Our iRobot SmartCare Terms of Service (or “Terms of Service”) is a contract between you (the customer and user of the services and related products) and us (iRobot Corporation and our affiliates, also referred to as “we” or “iRobot”) describing the replacement product subscription, access and use of the products and services we will provide to you, how we will work together with you, and other aspects of our relationship.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE PURCHASING OR USING OUR PRODUCTS AND SERVICES. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND INCLUDES IMPORTANT INFORMATION REGARDING AUTOMATIC RENEWAL, TERMINATION, AN ARBITRATION AGREEMENT, AND JURY TRIAL AND CLASS ACTION WAIVERS.
You are purchasing a subscription for the iRobot SmartCare program (“SmartCare” or “SmartCare subscription”) that includes automatic replacement service for Consumable Accessories (as defined below) used in robot maintenance. SmartCare subscriptions are available for the Roomba® s9+ robot vacuum, the Roomba® s9 robot vacuum, the Roomba® i7+ robot vacuum, the Roomba® i7 robot vacuum, or the Braava jet® m6 robot mop (each a “Product”). Your SmartCare subscription will include replacement robot accessories tailored to your Product as set forth in the following table:
Roomba® s9+ robot vacuum
Multi-Surface Rubber Brushes
AllergenLock™ Dirt Disposal Bags
Roomba® s9 robot vacuum
Multi-Surface Rubber Brushes
Roomba® i7+ robot vacuum
Multi-Surface Rubber Brushes
AllergenLock™ Dirt Disposal Bags
Roomba® i7 robot vacuum
Multi-Surface Rubber Brushes
Braava jet® m6 robot mop – Washable
Braava jet™ Hard Floor Cleaning Solution
Braava jet® m Series Washable Wet Mopping Pads
Braava jet® m Series Washable Dry Sweeping Pads
Braava jet® m6 robot mop – Single-use
Braava jet™ Hard Floor Cleaning Solution
Braava jet® m Series Wet Mopping Pads
Braava jet® m Series Dry Sweeping Pads
We collectively refer to the replacement robot accessories for the Roomba® s9+ robot vacuum, the Roomba® s9 robot vacuum, the Roomba® i7+ robot vacuum and the Roomba® i7 robot vacuum as “Vacuum Consumable Accessories.” We collectively refer to the washable and single-use robot accessories for the Braava jet® m6 robot mop as “Mop Consumable Accessories” and collectively with Vacuum Consumable Accessories as “Consumable Accessories.” SmartCare is associated with only one registered Product. SmartCare cannot be transferred or gifted. During your active SmartCare subscription, Consumable Accessories for your Product will be shipped to you periodically based on modeled usage. If your Product is not connected to the Internet, SmartCare may not work as described or may be interrupted. The rate at which Consumable Accessories are provided will vary based on usage and you may receive some Consumable Accessories more or less frequently than others. We reserve the right to limit the number of Consumable Accessories provided as part of SmartCare. Consumable Accessories will automatically ship to the shipping address you provide during checkout. If your address changes, it is your responsibility to update your address by calling our customer care team at (800) 677-1088 (See Section 3(c) - Payment and Shipping Information.).
To realize the full value of SmartCare, you must maintain and take care of your Products as outlined in the applicable Owner’s Guide.
SmartCare begins on the date of your initial purchase after payment and will automatically renew every month unless terminated (See Section 4 – SmartCare Term, Termination, and Returns and Refunds).
We may modify SmartCare from time to time, including by adding or deleting products, services, features, and functions. When possible, we will provide thirty (30) days’ notice of material changes via email. If you need assistance with SmartCare, your account, or you have questions regarding your fees and billing process, please contact iRobot’s customer care team at (800) 677-1088.
2. SmartCare Eligibility and Restrictions on Use
SmartCare is only available to iRobot customers in the United States and an iRobot account is required for activation. SmartCare is associated with a Product and is only for personal, residential, non-commercial use. You must be 18 years of age or older to subscribe to SmartCare. iRobot reserves the right to determine SmartCare eligibility using its sole discretion.
You may not rent, resell, transfer, assign or commercially exploit SmartCare, including any of the Consumable Accessories, to any third party without our permission. You may not copy, modify, or distribute the contents or any portion of the iRobot websites or our App without our prior written consent.
