Terms of Use

Vesync Terms of Use

• Last modified:  [6.30.2026]

• Effective date:  [6.30.2026]

• These Terms & Conditions, together with our Privacy Policy and any other documents that are incorporated by reference, including, but not limited to, our Return Policies, Limited Warranty Policies, and Copyright Policy (collectively, "Terms") constitute a binding agreement between you ("End User" or "you") and Vesync (US) Corporation, its parents, subsidiaries, affiliates, and related brands (collectively as “Vesync,” “we”, “our”, or  “us").  These Terms govern your use of the Vesync website "Website" which includes, but is not limited to access to products, programs, and services accessible thereon, and certain features, functionality, and content accessible on or through the Website (collectively as “Services”).

• PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE WEBSITE. BY ACCESSING OR OTHERWISE USING THE WEBSITE AND/OR CLICKING THE "AGREE" BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR PROVINCE OR TERRITORY; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS TO THE SAME EXTENT AS ANY WRITTEN AGREEMENT ON PAPER SIGNED BY YOU. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE.

Changes to the Terms

We may revise and update these Terms from time to time. Unless otherwise required by law, all changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any change to these Terms after your last usage of the Website will not be applied retroactively. Your continued use of the Website, or acceptance by clicking the “Agree” button following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If you do not agree to be bound by these Terms, do not access or use the Website and do not purchase any Vesync products or services.

Intellectual Property Rights

All content on the Website — including text, graphics, logos, icons, photographs, product images, designs, audio and video clips, software, and the selection and arrangement of the foregoing — is owned by Vesync or its licensors and is protected by copyright, trademark, and other intellectual property laws of Canada and other jurisdictions.

Vesync and the names, logos, and product designations of our products are trademarks of Vesync and its affiliates. A list of our intellectual property, including registered and unregistered trademarks, is available at our Intellectual Property page.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use. No other use is permitted without our prior written consent.

Access to the Website and Account Security

In order to access and use the Website, you may be asked to provide certain registration details or other information. You are not allowed to register on behalf of another person. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to create an account with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. Also, you are responsible for making all the arrangements necessary for you to have access to the Website.

Age Restriction

This Website is offered and available to users who have reached the age of majority in your province or territory of residence (18 in Alberta, Manitoba, Ontario, PEI, Quebec, and Saskatchewan; 19 in British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, Yukon, NWT, and Nunavut). By using this Website, you represent and warrant that you are of legal age to form a binding contract with Vesync and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. The Website is not directed to children under 13, and we do not knowingly collect personal information from children under 13. If you believe a child under 13 has provided personal information to us, please contact us at the address above and we will take steps to delete it.

Geographic Restrictions

Your access to certain Services may be restricted and may not be available to you based on your geographic locations. You acknowledge that you may not be able to access all or some of the Services that are available only outside of your geographic location and that access thereto may not be legal by certain persons or in certain countries. If you access those Services that are restricted based on your geographic locations, you are responsible for compliance with local laws. 

Use Restrictions

Your permission to use the Website is conditioned upon the following:

• You agree that you will not under any circumstances: (i) access the Website for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Website; (ii) use the Website for any unlawful purpose or for the promotion of illegal activities, collect or harvest any personal data of any user of the Website; (iii) attempt to, or harass, abuse or harm another person or group, or engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm  Vesync or users of the Website, or expose them to liability; (iv) use another user’s account without permission, intentionally allow another user to access your account, and/or provide false or inaccurate information when registering an account; (v) impersonate or attempt to impersonate Vesync, a Vesync employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); (vi) make any automated use of the Website or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; (vii) interfere or attempt to interfere with the proper functioning of the Website, bypass any measures we take to restrict access to the Website, or use any software, technology, or device to scrape, spider, or crawl the Website or harvest or manipulate data; (viii) circumvent, disable or otherwise interfere with any security-related features of the Website or features that prevent or restrict use or copying of content, or enforce limitations on use of the Website or the content accessible via the Website; (ix) and/or publish or link to malicious content of any sort (x) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Website (xi) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Website or any part thereof except and only to the extent that applicable law expressly entitles you to do so notwithstanding this limitation as long as you provide prompt notice to Vesync of such conduct and the purpose for it.

