Your contact information will not be shared or distributed to any 3rd parties and will only be used to contact you about Space Monkey.
As one of our first 100 customers, we are pleased to offer you a low introductory price of $3.00 / TB / Month (reduced from our standard rate of $3.50 / TB / month). This discount will apply for the entire duration of the beta. Complete pricing details are below:
Upon receipt of your terms and conditions form, we will send you a zip file containing everything you need to upload your data to Space Monkey's encrypted cloud. The zip file will include credentials to access the network, a server binary that will enable you to use the network, and instructional documentation.
By using or accessing the services, the user acknowledges that they are aware that Space Monkey is in its BETA phase, as such Space Monkey is free to cancel or terminate its services at any time without penalty or liability of any kind.
1.1 User Content. Our Service includes features that enable eligible users to upload, store, make public, share, and download materials made available by users of the Service. These materials may be files of any kind, including messages, reviews, photos, videos, images, folders, data, text, and other types of files (collectively, “User Content”). YOU RETAIN COPYRIGHT AND OTHER PROPRIETARY RIGHTS THAT YOU MAY HOLD IN USER CONTENT THAT YOU UPLOAD.
1.2 Eligibility. You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (a) that you are at least 18 years of age; (b) that you have not previously been suspended or removed from the Service; and (c) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity, organization, or company to these Terms and you agree to be bound by these Terms on behalf of that entity, organization, or company.
1.3 Data location. Our service leverages multiple geographies to ensure data security and protection. As a user, you are fully aware that your data will be stored in accordance with Space Monkey’s operational protocols and your data will be housed across multiple Space Monkey devices. Space Monkey may process and store your data anywhere, and the user consents to this process of storing their data under this agreement. The user acknowledges that it is their personal (or if they are operating on behalf of an organization, company, group, or association) responsibility to ensure they are in full compliance with laws and regulations concerning the geographical storage of their data.
During the Term (as set forth on the Order Form), we grant you a personal, limited, revocable, non-transferable license to use the Service. Any software that updates, supplements or replaces the software or the firmware on or provided is governed by these Terms unless separate license terms accompany such update, supplement or replacement, in which case such separate terms will govern in the event of a conflict with these Terms or as otherwise provided in such separate terms. We reserve all rights not expressly granted to you in these Terms. In the event of misuse of the Service, we will have the right to terminate these Terms at any time and in our sole discretion upon written notice to you (of which email will suffice) and, upon such revocation by us, you will immediately cease the use of the Software.
2.2 Sharing of User Content. We may offer features that enable you to make User Content available to others (whether publicly or to a specified group). We do not have the ability to control what any third party may do with User Content and we are not responsible for those actions. Once User Content has been shared, those with access to it may be able to reshare, publish, re-use, modify, or otherwise exploit User Content, so please carefully consider what you choose to share before you share it. While our Service may include sharing features, we may place limits on the volume and speed at which materials are available, we may temporarily disable or limit sharing in order to protect the health of the Service, and in many cases the availability of your User Content will depend on the speed and capacity of the Internet connection that is connected to the Device associated with your account.
2.3 User Content Representations and Warranties. You are solely responsible for the files you upload to Space Monkey and assume all risks associated with them, including intellectual property or other legal claims. By storing files with Space Monkey, you represent that you have the necessary rights to that material, and that doing so doesn't conflict with any licenses you've granted to others. You affirm, represent, and warrant that:
2.3.1 you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Space Monkey and others, as described in this Section 2, to exercise the rights and permissions granted by you in this Section 2; and
2.3.2 your User Content, and the use thereof as contemplated herein, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) slander, defame, or libel any third-party.
2.4 You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Space Monkey with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. We reserve the right to remove files you store with Space Monkey for any reason (such as copyright infringement, we learn the material is patently unlawful, etc.). We assume no liability for any content that you or anyone else stores with Space Monkey.