You also acknowledge and agree that you will use SmartCare and the Consumable Accessories in good faith and an acceptable manner. You will not attempt to gain unauthorized access to SmartCare or access an iRobot account other than through our interface. Please also refer to our standard Terms and Conditions and our End User License Agreement for additional restrictions on Product features and uses.
Except as otherwise noted, iRobot is the owner of all content, materials, trademarks, and service marks on or in SmartCare or the Consumable Accessories, whether registered or not. iRobot expressly forbids the unauthorized use of its logos, trademarks, or other graphics.
You will not export or re-export, directly or indirectly, the Consumable Accessories or any technical information related thereto, to any destination or person prohibited or restricted by applicable law, including, without limitation, United States export control laws and regulations.
iRobot reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue SmartCare or any Consumable Accessories; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all purchases; and (iv) refuse to provide any user with any product or service.
3. SmartCare Subscription Fees and Payment
(a) SmartCare Fees. SmartCare requires a monthly-recurring subscription fee (the “Subscription Fee”). Your Subscription Fee will be charged on the date of your initial purchase and will begin a Term (as defined in Section 4). The payment method listed in your iRobot account on www.irobot.com will be automatically charged a Subscription Fee for each subsequent Term unless your SmartCare subscription is terminated by either party in accordance with Section 4 – SmartCare Term, Termination, and Returns and Refunds below. By accepting this Agreement, you agree that your payment method will be charged on a recurring basis and accept the amount of the recurring charges. Further, you agree that iRobot or our payment processor may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before iRobot reasonably could act. Information on how to terminate is described in Section 4 – SmartCare Term, Termination, and Returns and Refunds.
All Subscription Fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of SmartCare.
We may modify the Subscription Fee or a portion thereof at any time and will provide thirty (30) days’ notice via email before such fee changes will take effect. We reserve the right to adjust pricing for SmartCare or any components thereof in any manner and at any time as we may determine in our sole discretion, and to honor certain prices and/or promotions or grandfather certain legacy subscription fees in our sole discretion. We may increase your fees when you upgrade products or services, subscribe to additional features or products, or as otherwise agreed between us. If you do not agree to a Subscription Fee modification, your sole option will be to terminate your SmartCare subscription (See Section 4 – SmartCare Term, Termination, and Returns and Refunds).
(b) Payment by Credit or Debit Card. If you are paying by credit or debit card, you authorize us to charge your credit card or bank account for the Subscription Fee at the beginning of each Term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. We are not responsible for any bank fees or other charges incurred by you as a result of attempts to charge or place holds on your specified payment method.
(c) Payment and Shipping Information. You will keep your contact information, billing and shipping information and credit card (or other payment method) information up to date. You are responsible for the security of your iRobot account and passwords and will be solely liable for any use or unauthorized use of your SmartCare subscription under these accounts or passwords. You agree to notify us immediately of any unauthorized access to or use of your iRobot account or password or any other breach of security.
If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your SmartCare subscription may be suspended or terminated. You represent and warrant that you have the right to use any payment method that you choose to use. You can modify your payment information and shipping address by calling our customer care team at (800) 677-1088. All payment obligations are non-cancelable, and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance of a Term.
4. SmartCare Term, Termination, and Returns and Refunds
Your SmartCare subscription will begin on the date of your initial purchase and include one calendar month of service, and, thereafter, your SmartCare subscription will automatically renew every month (each period shall be referred to as a “Term”) until your SmartCare subscription is terminated as set forth in this Section 4. For example, if your initial purchase is on January 8th, your SmartCare subscription will renew and your payment method will be charged on February 8th for the next Term that begins on February 8th, or if your initial purchase is on January 31st, your SmartCare subscription will renew and your payment method will be charged on last calendar day of February (February 28th or February 29th as applicable). Your Subscription Fees are non-refundable and, unless terminated as set forth in this Section 4, your SmartCare subscription will automatically renew for a Term and your payment method on file will be charged.
You or we may suspend or terminate your SmartCare subscription at any time, for any reason or for no reason, including if, in our opinion, you have violated any provision of this Agreement. We may also impose rules for and limits on the use of SmartCare or restrict your access to part, or all, of SmartCare without notice or penalty, and your continued use of SmartCare will constitute your acceptance of any such changes. We have the right to disable any account, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason. iRobot reserves the right to return, maintain, or delete your data upon termination of your SmartCare subscription without notice to you.
