Sigflow Next Generation Networks
Updated: January 2021
We are BERGY LLC, dba Sigflow (“Sigflow”, “our”, “us” or “we”).
Your access to, and use of, all products and services sold or otherwise provided to you as a part of its Internet of Things solutions (collectively, the “Products” and the “Services,” respectively) and the Sites (as defined below) is subject to the terms and conditions set forth in these Sigflow Terms of Service (these “Terms”)
PLEASE NOTE THAT THE SECTION OF THESE TERMS LABELED “CLASS-ACTION WAIVER AND AGREEMENT TO ARBITRATION” BELOW CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS IN ANY DISPUTE WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES ARISING OUT OF YOUR USE OF THE SERVICES AND/OR YOUR PURCHASE AND/OR USE OF ANY SERVICE OR PRODUCT.
BY ACCESSING AND USING THE SERVICES AND/OR THE SITES, YOU ARE AGREEING TO ALL OF THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES OR ANY OF THE SITES.
Sigflow reserves the right, in its sole discretion, to modify, amend or supplement any term or condition of these Terms at any time, with or without notice, by posting such modifications, amendments and/or supplements here. If you continue to use the Services after any such modifications, amendments or supplements are made, you are then accepting and agreeing to be bound by them.
Payment: To the extent to which we sell Products and/or the Services to you for any fee or charge that we collect, you will be required to select a form of payment and provide us information regarding your credit card or other form of payment authorized by us. You represent and warrant that such information is true and correct and that you are authorized to use the selected form of payment. When you make a payment, you authorize us (and our designated payment processor(s)) to charge the full amount to the payment source you designate for the transaction. You acknowledge and agree that you are liable for any and all applicable sales and use taxes for any purchase you make based on the mailing address that you provide, and you authorize Sigflow to charge your payment method for any such applicable taxes. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You will pay us, in U.S. dollars, all fees and charges incurred in accordance with the authorized form of payment and these Terms. If you agreed to purchase a Tracking Device and subscribe to the Monitoring Service, you will pay not only all fees and charges incurred in accordance with the authorized form of payment and these Terms, but also all police, fire department, ambulance or paramedic charges or fees and all false alarm fines or penalties and response fees (whether charged to you or to us) by any third party. If you dispute any fees or charges, you must let us know within sixty (60) days after the date that we invoice or otherwise charge you, and give us the opportunity to remediate any problem that you believe entitles you to dispute those fees or charges. You hereby grant to us the right to fix any payment processing errors that we may discover, and the right to correct any such processing errors by debiting or crediting the payment method used for the transaction found to be in error.
We may charge your credit or debit card or account for your first fee for a subscription Service on the date upon which we process your order for that subscription Service, and on or about each monthly or annual anniversary thereafter. We may also obtain preapproval for an amount up to the amount of the transaction. Once your payment method is charged the first fee for a subscription Service, we will send a confirmation email to the email address that you have provided. If you have any dispute with either any such charge or your request that it recur, you must notify us in accordance with Section 5.
You acknowledge and agree that the amounts billed each billing period for subscription Services may vary for reasons that may include differing amounts due to promotional offers or changing subscription Services or prices. You authorize Sigflow to charge your payment method for such varying amounts, or provide you a credit, on your next billing cycle.
YOU ACKNOWLEDGE AND AGREE THAT: (I) SIGFLOW RESERVES THE RIGHT TO AUTOMATICALLY RENEW EACH SUBSCRIPTION SERVICE THAT YOU PURCHASE, ON OR ABOUT EACH MONTHLY OR ANNUAL ANNIVERSARY OF THE DATE UPON WHICH SIGFLOW FIRST CHARGES YOU FOR THE SUBSCRIPTION SERVICE; AND (II) SIGFLOW WILL HAVE THE RIGHT TO CHARGE YOU THE APPLICABLE MONTHLY OR ANNUAL SUBSCRIPTION FEE ALONG WITH ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED THEREON UNLESS YOU CANCEL PRIOR TO THE RENEWAL DATE.
