TERMS OF SERVICE
Information about us
1.1 iRobot Corporation (“iRobot”, “we”, “us” or “our”) is a company duly incorporated and established under the laws of the State of Delaware in the United States of America (U.S. tax ID no. 77-0259335). The Services described herein are provided by, and you are contracting with, iRobot Corporation.
Welcome to iRobot
2.1 iRobot provides: (1) an iRobot user account that may be accessed through the local iRobot site at global.iRobot.com (the “Site”), (2) services accessible through the Site (the “Web App”) and (3) software that may be downloaded to your smartphone or tablet to access services (the “Mobile Apps”), all for use in conjunction with iRobot hardware products (the “Products”) and in other ways that iRobot provides. Some iRobot products and Services can be used together or in ways that integrate with products and services from third parties. The term “Services” means the Site, Web App and Mobile Apps and are provided free of charge.
Your relationship with us
3.1 This document and any documents referred to within it (collectively, the “Terms of Service”) govern your access to and use of the Services. It is important that you read and understand the Terms of Service before using the Services. If there is anything within them that you do not understand, then please contact us at webtos@irobot.com.
3.2 By setting up an Account with us (as defined in Section 5) or using and accessing the Services you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not browse or otherwise access or use the Services.
3.3 You must be 18 years or older and capable in your country of residence of entering into legal binding agreements to use our Services. The Services are not available to any users previously prohibited from using the Services by iRobot.
Privacy
4.1 By using our Services, you agree and understand that iRobot may store, process and use the personal data collected from you. This data will be treated in conformance with iRobot’s Privacy Policy which is available here. If you wish to have access to data we hold concerning you, or if you want to make any changes, or if you do not want to receive information from iRobot, please follow the update procedure set forth in our Privacy Policy.
Setting up an account
5.1 To use the Services, you must register for a user account (your “Account”) and provide certain information about yourself as prompted by the applicable registration form. You agree that all the information you submit is true and accurate and that you will keep the information up to date.
5.2 You agree to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.
5.3 You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you agree to contact us using the contact details which we have made available for your country on the Site (global.irobot.com) straight away to let us know.
Your right to use the Services
6.1 The materials and content comprising the Services belong to us and we give you permission to use these materials and content for the sole purpose of using the Services in accordance with these Terms of Service.
6.2 We only supply the Services for domestic and private use. Your right to use the Services is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Services does not stop us from giving other people the right to use the Services.
6.3 Other than as allowed in these Terms of Service you are not given a right to use the “iRobot” name or any of the “iRobot” trademarks, logos, domain names and other distinctive brand features or intellectual property.
6.4 As part of our Services, we allow you to:
access the Site and/or Web App in connection with and for the sole purpose of controlling and monitoring the Products installed on your property, checking the status of your orders or order history or otherwise accessing a service provided by us for your use in accordance with these Terms of Service (the “Permitted Purpose”); and
install and use the Mobile Apps for use on your mobile device for the Permitted Purpose
and we grant you a non-exclusive, personal, non-transferable licence for the Permitted Purpose.
6.5 The following also applies where you acquire our Mobile Apps from the Apple App Store or use the Services in connection with a device provided by Apple (collectively, such uses are the “Application”):
you acknowledge and agree that these Terms of Service are solely between you and iRobot, not Apple, and that Apple has no responsibility for the Application or content thereof whatsoever;
your use of the Application must comply with the Apple App Store’s Terms of Service;
you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
in the event of any failure of the Application to conform to any applicable warranty, you may notify Apple and Apple will (if applicable) refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other obligation whatsoever with respect to the Application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service and any law applicable to iRobot as provider of the software;
you acknowledge that Apple is not responsible for addressing any claims you or any third party have relating to the Application or your possession and/or use of the Application and all such claims are governed solely by these Terms of Service and any law applicable to iRobot;
you and iRobot acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service and have the right to rely on these Terms of Service as it relates to your licence of the Application; and
you acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use.
6.6 You agree that you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country and you are not listed on any US Government list of prohibited or restricted parties.
6.7 Although the Site is accessible worldwide, the Products and Services provided or accessed through or on the Site are not available to all persons or in all countries. Products and Services are available only in the countries listed on the Site (global.irobot.com). If you choose to access the Site from a country in which iRobot does not support the Product and Services (“non-Target Country”), you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Site is not designed for use in a non-Target Country and some or all of the features of the Site may not work or be appropriate for use in such a country. To the extent permissible by law, iRobot accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Site or iRobot Products in a non-Target Country. You will be bound by these Terms wherever you access or use the Site or use the Services.