• You agree that you are solely responsible for all activity under your account.

• Your permission to use the Website terminates automatically if you breach this section and/or any of the terms and conditions herein.

Posting And Conduct Restrictions

The Website may allow you to submit product reviews, ratings, photos, or other content ("User Submission(s)"). By making a User Submission, you:

• Represent and warrant that the User Submissions you provide are your own, is accurate, reflects your honest opinion, does not infringe any third-party rights, and does not contain unlawful, defamatory, threatening, obscene, or misleading content; the posting and use of your User Submissions on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and the posting of your User Submission on the Website does not result in a breach of contract between you and a third party;

• Will disclose any material connection you have to Vesync. If you received the product free, at a discount, or in exchange for a review, or if you are an influencer, employee, contractor, family member of any of the foregoing, or otherwise have a material connection to Vesync, you must disclose that connection in your review. This is required under the Competition Act (Canada) as recently amended; reviews that misrepresent ordinary consumer experience are subject to enforcement and private rights of action;

• Grant Vesync a non-exclusive, royalty-free, irrevocable, perpetual, worldwide, sub-licensable, transferable license to host, store, reproduce, adapt, publish, translate, distribute, and display the submission in any media and for any purpose related to our business, including marketing.

• Are solely responsible for the User Submissions that you post, upload, link to or otherwise make available via the Website. Vesync is not responsible for any public display or misuse of your User Submissions.

• Will not post information that is malicious, libelous, false, or inaccurate.

• Will not promote any illegal activity, or advocate, promote, or assist any unlawful act.

• Will not cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

• Will not impersonate any person or misrepresent your identity or affiliation with any person or organization or give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

We have the right to determine whether your User Submission is appropriate and comply with these Terms, remove any and/or all of your User Submissions, deny or suspend access to your account and terminate your account with or without prior notice.

We are only acting as a passive conduit for your online distribution and publication of your User Submission. The Website does not, and cannot, pre-screen or monitor all User Submissions. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Website or with other users.

Proprietary Rights in User Submissions

Subject to these Terms, you can post your own User Submission on the Website. You retain all ownership rights in your User Submission, but you grant Vesync and its parents, subsidiaries, affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that User Submission in connection with the provision of the Website and otherwise disclose to third parties any such User Submission for any reason.

In addition to the above, you give Vesync permission to show information about your interactions with the Website, such as likes, comments, follows, check-ins, or questions, next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on the Website or in connection with Vesync products and Services. You grant the foregoing rights without any compensation to you.

If you use, post, or repost User Submission, such as images, videos, or articles, covered by our intellectual property rights, we retain all rights to our content, but not to yours.

Online Content Disclaimer

Opinions, advice, statements, offers, or other information made available through the Website, but not directly by Vesync, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

We do not guarantee the accuracy, completeness, or usefulness of any information on the Website nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any content or User Submissions that you or any other user or third party posts or sends via the Website. Under no circumstances are we responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Website or transmitted to users.

From time to time, we may share certain information on or through the Website. You agree that this information is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Vesync's Services may include events, promotions, contests, sweepstakes, and other similar campaigns (collectively as “Events”). In addition to these Terms, by participating in Vesync-hosted Events, you affirm that you have read the applicable Event terms and official rules, which are incorporated herein by reference.

Vesync’s Services may include recipes for food and meals. Please be aware that certain recipes may contain allergens such as nuts, dairy, gluten, or soy. If you have food allergies or sensitivities, exercise caution, and double-check any ingredient labels for potential allergens. If you are following a specific diet, such as vegetarian, vegan, keto, or gluten-free, make appropriate substitutions as needed. If nutritional information is provided, it is an estimate only and may not be completely accurate. Consult a healthcare professional or registered dietitian for dietary guidance. Always follow food safety guidelines when handling raw ingredients, including meats, poultry, and seafood. Ensure proper cooking temperatures to prevent foodborne illness. Always prioritize safety when working in the kitchen. Use caution when handling sharp objects, hot surfaces, and kitchen equipment. Cooking is done at your own risk. Vesync is not responsible for any accidents, injuries, or damage that may occur during or in connection with the cooking process or any results.