If Sigflow is unable to successfully charge your payment method for any charges due, Sigflow reserves the right to revoke or restrict access to the Services, delete your stored content and/or terminate your account. If you want to designate a different payment method, or if there is a change in status for your payment method, you may change your payment method by logging into your account and making all payment-related changes to your account profile. You hereby acknowledge and agree that making such changes may: (i) temporarily disrupt services while Sigflow verifies your new payment information; and (ii) may result in a change to your payment billing date.
Orders, Returns, Cancellations and Refunds:
Sigflow will pack and ship each Product that comprise hardware (“Hardware”) in accordance with our standard practices and the rules of our shipping partners. We will charge you for shipping and handling. Scheduled shipment dates are estimates only, and, while Sigflow will use commercially reasonable efforts to meet scheduled shipment dates, in no event will Sigflow be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.
If you are the original purchaser of Hardware that you purchased from Sigflow (as opposed to from a third party) and you are not satisfied with the Hardware for any reason, you may return it in its original condition to us within forty five (45) calendar days of the original purchase date and receive a full refund, less any shipping and handling, duties and taxes that you paid with your original purchase (i.e., shipping and handling, duties and taxes are not refundable). Without limiting the foregoing: (i) only Hardware that has been purchased directly from Sigflow can be returned to Sigflow; and (ii) Hardware purchased from any third party may be returned, if at all, to such third party in accordance with its returns policy.
If you wish to cancel an order that Sigflow has not yet fulfilled, or if you would like to schedule a return (including to receive a refund of a purchase price), contact us via email at [email protected] or telephone at (833) 744-3569 with your order details.
To qualify for a refund or credit (excluding shipping and handling, duties and taxes) you must:
Sigflow reserves the right to reject and either dispose of or return to you, at your expense, any return that is sent other than in compliance with the foregoing specified instructions. Requests for an RMA received by Sigflow more than forty five (45) calendar days after the original purchase date for purchased Hardware may be evaluated on a case-by-case basis, subject to Sigflow’s management approval and restocking fee. Products that are software, as well as Hardware that has been customized, modified and/or altered other than by Sigflow are not eligible for return or refund.
Shipping Address for Returns for IoT Sensors
Attn: Product Returns Dept
3900 W Alameda Ave.
Burbank CA 91505
Tel: (855) 246-8269
YOU MAY CANCEL YOUR AUTOMATIC RENEWAL FOR SUBSCRIPTION SERVICES AT ANY TIME BY CONTACTING US VIA EMAIL AT: [email protected]. Unless otherwise noted, any fees paid by you prior to your cancellation are nonrefundable (except as expressly permitted otherwise by these Terms or as may be required by law), including, without limitation, any fees paid in advance for the billing cycle during which you cancel. Termination past the relevant deadline for cancellation will not relieve you of any obligation to pay any accrued fees or charges to which you committed and failed to timely cancel. Upon cancellation of subscription Services, you will lose access to the benefits thereof to which you had previously had access, and Sigflow will have the right to delete information and data stored as part of your account.
Limited Hardware Warranty:
For one (1) calendar year from your original order date, Sigflow warrants to you (and not to any third party) that Hardware manufactured by or for Sigflow that you received from Sigflow (as opposed to from a third party) will be free from material defects in materials and workmanship conditioned on the following: (i) such Hardware has been used solely normally and in accordance with all technical specifications and/or user manuals that accompany such Hardware; and (ii) such Hardware is associated with an active, fully paid, subscription to Services purchased by you.
For any breach of this limited hardware warranty, you must contact Sigflow within one (1) calendar year from your original order date pursuant to the contact instructions set forth in Section 5.
If you submit a valid limited hardware warranty claim to Sigflow, and you follow the instructions for returning the Hardware set forth in Section 5, we will, at our option, either: (i) repair the Hardware using either new or refurbished parts; (ii) replace the Hardware with a new or refurbished Hardware; or (iii) refund the full purchase price of the Hardware, less any shipping and handling, duties and taxes that you paid with your original purchase (i.e., shipping and handling, duties and taxes are not refundable).
