a manner as to infringe upon the intellectual property rights of Arlo and/or its subsidiaries and affiliates or any third party.

Upon any such termination of your account initiated by Arlo, you will remain obligated to pay all outstanding fees and charges relating to your use of the Arlo Services before termination, and we will give you a pro-rated refund of any of your paid-for, but unused, Arlo Services fees that will remain unused because of Arlo's termination under this method of termination. Termination of the Arlo Services may result in the forfeiture, deletion, and destruction of all information associated with your subscription or Arlo Services, including Content.

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

You may request termination of your account and your right to use the Arlo Services at any time without limitation. The Arlo Services will be terminated within approximately 5 business days after your request. Any unused Arlo Services fees, including subscription fees, shall not be refundable under this method of termination.

Arlo may immediately terminate your account if the subscription charges are refused for any reason, if you breach any provision of these Terms, if you misuse the Arlo Services, and/or if you alter your Arlo System or use the Arlo Services or software in such a manner as to infringe upon the intellectual property rights of Arlo and/or its subsidiaries and affiliates or any third party.

Arlo may terminate for other reasons if we give you at least 30 days advance notice of such termination.

15. Title to Software and Intellectual Property

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

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

You may need to use certain software programs in your Arlo System to use or have full access to certain features of the Arlo Services. Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute publicly perform, publicly display, copy, or use for other purposes the Arlo Services or the software of the Arlo Services is strictly prohibited.

16. Procedure for Making Claims of Copyright or Intellectual Property Infringement

We respect the intellectual property of others, and we require our users to do the same. Arlo may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be 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 us with the following information:

• - 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;
• - a description of where the material that you claim is infringing is located on the site;
• - your address, telephone number, and email address;
• - 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; and
• - 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 Arlo’s Copyright Agent designated to receive notifications of claimed infringement:

Copyright Agent – Attention Legal Department, Arlo Technologies Inc, 5770 Fleet Street, Carlsbad, California 92008

OR

copyright@arlo.com

For clarity, only notices of (suspected) copyright or intellectual property infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Arlo customer service through https://www.arlo.com/en-us/support/contact. You acknowledge that if you fail to comply with all the requirements of this Section 16, your notice of (suspected) copyright or intellectual property infringement may not be valid.

Arlo may, in appropriate circumstances, disable and/or terminate the accounts of users who may be repeat 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 us with the information listed in this clause, in the manner described.

17. Open Source Software

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

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

Certain components of the software for the Arlo System are subject to the GNU General Public License ("GPL") or other so-called open source licenses ("Open Source Software"). Open Source Software may not be subject to the restrictions in Section 15 of these Terms. You are free to use, modify, and distribute Open Source Software that is subject to the GPL so long as you comply with the terms of the GPL (available at https://www.gnu.org/licenses/gpl-3.0.html). For clarification, these Terms do not limit your rights under, or grant you rights that supersede, the license terms of any applicable Open Source Software.

18. Links

The Arlo Services may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources you agree that we are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further agree that we 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.

The Arlo Services may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources you agree that we are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

19. 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 United States or from the country in which you reside. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or from the country in which you reside. You are not located in a country subject to an U.S. government embargo, or that has been designated by U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

20. No Resale of Arlo Services

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

21. Indemnity

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY 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 THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES OR THE ARLO SERVICES, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY PROVISION OF THESE TERMS, YOUR MISUSE OF THE ARLO SERVICES, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF THE ARLO SYSTEM OR SOFTWARE.

You agree to exempt us from any liability related to or arising out of your breach of any provision of these Terms, your misuse of the Arlo Services, or your unauthorized modification or alteration of the Arlo System or software.

22. Warranty and Warranty Disclaimer

Only the applicable sales conditions, the descriptions, characteristics, features, presentations and price that we publish and directly present on the Arlo Website or App, will be regarded as constituting the description of the Arlo Services. You are fully responsible for verifying whether Arlo Services, as they are described in the above-mentioned published materials, meet your needs and intended use.

There is a limited warranty on the Arlo devices. The specifics of our Limited Hardware Warranty are at https://www.arlo.com/en-us/about/warranty/default.aspx.

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

YOU AGREE THAT WE ARE NOT AN INSURER AND THAT WE ARE NOT PROVIDING YOU WITH INSURANCE OF ANY TYPE. ANY AMOUNTS THAT YOU PAY US FOR THE ARLO 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 US TO COMPENSATE YOU OR ANYONE ELSE. YOU RELEASE AND WAIVE FOR YOURSELF AND YOUR INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST THE COMPANY ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE, OR INJURY.