If you decide not to renew, you may terminate your SmartCare subscription either via telephone at (800) 677-1088 or by sending an email to SmartCare@irobot.com with the following email text: “I hereby give notice that I cancel my SmartCare subscription associated with this email address.” from the email address provided in your iRobot Account at www.irobot.com. You or we must give notice of termination and non-renewal to prevent a new Term and prevent payment of the next Subscription Fee. If you terminate via telephone or email, you must terminate at least five (5) business days before your next Term to prevent the next Term and payment of the next Subscription Fee. We reserve the right to terminate your SmartCare subscription without notice for a material breach of this Agreement or if we determine in our sole discretion that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers and users.
Once terminated, your SmartCare subscription will remain active through your then-current Term and termination will be effective on the last day of the then-current Term. Once your SmartCare subscription is terminated and your final Term concludes, SmartCare will cease and you will no longer receive automatic shipments of Consumable Accessories. If you terminate SmartCare in error or wish to reactivate SmartCare, please contact our customer care team at (800) 677-1088. Your date of reactivation will begin your next Term.
Subscription Fees are prepaid, non-refundable, and will not be prorated upon termination. When you terminate your SmartCare subscription, you are cancelling only future Subscription Fees. Consumable Accessories are not returnable or refundable. At any time for any reason, we may provide a refund, discount, or other consideration (“Credits”) to some or all of our users. The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future.
We will provide you with notice of non-payment of any amount due via email. Unless the full Subscription Fee has been paid, we may suspend your access to any or all of SmartCare one (1) week after such notice. We will not suspend your SmartCare subscription while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If your SmartCare subscription is suspended for non-payment, we may charge a re-activation fee to reinstate your SmartCare subscription.
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us (and/or our officers, directors, employees, shareholders, agents, service providers, licensors, affiliates, successors or assigns, or any party involved in the creation, production or transmission of SmartCare) by a third party not affiliated with us to the extent that such Action is based upon or arises out of: (a) unauthorized or illegal use of SmartCare, including Consumable Accessories, by you or your affiliates; (b) your or your affiliates’ noncompliance with or breach of this Agreement, (c) your or your affiliates’ use of third-party products, or (d) the unauthorized use of SmartCare by any other person. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses and iRobot doing so will not excuse your indemnity obligations.
6. Disclaimers; Limitation of Liability
Disclaimer of Warranties. THIS DISCLAIMER OF WARRANTIES DOES NOT APPLY TO OR AFFECT YOUR CONSUMABLE ACCESSORIES, EACH OF WHICH IS SUBJECT TO ITS MANUFACTURER’S LIMITED WARRANTY, IF ANY. PLEASE REFER TO THE APPLICABLE WARRANTY INFORMATION PROVIDED WITH YOUR CONSUMABLE ACCESSORIES FOR ADDITIONAL INFORMATION.
WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, QUALITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, COMPLETENESS OR ACCURACY OF SMARTCARE, DATA MADE AVAILABLE FROM SMARTCARE, OR iROBOT CONTENT. WE DO NOT WARRANT THAT SMARTCARE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO COMMITMENT OR ASSUME ANY DUTY TO UPDATE ANY CONTENT OR ASPECT OF SMARTCARE. TO THE EXTENT PERMITTED BY LAW, SMARTCARE AND iROBOT CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO SMARTCARE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Limitation of Liability. IF YOU ARE IN ANY WAY DISSATISFIED WITH SMARTCARE OR ANY PART THEREOF, INCLUDING, BUT NOT LIMITED TO, A CONSUMABLE ACCESSORY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SMARTCARE AND THE CONSUMABLE ACCESSORIES AND TERMINATE YOUR SMARTCARE SUBSCRIPTION. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SERVICE PROVIDERS, LICENSORS, AFFILIATES, SUCCESSORS OR ASSIGNS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF SMARTCARE, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR SMARTCARE, WHETHER AN ACTION IS IN WARRANTY, CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER ALL SUCH PARTIES SHALL NOT BE LIABLE FOR ANY WEBSITE OR THIRD PARTY FEATURE LINKED TO OUR WEBSITES OR APP, OR THE INFORMATION OR MATERIALS CONTAINED ON ANY OR ALL SUCH THIRD PARTY WEBSITES AND FEATURES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY CLAIMS OR CLAIMS FOR CONSUMER FRAUD.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, iROBOT OR ITS AFFILIATES IS DETERMINED TO HAVE ANY LIABILITY TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF iROBOT AND ITS AFFILIATES WILL BE LIMITED TO A SUM EQUAL TO THE TOTAL AMOUNTS PAID OR PAYABLE BY YOU FOR SMARTCARE IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
Third Party Products. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE.