Services Software Updates
7.1 From time to time, we may develop patches, bug fixes, updates and other modifications to improve the performance of the Services (“Updates”). You consent to us installing these updates automatically without us providing you with additional notice. For clarity, the Product Software is not subject to these Terms of Service, but is subject to the terms of the End User Licence Agreement that is available here.
7.2 You acknowledge that you might be required to install Updates to use Services in connection with the Products and you agree to promptly install any Updates we provide.
7.3 If you do not want Updates, you must terminate your Account and stop using the Services. If you do not terminate an Account, you will continue to receive automatic Updates.
7.4 Continuing to use the Services after an Update constitutes your continued agreement to these Terms of Service.
Third Party Relationships
8.1 Third Party Products and Services
iRobot may provide the opportunity for you to interface the Products and Services to one or more third party products and services (“Third Party Products and Services”). You decide whether and with which Third Party Products and Services you want to interface and we require your explicit consent and authorisation for it, which you can revoke at any time.
You acknowledge and agree that Third Party Products and Services that you connect to your Account or Services or interface with are not iRobot products and services and you acknowledge that iRobot does not control any Third Party Products and Services.
You agree and acknowledge that iRobot makes no representation or warranty about the safety of any Third Party Products or Services and acknowledge and agree that iRobot is not responsible for your use of any Third Party Products or Services.
Use of any Third Party Products and Services is governed by separate terms and conditions by the operators of the applicable Third Party Products and Services.
For any questions about the Third Party Products and Services, you should contact the operator of that product or service.
8.2 Open Source Components
Certain third party software code may be included in the Web App or Mobile Apps that are subject to “open source” or “free software” licences (“Open Source Software”). Some of the Open Source Software is owned by third parties.
Nothing in these Terms of Service limits your rights under the terms of any relevant licence for such Open Source Software or grants you rights that supersede the terms of any relevant licence for such Open Source Software. Additional information about Open Source Software is available here.
8.3 Limitations of iRobot Services relating to third parties
General
The Services rely on or work with Third Party Products and Services. These Third Party Products and Services are beyond iRobot’s control, but their operation may impact or be impacted by the use and reliability of the Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers; and (ii) these Third Party Products and Services may not operate in a reliable manner 100% of the time and they may impact the way that the Services operate.
Third Party Service Providers
You acknowledge that iRobot uses third party service providers to enable some aspects of the Services – such as, for example, data storage, synchronisation, authentication and communication, and mobile device notifications through mobile operating system vendors and mobile carriers.
Equipment, ISP, Carrier
You acknowledge that the availability of the Services is dependent on (i) your computer, mobile device, home wiring, home Wi-Fi network and other related equipment (“Equipment”), (ii) your Internet service provider (“ISP”) and (iii) your mobile device carrier (“Carrier”). You agree that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the Services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service and other policies of your ISP and Carrier.
App Stores
You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites and applications from which you download the Mobile Apps, e.g., the App Store from Apple or the Google Play Store (each an “App Store”). You acknowledge that these Terms of Service are between you and iRobot and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your licence to use the Mobile Apps is conditional upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service apply.
Third Party Website Links and Referrals
The Site and Mobile Apps may contain links to other websites operated by third parties (“Third Party Sites”) and referrals to third party vendors (“Referred Vendors”). Such Third Party Sites and Referred Vendors are not under our control. iRobot provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to such Third Party Sites or Referred Vendors. Your use of these Third Party Sites is at your own risk.
Release
iRobot is not responsible for third parties or their products and services, including, without limitation, the App Stores, Third Party Products and Services, Third Party Sites, Referred Vendors, Equipment, ISPs and Carriers. iRobot disclaims and you discharge, waive and release iRobot and its licensors and suppliers from any past, present and future claims, liabilities and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services, even if you are unaware of a claim that might exist at the time of agreeing to this release.
Rules of Acceptable Use
9.1 In addition to the other requirements within these Terms of Service, this Section describes specific rules that apply to your use of the Services (the “Rules of Acceptable Use”).
9.2 When using the Services, you must not:
license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services;
modify, interfere, intercept, damage, disrupt or hack the Service;
access the Services to build a similar or competitive service;
circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of the content accessible via the Service;
except as stated in these Terms of Service, copy, reproduce, distribute, republish, download, display, post or transmit any part of the Services in any form or by any means;
give any false or misleading information in your account details;
engage in any illegal or unlawful conduct;
use the Service if we have suspended or banned you from using it;
misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment;
collect any data from the Service other than in accordance with these Terms of Service;
interfere with, disrupt or attempt to gain unauthorised access to the servers or networks connected to the Services or violate the regulations, policies or procedures of such networks;
access or attempt to access any of the Services by means other than through the interface that is provided by iRobot; or
remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices).