OUR EQUIPMENT AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF CERTAIN EVENTS, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, ROBBERIES, AUTOMOBILE CRASHES, AND MEDICAL PROBLEMS. ARLO MAKES NO GUARANTEE OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE ARLO EQUIPMENT AND SERVICES PROVIDED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. THE COMPANY 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 THE COMPANY.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

OTHER THAN AS STATED IN OUR LIMITED HARDWARE WARRANTY FOR ARLO DEVICES, WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE ARLO 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. ARLO 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. OUR LIMITED HARDWARE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY STATE, PROVINCE, OR COUNTRY. OTHER THAN AS PERMITTED BY LAW, ARLO 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. FOR OUR AUSTRALIAN CUSTOMERS: PLEASE NOTE THAT THIS WARRANTY IS IN ADDITION TO ANY STATUTORY RIGHTS IN AUSTRALIA IN RELATION TO YOUR GOODS WHICH, PURSUANT TO THE AUSTRALIAN CONSUMER LAW, CANNOT BE EXCLUDED.

You are fully responsible for verifying whether Arlo Services, as they are described in the mentioned published materials, meet your needs and intended use. You agree the Arlo Services are provided on an “as is” and “as available” basis.

There is a limited hardware warranty on the Arlo devices. The specifics of our Limited Hardware Warranty are at www.arlo.com/warranty. We disclaim all other warranties of any kind.

You agree that we are not an insurer and understand that we are not providing you with insurance of any type. In the event of any loss, damage, or injury, you will not look to us to compensate you or anyone else.

You also understand that our equipment and services do not cause and cannot eliminate certain events, including but not limited to fires, floods, burglaries, etc. There is no guarantee that the Arlo Services will detect or avert such incidents or their consequences. You, not Arlo, assume the risk that you or your property, or the person or property of others, and may be subject to injury or loss if such an event occurs.

23. 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.

24. Limitations of Liability

Under no circumstances will we be liable in any way for any Content, including, but not limited to, the loss of Content, failure to record 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, saved, emailed, accessed, transmitted, or otherwise made available via the Arlo Services.

Subject to the exceptions stated at the end of this section, our liability for damages related to the use of the Arlo Services, including breach of duty or obligation, delay in performance, non-performance, or malperformance (whether in contract, tort, or otherwise) will not exceed the amount paid by you, if any, for the Arlo Services within TWELVE (12) MONTHS prior to when the alleged liability arose. Any liability for negligence is limited to direct losses usually and typically foreseeable in such case. 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. Moreover, if we mistakenly or wrongfully overcharge your account, this section does not limit our ability to refund such mistakenly or wrongfully overcharged amounts.

THE LIMITATIONS SET FORTH IN THIS SECTION MAY NOT LIMIT OUR LIABILITY FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE ARLO SERVICES OR FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT OF ARLO.

Arlo may be liable for damages only when these are due to negligent breaches of any significant contractual duty or obligation on the part of Arlo. Our liability for damages will not exceed the amount paid by you, if any, for the Arlo Services within twelve (12) months prior to when the alleged liability arose. Any liability for negligence is limited to direct losses usually and typically foreseeable in such case.

25. General Information

Entire Agreement. These Terms, any additional terms we provide for any particular Arlo Services, and the applicable End User License Agreement, constitute the entire agreement between you and Arlo and govern your use of the Arlo Services superseding any prior agreements between you and Arlo with respect to the Arlo Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Arlo Services, affiliate services, third-party content, or third-party software. Those additional terms will control in the event of a conflict with these Terms and only to the extent of the conflict.

Waiver. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any invalid, ineffective or unenforceable provision will not affect the validity of the remaining provisions of these Terms.

No Right of Survivorship and Non-Transferability. You agree that your Arlo account is nontransferable and any rights to your Arlo ID or contents within your account terminate upon your death.

Force majeure. Arlo’s obligation to provide the Arlo Services, in particular monitoring services, will be suspended immediately and without prior notice in the event of force majeure situations, including but not limited to (i) the telephone lines, network, equipment, other communication devices and/or software are destroyed, damaged or for any reason inoperable, or (ii) war (whether declared or undeclared), fire, flood, extreme weather, accident, explosion, terrorism, governmental order, regulation, restriction or priority, industrial unrest, or any other cause for the duration of the interrupted service. If possible then Arlo will notify you prior to the suspension of Arlo Services.

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

26. Contact

The following entity is responsible for delivering the Arlo Services depending on where you are using the Arlo System, and if you have any questions, complaints, or claims with respect to the Arlo Services, you may contact us there.

