UniFi Controller Terms of Service

These Terms of Service (these "Terms") govern Your use of the Ubiquiti Inc. ("Ubiquiti") UniFi Controller software application (along with any upgrades, updates, bug fixes or modified versions) for your computer, smartphone, tablet or otherwise, and any accompanying Documentation (collectively, the "UniFi Controller App"). "Documentation" means user or technical manuals, training materials, specifications or other documentation pertaining to the App, whether in digital or printed format.

FOR IMPORTANT DISCLAIMERS OF WARRANTY AND WARNINGS CONCERNING USAGE, SEE SECTION V.

You accept and agree to be bound by these Terms by downloading, installing or using the UniFi Controller App, effective as of the date of such download, installation or use. The UniFi Controller App may be subject to automatic software updates, as described further in Section III(c), and You also hereby consent to such updates. If You do not want to agree to these Terms with respect to the UniFi Controller App or any updates, You are not permitted to, and You must not, access or use the UniFi Controller App.

Ubiquiti may, in its sole and absolute discretion, change these Terms from time to time, as indicated by the date at the end of these Terms. If You object to any such change, Your sole recourse will be to cease using the UniFi Controller App. Continued use of the UniFi Controller App following any such change will indicate Your acknowledgement of such change and agreement to be bound by the new terms and conditions.

These Terms are a binding agreement between Ubiquiti and the individual or entity using the UniFi Controller App ("You"). If You are accepting these Terms on behalf of an entity or individual, You represent and warrant that You have full legal authority to bind such entity or individual to these Terms. You agree that these Terms incorporate and include the Privacy Policy https://www.ui.com/legal/privacypolicy/ and the Ubiquiti general Terms of Service https://www.ui.com/legal/termsofservice/.

I. License

  • a) License Grant. Subject to Your compliance at all times with these Terms, Ubiquiti grants, under all of its rights in and to the UniFi Controller App, a worldwide, non-sublicensable, non-transferable, non-exclusive, revocable, limited license to use the UniFi Controller App solely for your personal use, to manage and monitor Your UniFi Device(s) and collect and receive data from Your UniFi Device(s). "UniFi Device" means a UniFi device manufactured and sold by Ubiquiti that You purchase or otherwise rightfully acquire. For the avoidance of doubt, the license grant in this Section I(a) does not grant any right or license to Third Party Software (as defined below).
  • b) Limitations on Use.
    • i) The UniFi Controller App and its contents, features and functionality (including, without limitation, all information, software, text, graphics, images, Controller and audio, and the design, selection and arrangement thereof) (collectively, the "Content") are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You shall not:
      • (1) sell, offer for sell, lease, license, sublicense or distribute the UniFi Controller App or any Content;
      • (2) copy, reproduce, broadcast, transmit, republish, distribute, modify, prepare derivative works of, perform, publicly perform or display any Content in any way without the prior written permission of Ubiquiti and its applicable licensors;
      • (3) remove or alter any copyright, trademark or other proprietary rights notices from the Content, or use the Content in contravention of any such applicable notices; or
      • (4) copy, modify or create derivative works of, or reverse engineer, decompile, translate, disassemble or otherwise attempt to extract the source code of, any UniFi Controller App software.
    • ii) You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the UniFi Controller App and for paying all charges related thereto.
    • iii) Your use of the App shall at all times be in compliance with applicable Documentation and applicable law.
    • iv) You shall not use the UniFi Controller App to:
      • (1) violate any third party rights or any local, state, national or international law or regulation;
      • (2) transmit or create any materials that are abusive, harassing, tortious, defamatory, libelous, harmful, fraudulent, deceptive, threatening, vulgar, obscene, invasive of another’s privacy or otherwise objectionable;
      • (3) transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      • (4) impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity;
      • (5) engage in any High Risk Activities (as hereinafter defined);
      • (6) jeopardize the security of Your account or anyone else’s account, or attempt, in any manner, to obtain the password, account, or other security information from any other user;
      • (7) interfere with or disrupt the UniFi Controller App or servers or networks connected to the UniFi Controller App, or disobey any requirements, procedures, policies or regulations of networks connected to the UniFi Controller App; or
      • (8) create a substantially similar product or service thereto, or to any component thereof.