Space Monkey, 3401 Ashton Blvd, Lehi, UT 84043 E-mail: firstname.lastname@example.org. Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
3.2.1 an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
3.2.2 a description of the copyrighted work or other intellectual property that you claim has been infringed;
3.2.3 a description of the material that you claim is infringing and where it is located on the Service;
3.2.4 your address, telephone number, and email address;
3.2.5 a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
3.2.6 a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
3.3 Repeat Infringers. Space Monkey will promptly terminate without notice the accounts of users that are determined by Space Monkey to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice.
Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
4.1 use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
4.2 violate the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
4.3 interfere with security-related features of the Service, including without limitation by: (a) disabling or circumventing features that prevent or limit use or copying of any content, (b) monitoring, recording, or analyzing any network communications in connection with the Service including any communications to or from a Device, or (c) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity cannot be restricted under applicable law or Third Party Terms;
4.4 post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
4.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by: (a) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (b) making unsolicited offers or advertisements to other users of the Service, (c) collecting personal information about users or third parties without their consent, or (d) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures for those networks, equipment, or servers;
4.6 perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
4.7 sell or otherwise transfer the access granted herein or any materials associated or any right or ability to view, access, or use any materials
4.8 attempt to do any of the foregoing in this Section 4, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section 4.
You can report alleged copyright infringement by emailing the above information to email@example.com. You can also mail a copy to Space Monkey at 3401 Ashton Blvd, Lehi, UT 84043.
Our response to notices of alleged copyright infringement may include removing or restricting access to allegedly infringing material. If we remove or restrict access to content in response to a copyright notice, we’ll make a good-faith effort to get in touch with the affected account holder to provide information about the situation, including a copy of the takedown notice and instructions for filing a counter notification.
Third-Party Services and Linked Websites. Space Monkey may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Space Monkey with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Those third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Those linked websites are not under our control, and we are not responsible for their content.
SOME JURISDICTIONS MAY PROHIBIT SOME DISCLAIMERS OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT WILL THE SPACE MONKEY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE SPACE MONKEY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ARE AWARE AND CONFIRM THAT YOU ARE SOLELY RESPONSIBLE FOR SECURING AND BACKING UP YOUR APPLICATION, PROJECT, AND DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The Service may be subject to U.S. export and reexport control laws and regulations, including the Export Administration Regulations (EAR) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (OFAC), and the International Traffic in Arms Regulations (ITAR) maintained by the Department of State. Additionally, Service, Software, and Device may be subject to foreign export controls. You agree to comply with all applicable export and reexport control laws and regulations, including both U.S. and foreign controls. Specifically, you warrant that you are: (a) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (b) not a denied party as specified in the regulations listed above. You also covenant that you will not, directly or indirectly, sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Space Monkey to any destination, entity, or person prohibited by the laws or regulations of the United States or any other country from which the product is exported, without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
Notwithstanding subsection the above clause, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to: (a) bring an individual action in small claims court; (b) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address intellectual property infringement claims.
Any arbitration between you and Space Monkey will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Space Monkey.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“Notice”). Space Monkey’s address for Notice is: Space Monkey, 3401 Ashton Blvd, Lehi, UT 84043. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Space Monkey may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Space Monkey will not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, Space Monkey will pay you (I) the amount awarded by the arbitrator, if any, (II) the last written settlement amount offered by Space Monkey in settlement of the dispute prior to the arbitrator’s award; or (III) $1,000.00, whichever is greater.
If you commence arbitration in accordance with these Terms, Space Monkey will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Salt Lake County, Utah, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephonic hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Space Monkey for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
YOU OR THE ORGANIZATION / COMPANY YOU REPRESENT AND SPACE MONKEY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Space Monkey agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If Space Monkey makes any future change to this arbitration provision (other than a change to Space Monkey’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Space Monkey’s address for Notice, in which case your account with Space Monkey will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
If the above sections are found to be unenforceable or if the entirety of this section is found to be unenforceable, then the entirety of this section will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described above will govern any action arising out of or related to these Terms.
Notices. Except as specified otherwise in these Terms, all notices to Space Monkey must be sent to Space Monkey, 3401 Ashton Blvd, Lehi, UT 84043 by certified by, and will be deemed given upon receipt by Space Monkey. All notices by Space Monkey to you will be sent to the email address you have made available to Space Monkey, and will be deemed given on the day sent.