The Americas

Arlo Technologies, Inc., 5770 Fleet Street, Carlsbad, CA 92008

https://www.arlo.com/en-us/support/contact

All Other International Non-European Territories (including but not limited to Middle East, Africa, Asia Pacific, Australia, and New Zealand)

Arlo Technologies International Ltd, Building 3 University Technology Centre Curraheen Road, Cork, Ireland

https://www.arlo.com/en-us/support/contact

27. Arlo Service Plan Addendum

If you are a subscriber to a paid service plan (“Arlo Service Plan”), then the below additional terms apply.

PLEASE READ THESE TERMS CAREFULLY AND IN FULL. THEY CONTAIN CERTAIN CONDITIONS AND RESTRICTIONS ON THE AVAILABILITY AND USE OF THE SUBSCRIPTION YOU ARE ACTIVATING.

These additional terms supplement the Arlo 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 these terms and the Arlo Terms, the terms and provisions of these terms will govern and control.

Description of Service. As part of your Arlo Service Plan, Emergency Response (“Arlo ER”) may be available. Emergency first responders may be directly dispatched by the Arlo professionally monitored emergency response team and directly in the Arlo App in the event of an emergency. Certain features of the Arlo Safe app are designed to collect and share location information about you and those you add to your Arlo Service Plan with Arlo ER as described in our Privacy Notice.

Emergency response may be available. Emergency first responders may be dispatched in the event of an emergency. If enabled and when using Arlo Safe, certain location information may be shared with those you add to your Arlo Service Plan and emergency responders during an emergency.

The Arlo ER will not function (1) with the loss of critical electrical power, including without limitation the loss of power to equipment necessary to route Arlo Service Plan communications to the appropriate emergency call center; (2) if the wireless or broadband internet connection to your device with the Arlo Service Plan application is not operational; (3) at a remote location with no internet connection or other wireless coverage; (4) if the Arlo Service Plan application is not correctly configured; (5) if the correct physical address for the Arlo Service Plan is not provided; (6) if an emergency call center's technical limitations render it incapable of receiving or processing calls from the Arlo Service Plan; (7) if necessary permissions are not enabled for Arlo Service Plan features; (8) if the mobile device used for the Arlo Service Plan does not have the minimum battery life (9) if the mobile device does not properly transmit sensor or location signals and (10) other force majeure events cause the quality of the broadband connection to deteriorate, including without limitation network congestion. Your acceptance of these Arlo Service Plan terms constitutes your acknowledgement that Arlo has advised you of these potential limitations.

In the event of a life or safety hazard, risk of property damage, fire, flood, burglary, mugging, automobile crash, medical or other emergency, you should contact 911 or other appropriate emergency services immediately. Features of the Arlo Service Plans are NOT A REPLACEMENT FOR 911 OR CONTACTING EMERGENCY SERVICES OR RESPONDERS.

Emergency response may not function due to reasons described in the full Terms. Your acceptance of the Terms constitutes your acknowledgement that Arlo has advised you of these potential limitations.

In the event of a life or safety hazard, risk of property damage, fire, flood, burglary, mugging, automobile crash, medical or other emergency, you should contact 911 or other appropriate emergency services immediately. Features of the Arlo Service Plans are NOT A REPLACEMENT FOR 911.

Alerts and Notifications.Only in the event of an emergency and once the monitoring center receives an alarm from the alarm system, will Arlo take measures to, if necessary, (i) review and notify you of any video footage you authorize to be viewed by the monitoring team; (ii) initiate the deployment of the police, fire department and/or security service designated by Arlo and; (iii) notify you by telephone, SMS and/or e-mail and; (iv) notify your emergency or safety contact(s) by telephone or SMS. You agree to receive communications from us on your mobile device including calls, text messages, alerts, and other electronic communications. You understand your obligation to obtain consent from any person added by you to receive electronic communications related to your Arlo Services. Standard minute, message and data rates apply to all messages sent to or received from us. You understand that information you include in your Arlo ER Profile will be shared with police, fire, or emergency medical service providers (collectively, “Emergency Responders”). You understand and agree that once your Arlo ER Profile information is made available to Emergency Responders, it may be transmitted or otherwise made accessible through unsecured communications as part of the information disseminated to or by Emergency Responders responding to an emergency. You further understand that the information provided may be stored as part of a public record associated with an emergency call if required by local statutes. You understand and agree and hereby authorize Arlo to release and disclose your Arlo ER Profile information to Emergency Responders in connection with Arlo ER.

In providing the alarm monitoring and additional emergency services, Arlo is ¬dependent on third parties, the functioning of the ¬local network, the Internet, GPS and the GPRS network. You agree that you are aware of this and accept that Arlo has no control over this.

Arlo ER following Free Trial or Termination of Services.Some features of your Arlo ER will be unavailable at the end of the free trial period, if you do not purchase a paid Arlo subscription prior to the expiry of the free trial period, or if you change your subscription to one that does not provide that Arlo ER feature. Arlo ER will not be available if your account is suspended or terminated.