  • c) Embedded Ubiquiti Software. Any Ubiquiti software embedded in a UniFi Device is governed by the End User License Agreement https://www.ui.com/eula/.

  • d) Third Party Software. Certain software included in, distributed with or downloaded in connection with the UniFi Controller App may comprise third party proprietary software products that are subject to separate license terms ("Third Party Software"). In addition, some UniFi Devices are enabled to operate with Third Party Software rather than Ubiquiti software. All such Third Party Software may include software or software components that are derived, in whole or in part, from software that is distributed as free software, open source software or under similar licensing or distribution models ("Open Source Software," together with Third Party Software, "External Software").

    Your use of External Software is subject in all cases to the applicable licenses from the External Software provider, which shall take precedence over the rights and restrictions granted in these Terms solely with respect to such External Software. You shall comply with the terms of all applicable Third Party Software and Open Source Software licenses, if any. Copyrights to Open Source Software are held by their respective copyright holders indicated in the copyright notices in the corresponding source files. The App may include software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/).

    FOR THE AVOIDANCE OF DOUBT, UBIQUITI PROVIDES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO SUCH EXTERNAL SOFTWARE, INCLUDING WITH RESPECT TO FUNCTIONALITY OF SUCH EXTERNAL SOFTWARE WITH ANY UNIFI DEVICE OR THE UNIFI APP. Ubiquiti does not provide any warranty, maintenance, technical or other support for any External Software or its use on any Ubiquiti product, technology, service or specification or other documentation (individually and collectively, "UI Products").

  • e) Intellectual Property Ownership. The Unifi App, the Content and all copyrights, trade secrets, patents, trademarks, trade secrets and other intellectual property and proprietary rights in any jurisdiction worldwide (collectively, "Intellectual Property Rights") in and to the Unifi App and the Content are the sole property of Ubiquiti or its licensors. You do not have or receive any right, title or interest in or to the Content through your use of the UniFi Controller App or otherwise. Except for the limited license in Section 1(a) of these Terms, Ubiquiti does not grant any express or implied right to You under any of its Intellectual Property Rights.
  • f) Trademarks. "Ubiquiti," "Ubiquiti Inc.," "UI," the Ubiquiti and Beam logo, the Ubiquiti beam logo, the U logo, the Ubiquiti and U logo, Ubiquiti incorporating the stylized U, "World Network," "The Future Can’t Wait," "airMAX," "airOS," "airBeam," "airBlast," "airControl," "airGateway," "airGrid," "airLink," "airMagic," "airPRISM," "airSelect," "airSync," "airView," "Bullet," "InnerFeed," "LiteBeam," "NanoBeam," "NanoBridge," "NanoStation," "PicoStation," "PowerBeam," "PowerBridge," "PowerOverFiber," "Rocket," "sunMAX," "TOUGHCable," "TOUGHSwitch," "UniFi," "UniFi Home," "UniFi Video," "MULTI-LANE," "AmpliFi," "airVision," "airCam," "airFiber," "Invictus," "xRT," "mFi," "mPort," "mPower," "EdgeMAX," "EdgeOS," "EdgePoint," "EdgeRouter" and "EdgeSwitch" (collectively, the "Marks") are trademarks or registered trademarks of Ubiquiti in the United States and in other countries. The Marks and all other trademarks, service marks, trade names and logos included or displayed in the UniFi Controller App may also constitute trademarks, trade names or service marks of Ubiquiti or other entities. Ownership of all such Marks and the goodwill associated therewith remains with Ubiquiti or those other entities.

  • g) User Submissions. Ubiquiti does not claim ownership of any information, data, text, images or other materials You or your devices submit for display, processing, temporary storage or distribution through the UniFi Controller App (collectively, "User Submissions"). As between Ubiquiti and you, You own all rights to your User Submissions. Ubiquiti does not pre-screen User Submissions and You agree that You are solely responsible for all of your User Submissions. Ubiquiti is not required to host, store, process, display, return or distribute any User Submissions, and may remove Your User Submissions at any time. Ubiquiti is not responsible for any loss, theft or damage of any kind to any User Submissions. You represent and warrant that your User Submissions, and Ubiquiti’s use thereof, do not and will not infringe the rights of any third party (including, without limitation, Intellectual Property Rights, rights of privacy or publicity, or any other legal or moral rights).

