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Plain-English summary
August Home's terms contain several significant risks for users. The company enforces mandatory arbitration (risk_flags-0001) and a class action waiver, limiting your legal recourse to individual arbitration. A broad indemnification clause (risk_flags-0003) means you could be held responsible for damages resulting from your or your guests' use of the service. August also disclaims most warranties (risk_flags-0004) and is not responsible for third-party products or any damages caused by guests (gotchas-0002). Your account or service can be terminated at their sole discretion, with or without notice (cancellation_renewal-0001, cancellation_renewal-0002), and August can unilaterally change terms. The time limit to file claims is significantly shortened to one year (gotchas-0001). Additionally, the service is not an emergency notification system (gotchas-0003). Your and your guests' information may be shared broadly (data_use-0001, data_use-0003), and guests' usage is visible to the device owner (data_use-0002).
85% confidence
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Risk Flags
3 findings
Critical issues, red flags, and other highly concerning clauses around limited liability, dispute resolution, and your rights.
high95% confidence
Mandatory Arbitration
This service requires you to resolve disputes through binding arbitration, meaning you waive your right to a jury trial and participation in class action lawsuits.
Why it matters: You waive your right to sue in court and have a jury trial for certain claims. All disputes and claims arising out of, or relating to, these Terms, or your use of the Services, Licensed Software and Device (including the arbitrability of any claim or dispute and the enforceability of this section), shall be determined exclusively by final and binding arbitration.
If you are a resident of the United States, then this Arbitration section applies to you. This section includes a mandatory arbitration provision for certain claims. The claims to which this section applies are described below. This section limits your and our rights. Specifically, you understand that you and August are waiving the right to sue in court and have a jury trial for certain claims.
You agree to indemnify August for damages, claims, actions, demands, liabilities, and settlements resulting from your or your guests' use of their products and services, including negligence, willful misconduct, or violation of laws/third-party rights. You also agree not to settle any claim without August's prior written consent.
Why it matters: You are responsible for defending and holding August harmless from damages, claims, and actions stemming from your or your guests' use of their devices and services, including legal and accounting fees. You cannot settle such claims without August's written permission.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold August, its officers, directors, employees, affiliates, agents, licensors, and suppliers, harmless from and against any damages, claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, (i) your or your guests’ use of the Devices, Licensed Software, Site or Services, including without limitation your negligence, willful misconduct, (ii) your or your guests’ violation of law or third party right, or (iii) your or your guests’ violation of these Terms.
Termination and Service Changes, paragraph 17 · Citation strength: strong
medium90% confidence
Disclaimer of Warranties
The services are provided "as is" and "as available," with August and its affiliates, licensors, and suppliers expressly disclaiming all warranties and conditions, whether express or implied.
Why it matters: You receive no guarantees regarding the services' merchantability, fitness for a particular purpose, accuracy, or non-infringement. There is no warranty that defects will be corrected or that the services will meet your requirements, be compatible with your network/device, be uninterrupted, secure, or error-free, or be accurate or reliable.
THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND AUGUST AND ITS AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. AUGUST AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE.
Termination and Service Changes, paragraph 12 · Citation strength: strong
Data Use
2 findings
Clauses that describe how the company collects, uses, and shares your personal information.
medium90% confidence
Guest Data Visible to Device Owner
Guests should be aware that the owner or controller of the device may see information about their use and access of the Device and Services and may revoke or limit access rights in their discretion without notice.
Why it matters: If you are a guest, the device owner can view your usage data and may restrict or remove your access without prior notification.
Moreover, guests should be aware that the owner or controller of the device may see information about their use and access of the Device and Services and may revoke or limit access rights in their discretion without notice.
Content on the Services, paragraph 6 · Citation strength: strong
medium90% confidence
Sharing Personal Information with Other Services
By using Other Services integrated with August, you agree that August may exchange your and your guests' personal information and control data with these Other Services to enable their functionality.
Why it matters: Your personal information and control data, as well as that of your guests, may be shared with third-party products and services (Other Services) when you use them in connection with August's services. Once shared, the use of this information is governed by the third party's privacy policy, not August's.
By accessing or using these Other Services, you are consenting to the creation of an interface with such Other Services, and agreeing that August may exchange information and control data with such Other Services regarding you, your guests, your products and use of the Services, including your and your guests’ personal information, in order to enable the Other Service interface and functionality, and its use by such Other Services. Once this information is shared with the Other Services, its use will be governed by the third party’s privacy policy and not by our Privacy Policy.
Content on the Services, paragraph 9 · Citation strength: strong
Cancellation and Renewal
1 finding
Clauses that describe how to cancel the service, how renewals work, and any associated refund policies.
high95% confidence
Service Termination Without Notice
August can suspend or terminate your use of the services or access to the site at any time, with or without cause, and with or without notice.
Why it matters: Your access to the services and site can be ended by August at any time, without reason or prior warning. This means your service could be unexpectedly cut off.
We reserve the right to suspend or terminate your use of the Services or your access to the Site at any time, with or without cause, and with or without notice.
Termination and Service Changes, paragraph 1 · Citation strength: strong
Gotchas
3 findings
Potentially unfavorable clauses that may not be immediately obvious.
high95% confidence
Shortened Statute of Limitations
You agree that any claim or cause of action related to these Terms or the Services must be filed within one year after it arises, or it will be permanently barred, regardless of other statutory time limits.
Why it matters: Your legal right to file a claim against August is significantly reduced to one year from the event, potentially much shorter than standard legal statutes of limitations, meaning you could lose your right to sue if you don't act quickly.
You agree that, unless prohibited by law, any claim or cause of action arising out of or related to these Terms or the use of the Services, must be filed within one (1) year after such claim or cause of action arose or be forever barred, regardless of any time limit set forth in any statute or law to the contrary.
When you invite guests or service providers to use your device or service, you assume all responsibility for their use and any damages they may cause to you, August, or any third party.
Why it matters: You are fully liable for the actions of any guests or service providers you grant access to your August device or service, including any damage they cause. This means you should carefully select who you invite.
WHEN YOU INVITE GUESTS OR SERVICE PROVIDERS TO USE YOUR DEVICE OR SERVICE, YOU ASSUME ALL RESPONSIBILITY FOR THEIR USE, AND ANY DAMAGES THAT THEY MAY CAUSE YOU, AUGUST, OR ANY THIRD PARTY. CHOOSE YOUR INVITED GUESTS AND SERVICE PROVIDERS CAREFULLY!
Termination and Service Changes, paragraph 14 · Citation strength: strong
medium90% confidence
No Emergency Notification System
The devices and services are not an emergency notification system and should not be used in this way. August is not responsible for dispatching emergency authorities to your home in the event of an emergency.
Why it matters: You cannot rely on August's devices or services to act as an emergency notification system, and August will not dispatch emergency services to your home in case of an emergency.
Further, the Devices and Services are not an emergency notification system and should not be used in this way.
Termination and Service Changes, paragraph 6 · Citation strength: strong
Protections
0 findings
Explicit commitments and controls that benefit you.
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