Contact Information. The Service is offered by Space Monkey, located at 3401 Ashton Blvd, Lehi, UT 84043. You may contact us by sending correspondence to the foregoing address or by emailing us at firstname.lastname@example.org. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.
When you create a Space Monkey account, we may ask you for your email address and a password or an alternative authentication method including but not limited to Facebook login, Google account login, or github login (additional methods will continue to be added). We may also ask for your phone number for purposes such as two-factor verification and sending you service alerts. If you choose to sign up for one of our services, we'll ask you for billing information. If you order a physical item from us we'll ask for shipping information. At times we may ask for other information such as your name or your company name.
Our service automatically backs up your files to Space Monkey, and allows you to upload your files to our service. Please keep in mind that your files may include personally identifiable information, both in the contents of a file and in metadata.
We receive some information automatically when you use the Space Monkey product. This includes data about your Internet Protocol address, and the date and time of each request you make to Space Monkey.
You may choose to provide us with personal information when you call us, email us, chat with us, answer a survey, comment on our blog, or interact with us through other services like Twitter or Facebook.
We may collect additional information about you from third parties to help us figure out how to better serve you.
We use your personal information to keep Space Monkey running, understand how you use our service, customize your experience, prevent abuse, provide customer support, sell and market our products, and improve Space Monkey. We use your information internally only as needed to accomplish these goals.
We will share your personally identifiable information only in the limited circumstances below. Space Monkey does not sell your information or share it with third-party advertisers.
We may share your information with your consent, after letting you know what information will be shared and with whom.
We may disclose your information if we believe it is reasonably necessary to comply with a law, regulation, or valid legal process. If we are going to release your information, our policy is to provide you with notice unless we are prohibited from doing so by law or court order (e.g., an order under 18 U.S.C. § 2705(b)). We may disclose your information without providing you with prior notice if we believe it's necessary to prevent imminent and serious bodily harm to a person. Nothing in this policy is intended to limit any legal objections or defenses you might have to demands to compel disclosure of your information, including demands from the government.
If you use our services as part of a business, group, or organization where Space Monkey was set up by an administrator, the administrator may be able to access and control your account. Refer to your organization's internal policies for more information.
If you are a Cloud Storage user, you may give third parties the ability to access information and content in your account (e.g., through APIs). When other services access and use your information, their conduct is governed by their own terms and policies.
When you use Cloud Storage, your settings give you the option to make information and content available to other people.. And when you post comments on our blog, of course, other people can read them.
We may disclose aggregate, non-identifying information about how our users use Space Monkey products.
Some browsers make it possible for you to signal that you don't want your internet browsing activity to be tracked. There is not yet a consensus in the internet community about how to best honor these signals, so we don't respond to Do Not Track requests at this time.
Space Monkey products are designed to have several layers of security including end-to-end encryption.
Your files are automatically encrypted by default before being distributed in the Space Monkey cloud storage network. The encrypted files are sent and stored in encrypted form. By default, Space Monkey retains a copy of the encryption key to make data recovery possible if you forget your password. However, you can choose to keep the only copy of the key if you prefer.
You use Space Monkey at your own risk, and are responsible for taking reasonable measures to secure your account (such as choosing a strong, unique password and keeping it secret).
We are always on the lookout for vulnerabilities in Space Monkey. If you discover a vulnerability in our service, we would be grateful for your report and encourage you to let us know immediately. If you give us reasonable time to respond to your report before making any information public, and make a good faith effort to avoid privacy violations, destruction of data, and interruption or degradation of our service during your research, we will not pursue any legal action against you or ask law enforcement to investigate your actions.
To report a vulnerability, please email email@example.com.
You are free to stop using Space Monkey at any time. If you choose to deactivate your account, we'll delete your backups and files stored in Cloud Storage within a reasonable amount of time. We will continue to keep some information about your use of our service.
We would love to hear from you. Space Monkey welcomes questions, concerns, and feedback about this policy. If you have suggestions for us, let us know at firstname.lastname@example.org.