    In addition, You hereby grant to Ubiquiti, without obligation, compensation, or restriction of any kind or nature, the worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up right: (i) to copy, reproduce, broadcast, transmit, republish, distribute, modify, prepare derivative works of, perform, publicly perform and display any User Submissions and any copies thereof, in any format or medium now known or later developed, and including as embodied in any UI Product; (ii) to make, have made, use, license, rent, lease, sell, offer for sale and import the User Submissions and any copies thereof Ubiquiti reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes.

  • h) Feedback. If You provide technical, business or other feedback, suggestions or comments to Ubiquiti concerning the UniFi Controller App or any other UI Products (collectively, "Feedback"), you assign to Ubiquiti all right, title and interest in and to any Feedback and all proprietary rights therein, including, without limitation, Intellectual Property Rights. You warrant that the Feedback is not subject to any license terms that would purport to require Ubiquiti to comply with any additional obligations with respect to any UI Products that incorporate any Feedback.

    To the extent the foregoing present assignment is ineffective for any reason, You hereby grant to Ubiquiti, without obligation, compensation, or restriction of any kind or nature, the worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up right: (i) to copy, reproduce, broadcast, transmit, republish, distribute, modify, prepare derivative works of, perform, publicly perform and display the Feedback and any copies thereof, in any format or medium now known or later developed, and including as embodied in any UI Product; (ii) to make, have made, use, license, rent, lease, sell, offer for sale and import the Feedback and any copies thereof, including as embodied in any UI Product; and (iii) to sublicense any of the foregoing rights to third parties, including the right to sublicense to further third parties, and including under Your copyrights and trade secrets and the claims of any patents owned or licensable by You that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with any Feedback or portion thereof incorporated into a UI Product. In any case, and for the avoidance of doubt, You agree and acknowledge that the incorporation by Ubiquiti of any Feedback into any UI Products does not grant You any proprietary rights in or to any such UI Products.

II. Data; Confidentiality

  • a) Data. The UniFi Controller App enables You to input, manage and monitor content from Unifi Devices (such content, "End User Data"). In addition, the UniFi Controller App may receive data from devices on which the UniFi Controller App is installed (such data, together with End User Data, "Data"). You agree that Ubiquiti may from time to time collect and use Data in a form that could personally identify You (such as Your name, email address, mailing address or other contact information) or your customers, including to facilitate the provision of updates to any applications or services, authenticate UI Devices, verify compliance with these Terms, and improve UI Products. Ubiquiti will not share Your or your customers’ Data with third parties without your prior written consent.
  • b) SECURITY. UBIQUITI CARES ABOUT THE INTEGRITY AND SECURITY OF YOUR DATA. HOWEVER, UBIQUITI CANNOT GUARANTEE THAT UNAUTHORIZED THIRD PARTIES WILL NEVER BE ABLE TO DEFEAT OUR SECURITY MEASURES OR USE YOUR DATA FOR IMPROPER PURPOSES. YOU ACKNOWLEDGE AND AGREE THAT YOU PROVIDE YOUR DATA AT YOUR OWN RISK.

  • c) Special Note to International Users. If You are accessing the UniFi Controller App from the European Union, Asia or any other region with laws or regulations governing personal data collection and disclosure that differ from United States laws, please be advised that Your continued use of the UniFi Controller App will be governed by United States law, our Privacy Policy https://www.ui.com/legal/privacypolicy and these Terms. Information about You that we collect or that You submit may be transferred to, processed in or held in countries other than the one in which You reside, including countries such as the United States which the European Union has deemed do not provide "adequate" protection for personal information. If You are located in a country outside the United States and voluntarily submit User Information to us, You thereby consent to the general use of such information and the transfer of such information to, and storage of that information in, the United States or other locations in which information is stored, in each case as provided in these Terms and the Privacy Policy https://www.ui.com/legal/privacypolicy.

