These terms of service (these “Terms”) outline the conditions of your use of the Vont Innovations’ website, mobile app, social media pages, all forms of media and channels, and your purchase of any of our consumer products and services (collectively, the “Vont Services”).
BY ACCESSING AND USING THE VONT SERVICES, YOU ARE INDICATING TO US THAT YOU ACCEPT THESE TERMS IN FULL. IF YOU DO NOT ACCEPT THESE TERMS IN FULL, YOUR ONLY RECOURSE IS TO REFRAIN FROM ACCESSING AND USING ANY OF THE VONT SERVICES.
The following definitions apply throughout these Terms and our Policy Privacy, Return and Refund Policy, and all other agreements related to your use of the Vont Services:
Access eligibility and geographic restriction
Generally, no one may use the Vont Services if they lack the capacity to enter into a legally binding agreement, such as these Terms. More specifically, the Vont Services are not intended to be used by persons under 18 years of age. If you are below 18 years of age, you may not order from us or provide us with personal information, provided however, that you may be under 18 and use the Vont Services if you have the permission of, and are under the supervision of a parent or legal guardian.
Finally, you may not access the Vont Services on behalf of a third party without written permission from Vont Innovations. Unless you have received our written permission, you represent and warrant that you are in fact the person claiming to be using the Vont Services, or you are the authorized user using the services on behalf of an entity. Any other use of our services will be considered fraudulent and we will act accordingly, including immediate termination of your use of the Vont Services.
The Vont Services are primarily targeted at users in the United States, Canada, and Mexico, and may also be available globally. If you access the Vont Services from locations where such access is illegal or restricted, you are responsible for any limitations, liabilities and penalties which arise in connection with your actions.
Account and Registration
The Vont Services allows you to create an account and submit required personal information to perform certain actions. By submitting registration information, you warrant that the information is accurate, complete, and up to date and that you will maintain the accuracy of such information. You also warrant that your use of the Vont Services does not violate any law of the United States or of the jurisdiction where you are located.
Part of the account creation feature is the ability to create an account or log in via any of the supported social media plugins (such as Facebook, Twitter, LinkedIn, and Instagram). By creating an account or logging in via any social media plugin, you permit us to create an account or log you in using your information stored on such a social media account.
You are partly responsible for the security of your account. You are required to keep your login details private, and you must notify us immediately if you become aware that a third party has access to your account. You may not assign or license your user account to a third party without written approval from Vont Innovations.
When you use the Vont Services, including sending us emails, you are communicating with Vont Innovations electronically, and providing your consent for us to communicate electronically with you as well. We also may communicate with you electronically in relation to the Vont Services, these Terms, or your account. By communicating with Vont Innovations electronically, you agree that any electronic communications from us shall satisfy any and all legal requirements for paper forms of communication.
Vont Innovations’ Intellectual Property
The content on the website or app, including our consumer product designs, images, descriptions, articles, videos, texts, audios, source codes, databases, and graphics (the “Vont Content”), along with our our trademarks, service marks, text, logos, branding, and similar, are the property of Vont Innovations (collectively the “Vont Property”). All Vont Property is subject to copyright, trademark, patent and all other intellectual property rights and protections in the United States and under applicable international conventions.
Vont Innovations does not permit you to copy, use, download, or edit Vont Property, or make derivative works of Vont Property, including in combination with any other products or services, in any manner without written permission from Vont Innovations.
License to access the Vont Services
Prohibited uses of the Vont Services
The Vont Services are intended for your own or your business’ own use. By using the Vont Services under a limited license, you understand that the license does permit you to, and you specifically agree not to:
Certain areas on the website and app may allow you to upload comments, articles, opinions, materials, and data (collectively “User Submissions”). By publishing User Submissions on the website or app, you hereby grant Vont Innovations an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, perpetual license to host and use your Submissions on the Vont Services, including displaying, reproducing, translating, making copies, and adapting such Submissions on any media known to us. You also waive any and all intellectual property rights and privacy rights with respect to your User Submissions.
