END-USER LICENSE AGREEMENT FOR SHARKNINJA SOFTWARE
END-USER LICENSE AGREEMENT FOR SHARKNINJA SOFTWARE
IMPORTANT: PLEASE READ THIS NOTICE CAREFULLY BEFORE USING THIS PRODUCT: This End-User License Agreement (“EULA”) is a legally binding agreement between you (“You” or “Your”) and SharkNinja Operating LLC (“SharkNinja”, “We” or “Us”) of 89 A Street, Suite 100, Needham, Massachusetts, 02494, USA. This EULA sets out the terms on which We licence You to use the software installed on Your Shark Robot vacuum cleaner and other SharkNinja products and applies to the SharkClean mobile app (together the “SN Software”). When You register for an account on the SharkClean mobile app for the first time You will be asked to “Accept” this EULA which will create a binding legal agreement. You can only enter into this EULA if You are over 18 years old and have the legal capacity to enter into a contract with Us. As a consumer, You have a number of rights in relation to SN Software if it is defective or non-conforming. Nothing in this EULA will affect Your rights as a consumer. If You do not agree to the terms of this EULA, do not use the SharkNinja product or download the SharkClean mobile app. You can receive a refund by returning the unused SharkNinja product in its original packaging with all accompanying documentation to the retailer where You obtained the SharkNinja product or directly to Us at the address above in accordance with the relevant returns policies and process.1. GRANT OF LICENSE. The SN Software is licensed as follows:
- Installation and Use. You may use the SN Software to use the SharkNinja products with which the SN Software is designed to operate (“SN Devices”), the data supplied with the SN Software and any content generated by Your use of the SN Software in accordance with the terms of this EULA. Please visit Our websites (as listed in the table below) for more information on which SharkNinja products are SN Devices. You are also permitted to use any documentation to support Your permitted use of the SN Software.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- The SN Software and the SN Device have not been developed to meet Your individual requirements. Please check that the facilities and functions of the SN Software and the SN Devices meet Your requirements.
- Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any and all copies of the SN Software.
- You may not distribute copies of the SN Software to third parties.
- Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble SN Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding any limitation in this EULA.
- You may not rent, lease, sub-license, lend or otherwise provide the SN Software to any other person without written permission from SharkNinja, other than as part of the transfer of the SN Device on which the SN Software are present.
- NOT FOR RESALE Software. Applications identified as “Not for Resale” or “NFR” are for test or sample products and may not be resold, transferred, or used for any purpose other than demonstration, test, or evaluation.
- Compliance with Applicable Laws. You must comply with all applicable laws regarding use of SN Software.
- Compliance with app store terms. The ways in which You can use the SharkClean mobile app and the accompanying documentation may also be controlled by the rules and policies of the app store through which You downloaded the SharkClean mobile app. If there is any difference between the app store terms and this EULA, the EULA will apply to the extent of the inconsistency.
- If You download the SharkClean mobile app onto any phone or other device not owned by You, You must have the owner’s permission to do so. You will responsible for complying with this EULA, whether or not You own the phone or other device.
- You may not copy all or any part of the SN Software other than as part of the normal use of the SN Software or where it is necessary for the purpose of back-up or operational security.
- You may not modify, adapt, translate, or create derivative works based on, or decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code or underlying algorithms of all or any part of the SN Software, except as necessary to use the SN Software as permitted by these terms.
- You must not use the SN Software to attempt to gain unauthorised access to or use of the systems/services of SharkNinja or SharkNinja’s other licensors, or to transmit any malware such as viruses into the systems or services of SharkNinja or SharkNinja’s licensors.
- You must not use the SN Software to interfere with, breach, or circumvent any security feature, authentication feature, or any other feature that restricts or enforces limitations on the use of, or access to, the systems or services of SharkNinja or SharkNinja’s licensors.
- You must not probe, attack, scan, or test the vulnerability of the systems or services of SharkNinja or SharkNinja’s licensors.
- You are responsible for ensuring that You have a reliable connection to the internet and that Your mobile device meets the specifications listed in the relevant app store for the SharkClean mobile app.
3. UPDATES. SharkNinja may provide You with upgrades or updates to SN Software which You are entitled to use. This EULA also applies to those upgrades or updates, unless such upgrade or update is accompanied by a separate EULA, in which case the terms of that EULA will apply. Upgrades and updates are often provided to improve the functioning of the relevant products. If You decide not to download and use an upgrade or update provided by SharkNinja, You will be responsible for any loss or damage You suffer as a result. If You choose not to install such upgrades or updates or if You opt out of automatic updates You may not be able to continue using the SN Software.
4. DATA AND PRIVACY. We are committed to keeping our consumers informed about how We use the information We gather from You when You use our SN Software. We only use the personal data We collect through Your use of SN Software or SN Devices as described in SharkNinja’s Privacy Notice, [Privacy Notice]. SharkNinja’s Privacy Notice also describes who We are, how We process Your personal data, for what purposes and Your rights in relation to Your personal data and how to exercise them. We will also provide You specific notices as required when an application, product, or service is purchased or downloaded. At all times Your information will be treated in accordance with applicable data protection laws.
Please be aware that internet transmissions are never completely private or secure and that any messages or information You send using the SN Software may be read or intercepted by others, even if they have been encrypted.5. TERMINATION AND WITHDRAWAL. Right to change Your mind. If you are based in Europe, You have a legal right to change Your mind within 14 days but You agree and acknowledge that You waive this right to change Your mind when You start downloading or using the SN Software for the first time, whichever is sooner. Notwithstanding Your waiver of this legal right, We will allow You to terminate this EULA as set out below.