Agreement to Liability Limit. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE SMARTCARE TO YOU.
7. Dispute Resolution
Resolving Disputes. If a dispute should arise between you and iRobot, we want to provide you with a resolution that is efficient and cost effective by using our customer care team. Almost all customer disputes can be resolved to the customer’s satisfaction by contacting our customer care team via telephone at (800) 677-1088. If your dispute cannot be resolved with our customer care team, this Agreement describes how we shall proceed with the resolution of the dispute.
AGREEMENT TO ARBITRATE DISPUTES. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.
THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE. You and iRobot agree to resolve any claims relating to this Agreement through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate iRobot’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances iRobot may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein.
WHAT IS ARBITRATION? Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this Section 7. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to this Agreement shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Arbitration Rules”). If there is a conflict between Arbitration Rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. The Arbitration Rules and instructions for how to initiate an arbitration are available from JAMS at www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or iRobot must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the Arbitration Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and iRobot will pay all other administrative costs and fees. In addition, for claims of less than $1,000, iRobot will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, Massachusetts, or any other location we mutually agree to, subject to Massachusetts law. The arbitrator may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR. The arbitrator will decide the rights and liabilities, if any, of you and iRobot, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and iRobot. The arbitrator’s decision may be entered as a judgment in a court of competent jurisdiction.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and iRobot in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND iROBOT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE. You can decline this agreement to arbitrate by emailing iRobot at email@example.com and providing the requested information as follows (the “Opt-Out Notice”): (1) your name; (2) the URL of this Agreement which includes our agreement to arbitrate disputes; (3) your address; (4) your phone number; (5) and a clear statement that you wish to opt-out of this arbitration provision in this Agreement. The Opt-Out Notice must be emailed no later than thirty (30) days after the date you first accept this Agreement.
CHOICE OF LAW/FORUM SELECTION. In any circumstances where this agreement to arbitrate disputes permits the parties to litigate in court, this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a state court of competent jurisdiction located in Massachusetts or federal court of competent jurisdiction in the District Court of Massachusetts.
We may update and change any part of this Agreement at any time by updating this page. If there are material changes to this Agreement, we will make reasonable efforts to notify you via email. The updated Agreement will become effective and binding when posted. We encourage you to review this Agreement periodically. If you do not agree with a modification to this Agreement, you must notify us in writing via email or mail within thirty (30) days after the modification is posted. If you give us this notice, SmartCare will continue to be governed by the terms and conditions of this Agreement prior to modification for the remainder of your current SmartCare term. Upon renewal, the version of this Agreement published by us at www.irobot.com/smartcare/terms will apply. By continuing to use SmartCare after such changes, you are expressing your acknowledgement and acceptance of the changes.
The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of this Agreement is found to be partially or wholly invalid, illegal, or unenforceable, such provisions shall be modified or restricted to the extent and in the manner necessary to render them valid, legal and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of a court of law or arbitrator. If such provisions cannot under any circumstances be modified or restricted, they shall be removed from this Agreement without affecting the validity, legality, or enforceability of any of the remaining provisions.
No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
All terms in this Agreement that by their nature would survive termination of this Agreement (for example, terms related to limits on iRobot’s and its affiliate’s liability, your indemnification, applicable law, and your payment obligations for SmartCare) will survive termination.
Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; shipping, electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
Notices to iRobot should be sent to the appropriate email or mailing address set forth above; if none specified, please send to iRobot Corporation, 8 Crosby Drive, Bedford, MA 01730, Attn: Legal Department. All notices to iRobot will be deemed delivered as of the date of actual receipt. Notices to you will be provided to you via your email address provided in your iRobot account at www.irobot.com. We may also need to contact you by telephone or mail. You must keep all account information current.
If you do not understand any part of this Agreement or if you have any questions or comments, we invite you to contact our customer care team via telephone at (800) 677-1088.
The iRobot SmartCare Terms of Service were last revised on, and are effective as of, March 22, 2021.