Vont Innovations does not screen, edit, or review User Submissions prior to their publication on the Vont Services, and is not responsible for User Submissions. User Submissions do not reflect our views or opinions. User Submissions may reflect the views and opinions of the persons who post them. To the extent permitted by applicable laws, Vont Innovations shall not be responsible or liable for the User Submissions or any loss, cost, liability, damages, or expenses caused and or suffered because of any use of, posting of, or appearance of the User Submissions on the Vont Services.
Notwithstanding the foregoing, we reserve the right to monitor User Submissions and remove any content in whole or in part which we consider, at our discretion, to be inappropriate, offensive, or otherwise in breach of these Terms or any ethical standard.
You may not make any User Submissions that:
Vont Innovations may, at any time, terminate or suspend your account and access to the Vont Services if we become aware of your breach of these Terms or any other applicable agreements, applicable law, or your representations. If we terminate your account, any provisions under these Terms that by nature are required to survive the termination shall remain valid.
Likewise, we may terminate or discontinue parts or the whole of the Vont Services at any time. We will not be liable or responsible for any loss you or any third party may suffer from your inability to access any terminated or discontinued parts of the Vont Services.
a. Product Description and Color
We strive to ensure all our products have accurate and current descriptions at all times without errors, omissions, and inaccuracies. However, we cannot always guarantee this due to certain uncontrollable circumstances. We do not warrant that our product descriptions and other Vont Content will not be without errors, inaccuracies, or omissions. If you order a product from us and it does not match the description, you have the right to return it and to request a refund or replacement.
The colors of our products have been displayed as accurately as possible. However, due to device monitor or screen discrepancies, we cannot guarantee that the color displayed on your screen will be exactly the same as the one displayed on our website or app.
b. Order Pricing and Payments
Our products are listed at their original price in United States Dollars (“USD”). If you order from outside of the United States, you are responsible for any variations in price caused by applicable exchange rates. Our product prices do not include any taxes or shipping fees (“collectively Fees”). Fees applicable to your order are added to the order price and displayed to you at checkout. We may increase the price of any item at any time. However, any price increase shall not apply to any item you have already paid for – unless the price of such item was displayed in error at the time of your order.
Certain product prices may, on occasion, be displayed incorrectly due to human error or a computer error. In such cases, we reserve the right to revert the price to the original price, even if your order is currently processing. Meanwhile, we will notify you of such errors and let you decide if you still want to continue with your purchase at the original price or cancel.
We accept credit/debit card payments and PayPal for any order on the website or app (please, see the checkout page for the supported payment methods). If you order through Amazon.com, that platform’s supported payment methods apply. By submitting your order and providing your payment method information, you represent that your payment method contains an amount sufficient to cover the final price displayed at checkout, inclusive of all Fees. You also authorize us to charge you for the final price as displayed. You accept responsibility for any charges assessed for insufficient funds, reversals, or chargebacks, including collections and attorney’s fees, if necessary, and, we reserve the right to collect these charges from you.
c. The Order Agreement
When you place an order through our website, app, or Amazon.com, you confirm that the information submitted is accurate, complete, and current and that you have read the descriptions and terms of the product. Your order placement is an offer to purchase the subject item. We will respond with an email confirmation of your offer, which does not represent our acceptance of your offer (we may reject or accept your offer at our discretion). Your offer will be deemed accepted when we charge your payment method (which includes the total amount described at checkout) and provide you with a shipment notice.
d. Shipping and Delivery
Upon confirming your payment for any of the Vont Services, we will commence processing your order. We process orders within 2 – 3 days (this may take longer on rare occasions) and deliver them to your provided shipping address. You are responsible for providing an accurate, complete and up-to-date shipping address. We will not be liable for any lost items due to incorrect shipping information. The estimated shipping duration and fees will be displayed to you on the checkout page.
e. Cancellation, Refunds, and Returns
We do not offer cancellations after your order has been dispatched. If your order has not been dispatched, you may reach out to us via the live chat feature on the Vont Services or contact us at [email protected] to make a cancellation request. We will inform you if cancellation is possible at that point.