  • d) Confidentiality. "Confidential Information" means the UniFi Controller App and any and all business or technical information of Ubiquiti or a third party to whom Ubiquiti has an obligation of confidentiality, whether disclosed in writing, orally, by electronic delivery, by inspection of tangible objects or otherwise. Confidential Information also includes, without limitation, these Terms and its purposes, trade secrets, ideas, processes, formulae, computer software (including source code), algorithms, data, data structures, scripts, applications, programming interfaces, protocols, know-how, copyrightable material, improvements, inventions (whether or not patentable), techniques, strategies, business plans, product development plans, timetables, forecasts, customer and supplier lists, product or service designs, specifications and schematics, product or service costs, product or service prices, product or service names, financial information, employee information, marketing plans, business opportunities and research, market and development activities and results.

    You shall permit to use the Confidential Information only Authorized Users who have a need to know such Confidential Information, and who are informed of the confidential nature of the Confidential Information and are bound by obligations no less restrictive than those set forth herein applicable to such Confidential Information, in each case only for the purpose of exercising the license expressly granted hereunder. You agree not to otherwise transfer, copy, disclose, provide or otherwise make available Confidential Information in any form to any third party without the prior written consent of Ubiquiti. You hereby guarantee the performance of the provisions hereof by any Authorized User, or any other person or entity that may obtain Confidential Information directly or indirectly from You.

    You agree to implement reasonable security measures to protect Confidential Information, but without limitation to the foregoing, shall use best efforts to maintain the security of the UniFi Controller App and its Content. You shall not make any copies or extracts of Confidential Information or include Confidential Information in Your own materials except as reasonably required to exercise the license granted under Section I(a). Any copies or extracts so made or information so included will include an appropriate legend identifying the same as constituting or containing Confidential Information of Ubiquiti.

    You will use best efforts to cooperate with and assist Ubiquiti in identifying and preventing any unauthorized use, copying, or disclosure of the Confidential Information, or any portion thereof. You will notify Ubiquiti immediately in the event of any unauthorized disclosure of any Confidential Information, and will use best efforts to assist Ubiquiti in remedying such unauthorized disclosure.

III. Access to Services

  • a) Account, Password and Security. To use the UniFi Controller App, You must register for a user account ("Account") and provide certain information about Yourself as prompted by the applicable registration form. You represent and warrant that: (i) all required registration information You submit is truthful and accurate; (ii) You will maintain the accuracy of such information; (iii) Your use of the UniFi Controller App does not and will not violate any U.S. or other applicable law or regulation (e.g., You are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are responsible for maintaining the confidentiality of Your UniFi Controller App password and You are solely responsible for all activities that occur under Your Account, whether by You or any third party to whom you have granted or allowed access. You are solely responsible for any loss or damage You suffer as a result of Your failure to adequately safeguard Your password. You will immediately notify Ubiquiti of any unauthorized use of Your password or any other breach of security related to the UniFi Controller App. Ubiquiti reserves the right to require You to alter Your password if Ubiquiti believes that Your password is no longer secure. Ubiquiti is not liable for any loss or damage arising from Your failure to comply with the above requirements.
  • b) Authorized Users. You may permit the UniFi Controller App to be accessed by third parties, including your employees or independent contractors while they are employees or independent contractors (collectively, "Authorized Users") through Your Account, subject to the Terms set forth herein, including without limitation in Section II(d). You are fully responsible for the compliance with these Terms by all such Authorized Users, and by any other person or entity that may have access to the UniFi Controller App through You (whether or not such access is permitted by these Terms). For purposes of this Section, "Access" means to use on and through computers owned or leased and controlled by You, or through Your Account.
  • c) Automatic Updates. Ubiquiti may, from time to time and at its sole option, provide patches, bug fixes, corrections, updates, upgrades, support and maintenance releases or other modifications to the UniFi Controller App, including certain External Software, which items shall be deemed part of the UniFi Controller App and External Software hereunder. These may be automatically installed without providing any additional notice to You or receiving Your additional consent. You hereby consent to any such automatic updates. If You do not consent, Your remedy is to terminate your Account and stop using the UniFi Controller App. Notwithstanding the foregoing, Ubiquiti withholds the right to require You to install any patches, bug fixes, corrections, updates, upgrades, support and maintenance releases or other modifications in order to Access and use the UniFi Controller App.
  • d) Modifications to and Discontinuation of UniFi Controller App. UBIQUITI RESERVES THE RIGHT TO MODIFY THE UNIFI APP WITHOUT NOTICE TO YOU. UBIQUITI FURTHER RESERVES THE RIGHT TO DISCONTINUE THE UNIFI APP WITHOUT NOTICE TO YOU. To the extent reasonably practical, Ubiquiti will provide You with notice prior to any discontinuation, unless Ubiquiti is required to immediately discontinue the service in order to comply with any law or regulations.
  • e) Continued Development. Provision of the UniFi Controller App, including, as applicable, any External Software, under these Terms does not create any obligation for Ubiquiti to continue to develop, support, repair, offer for sale or in any other way provide or develop the UniFi Controller App or any External Software or other items. Ubiquiti is under no obligation to provide technical support under these Terms, and provides no assurance that any specific errors or faults in the UniFi Controller App, including, as applicable, any External Software, will be corrected.
  • f) Fees. Ubiquiti reserves the right at any time to charge fees for access to current or new services of the UniFi Controller App or portions thereof. In no event will You be charged for access to such services unless Ubiquiti obtains Your prior agreement to pay such fees. If You do not consent to the payment of such fees, however, You may not have access to paid services. Details regarding the services You will receive in exchange for the payment of fees, as well as any payment terms and conditions that apply, will be disclosed to You prior to Your agreement to pay such fees. All such terms will be deemed to be a part of (and are hereby incorporated by reference into) these Terms.

