Best Buy Insignia Connect
Terms of Service
Welcome to Best Buy and the Insignia Connect app. The Insignia Connect mobile and iPad apps ("CONNECT APP") allow you to control and communicate with your connected Insignia smart devices ("CONNECT Smart Devices") through internet-based services, websites, and software (collectively, the "Service"). These terms govern and describe the Service and other benefits that we will provide to you in connection with CONNECT Smart Devices and the CONNECT APP, and by using the CONNECT APP, its related CONNECT Smart Devices, and the Service, you are agreeing to these terms and conditions ("Terms").
- The Service.
These Terms govern and describe the Service we will provide you under the Insignia CONNECT APP and associated CONNECT Smart Devices. We will provide the Service to the person who downloaded the CONNECT APP and is a registered user ("User"). The words "we", "us", "our" and "Best Buy" refer to Best Buy Stores, L.P. and/or its affiliates and its or their employees or third-party service providers. "You" or "your" refers to the User.
This is a legal agreement and by using the Service you are agreeing to these Terms. The following items are just some of the provisions described within these Terms. If you do not agree, you should not use the Service:
- You are responsible for ensuring that you comply with any applicable laws when you use the Service, including the recording or sharing of video or audio content that includes third parties, which may require you to provide notice of such recording
- The Service has critical limitations and is not appropriate for critical uses and life safety applications
- The Service collects home network and device-related information detected by the CONNECT Smart Devices
- You are consenting to the use of arbitration to resolve disputes rather than jury trials or class actions
- You are consenting to automatic software updates of both the CONNECT Smart Devices and any related internet-based services
- What's Included in the Service?
The Service primarily consists of the CONNECT APP and a series of CONNECT Smart Devices (sold separately). The CONNECT APP is used to control your CONNECT Smart Devices on your premises from wherever you are. Each CONNECT Smart Device has its own unique features and functionality. Some of these devices utilize additional software and internet-based services. Each CONNECT Smart Device may offer users different levels of services. Most of the devices will provide standard functionality at no additional charge. The software and services associated with the CONNECT Smart Devices (e.g., configuration, operating, viewing and reporting) are part of the Service and are covered under these Terms.
- What's Not Included?
The Service does not include, among other things, the following: (a) CONNECT Smart Devices (it is the responsibility of the User to purchase those devices separately); (b) installation and setup of the CONNECT APP and the CONNECT Smart Devices (these components are designed to be installed and setup by the User); (c) connectivity to any emergency responders (e.g., police, fire or medical emergency responders); (d) a burglar or fire alarm system, (e) training or education, (f) data backup or the recovery or installation of data, software, information, or other files stored on any device, or (g) internet service to the User's premises or services relating to resolution of issues arising from the internet service provider, or any home network support. You are responsible for all third-party products and services that are not included as part of the Service.
- Obtaining, Modifying and Terminating the Service and an Account.
- My Best Buy Program. As a condition to membership in this Service, the User must establish and/or maintain a My Best Buy account. There is no cost to have a My Best Buy account but there are various benefits. Learn more about these benefits by visiting BestBuy.com/MyBestBuy. The My Best Buy program is subject to the legal terms at BestBuy.com/MyBestBuyTerms. If the My Best Buy account linked to this Service is closed at any time for any reason, you may lose access to the Service and/or we may, at our option, cancel the Service.
- Modification. Best Buy reserves the right, at any time, to modify, suspend, or discontinue all or part of the Service with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.
- Term. These Terms, as may be modified by us from time to time upon notification, will remain in full force and effect so long as you continue to access or use the Service, or until terminated in accordance with the provisions of these Terms (the "Service Term").
- Termination. At any time, we may terminate the Service if we in good faith believe that you have used the Service in violation of these Terms.
- No Service Transfer. You are prohibited from transferring the Service to a new user under your account. A new user will need to register for a separate account with Best Buy and re-register any CONNECT Smart Devices.
- Access to and Use of the Service.
- Rights. Subject to these Terms, we grant you a non-transferable, non-sublicensable, non-exclusive, right to access and use the Service during the Service Term by (i) installing and using the CONNECT APP on your mobile device, (ii) using the CONNECT APP to control and monitor the CONNECT Smart Devices connected to your CONNECT APP, and (iii) using the CONNECT APP to access internet-based services associated with certain CONNECT Smart Devices. You agree that your purchase of CONNECT Smart Devices and your agreement hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by us regarding future functionality or features. The rights specified above include our grant to the User of a limited, non-transferable, non-sublicensable, non-exclusive license to execute one copy of the software on each CONNECTED Smart Device owned by the User, in executable object code form only, solely for use in conjunction with the CONNECTED Smart Device for your personal, non-commercial purposes.