This limited hardware warranty does not apply to: (i) consumable parts, such as batteries, unless failure has occurred due to a defect in materials or workmanship of the Hardware itself; (ii) cosmetic damage, including, without limitation, scratches, dents and broken plastic on ports; (iii) defects or damage caused by misuse, accident (including, without limitation, collision, fire and the spillage of solids or liquids), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, testing, or improper storage; (iv) damage caused by operation outside the permitted or intended uses for the Hardware described by Sigflow; (v) damage caused by use with non-Sigflow products or services; or (vi) any software, even if packaged or sold with Hardware.
Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EC Directive 99/44. Any such rights are not affected by the warranties in this limited hardware warranty.
Terms for Personal Services Emergency Tracking Devices
If you agreed to purchase a personal emergency tracking device (a “Tracking Device”) and subscribe to an accompanying monitoring service (the “Monitoring Service”), you acknowledge and agree that the Monitoring Service is provided by a third-party operating its own call center (the “Call Center”), and that Sigflow will provide monitoring services for the Tracking Device in accordance with these Terms.
You acknowledge and agree that the Tracking Device is intended to be used only for personal emergencies and that the Call Center will have the right to notify appropriate authorities (i.e., police, fire department or other emergency personnel (each, a “Responder”)) if a signal is received from the Tracking Device. The Monitoring Service is designed to track the Tracking Device, and, therefore, if you provide the Tracking Device to another person or become separated from the Tracking Device the Monitoring Service will not be able to track your location.
THE TRACKING DEVICE AND THE MONITORING SERVICE HAVE CERTAIN LIMITATIONS. IN CONSIDERATION FOR THE PROVISION OF THE TRACKING DEVICE AND THE MONITORING SERVICE, YOU ACKNOWLEDGE AND AGREE THAT:
You hereby represent and warrant that the emergency contact information provided by you to Sigflow is accurate. To avoid false alarms, the Call Center will have the right to first call your contact telephone number to determine if an actual emergency exists before contacting any Responder. If the Call Center has reason to believe that no actual emergency exists, the Call Center will have the right to choose to not place a call to or otherwise notify any Responder. You hereby acknowledge and agree that the Call Center will have the right to rely absolutely on your statements as well as those of any Responder or any person acting on your behalf or that of any Responder.
You will: (i) test the Tracking Device in accordance with the instructions provided; (ii) use the Tracking Device carefully, so as to avoid causing false alarms; (iii) use the Tracking Device and the Monitoring Service only in accordance with these Terms and the procedures and specifications provided by Sigflow and not use the Tracking Device or the Monitoring Service for any other purpose; (iv) provide us with accurate, complete, and up to date personal information as requested by us in relation to the Tracking Device and/or Monitoring Service, and promptly notify us in writing of any changes thereto; (v) not allow any third party to use the Tracking Device unless approved by Sigflow and the Call Center; and (vi) allow us, the Call Center and/or our authorized service representatives access to the Tracking Device in order to inspect the Tracking Device, performance maintenance or repairs to the Tracking Device or remove the Tracking Device after termination or expiration of these Terms.
Terms for NIST Certification: If you are the original purchaser of Hardware manufactured by or for Sigflow that you received from Sigflow (as opposed to from a third party) and you request our assistance with NIST certification for such Hardware, we will use commercially reasonable efforts to coordinate with an accredited facility the initial NIST certification, provide you the appropriate certificates and documentation supplied by the NIST facility, and coordinate with you with respect to ongoing renewal, recertification or replacement of the NIST-certified Hardware.
Sigflow is the exclusive owner of rights and interests in and to the mark Sigflow® and Sigflow Sensors® in the United States and abroad. Other trademarks, names, and logos on or available through the Services are the property of Sigflow or their respective third-party owners. Unless otherwise specified in these Terms, all technology and intellectual property available or appearing on or through any of the Services, including, without limitation, the Sites, the Mobile Apps, information, software, documents, services, content, site design, text, graphics, logos, images, and icons, are the sole property of Sigflow or its licensors. All rights not expressly granted herein are reserved by Sigflow.
These Terms continue in effect while you access and use the Services. At any time, Sigflow may suspend or terminate your rights to access or use the Services, or terminate these Terms, if Sigflow believes that you have used the Services in violation of these Terms. Upon termination of these Terms, your right to use the Services will automatically terminate. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, governing law & jurisdiction and general provisions will survive any termination of these Terms.