In addition to any other Vesync rights stated under these Terms, Vesync shall have the right to:

1) Take any action with respect to any User Submissions that we deem necessary or appropriate in our sole discretion, including if we believe that such User infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Vesync.

2) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

3) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

4) Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS VESYNC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section. If you become aware of a misuse of our Website or violation of these Terms, please contact us at notice@vesync.com.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy, which is incorporated herein  by reference, for instructions on sending us a notice of copyright infringement. It is the policy of Vesync to terminate the user accounts of repeat infringers.

Financial Incentives

Vesync may offer financial incentives through the Website. This may include but is not limited to discounts, promotions, rewards programs and/or or other financial incentives. In order to participate and become eligible for such incentives, you may need to provide the requested information, which may include but is not limited to your name, e-mail address, and phone number, and agree to additional terms.

Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

Prices and Payment Terms

Prices posted on the Website may be different than prices offered by our affiliates and retail partners. Subject to applicable law, all prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, will be shown to you before you complete your purchase and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. Subject to applicable law, we reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may offer from time to time promotions on the Website that may affect pricing and that may be governed by terms and conditions separate from these Terms. Unless otherwise stated:

• Only one promotion code may be used per order;

• Promotions cannot be combined with other offers;

• Promotions have no cash value and are non-transferable;

• Promotions are subject to expiry dates and quantity limits as stated;

• We reserve the right to cancel or modify any promotion, and to void promotion codes that we reasonably believe have been used in bad faith or in breach of these Terms.

If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

Terms of payment listed on pages may be changed from time to time, without notice, and will apply to orders placed after the updated terms are posted. Unless we agree otherwise in writing, we must receive payment before our acceptance of an order.

We accept payment by major credit cards (Visa, Mastercard, American Express), Shop Pay, Afterpay, Google Pay, and PayPal. Payment processing is handled by third-party payment processors subject to their own terms and privacy practices. We do not store full payment card numbers; payment data is tokenized and handled by our processor.

You represent and warrant that (i) the credit card or other payment method information you provide are true, correct and complete, (ii) you are duly authorized to use such credit card or other payment method for the purchase, (iii) charges incurred by you will be honored by your credit card or other payment method company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.

Shipments; Delivery; Title and Risk of Loss

 Shipping terms, including delivery timeframes, risk of loss, and lost or damaged shipments, are set out in our Shipping Policy.

Title and risk of loss pass to you upon delivery of the products to your delivery address. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Returns and Refunds

Except for any products designated on the Website as final sale or non-returnable, or products not purchased directly from us, we will accept a return of the products for a refund of your purchase price to its original form of payment, provided such return is made within 30 days of delivery with valid proof of purchase and provided such products are returned in their original condition, subject to our Return Policy. For information on our return policy, please see Return Policy, which is incorporated herein by reference.

For defective returns, please refer to the manufacturer's warranty included with the product or as detailed in the product's description on the Website.

Compatibility

You acknowledge that in the event the products you are purchasing include compatibility functionality with any equipment in your home, you have verified the compatibility of such products with the equipment in your home. You are solely responsible for determining the compatibility of the products with other equipment in your home, and you accept that lack of compatibility is not a valid claim under the warranty provided with your products and does not otherwise constitute a basis for receiving a refund after the 30-day refund policy described above. 

Pre-Orders

Products available for pre-order are not offered for sale by Vesync. Your placement of a pre-order does not create a contract for sale. By placing a pre-order for a product that is not yet available for sale, you make an offer and pre-payment to Vesync to purchase the product subject to these Terms. You may cancel your offer to purchase products at any time prior to shipment and Vesync will refund your purchase price without any interest. When the product is offered for sale, Vesync may, in its sole discretion, accept your offer to purchase products subject to these Terms. Vesync may obtain an additional authorization from your payment card Vesync to confirm necessary funds are available to purchase the products requested. Subject to applicable law, Vesync reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.