IV. Term and Termination

  • a) Term. These Terms will remain in full force and effect so long as You continue to access or use the UniFi Controller App, or until terminated in accordance with these Terms. You may discontinue your participation in and access to the UniFi Controller App at any time.
  • b) Termination and Suspension. WITHOUT LIMITING OTHER REMEDIES, UBIQUITI MAY (I) TERMINATE OR SUSPEND YOUR ACCESS TO OR RIGHT TO USE ALL OR PART OF THE UNIFI APP WITHOUT NOTICE OR (II) TERMINATE THESE TERMS WITH RESPECT TO YOU IF UBIQUITI DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, THAT YOU HAVE VIOLATED THESE TERMS OR HAVE ENGAGED IN ANY CONDUCT THAT UBIQUITI BELIEVES IS IN VIOLATION OF ANY APPLICABLE LAW OR REGULATION OR IS OTHERWISE HARMFUL TO THE INTERESTS OF UBIQUITI, ANY OTHER UNIFI APP USER OR ANY THIRD PARTY. In addition to Ubiquiti’s other legal rights and remedies, any unauthorized use or copying of Software or Your failure to comply with any provisions of these Terms will result in the automatic termination of these Terms without notice to You. If You transfer a UI Device to a new owner, Your right to use the UniFi Controller App with respect to that UI Device automatically terminates, and the new owner will have no right to use that UI Device or UniFi Controller App under Your Account and will need to register for a separate Account with Ubiquiti.
  • c) Consequences of Termination. Upon termination of these Terms or Your use of the UniFi Controller App, (i) Your Account and Your right to use the UniFi Controller App will automatically terminate, and (ii) You shall immediately cease using and shall destroy the Software and all other items in Your possession or control that are proprietary to Ubiquiti. Termination of these Terms or Your use of the UniFi Controller App will not affect any rights or obligations of either party accruing up to termination nor any rights or obligations which by their nature may survive termination, including, but not limited to, those set forth in Sections I(e), I(g), I(h) and IV(c) and Articles II and V-VIII.

V. Disclaimers

  • a) DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UBIQUITI DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ANY UNIFI PRODUCT OR SERVICE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR NON-INFRINGEMENT. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE UNIFI APP AND ITS FEATURES OR FUNCTIONALITY AND ANY COMMUNICATION WITH YOU IS FOR INFORMATION PURPOSES ONLY, AND DOES NOT CONSTITUTE A WARRANTY OR REPRESENTATION. WITHOUT LIMITING THE FOREGOING, UBIQUITI DOES NOT WARRANT THAT THE OPERATION, OUTPUT OR IMPLEMENTATION OF THE UNIFI APP WILL: (I) MEET YOUR REQUIREMENTS; (II) BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE OR COMPLETE; (III) BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; OR THAT (IV) ERRORS WILL BE CORRECTED BY UBIQUITI OR ANY THIRD PARTY, THAT UBIQUITI OR ANY THIRD PARTY WILL RESOLVE ANY PARTICULAR SUPPORT REQUEST OR THAT SUCH RESOLUTION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

