Agreement to Terms

These Terms of Service (Terms) govern your access to and use of the Smart Home Innovation Services provided by Next Gen Gadgetry, Inc. (the Company) through the site nextgengadgetry.com (the Site). By accessing or using the Site or Services, you agree to be bound by these Terms and by the privacy policy and any applicable policies. If you do not agree to these Terms, you must not use the Site or Services.

The Company may modify these Terms from time to time. The date at the top indicates the last update. Your continued use after changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services.

The Services include smart home hardware, software, mobile applications, cloud services, updates, and support. We may offer third party integrations or devices. You acknowledge that these may have separate terms.

Acceptance of Terms

By accessing or using the Site or Services, you represent that you are at least the age of majority in your jurisdiction and have the legal capacity to form binding contracts. If you are using the Site or Services on behalf of a business, you represent that you are authorized to bind that business to these Terms.

Changes to Terms

We may update these Terms from time to time. We will provide notice via the Site or the contact information on file. Your continued use after the changes constitutes acceptance of the updated Terms. If you do not agree to the updates, stop using the Services.

Intellectual Property Rights

Ownership

The Site and the Services, including all software, code, content, designs, logos, and branding, are owned by the Company or its licensors. All rights not granted to you are reserved by the Company or its licensors.

License Grant

The Company grants you a limited, non exclusive, non transferable license to access and use the Site and the Services for your personal or internal business purposes, in accordance with these Terms. This license does not permit you to copy, modify, distribute, or create derivative works except as expressly permitted by the Company.

Restrictions

You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software provided by the Company. You may not remove, obscure, or alter any proprietary notices. You may not use the Site or Services in any manner that infringes the rights of others or violates applicable law.

Trademarks

All trademarks, service marks, logos, and branding on the Site are the property of the Company or its licensors and may not be used without prior written consent.

User Restrictions and Acceptable Use

Prohibited Activities

You agree not to use the Site or Services to engage in any activity that is unlawful, fraudulent, or harmful. Prohibited activities include unauthorized access or hacking, disrupting or interfering with the Site or Services, transmission of malware, spreading spam, collection of personal data of others without consent, impersonation, or violation of third party rights.

Security and Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must promptly notify the Company of any security breach or unauthorized use. The Company reserves the right to suspend or terminate accounts that violate these Terms or pose a risk to others.

Acceptable Use of Data and Devices

You must use the Services in accordance with applicable laws and regulations. If you integrate third party devices or services with the Company’s Smart Home platform, you remain responsible for ensuring compliance with the terms of those third parties and for maintaining the security of your own network.

Content and Data Ownership

Content you upload or generate using the Services remains yours, subject to the license you grant to the Company to operate and improve the Services. By using the Services you grant the Company a worldwide, non exclusive, royalty free license to store, reproduce, and display your content as necessary to provide the Services.

Limitation of Liability

Cap on Damages

To the maximum extent permitted by law, the Company and its affiliates, officers, directors, employees, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to these Terms or the use of the Site or Services, including loss of profits, data, or goodwill.

Direct Damages

The Companys total liability for direct damages shall not exceed the lesser of (a) the amount paid by you for the specific Services giving rise to the claim in the twelve months preceding the event giving rise to liability, or (b) fifty thousand US dollars.

Exclusions

Some jurisdictions do not allow certain limitations of liability. In such jurisdictions, the limitations above may not apply to you, and liability will be limited to the greatest extent permitted by law.

Disclaimers

No Warranties

The Site and Services are provided on an as is and as available basis. The Company disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, non infringement, and quiet enjoyment to the extent permitted by law.

Reliability and Availability

The Company does not warrant that the Site or Services will be available uninterrupted, error free, or secure. The Company may experience downtime and may suspend access to the Site or Services for maintenance, updates, or other operational reasons.

Third Party Content and Services

The Company may rely on third party providers for certain components of the Services. The Company does not guarantee the accuracy, completeness, or timeliness of third party content and is not responsible for the actions or omissions of third parties.

No Professional Advice

The information provided through the Site or Services is for general informational purposes and should not be construed as professional legal, financial, or technical advice.

Governing Law and Jurisdiction

Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to its conflict of laws provisions.

Jurisdiction

You and the Company agree to submit to the exclusive personal jurisdiction of the courts located in San Francisco, California, for any disputes arising out of or relating to these Terms or the Services, to the extent not resolved through applicable arbitration. The Company reserves the right to seek equitable relief in any court of competent jurisdiction for violations of its intellectual property rights or for breaches of these Terms.

Arbitration (optional)

If you prefer, you may opt for binding arbitration for disputes, in accordance with applicable arbitration rules, rather than filing a court action, provided such arbitration is available in your jurisdiction.

Changes to Terms

We may update these Terms from time to time. If we make material changes, we will provide notice via the Site or other reasonable means. Your continued use of the Site or Services after the updated Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services.

Contact Information

For questions about these Terms, please contact the Company using the information below.

Next Gen Gadgetry, Inc. Suite 210, 300 Townsend Street San Francisco, CA 94107 United States Email: contact@nextgengadgetry.com Phone: +1 415-320-8567