Warranty Policy

The availability of products or services through our Website does not indicate an affiliation with or endorsement of any product, service or manufacturer. The products offered on the Website are covered by the corresponding Limited Warranty Policy.

Goods Not for Resale or Export

You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You may not resell any of these products, whether in bulk, on any online marketplaces, to B2B accounts, wholesalers, or freight forwarders/drop-shippers, or otherwise. You may not market, resell, distribute, or use products or Services other than as expressly permitted in these Terms. You further represent and warrant that all purchases are intended for final delivery to locations within Canada.

Product Safety, Recalls, and Incident Reporting

If we issue a safety recall or safety notice for any product, we will publish it on the Website and (if you have registered the product or have an account) send a notice to your email on file. You agree to cooperate with reasonable recall instructions, including discontinuing use and returning the product, where requested. You will not be charged for any cost of complying with a recall.

If you experience an incident involving any of our products that resulted in, or could reasonably have resulted in, serious injury (including death), or if you discover a defect or hazard that could reasonably be expected to result in serious injury, please report it to us promptly at https://levoitca.co/pages/contact . We take all such reports seriously and are required to report qualifying incidents to Health Canada under the Canada Consumer Product Safety Act.

Third-Party Materials

The Website may display, include, and make available content from other third parties (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). YOU ACKNOWLEDGE AND AGREE THAT VESYNC IS NOT RESPONSIBLE FOR THIRD-PARTY MATERIALS, INCLUDING THEIR ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, QUALITY, OR ANY OTHER ASPECT THEREOF. VESYNC DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY THIRD-PARTY MATERIALS. YOU ACCESS AND USE THIRD PARTY MATERIALS ENTIRELY AT YOUR OWN RISK AND SUBJECT TO SUCH THIRD PARTIES' TERMS AND CONDITIONS.

Third Party Services 

If you use a Third Party Service ("Third Party Service" means any service or application provided by a third party that we make available to you for use on or through the Website), we may exchange related information with that service, such as the content of your requests. Your use of any Third Party Service is subject to these Terms and any third party terms applicable to such Third Party Service. Certain third party terms may be found in the Legal Notices section of the Website or may be linked from the Website and may be updated from time to time. If you do not accept the third party terms applicable to a Third Party Service, do not use that Third Party Service. Publishers of Third Party Services may change or discontinue the functionality or features of their Third Party Service. When using a Third Party Service, you are responsible for any information you provide to the third party. Vesync has no responsibility or liability for Third Party Services.

Updates

Vesync may from time to time in its sole discretion develop and provide Website updates and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Vesync has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

You further agree that all Updates are deemed part of the Website and are subject to all terms and conditions of these Terms. 

Termination

Vesync reserves the right, without notice, to terminate your account and/or your use of the Website and to block or prevent future access to and use of the Website (i) if you violate any of these Terms & Conditions, (ii) for any other reason or no reason. Upon any such termination, your right to use the Website will immediately cease. Upon termination:

• all rights granted to you under these Terms will also terminate;

• you must cease all use of the Website; and

• all provisions of these Terms & Conditions which by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.

Termination does not limit any of Vesync's rights or remedies at law or in equity.

Disclaimer of Warranties

Except as required by applicable Canadian consumer protection laws, the Website and Services are provided “as is”. Vesync does not guarantee that the Website or Services will operate without interruption or error. Nothing in these Terms limits any statutory warranties, rights, or remedies that you may have under the consumer protection laws of your province or territory, including any implied warranties of acceptable quality, fitness for a particular purpose, or durability.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VESYNC OR ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, MANAGERS, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, ANY WEBSITES OR APPLICATIONS LINKED TO ANY OF THEM, ANY CONTENT ON THE WEBSITE INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OR DAMAGES TO PROPERTY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTIONS, OR COMPUTER OR DEVICE FAILURE OR MALFUNCTION, AND WHETHER CAUSED BY BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR VESYNC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.  

If you have a dispute with a third-party that you interacted with through the Website, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, in any way connected with such disputes.