SPACE MONKEY WILL AUTOMATICALLY CHARGE YOUR CREDIT CARD EACH MONTH, AND IF YOU DO NOT CANCEL YOU WILL AUTOMATICALLY BE CHARGED THE THEN-CURRENT FEE FOR THAT SERVICE AT THE START OF THE FOLLOWING RENEWAL TERM. YOU AUTHORIZE SPACE MONKEY TO CHARGE ALL SUMS DESCRIBED HEREIN TO SUCH PAYMENT METHOD. IF YOU PAY ANY APPLICABLE FEES WITH A CREDIT CARD, SPACE MONKEY MAY SEEK PRE-AUTHORIZATION OF YOUR CREDIT CARD ACCOUNT PRIOR TO YOUR PURCHASE TO VERIFY THAT THE CREDIT CARD IS VALID AND HAS THE NECESSARY FUNDS OR CREDIT AVAILABLE TO COVER YOUR PURCHASE, INCLUDING PRIOR TO THE RENEWAL OF ANY SERVICE THAT AUTOMATICALLY RENEWS. YOU ACKNOWLEDGE THAT IF YOU FAIL TO MAKE ANY PAYMENT WHEN DUE, WE MAY, BY GIVING YOU WRITTEN NOTICE, DISCONTINUE THE SERVICE AND TERMINATE THESE TERMS. IN ADDITION, WE MAY IMPOSE A LATE CHARGE ON ALL PAYMENTS MORE THAN TEN (10) DAYS PAST DUE IN THE MAXIMUM AMOUNT PERMITTED BY STATE LAW.
Space Monkey automatically bills your credit card each month if billable services have been utilized, The free trial is designed to let you experience the service. If you sign up for a monthly subscription, you are welcome to cancel at any time, but we cannot issue any refunds. You can cancel your account any time you'd like by simply signing in to your Account. For any questions regarding our cancellation policy, please contact email@example.com. As a service, Space Monkey is provided "as is" without any warranties, express or implied. Space Monkey disclaims all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
The free trial is designed to let you experience the service with a lower overall data storage capacity. If under any circumstance you or your organization require additional space you will need to transition from the free service to the paid service.
If you have any dispute regarding charges to your account, you have 45 days from the date of the charge to dispute it. Please contact our support team regarding any questions concerning a charge.
If Space Monkey is unable to re-bill your account during a renewal, operations on your account may start to fail. Continued non-payment will result in your backed up data being deleted.
If you have any questions about Space Monkey payments and refunds or need a refund, please contact Space Monkey customer support.
Please be aware that during Space Monkey’s BETA phase, the service level agreement does not apply. Space Monkey cannot make any guarantees with respect to service performance, functionality or features until after BETA phase has moved into a full service launch. When Space Monkey transitions from BETA phase to a full launch, all BETA users will be notified that the SLA is in full effect.
Space Monkey will make commercially reasonable efforts to ensure that our Cloud Storage is available and able to successfully process requests during at minimum 99.9% of each calendar month. If we don't fulfill this commitment, you may be eligible for service credit. For additional questions regarding service credits please contact firstname.lastname@example.org. A service credit will be issued only if the credit amount for the applicable month is more than $1 USD. Service credits may not be transferred or applied toward any other account.
To receive a service credit, you must submit a claim to email@example.com. The credit request must be submitted within 30 days from when you become eligible to receive the credit, and must include:
"SLA Credit Request" in the subject line;the email address associated with the account for which the credit is sought;the date and time of each occurrence of error rates; andrequest logs documenting the errors and claimed outage. Please remove any confidential or sensitive information in these logs.
Our service commitment does not apply to any unavailability of Cloud Storage or Space Monkey performance issues resulting from (i) factors outside of our reasonable control, such as a force majeure event or internet disruption unrelated to Space Monkey; (ii) acts or omissions by you or a third party; (iii) hardware or software that is not under our control; (iv) your application's failure to follow integration requirements; or (v) a suspension or termination of your account due to violations of our terms of service, policies, or other agreements.