HomeShield Subscription Service Agreement

Last Updated: Jan, 22, 2024

 

Welcome to use the TP-Link HomeShield Subscription Service. To protect the rights and interests of users (hereinafter referred to as "you"), please read the HomeShield Subscription Service Agreement (hereinafter referred to as "this agreement") carefully before using this service.

The Services as defined herein are provided by TP-Link Global Inc., located at 36 Technology, Suite 200, Irvine, CA 92618,("TPG", “TP-Link”).Your use of the HomeShield Subscription Service is governed by this HomeShield Subscription Service Agreement. Buying or using this service means you have reached an agreement with TP-Link and are willing to accept all the contents of this agreement.

 

Service Content

 

The HomeShield Subscription Service is a value-added product of TP-Link, offering a variety of member privileges for you to better manage your home network. The HomeShield Subscription Service may be affected by your device firmware version or app version. To fully take all member privileges, it is recommended that you update your device firmware and app to the latest version. The member privileges included in the HomeShield Subscription Service are subject to the information published by TP-Link on the service subscription page. TP-Link reserves the right to adjust all or part of the member privileges according to business needs. The adjustments will be announced on the service subscription page. You can also consult TP-Link customer service at any time for details of the current member privileges.

 

When you purchase any of the HomeShield Subscription Service subscription plans, you expressly acknowledge and agree that (1) TP-Link is authorized to charge you a subscription fee (in addition to any applicable taxes) on a monthly or annually recurring basis depending on the billing cycle you choose and the promotion code you apply, if any, for as long as your subscription is in effect, and (2) your subscription is in effect until you cancel it or it is terminated at our discretion because your credit card was declined or you otherwise fail to pay your subscription fee, and (3) your subscription period shall not be suspended, interrupted or extended under any circumstances.

 

The HomeShield Subscription Service does not accept any returns, refunds, or exchanges, and changing the TP-Link ID that uses the HomeShield Subscription Service is not allowed. Cancellation of paid subscriptions has no retroactive effect in the sense of refunding and only affects future charges.

 

Service Opening and Validity

 

You agree to this agreement and pay the service subscription fee to get the HomeShield Subscription Service. HomeShield Subscription Service Validity Period: Calculated from the service opening date, and the specific validity period can be viewed on the service subscription page. If the service is renewed in any way before expiration, the validity period will be extended accordingly. TP-Link reserves the right to suspend this service if it has not been renewed in any way before expiration

 

 

 

Service Fees

 

The fee of the HomeShield Subscription Service is subject to the prices published by TP-Link on the service subscription page.TP-Link may launch promotions from time to time, and the promotion information and prices will be announced on the member service page.

 

Auto-Renewal

 

1. If you subscribe to the HomeShield Subscription Service, you are deemed to have authorized TP-Link to deduct the next billing cycle service fee from your iTunes account or Google account when your membership is about to expire. The billing cycle includes but is not limited to monthly, quarterly, yearly, etc. If the deducted service fee is less than or more than the correct or advertised price, TP-Link reserves the right to complete subsequent transaction attempts up to 30 days after the transaction date to correct the payment.

 

2. After you subscribe to the HomeShield Subscription Service, we will charge the renewal fees 24 hours before the deadline of your current membership and extend the corresponding content, service conditions and service period. If the deduction fails due to reasons not attributable to TP-Link (such as third-party system failures, account limits, insufficient account balances, etc.), TP-Link will terminate your HomeShield Subscription Service. You are fully responsible for any possible adverse consequences. Any use of paid member services to circumvent renewals by illegal means such as malicious cracking constitutes a violation of this agreement. All legal consequences arising therefrom are the responsibility of the perpetrator, and TP-Link will pursue the legal liability of the perpetrator.

 

3. If the fee of the HomeShield Subscription Service is adjusted before the auto-renewal date, TP-Link will publicize the revised content on the relevant page before the deduction and will deduct the deduction at the current effective price.

 

4. You can turn off auto-renewal only from your Apple or Google account.

For Apple devices: Turn off in iCloud payments.The path is: Settings > iTunes Store and App Store > Apple ID > View Apple ID > Account Settings > Subscription.

For Android devices: Turn off in Google Play's payment function. The path is: Play Store Sidebar > Subscription.

If you cannot turn off auto-renewal due to reasons such as path adjustments caused by operating system upgrades, you can consult the equipment manufacturer or system service provider. You can also contact TP-Link customer service, and TP-Link will try to provide you a solution.

Turning off auto-renewal is deemed as your revocation of the authorization granted to TP-Link to deduct the fees from your payment account. However, this revocation does not affect the prior deductions made by TP-Link.