Only in the event of a reported emergency will Arlo take measures to, if necessary, (i) review and notify you of any video footage you authorize to be viewed by the monitoring team (ii) initiate the deployment of the police, fire department and/or security service designated by Arlo (iii) notify you by telephone, SMS and/or e-mail and (iv) notify your emergency or safety contact(s) by telephone or SMS.

You agree to receive communications from us on your mobile device including calls, text messages, alerts, and other electronic communications. You will obtain consent from any person added by you to receive electronic communications related to your Arlo Services.

You authorize Arlo to release your Arlo ER Profile Information to Emergency Responders and understand that information provided may be transmitted by them through unsecured communications and stored as part of a public record associated with an emergency call.

In providing the alarm monitoring and additional emergency services, Arlo is dependent on third parties, the functioning of the local network, the Internet, GPS and the GPRS network. You accept that Arlo has no control over these aforementioned third parties and networks.

Customers’ Duty to Correctly Install and Maintain. It is your responsibility to install the Arlo security system and sensors, cameras, or other devices in strict accordance with the instructions and specifications provided to you. If these are improperly installed or not properly configured, or are outside the detection area or blocked by walls, furniture, personal property or other objects; then it could result in false sensor event triggers or errors in event detection or recording.

Sensors, sound detection and video-based fire detection are secondary measures and should not replace conventional alarms. As an example, your primary smoke detector triggers an alarm based on the presence of smoke that can then be heard through sound detection. And video-based fire detection systems cannot ensure that fire will be reliably detected in all scenery settings. It is your responsibility to inspect and maintain your Arlo security system and sensors, cameras and other devices after installation is complete and periodically thereafter. It is also your responsibility to replace the batteries when necessary. The Arlo ER may not work accurately, if batteries need replacement or servicing. Please check batteries regularly.

It is your responsibility to install the Arlo security system and sensors, cameras, or other devices in strict accordance with the instructions and specifications provided to you. Sensors, sound detection and video-based fire detection are a secondary measure and should not replace conventional alarms. It is your responsibility to inspect and maintain these devices after installation is complete and periodically thereafter. Please check batteries regularly.

Automobile Crash Response.When crash detection is enabled, you understand that you must either be the driver of the vehicle or have obtained consent from the driver to use this feature. If you do not have consent, you understand that you must deactivate this feature on your device. Enabling this feature does not replace calling 911 in the event of a crash. Arlo ER endeavors to successfully detect and report an automobile collision, however you understand that not all collisions may be detected, and some non-collisions may be falsely reported as collisions (e.g. due to network issues, algorithm error, mobile device sensor errors, etc.).

Changes to System Elements.Note that if you replace or modify elements of the Arlo System (as described in the accompanying documentation), it may not transmit signals, causing malfunctions and missed events.

You must be the driver of the vehicle or have obtained consent from the driver to use this feature. Arlo ER endeavors to successfully detect and report an automobile collision, however you understand that not all collisions may be detected, and some non-collisions may be falsely reported as collisions.

Enabling this feature does not replace calling 911 in the event of a crash.

Limitation of Liability.We do not have any control over whether, or the manner in which, calls using our Arlo ER are answered or addressed by emergency response centers. We disclaim all responsibility for the conduct of any local, regional, or national emergency calling centers and emergency response centers. We may rely on suppliers, vendors, and third parties to assist us providing the Arlo ER and in routing communications to local, regional, or national emergency calling centers and emergency response centers. We disclaim any and all liability or responsibility in the event third party data used to route communications is incorrect, not sent, or yields an erroneous result. Arlo does not warrant or guarantee that the Arlo ER will detect and report all emergency situations, that false reports will not be made, or that emergency assistance will be provided in the event of an emergency situation (e.g. collisions, break-ins, water leakage, etc.). Neither Arlo nor its officers, employees, vendors, or suppliers may be held liable for any claim, damage, or loss, including without limitation consequential damages and lost profits, and you hereby waive any and all such claims or causes of action arising from or relating to our subscriptions, including the Arlo ER, unless such claims or causes of action arise from our gross negligence or willful misconduct.

False Alarms. Government or municipal authorities may assess fines, penalties or other fees for false alarms, excessive alarms, or failing to comply with regulations or standards intended to reduce false alarms. You are responsible for any such fees that are assessed against you. You will indemnify and hold harmless Arlo for any such fees and, to the fullest extent permitted by applicable law.

Additional Services. We may from time to time make additional Arlo services available to Arlo customers. In order to access such additional services, you may be required to take certain steps, including consent to further terms.

We do not have any control over whether, or the manner in which, calls using our Arlo ER are answered or addressed by emergency response centers.