TERMS OF SERVICE &
END USER LICENSE AGREEMENT
Last updated: March 11, 2020
Starling Home Hub (hereinafter: Product) is licensed to You (End User) by Starling LLC, located at PO Box 370365, Montara, California 94037, United States (hereinafter: Licensor), for use only under the terms of this License Agreement.
By using the Product, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple, Nest and Google are not Parties to this License Agreement and are not bound by any provisions or obligations with regard to the Product, such as warranty, liability, maintenance and support thereof. Starling LLC, not Apple, Nest or Google, is solely responsible for the licensed Product and the content thereof.
All rights not expressly granted to You are reserved.
1. THE PRODUCT
Product is a piece of hardware with integrated software created to facilitate integration of Nest devices with Apple HomeKit. It is used to enable control and monitoring of Nest devices from Apple Home and HomeKit-compliant applications.
The Product is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Product. You may not use the Product in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 This license will also govern any hardware or software updates to the Product provided by Licensor that replace, repair, and/or supplement the first Product hardware or software, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.2 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Product, or any part thereof (except with Starling LLC's prior written consent).
2.3 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.4 Licensor reserves the right to modify the terms and conditions of licensing.
2.5 Nothing in this license should be interpreted to restrict third-party terms. When using the Product, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 You acknowledge that it is Your responsibility to confirm and determine that Nest or other devices with which You intend to use the Product satisfy any technical requirements disclosed on Licensor's website.
3.2 Licensor will make reasonable commercial efforts to keep the Product updated so that it continues to operate as Nest product firmware, hardware and cloud services are updated. Licensor, however, does not warrant the Product against failure to operate due to factors outside Licensor's control, including but not limited to updates to Nest product firmware, hardware or cloud services.
3.3 Licensor reserves the right to modify the technical requirements as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Product. You can reach the Licensor at the email address listed on Licensor's website.
4.2 Starling LLC and the End-User acknowledge that Apple, Nest and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Product.
5. USE OF DATA
6.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
6.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement.
7.1 Licensor warrants that the Product is free of spyware, trojan horses, viruses, or any other malware at the time of Your purchase. Licensor warrants that the Product works as described in the user documentation.
7.2 No warranty is provided for the Product if it has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Starling LLC's sphere of influence that affect the functionality of the Product, including but not limited to updates to Nest product firmware, hardware or cloud services.
7.3 You are required to inspect the Product immediately after installing it and notify Starling LLC about issues discovered without delay by e-mail. The defect report will be taken into consideration and further investigated if it has been mailed as soon as practicable after discovery. Starling LLC warrants the Product against failures caused by hardware manufacturing defects for a period of twelve (12) months after purchase.
7.4 If we confirm that the Product has failed due to a hardware manufacturing defect, Starling LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
8. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is 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.
9. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Product, please contact:
Adrian Cable, Starling LLC
PO Box 370365
Montara, CA 94037
The license is valid until terminated by Starling LLC or by You. Your rights under this license will terminate automatically and without notice from Starling LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Product.
11. APPLICABLE LAW
This license agreement is governed by the laws of the State of California excluding its conflicts of law rules.
12.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
12.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.