9.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service and may result in us taking all or any of the following actions (with or without notice):
immediate, temporary or permanent withdrawal of your right to use our Services;
issuing a warning to you;
legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
9.4 We may investigate any suspected breach of the Rules of Acceptable Use. During such investigation we may temporarily withdraw your right to use our Services without notice to you.
9.5 The actions described in Section 9.3 are not limited and we may take any other action we reasonably deem appropriate.
Agreed usage and limitations of iRobot Services
10.1 Intended use of iRobot Services
The Services are intended to be accessed and used for non-time-critical information and control of Products. While we aim for the Services to be highly reliable, they are not intended to be available 100% of the time. The Services may be subject to sporadic interruptions and failures for a variety of reasons beyond iRobot’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others.
10.2 Temporary Suspension
The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair or other unexpected circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. iRobot does not offer any specific uptime guarantee for the Services.
10.3 System Requirements
For Services requiring a Wi-Fi network, you will not be able to access the Services without:
a working Wi-Fi network in your home that is positioned to communicate reliably with the Products;
an Account (required for some functionality);
mobile devices such as a supported phone or tablet (required for some functionality);
always-on broadband Internet access;
other system elements that may be specified by iRobot.
For Services requiring a Bluetooth connection, you will not be able to access the Services without:
an Account (required for some functionality);
mobile devices such as a supported phone or tablet (required for some functionality) with Bluetooth connectivity;
other system elements that may be specified by iRobot.
It is your responsibility to ensure that you have all the required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.
10.4 Limitations on Information
The Services provide you information (“Product Information”) regarding the Products and their connection with other products and services. All Product Information is provided “as is” and “as available”. We do not guarantee that it is correct or up to date.
Ownership and intellectual property
11.1 You agree that all confidential information, copyright and other intellectual property rights in the Services are owned by iRobot or the people who have licensed us to use those rights. You agree that you have no rights in or to our Services other than the right to use them in accordance with these Terms of Service.
11.2 You may only copy parts of the Services (including this Site) on to your own computer for your own personal use. You may not use the content of the Services in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own web site without the written consent of iRobot. You must have a licence from us before you can post or redistribute any portion of the Services.
11.3 iRobot retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services or any content therein.
Ending our relationship
12.1 If you wish to end your use of the Services, please follow the instructions for deactivating your account in the Services.
12.2 We may immediately end your use of the Services if you break the Rules of Acceptable Use or terms and conditions we set for accessing and using the Services, including these Terms of Service.
12.3 We may also withdraw the Service at any time as long as we give you reasonable notice that we plan to do this.
12.4 If you or we end your use of the Services or we withdraw the Services, we may delete or modify your Account or any other information we hold about you. You will also lose any rights you have to use the Services. We will not offer you compensation for any losses.
12.5 If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates and the new owner will have no right to use the Product or Services using your Account and will need to register for a separate account with iRobot.
Our liability / responsibility to you
13.1 We will use all reasonable efforts to ensure that availability of the Services will be uninterrupted, without delays, and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed and our Services are provided on an “as available” and “as is” basis.
13.2 We will not be responsible for (i) losses that were not caused by any breach on our part, (ii) loss or damages resulting out of your breach of the “Rules of Acceptable Use” outlined in Section 9, (iii) any business loss (including loss of profits, revenue, contracts, business opportunities, anticipated savings, data, goodwill, business interruption or wasted expenditure) or (iv) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Services.
13.3 We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to receive Services within a reasonable time and with reasonable skill and care that are as described and match information we provide to you.
13.4 The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
13.5 Nothing in these conditions limits or excludes our responsibility for fraud or fraudulent representations made by us or for death or personal injury caused by our gross negligence or wilful misconduct.
Resolving disputes
14.1 If you have a dispute with us relating to the Services, in the first instance please contact us at global.irobot.com and attempt to resolve the dispute with us informally.
14.2 If you are based in the European Union, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform which is accessible under http://ec.europa.eu/consumers/odr/.
14.3 For Online Dispute Resolution Queries, please contact us at ODR@irobot.com.
14.4 In the unlikely event that iRobot has not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute.
14.5 We are not committed or obliged to participate in dispute resolution procedures in front of a consumer arbitration board.
Changes to the Services
15.1 We are constantly updating and improving the Services to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Services.
15.2 In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Services or feature relating to the Service (“changes to the Services”). These changes to the Services may affect your past activities on the Services, features that you use and your Product Information (“Service elements”). Any changes to the Services could involve your Service elements being deleted or reset.