If you want to terminate the HomeShield Subscription Service, you need to turn off auto-renewal yourself. If you do not turn off it, you are deemed to allow TP-Link to deduct service fees from your payment account in accordance with this agreement. Once the deduction is successful. TP-Link will renew the HomeShield Subscription Service for you.

TP-Link reserves the right to terminate the service to you immediately and shall not be liable to you or any third party for any of the following circumstances:

(1) Your behavior is confirmed to be illegal or infringing by your national administrative or judicial authority, or suspected according to TP-Link's own judgment of violating the contents of this agreement or the terms of use announced by TP-Link, or suspected of violating the laws and regulations.

(2) Your behavior interferes with the normal operation of any part or function of the HomeShield Subscription Service.

(3)TP-Link believes that there is a significant risk in providing you with this service. TP-Link may choose to suspend, discontinue and terminate this service based on its own business decisions and other reasons. If such a situation occurs, TP-Link will notify you in the form of an announcement.

 

Restrictions on Use

 

Your use of this service is subject to the following additional restrictions. You may not use or interact with the service in a manner that:

 

  1. Violate this agreement.

 

  1. Violate laws, regulations, rules, ordinances and any normative provisions with legal effect.

 

  1. Destroy or affect TP-Link's provision of this service to any third party.

 

  1. Violate the security of any computer network.

 

  1. Adversely affect the services and activities of this agreement provided by TP-Link and related third parties, and infringe the legitimate interests of TP-Link and/or associated third parties.

 

  1. Use this service to obtain illegal benefits, including but not limited to improper profits through resale, transfer, and sub-authorization.

 

  1. Undertake other actions that violate TP-Link's legitimate interests.

 

 

 

You acknowledge and agree that TP-Link has the right to take one or more of the following measures if a breach is discovered:

 

  1. Take actions including but not limited to suspend or terminate all or part of member privileges of this service.

 

  1. TP-Link does not need to refund you any fees. The fees corresponding to the unfulfilled services will be owned by TP-Link as a penalty. You are solely responsible for any losses in your account, and you should also compensate TP-Link for its losses arising out of the breach, including but not limited to attorney fees, and litigation fees.

 

 

 

Service Agreement Acceptance and Revision

 

The contents of this agreement include the body of the agreement, Privacy Policy, Terms of Use, and various rules that TP-Link has published or may release/update in the future. All rules are an integral part of this agreement and have the same legal effect as the body of the agreement. If there is any conflict between the body of the agreement and the foregoing rules, the body of the agreement shall prevail. Unless expressly stated otherwise, your use of the HomeShield Subscription Service is governed by this agreement. If this agreement and related service terms need to be revised due to business needs, TP-Link will choose to prompt you to modify the above terms by means of including, but not limited to, system prompts, announcements, and intranet letters. If you do not accept the revised terms, you have the option to terminate your use of the HomeShield Subscription Service. Your continued use of the service will be deemed to have accepted the modified agreement. If you have any questions about the content of this clause, please send an email to TP-Link customer service mailbox: support@tp-link.com.

 

 

 

Service Changes or Suspension

 

TP-Link is constantly changing and improving its services.TP-Link may choose to suspend interrupt and terminate all or part of the member privileges of the HomeShield Subscription Service based on its own business decisions, government actions, force majeure and other reasons. If such situations occur, TP-Link will notify you in the form of an announcement, but will not be responsible for any losses caused to you. Except in the cases explicitly stipulated by laws and regulations, TP-Link has the right to directly return to you the fees corresponding to the unfulfilled services without your application.

 

 

 

Force Majeure Clause

 

TP-Link is not responsible for losses caused by force majeure. Force majeure referred to in this agreement include:

 

  1. Natural disasters

 

  1. Changes in laws and regulations, or government directives

 

  1. Reasons specific to the characteristics of network services, such as failures of basic Telecommunications operators, computer or Internet-related technical defects, Internet coverage limitations, computer viruses, and hacking

 

  1. Other unforeseeable, unavoidable and insurmountable situations within the legal scope

 

 

CHOICE OF LAW AND COURT

 

This Agreement and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of California, United States of America, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of California.

 

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled exclusively by arbitration administered by the American Arbitration Association before a single arbitrator in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be Orange County, California The arbitration shall be governed by the laws of the State of California. The arbitrator shall award to the prevailing party, if any, as determined by the arbitrators, all of their costs and fees. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a Party nor the arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both Parties. The Parties agree that failure or refusal of a Party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that Party to present evidence or cross-examine witness. In such event, the other Party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying Party in the absence of evidence presented as provided for above. Notwithstanding any language to the contrary in the contract documents, the Parties hereby agree that the Underlying Award may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”), that the Underlying Award rendered by the arbitrator shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an Underlying Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.