  • b) Emergency Response; High Risk Activities. YOU ACKNOWLEDGE AND AGREE THAT THE UNIFI APP AND ANY UNIFI DEVICE, WHETHER STANDING ALONE OR WHEN INTERFACED WITH THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT CERTIFIED FOR EMERGENCY RESPONSE, AND ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. MOBILE OR OTHER NOTIFICATIONS REGARDING THE STATUS OF YOUR UNIFI DEVICES ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. YOU AGREE THAT YOU WILL NOT RELY ON THE UNIFI APP FOR EMERGENCY RESPONSE OR ANY OTHER LIFE SAFETY OR CRITICAL PURPOSES.

    NEITHER THE UNIFI APP NOR ANY UNIFI DEVICE IS DESIGNED, MANUFACTURED OR INTENDED FOR THE OPERATION OF NUCLEAR FACILITIES, AIR TRAFFIC CONTROL, EMERGENCY AND SAFETY SERVICES, HEALTHCARE FACILITIES, HOSPITALS, LIFE SUPPORT SYSTEMS OR ANY MISSION CRITICAL ENVIRONMENT, WHERE THE USE OR FAILURE OF THE UNIFI APP COULD LEAD TO DEATH, PERSONAL INJURY OR ENVIRONMENTAL DAMAGE (COLLECTIVELY, "HIGH RISK ACTIVITIES"). YOU AGREE THAT YOU WILL NOT USE THE UNIFI APP FOR ANY HIGH RISK ACTIVITIES.

  • c) Delays. You acknowledge and agree that the UniFi Controller App is intended to be accessed and used for non-time-critical information and control of UI Products, and is subject to sporadic interruptions and failures for a variety of reasons beyond Ubiquiti’s control, including, without limitation, Wi-Fi intermittency, service provider uptime and carrier failures. You acknowledge these limitations and agree that Ubiquiti is not responsible for any damages allegedly caused by the failure or delay of the UniFi Controller App to reflect current status or notifications.
  • d) Data Storage. Ubiquiti is not responsible or liable for the deletion of or failure to store or process any information or other content provided by you, including any User Submissions or Feedback, or transmitted in the course of using the UniFi Controller App. You are solely responsible for securing and backing up such submissions.
  • e) Versions. You acknowledge and agree that the UniFi Controller App provided to you under these terms may be in "beta" or test form, or otherwise not intended or completed for commercial use and may therefore contain errors, bugs or similar unstable characteristics not typical of commercially released items. Such characteristics may negatively affect the operation of previously installed software or equipment. You are advised to safeguard important data, to use caution and not to rely in any way on the correct functioning or performance of the software and accompanying materials. You acknowledge that the UniFi Controller App may be provided to you from time to time as a program participant solely for the purpose of providing Ubiquiti with feedback on the UniFi Controller App and the identification of defects.

VI. Limitation of Liability

  • a) UNDER NO CIRCUMSTANCES WILL UBIQUITI OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF MONEY, REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE UNIFI APP. IF, NOTWITHSTANDING THESE TERMS, UBIQUITI IS FOUND TO BE LIABLE, THE LIABILITY OF UBIQUITI AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS TO YOU OR TO ANY THIRD PARTY IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
  • b) Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that Ubiquiti may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Ubiquiti’s liability will be the minimum permitted under such applicable law.

VII. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS UBIQUITI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES AND FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) THAT SUCH PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM A VIOLATION OF THESE TERMS BY YOU OR ANY OTHER PERSONS WHO HAVE ACCESS TO THE UNIFI APP THROUGH YOU. YOU AGREE NOT TO SETTLE ANY SUCH CLAIM WITHOUT UBIQUITI’S PRIOR WRITTEN CONSENT. UBIQUITI RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH UBIQUITI’S DEFENSE OF SUCH CLAIM.