EACH PROVISION UNDER THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS BETWEEN YOU AND VESYNC UNDER THOSE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND VESYNC. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

Indemnification

You agree to defend, indemnify, and hold harmless Vesync, its parents, subsidiaries, affiliates, and its and their directors, shareholders, managers, officers, employees, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your User Submissions, any use of the Website content, services, and products other than as expressly authorized in these Terms, or your  violation of applicable law.

Privacy

You acknowledge that when you use or visit the Website, or make a purchase through the Website or the Service, Vesync may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Website. All information we collect through or in connection with the Website or the Service is subject to our Privacy Policy, which is incorporated by reference herein. By accessing, using, and providing information to or through the Website or by using the Service, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

Force Majeure

We are not liable or responsible, nor shall we be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, hurricane, tsunami, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or Internet or telecommunication breakdowns or power outages.

Dispute Resolution

To the extent permitted by applicable Canadian law, disputes may be resolved by binding arbitration administered under the rules of the ADR Institute of Canada. Arbitration shall occur in the province or territory where the consumer resides. For Québec consumers: Arbitration is voluntary and may not be mandated. Québec residents retain the right to bring disputes before the courts of Québec. Nothing in this section prevents consumers from bringing complaints to provincial consumer protection authorities. Nothing in this section precludes either party from bringing an individual claim in the provincial small claims court with jurisdiction over the matter or from seeking injunctive or other equitable relief, including for alleged infringement of intellectual property rights.

Pre-Arbitration: Before initiating arbitration (if the parties mutually agree to arbitrate), the parties will attempt in good faith to resolve the dispute through informal negotiations. The complaining party will provide written notice describing the claim and the relief sought, and the parties will attempt to resolve the matter within sixty (60) days of receipt of the notice. This informal resolution process applies only to voluntary arbitration and does not limit or delay your right to bring a claim before the courts of your province or territory.

Limitation on Time to File Claim

ALL CLAIMS WILL BE GOVERNED BY THE STATUTORY LIMITATION PERIODS OF THE PROVINCE OR TERRITORY WHERE YOU RESIDE.

Assignment

You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

No Third Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

User Consent To Receive Communications In Electronic Form

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address to send you other messages, including information about the Website or the Service and special offers, and you may opt out of such email by changing your account settings or using the “Unsubscribe” link in the message. Opting out may prevent you from receiving messages regarding the Website, the Service or special offers.

Notices

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide; (ii) sending a letter to the address you provide; (iii) phone calls and/or (iv) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to us at notice@vesync.com; and (ii) by personal delivery, overnight courier or registered or certified mail to Postal Address: 1775 Flight Way Suite 150, Tustin, CA 92782, USA. We may update the email or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Severability

If any provision of these Terms is illegal, invalid, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed, and all other remaining provisions of these Terms will continue in full force and effect.

Governing Law

Except where prohibited by applicable provincial law, all matters relating to your access to or use of the Website and all matters arising out of or related to these Terms, will be governed by and construed in accordance with the laws of the province or territory in which you reside in Canada, and the federal laws of Canada applicable therein. For Québec residents, the laws of the Province of Québec apply. Any legal proceedings must be brought in the courts of the consumer’s province or territory of residence.

Entire Agreement

These Terms constitute the entire agreement between you and Vesync with respect to the Website, Services, and purchase transactions made using the Website.

Waiver

No failure to exercise, and no delay in exercising, by Vesync, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

Precedence Over Other Documents

In the event of a conflict with these Terms & Conditions, the policies incorporated herein, and any applicable purchase order, sales acknowledgment, confirmation, or any other document issued by either party in connection with the purchase or sale of products or services using the Website, the order of precedence is as follows: (1) Terms & Conditions; (2) the incorporated policies; (3) any applicable purchase order, sales acknowledgment, confirmation, or other document issued by Vesync.

Your Comments and Concerns

This Website is operated by Vesync (US) Corporation and its affiliates, located at 1775 Flight Way Suite 150, Tustin, CA 92782, USA.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to Help Center within the Website or to the email addresses as follows:

Levoit: https://levoitca.co/pages/contact