Where this EULA applies to software installed on Your Shark Robot vacuum cleaner and other SharkNinja products. In addition to any other rights, We may terminate this EULA if You fail to comply with the terms and conditions of this EULA.
You are entitled to terminate this EULA at any time by following the process to return the SN Device in appropriate packaging with all accompanying documentation to the retailer where You obtained the SN Device or directly to Us at the address above in accordance with the relevant returns process.
In these instances, You can continue to use the SN Device without the functionality provided by the SN Software.
Where this EULA applies to the SharkClean mobile app. In addition to any other rights, SharkNinja may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must uninstall the SN Software from Your mobile device or other device and destroy all copies of SN Software in Your possession.
You are entitled to terminate this EULA at any time by uninstalling the SN Software on Your mobile device or other devices and destroying all copies of the SN Software in Your possession.
In these instances, You can continue to use the SN Device without the functionality provided by the SN Software
6. COPYRIGHT. All copyright and other intellectual property rights, in the SN Software and the documentation are owned by SharkNinja or its licensors. You have no intellectual property rights in, or to, the SN Software or documentation other than the right to use them in accordance with this EULA and the accompanying documentation. You may use functionality in the SN Software to produce content such as the map of the cleaning area and the cleaning schedule for Your SharkNinja product. All intellectual property rights in this content which may be created or accessed through use of the SN Software are the property of SharkNinja and You have no intellectual property rights in, or to, the content other than the right to use them as part of Your use of the SN Software.
The SharkClean mobile app may contain links to other independent websites which are not provided by Us. Such independent sites are not under Our control, and We are not responsible for and have not checked and approved their content or their privacy notices (if any). You will need to make Your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
7. RESPONSIBILITY FOR LOSS OR DAMAGE.
We are responsible to You for foreseeable loss and damage caused by Us. If We fail to comply with these terms, We are responsible for loss or damage You suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time You received these terms, both We and You knew it might happen. However, We will not be liable for damage that You could have avoided by following our advice to apply an update offered to You free of charge.
We do not exclude or limit in any way our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of Our employees, agents or subcontractors or for fraud or fraudulent misrepresentation or in relation to Our liability under applicable consumer protection laws or guarantees which apply to You.
When We are liable for damage to Your SN Device or mobile device. If the SN Software damages the SN Device or, in the case of the SharkClean mobile app the device on which You download the SharkClean mobile app or any digital content stored on that device, We will either repair the damage or pay You compensation. However, We will not be liable for damage that You could have avoided by following our advice to apply an update offered to You free of charge.
We are not liable for business losses. The SN Software and SN Device is for domestic and private use only. If You use the SN Software for any commercial or business purpose, We will have no liability to You for any loss of profit, loss of business, loss of revenue, business interruption, or loss of business opportunity.
We are not responsible for events outside our control (force majeure). If our provision or support for the SN Software or the SN Device is compromised by an event outside our control then We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for loss or damage caused by the event.
8. TRADE LAW. SN Software, SN Devices and related technology are subject to US trade control laws and export/import regulations in other countries. You agree to comply with international trade laws.
9. APPLICABLE LAW. THIS EULA IS GOVERNED BY ENGLISH LAW AND YOU CAN BRING LEGAL PROCEEDINGS IN RESPECT OF THE SN SOFTWARE IN THE ENGLISH COURTS. If You live in Scotland You can bring legal proceedings in respect of the products in either the Scottish or the English courts. If You live in Northern Ireland You can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. Each of the paragraphs of this EULA operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. The English language version of this EULA shall take precedence in all respects and shall prevail in the case of any inconsistencies with translated versions, if any.
10. Alternative Dispute Resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without You having to go to court. If You are based in Europe, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution If You are in the UK, You may want to contact the alternative dispute resolution provider We use. You can also submit a complaint to Citizens Advice via their website at www.citizensadvice.org.uk. Citizens Advice will not charge You for making a complaint and if You are not satisfied with the outcome You can still bring legal proceedings.
11. ASSIGNMENT. We may transfer our rights and obligations under this EULA to another organisation, provided that, We will always ensure that the transfer will not affect Your rights and, if We have Your email address, You are notified of the transfer in writing.
12. CHANGES TO THIS EULA. We may need to change these terms to reflect changes in law or best practice or to deal with additional features We introduce. We will give You at least 30 days’ notice of any change by email (if We have Your email address) or by notifying You of a change when You next log in to Your account.
If You do not accept the notified changes We have the right to terminate this EULA and You will then not be permitted to continue to use the SN Software.
13. CONTACT US. If You have questions regarding this EULA or if You think the SN Software is faulty or misdescribed, please contact Us using the following contact details:
If You are based in UK:
SharkNinja Europe Ltd
3150 Century Way, Thorpe Park, Leeds, West Yorkshire, LS15 8ZB
Tel. +44 (0) 800 862 0453
Email address: Privacy-UK@sharkninja.com
VAT Registered: GB210624850
14. COUNTRY SPECIFIC TERMS. This table sets forth specific provisions that are applicable to the SN Software when You are based in the country specified below. Notwithstanding anything to the contrary, this EULA will be subject to any country specific terms listed below and which will supersede any conflicting provisions anywhere in the EULA: