HouseSetter Terms of Service

Welcome to HouseSetter.  This agreement (“Agreement”) is a legal document between you and HouseSetter LLC (“HouseSetter,” “we,” or “us”) that contains the terms and conditions for the home monitoring alerts, reports, data, and pictures (referred to together as the “Service”) provided in connection with your HouseSetter monitoring device (the “HouseSetter Device”). 

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE. By clicking the “I Accept” button or using the Service, you confirm to us that you are 18 years of age or older and have read, understand, and agree to the terms of this Agreement, including:

  • binding arbitration to resolve disputes between us; 
  • limitation of HouseSetter’s maximum potential liability to the amounts you pay to HouseSetter under this Agreement during a twelve-month period;
  • collection and use of your information according to the HouseSetter System Privacy Policy; and
  • acknowledgment that HouseSetter is not a home security service and is not insurance.

1. Use of HouseSetter Service and Your Responsibilities

The Service provides alerts and periodic reports on conditions at your property (e.g., electrical power status, temperature, and humidity) as well as on the status of your HouseSetter Device itself. For additional fees, the Service also provides a picture of your property from the HouseSetter Device, real-time (on-demand) status reports, and historical reports.

To function properly, the Service requires electrical power and a connection to the cellular network. You should follow the set-up and care instructions that are shipped with your HouseSetter Device (also available at www.housesetter.com) and consider how the Service will work under the specific conditions at your property. The HouseSetter Device will only detect power outages of a specified duration affecting the power outlet in which it is plugged. The HouseSetter Device is equipped with a back-up battery. The periodic reports you receive will inform you of the back-up battery charge status, but it is your responsibility to make sure the back-up battery is functioning.

The Service is available in areas where HouseSetter has cellular coverage in the continental United States, Alaska, and Hawaii that is compatible with the technology in your HouseSetter Device. You can determine whether your home is in a HouseSetter cellular coverage area by visiting our website. The cellular network coverage area and technology requirements can change at any time. Even within a coverage area, there are many factors that may impact the Service, including the construction of your home, proximity to other buildings, the terrain, foliage, weather, cellular network congestion or jamming, equipment failures, the condition of your HouseSetter Device, or acts of nature or forces beyond our reasonable control.

It is your responsibility to ensure that your HouseSetter Device is connected to us and is transmitting data. We will send you a welcome email once the initial connection has been established. After that, the periodic reports you receive through your Service will inform you if we have been unable to connect to or receive data from your HouseSetter Device. We will not otherwise notify you if communication with your HouseSetter Device stops or is interrupted. You can test the connection at any time by ordering an on-demand report.

YOU ACKNOWLEDGE THAT HOUSESETTER IS NOT A HOME SECURITY SYSTEM AND THAT HOUSESETTER WILL NOT MONITOR SIGNALS FROM THE HOUSESETTER DEVICE OR CONTACT EMERGENCY SERVICES AT ANY TIME.

Pictures of your property made available through the Service are intended to assist you in monitoring the conditions at your property. You agree not to use the Service for any other purpose. You shall provide notice to all individuals entering your property of the existence of the Service, and you shall not use the Service to obtain pictures in any place where a person may have a reasonable expectation of privacy.

2. Charges, Fees, and Payment Terms

You must pay all Service charges and applicable taxes and fees in advance. HouseSetter accepts payment through the credit and debit cards listed on our website. When you provide one of these payment methods and select Automatic Renewal, you authorize HouseSetter to continue charging your account for all charges due HouseSetter for the service plan you have chosen until you or we cancel your Service. If you object to any charges made by HouseSetter, you must tell us in writing within sixty [60] days after the charge is incurred (unless the law requires otherwise) or you’re waiving the dispute. If your Service is cancelled in the middle of any payment period, we’ll provide you a prorated refund of your payment. We will not provide a refund for partial months.

If you wish to reinstate Service after your Service expires or is cancelled, HouseSetter may charge a reactivation fee to reconnect the Service. Depending on the location of your HouseSetter Device, it may be necessary to send your HouseSetter Device to us for reactivation, and additional fees may apply.

3. Duration of Service

Your HouseSetter Service begins once you set up your HouseSetter Device, but no later than 45 days after we ship your HouseSetter Device to you. Your Service continues until your plan expires or, if you have selected Automatic Renewal, until you or we cancel the Service. You can cancel your HouseSetter service at the end of any prepaid period for any reason by logging into your account at www.housesetter.com. HouseSetter can cancel your Service at any time and for any reason by providing you 30 days’ advance notice to your email address on file with us. HouseSetter can also cancel your Service without prior notice to you if you breach this Agreement, if HouseSetter is unable to charge your payment account, if your HouseSetter Device becomes subject to fraudulent usage or causes disruption to HouseSetter’s or its suppliers’ operations, or for any other good cause.

4.  Our Rights to Limit Service and Make Changes

We may determine from time to time that it is beneficial or necessary to change the Service, the terms of this Agreement, the performance specifications for the HouseSetter Device, or your ability to customize the Service. We will provide notice by posting the updates on our website. Your continued use of the Service after that point will indicate your acceptance of the change. We may make software updates to your HouseSetter Device at any time by accessing the device remotely without any further notice or consent. This could affect how you’ve programmed your Service or how your Service works. If your HouseSetter Device is not connected, we will not be able to make software updates and this could affect your Service.

5. Intellectual Property

Copyright and other intellectual property rights to the software, content and any updates thereto that are provided as part of the HouseSetter Device or via the Service are owned by HouseSetter and/or its suppliers. HouseSetter grants you a non-exclusive, non-transferable license to use the software and any content for your personal and private use exclusively for purposes of receiving the Service. You may not copy, reverse engineer, alter, modify, disassemble or decompile the HouseSetter Device or the Service, or any part thereof, without HouseSetter’s prior written consent. You also agree not to remove, alter, or use any HouseSetter trademarks or service marks without our prior written permission. You agree that HouseSetter will have rights to injunctive relief if you violate HouseSetter’s intellectual property rights. 

6. Disclaimer of Warranty

Except for the written limited warranty provided with your HouseSetter Device, HouseSetter makes no representations or warranties, express or implied, including, to the extent permitted by applicable law, any implied warranty of merchantability or fitness for a particular purpose, about your Service or your HouseSetter Device. We do not warrant that your HouseSetter Device will work perfectly or will not need occasional upgrades, modifications, or service or that the Service will not be negatively affected by network-related interruptions, modifications, upgrades, or similar activity. HouseSetter does not warrant that the operation of the Service will be uninterrupted or error free.

7. No Insurance

HOUSESETTER MAKES NO PROMISES TO PROTECT YOUR PROPERTY (REAL ESTATE OR PERSONAL POSSESSIONS) OR THE PERSONS IN OR ON YOUR PROPERTY, AND THE PAYMENTS YOU MAKE UNDER THIS AGREEMENT ARE NOT RELATED TO THE VALUE OF THESE THINGS. You are responsible for obtaining all insurance coverage that you believe is necessary to protect your property and persons in or on your property, including coverage for property damage and personal injury. 

8. Waivers, Limitation and Release of Liability

You agree to limit claims against HouseSetter, its directors, officers, shareholders, employees, contractors, agents, and representatives (collectively, the “HouseSetter Parties”) for damages or other monetary relief to direct damages not to exceed the amounts you have paid to HouseSetter for the Service during past twelve (12) months. This limitation and waiver will apply to the extent permitted by law regardless of the theory of liability. That means you will not try to get any indirect, special, consequential, treble or punitive damages from the HouseSetter Parties. This limitation and waiver also applies if you bring a claim against one of our suppliers, to the extent we would be required to indemnify the supplier for the claim. You agree we aren’t responsible for problems caused by you or others, or by any acts of nature or forces beyond our reasonable control, including without limitation, fire, storm, earthquake, flood, other natural disaster, epidemic, strikes, lock-outs, industrial action, civil commotion, war, terrorist acts, failure or interruption of telecommunication or transportation networks.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE UNDERLYING WIRELESS SERVICE PROVIDER OR ITS AFFILIATES OR CONTRACTORS AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN HOUSESETTER AND THE UNDERLYING CARRIER. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT THE UNDERLYING CARRIER AND ITS AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS OR DEMANDS THEREFOR. 

9.  Indemnification

The Service and this Agreement are intended for your benefit only.  You agree to indemnify and protect and hold the HouseSetter Parties and HouseSetter’s suppliers harmless from liability for any claims and lawsuits related to your use of the Service, including but not limited to, your failure to provide appropriate notices to third parties about the Service or the existence of the HouseSetter Device in your premises or your violation of this Agreement, any applicable law or regulation, or the rights of any third party. This includes claims and lawsuits brought under any theory by any third party, including without limitation, your insurance company. 

10.  Dispute Resolution / Arbitration

You and HouseSetter both agree to try to resolve any disputes between us by talking with each other. IF WE CAN’T RESOLVE A DISPUTE THAT WAY, WE BOTH AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO RESOLVE IT BY ARBITRATION OR IN SMALL CLAIMS COURT. 

WE ALSO BOTH AGREE THAT:

  1. EXCEPT FOR SMALL CLAIMS COURT CASES, ANY DISPUTE BETWEEN US WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) OR BETTER BUSINESS BUREAU (“BBB”). IN EXCHANGE FOR THIS AND UPON YOUR ADVANCE REQUEST, WE’LL PAY FOR ANY FILING FEE CHARGED YOU BY THE AAA OR BBB FOR ONE ARBITRATION OF ANY DISPUTES BETWEEN US, SO LONG AS YOU TRIED IN GOOD FAITH TO RESOLVE THE DISPUTES WITH US BEFORE FILING FOR ABITRATION. YOU CAN GET PROCEDURES, RULES, AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG) OR FROM US. YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.       
     
  2. YOU AND HOUSESETTER BOTH AGREE TO NOTIFY ONE ANOTHER IN WRITING OF ANY DISPUTE AT LEAST 30 DAYS IN ADVANCE OF INITIATING ARBITRATION. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF WE ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER OF US MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION.       
     
  3. UNLESS YOU AND HOUSESETTER AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.      
     
  4. THE ARBITRATOR(S) WILL HAVE NO AUTHORITY TO AWARD PUNITIVE OR OTHER DAMAGES NOT MEASURED BY THE PREVAILING PARTY’S ACTUAL DAMAGES, EXCEPT AS MAY BE REQUIRED BY STATUTE.  
     
  5. THIS AGREEMENT DOESN’T ALLOW CLASS OR COLLECTIVE ARBITATIONS EVEN IF THE AAA OR BBB PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. IF FOR SOME REASON THIS PROHIBITION ON CLASS ARBITRATIONS CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
     
  6. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND HOUSESETTER UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.

11.  Export & Use Restrictions 

The Service and the HouseSetter Device may be subject to United States export restrictions. You agree not to export or re-export the Service or the HouseSetter Device in violation of any applicable laws and regulations of the United States. You also do not have permission and agree not to use the Service or the HouseSetter Device (1) outside the continental United States, Alaska and Hawaii, and (2) for any purpose other than the intended purpose of monitoring the conditions at your property. 

12.  General

Waiver. A waiver of any default hereunder or of any of the terms and conditions of this Agreement shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition.

Assignment. You may not assign this Agreement or any of your rights or duties under it without our permission. HouseSetter may assign this Agreement and its rights and duties under it without notifying you.

Severability. If any part of this Agreement shall be deemed invalid or unenforceable, such invalid or unenforceable provisions shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of this Agreement remain in full force and effect.

Communications and Notice. We recommend that you add @housesetter.com email addresses to your email address book to help ensure you receive email service and notifications from us. You consent to HouseSetter communicating with you by phone, text, email and automated technology and agree that these communications satisfy any legal notice requirements, including requirements that communications be in writing. For questions or concerns, please contact HouseSetter at www.housesetter.com/contactus. 

Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of Michigan, excluding its conflict of laws principles. The parties acknowledge that this agreement evidences a transaction involving interstate commerce. The Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this Agreement.

Entire Agreement. In addition to these terms, you also agree to be bound by the terms of the HouseSetter System Privacy Policy, Website Terms of Use, and the Limited Warranty that is included in the box with your HouseSetter Device. This Agreement and the terms it incorporates represent the entire agreement between the parties regarding the subject matter hereof and supersedes any and all prior agreements between the parties, whether written or oral, regarding the subject matter hereof. This Agreement may not be modified or amended except by the written acceptance of both parties.