15.3 You agree that a key characteristic of our Services is that changes to the Services will take place over time and this is an important basis on which we grant you access to the Services. Once we have made changes to the Services, your continued use of the Services will show that you have accepted any changes to the Services. You are always free to stop using the Services or deactivate your Account in the Services.
15.4 You agree that we will not be liable to you or to any third party for any change to the Services.
15.5 We will, where possible and reasonable, contact you to let you know if we delete, stop offering and/or supporting particular Services.
Changes to the Terms of Service and other documents
16.1 We may revise these Terms of Service from time to time but the most current version will always be available here.
16.2 Changes will usually occur because of new features being added to the Services, changes mandated by law or where we need to clarify our position on something.
16.3 We will contact you to let you know about any significant changes to these Terms of Service and any of the documents referred to therein. We may contact you through the Services (for example by showing a pop-up window before you continue to use the Services) or via a separate email.
16.4 We will set out where commercial or legally required amendments have been made and provide an explanation if it is not self-explanatory.
16.5 When contacting you about any significant changes to these Terms of Service, we will give you some notice before the new terms become effective. However, sometimes changes will need to be made immediately, for example to accommodate legal or regulatory changes, and if this happens we will not give you any prior notice, but will give you notice of the changes once they have been made. Your continued use of the Service after we have changed the Terms of Service will show that you have accepted the changes. We will set out the options available to you in the event the changes are not acceptable.
Documents that apply to our relationship with you
17.1 The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you specifically regarding the Services. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
17.2 We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Services. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.
17.3 If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
Governing Law
18.1 iRobot will try to solve any disagreements quickly and efficiently. In case we cannot find a solution to our disagreements informally and you want to initiate court proceedings, please note that these Terms of Service are governed by the laws of England and Wales, United Kingdom, in so far as such laws do not deprive you of the protection afforded to you by virtue of provisions that cannot be derogated from by agreement by virtue of the law of your country of habitual residence. Nothing in these Terms of Service affects your rights as a consumer to rely on such mandatory provisions of local law. The courts of England and Wales will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Services.
18.2 Nothing in this Section 18 shall prevent either of us from seeking injunctive (emergency) or other equitable relief from the courts for matters related to data security, intellectual property or unauthorised access to the Services.
Assignment
These Terms of Service and any associated rights or obligations, may not be assigned or otherwise transferred by you without prior written consent from iRobot. We may transfer our rights and obligations under these Terms of Service to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Terms of Service.
Notifications
iRobot may provide notifications to you as required by law or other purposes via (at its option) email to the primary email associated with your Account, hard copy, or posting of such notice as a pop up screen, banner or similar mechanism within your Account. iRobot is not responsible for any automatic filtering you or your network provider may apply to email notifications. iRobot recommends that you add @iRobot.com URLs to your email address book to help ensure that you receive email notifications from iRobot.
Contact, feedback and customer reviews
21.1 Contact
If you need to contact us in relation to the Products or Services, please visit the Site (global.irobot.com) and contact us using the contact details which we have made available for your country. If you have any questions regarding these Terms of Service or any other document mentioned in them, please email us at webtos@irobot.com.
21.2 Feedback
iRobot’s company policy does not allow it to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. Accordingly, we must request that no users of the Services submit or send any original creative materials, including but not limited to submissions of suggestions, ideas or concepts related to current or future products or business ideas. If at our request you send certain specific submissions (e.g., customer reviews) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively the “Submissions”), you grant or warrant that the owner of such material expressly grants iRobot the royalty-free, perpetual, irrevocable, sublicensable and non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, for the full term of any copyright, trademark or patent that may exist in such material for any purpose that iRobot chooses, whether internal, public, commercial or otherwise, without any compensation, credit or notice to you whatsoever. You waive all so-called “moral rights” in all Submissions. You further waive the right to make any claims against iRobot relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract or breach of confidentiality. If you are a resident of France, this Section 21.2 does not apply to you.
21.3 Customer reviews
Visitors may submit reviews as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
If you submit a review through the Services, you are granting iRobot the rights in your review set forth in Section 21.2 above. Further, you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify iRobot for all claims resulting from content you supply. iRobot has the right but not the obligation to monitor and edit or remove any activity or content. iRobot takes no responsibility and assumes no liability for any content posted by you or any third party.
Wi-Fi and the Wi-Fi logo are registered trademarks of Wi-Fi Alliance.
Bluetooth is a trademark of Bluetooth SIG, Inc.
App Store is a trademark of Apple Inc.
Google Play is a trademark of Google LLC.
This Policy was last revised on, and effective as of, 04.01.2022.