Notwithstanding the foregoing, you may request to cancel your order if you are not satisfied with the item and request a refund (minus shipping fees) within thirty (30) days of delivery. The item must, however, be in the same original package and condition it was delivered to you. We reserve the right to withhold refunds for items that do not meet these conditions, and to withhold refunds generally in our discretion.
Also, if you received an item that is not as described or damaged in transit, you may request a refund or replacement. Please, review our Return and Refunds Policy for more information regarding cancellations, refunds, replacement, and returns.
f. Prohibition on resale
Resale of the Vont Services including but not limited to our consumer products is absolutely prohibited unless you have received our written permission prior to making, or attempting to make, such a resale.
g. Product warranty
Our products come with a 1-year limited warranty starting from the date of purchase. The warranty covers only defects in material or component workmanship. This warranty only covers the original purchaser and purchases made through our website, the app, and Amazon.com. It does not cover products purchased from retailers. This warranty also does not cover damages that are caused by abuse or misuse, wear and tear, fire, heat, flood, modification or alteration, or any use that is inconsistent with the instructions provided with the product.
h. Title and risk of loss
Upon successfully delivering any item to your shipping address, the title and risk of loss automatically pass to you. You will be responsible for any liability thereafter, including injury and property damage to yourself or third parties – except if such injury or damage is proven to have come from defects in the products, subject to all applicable laws.
i. Customs duties
If you are subject to customs duties and clearances due to ordering from outside of the United States, Vont Innovations will not be responsible for paying such fees. You are solely responsible for paying any customs duties associated with your order. For the avoidance of doubt, our orders do not include VAT or any customs duties.
j. Software updates; IoT devices
If you purchase certain of our IoT devices, we may provide, at our discretion, software updates, fixes, upgrades, and patches (collectively, “Updates”) to these products automatically in order to provide a better user experience. We reserve the right to provide such Updates to the products with or without notice to you at any time and without liability. If you do not want Updates, your only remedy will be to terminate your use of such products.
k. Export controls
You agree that you will not export any products, including IoT and software, that you purchase via the Vont Services to any country, corporation, organization, or individual to which such export is prohibited by law (i.e., the economic sanctions and embargoes imposed by the United Nations, European Union, U.S. State Department, and other governmental authorities). You understand and agree that these laws may not allow you to export the product to other countries, including for your personal use.
From time to time we run promotions on the Vont Services such as our website or app, and we also run promotions through third-party websites, apps or platforms such as Amazon, or rebate platforms such as Rebatekey. Under no circumstances will Vont Innovations be held responsible for any sale that occurs in connection with promotions held outside of the Vont Services, including but not limited to counterfeiting and prohibited resale.
Vont Innovations provides the Vont Services “as is” and “as available” without warranties of any kind, whether express or implied (except for any written warranties). Vont Innovations disclaim all warranties of merchantability, fitness for a particular purpose, quiet enjoyment, title, and non-infringement.
Vont Innovations does not warrant that the Vont Services or any Vont Content will be: (i) available always or otherwise be 100% reliable, accurate, perfect, safe, correct, or error-free; or (ii) free from harmful software, such as viruses, bugs, worms, and trojan horses; or (iii) free from attack or interference by third parties.
Certain jurisdictions do not allow the exclusion of some of the disclaimers above. If this applies to you, then some of the disclaimers above may not apply to you, and you may have additional rights.
To the fullest extent permitted by applicable law, under no event shall Vont Innovations (including its suppliers, agents, employees, licensors, and affiliates) be liable to you or any third party – whether based in contract, tort, negligence, or otherwise – for any indirect, consequential, incidental, exemplary, special, or punitive damages, including damages that make you lose profit, data, goodwill, expenses, or other intangible damages that may arise as a result of your use of the Vont Services– even if Vont Innovations has been made aware of the possibility of such damages arising.