VIII. Miscellaneous

  • a) Government Purposes. The UniFi Controller App was developed solely at private expense and is a "commercial item" consisting of "commercial computer software" and "commercial computer software documentation" within the meaning of the applicable civilian and military Federal acquisition regulations and any supplements thereto, as amended from time to time. If the user of the UniFi Controller App is an agency, department, employee or other entity of the United States Government, consistent with FAR 12.212 and DFARS 227.7202, the use, duplication, reproduction, release, modification, disclosure and transfer of the UniFi Controller App, including technical data or manuals, is governed by the terms and conditions contained in these Terms.

  • b) Export Restrictions. You acknowledge that the UniFi Controller App is of U.S. origin. You represent and warrant that (i) You shall be solely responsible for complying with all export laws and restrictions and regulations, including but not limited to United States export regulations, such as restrictions of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC") or other foreign agency or authority’s regulations ("Export Laws"), You shall not (ii) export, or allow the export or re-export of, the UniFi Controller App in violation of any such restrictions, laws or regulations, or available in any country in contravention of any Export Laws, or any other law, nor (iii) make the UniFi Controller App available in a country for which an export license or other governmental approval is required without first obtaining all necessary licenses or other approvals. You shall obtain and bear all expenses relating to any necessary licenses and exemptions with respect to the export from the U.S. of the UniFi Controller App to any location.

    You acknowledge that the U.S. government maintains embargoes and sanctions against certain countries, currently include the Crimea region of Ukraine, Cuba, Iran, North Korea, Sudan and Syria, which may be amended from time to time, including with respect to listed countries; and that other countries may have trade laws pertaining to import, use, export or distribution of the Unifi App. You acknowledge that, in each case, compliance with the same is Your responsibility. You represent and warrant that You are not a person or entity listed on any United States Government list of prohibited or restricted parties.

  • c) Whole Agreement. These Terms, together with any applicable terms in Your UniFi Device(s), constitute the entire and exclusive and final statement of the agreement between You and Ubiquiti with respect to Your use of the UniFi Controller App, superseding any prior agreements or negotiations between You and Ubiquiti with respect to the subject matter hereof.
  • d) Assignment. You may not assign any of Your rights or obligations under these Terms without Ubiquiti’s express written consent. Ubiquiti may assign these Terms without Your consent provided that such assignment is to an affiliated company forming part of the Ubiquiti group of companies.
  • e) Governing Law and Jurisdiction. These Terms shall in all respects be governed by and interpreted under the laws of the State of New York (without regard to the conflicts of laws provisions thereof or the UN Convention on the International Sale of Goods), and the parties submit to the exclusive jurisdiction of the courts of New York, county and city of Manhattan, or the U.S. District Court for the Southern District of New York. Notwithstanding the foregoing, Ubiquiti reserves the right to institute proceedings against You in the courts having jurisdiction in the places where You reside, do business, have assets, or in any jurisdiction where a harm to Ubiquiti is occurring or has occurred. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorney’s fees. Notwithstanding anything herein, in the event You infringe or misappropriate any of Ubiquiti’s intellectual property rights, Ubiquiti is entitled to seek any permanent or temporary remedies (including, without limitation, compensation for damages, ceasing of infringement act, injunctive reliefs) against You in accordance with the applicable laws of Your resident country or the jurisdiction where such infringing act has transpired.
  • f) Waiver. The waiver by either party of any default by the other party shall not waive subsequent defaults by such other party of the same or different kind. The failure of either party to enforce the provisions hereof, at any time or for any period of time, or the failure of either party to exercise any option herein, shall not be construed as a waiver of such provision or option and shall in no way affect that party’s right to enforce such provisions or exercise such option.
  • g) Severability. If any of the provisions, either in part or in full, of these Terms is held by a court or other tribunal of competent jurisdiction to be unenforceable or invalid, such provision shall be enforced to the maximum extent possible or permissible and these Terms will be interpreted so as to give maximum effect to the original intent of the parties with respect to the unenforceable provision, and the remaining portions of these Terms shall remain in full force and effect.
  • h) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the UniFi Controller App or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  • i) Interpretation. As used herein, unless the context requires otherwise, the word "or" is not exclusive and the words "will," "will not," "shall," and "shall not" are expressions of command and not merely expressions of future intent or expectation. Whenever the words "include," "includes" or "including" are used in this Agreement, they shall be deemed to be followed by the words "without limitation." The section headings in these Terms are for convenience only and have no legal or contractual effect.

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