Notwithstanding the above limitation, in the event we are found liable for any damages – no matter what the legal basis – our total liability shall not exceed the greater of: (i) the fees you paid for the Vont Services in the past three (3) months; or (ii) the sum of $500.
The above limitations shall not apply to any legally non-excludable liabilities, to the extent they apply. For example, some jurisdictions do not allow the exclusion of incidental or consequential damages. If this applies to you, then some of the exclusions above may not affect you, and you may have additional rights.
You agree to defend, indemnify, and hold Vont Innovations (including our suppliers, agents, subsidiaries, partners, employees, and other affiliates) harmless from and against any losses, damages, liabilities, demands, claims, and expenses (including reasonable attorneys’ fees and costs) made by any third party due to your use of the Vont Services, User Submissions, these Terms, other applicable agreements, applicable laws, or your representations and warranties herein.
Notwithstanding the foregoing, Vont Innovations reserves the right, at your expense, to assume the exclusive defense and control of any dispute or claim in which you are required to indemnify Vont Innovations. You hereby agree to cooperate, at your expense, with Vont Innovation’s defense of such claims. We shall use reasonable efforts to notify you of any such claim, action, or proceedings that are subject to this indemnification upon becoming aware of it.
PLEASE, READ THIS DISPUTE RESOLUTION SECTION CAREFULLY AS IT DESCRIBES HOW DISPUTES WILL BE SETTLED BETWEEN YOU AND VONT INNOVATIONS IN RELATION TO THE VONT SERVICES. BY USING THE VONT SERVICES, YOU AGREE TO THIS DISPUTE RESOLUTION SECTION.
a. Governing law; jurisdiction
Any disputes arising from these Terms, or your use of the Vont Services, shall be construed under and governed by the laws of the State of Wyoming, without regard to conflict of laws principles. For disputes not subject to the informal resolution or binding arbitration provisions described below, such disputes shall be resolved in the State or Federal courts located in the State of Wyoming. You hereby agree to this jurisdiction and waive any defenses of lack of personal jurisdiction – unless Vont Innovations agrees otherwise in writing. Under no circumstances shall any claim or dispute under these Terms be filed more than one (1) year after such claim arose
b. Informal resolution
To expedite resolution and control the cost of any dispute related to these Terms, you and Vont Innovations agree to work in good faith to settle disputes informally (except those disputes expressly provided below) for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal resolution shall commence upon the date written notice of a dispute from you or Vont Innovations is received.
c. Binding arbitration
If Vont Innovations is unable to settle any dispute with you informally, either you or we may elect to have the dispute (except those claims expressly excluded below) exclusively, fully and finally resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other party.
Except as otherwise provided in these Terms, you and Vont Innovations may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, or enter judgment on the award entered by the arbitrator.
You and Vont Innovations agree that all arbitrations shall be limited to the dispute between you individually and Vont Innovations. To the fullest extent permitted by law: (i) no arbitration shall be joined with any other dispute; (i) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the public or any other persons.
You and Vont Innovations both agree that the following disputes shall not be subject to the above provisions regarding informal resolution and binding arbitration: (i) any dispute seeking to enforce or protect both our intellectual property rights; (ii) any dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim from injunctive relief.
If this section is found to be illegal or unenforceable, then neither you nor Vont Innovations will elect to arbitrate any dispute falling within that portion of this section found to be illegal. Such disputes shall instead be decided by a court of competent jurisdiction located within the State of Wyoming.
Vont Innovations may revise, amend, and change portions of these Terms at any time. Upon making such changes, the amended version of the Terms will become effective, and will replace any former versions. You can keep track of changes by checking the Last Updated date above, which will be updated to reflect the effective date of any changes. We may, at our discretion, notify you of such changes via your account email address, your account dashboard, or via the website or app. However, you are expected to review these Terms frequently to be aware of all minor and major changes. By your continued use of the Vont Services after changes to these Terms, you confirm your acceptance of such changes.