- Your Responsibilities. You agree that any updates and additional features of the Service shall be subject to these Terms. You shall (i) be responsible for compliance with these Terms for any person accessing your account, (ii) be responsible for the accuracy, quality and legality of User Content (defined below) and of the means by which you acquired your content, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Service, and notify us promptly of any such unauthorized access or use, (iv) maintain the confidentiality of your account login credentials and for all activities that occur under your account, and (v) use the Service only in accordance with applicable laws and government regulations.
- Restrictions. You shall not (a) make the Service available to anyone other than the User, (b) sell, resell, rent or lease the Service or the Content (defined below) (c) use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use the Service to store or transmit malicious code, (e) interfere with or disrupt the integrity or performance of the Service or third-party data contained therein, or (f) attempt to gain unauthorized access to the Service or its related systems or networks. Additionally, you shall not (i) modify, copy or create derivate works based on the Service or the Content, (ii) copy, frame or mirror any part or content of the Service, other than copying or framing on your own intranets or otherwise for your own purposes, (iii) reverse engineer the Service, or (iv) access the Service in order to (a) build a competitive product or service, (b) build a product or service using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. Further, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
- Video and Audio Processing. The Insignia Connect Wi-Fi Camera streams audio and video to the cloud when it detects motion. You give us the right, without any compensation or obligation to you, to access and use your video and audio recordings for the limited purposes of providing the Service, protecting you, improving our products and services, and developing new products and services.
- Automatic Software Updates. In most cases, Best Buy will release new upgraded versions of the CONNECT APP and you will choose to upgrade or not. In certain cases, Best Buy may have a forced upgrade that requires you to download the new version and the previous versions will no longer supported. For updates to backend systems associated with the CONNECT APP, you consent to us automatically providing updates to the software included within the Service, including updates to the CONNECT Smart Devices. These updates may be installed without providing any additional notice. Your continued use of the Service following updates is your agreement to these Terms.
- Notifications. We may provide notifications to the User as required by law or for marketing or other purposes via email, hard copy, or posting of such notice within the CONNECT APP or on our website.
- Service Plans.
- Insignia Connect Wi-Fi Camera. When you purchase an Insignia Connect Wi-Fi Camera you will be provided a free basic service which automatically sends to our servers for storage any video streams and/or audio recording captured by the registered Insignia Connect Wi-Fi Camera installed on your premises ("Free Basic Service"). Such free service includes viewing access to 30 motion clips of the most recent recordings over a rolling 24-hour period, accessible by the CONNECT APP and stored on a central server for up to 30 days from the date of capture. The features of the Free Basic Services are subject to change at our sole discretion.
- Disclosure to Law Enforcement. You acknowledge and agree that Best Buy may access, use, preserve and/or disclose your video recordings to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if we have a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with legal process or request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Best Buy, its users, a third party, or the public as required or permitted by law. Best Buy also reserves the right, but shall not be obligated, to remove any User Content from our servers at any time in its sole and absolute discretion.
- Proprietary Rights.
- The Service is licensed to you, not sold, under these Terms. You acknowledge that all intellectual property rights contained in the Service are owned by Best Buy or its affiliates or our licensors. Your possession, access, and use of the Service does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Best Buy and its affiliates and licensors and suppliers reserve all rights not expressly granted in these Terms.
- All content included on or comprising the Service, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and Best Buy owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Service, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. You may not remove or modify any copyright, trademark or other proprietary notice contained in any Content. The Best Buy and Geek Squad logos and other trademarks on the Service are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Best Buy and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
- We shall have, and you agree to grant and do hereby grant to us, a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the functionality and operation of the Service.
- Open Source Software.
Certain items of software included with the Service are subject to open source licenses ("Open Source Software"). Some of the Open Source Software is owned by third parties. Each item of Open Source Software is licensed under the end user license that accompanies such Open Source Software and is not subject to the terms and conditions of these Terms. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, such Open Source Software, and our modifications to that Open Source Software, will be available by calling us at 1-877-467-4289.
- User Content.
- You are solely responsible for all content (including, without limitation, video, images, and audio) that you capture, upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Service, or that you contribute in any manner to the Service ("User Content"); you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it; and you license to us all proprietary rights in and to such User Content for publication on the Service pursuant to these Terms.
- We reserve the right to remove any User Content from the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all.
- You acknowledge that all Content and User Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
- Limitations of Service and Intended Use.
- You are responsible for providing the following components for the Service to operate: (i) a working Wi-Fi network on your premises that is capable of communicating reliably with the CONNECT Smart Devices; (ii) Internet access on your premises with sufficient bandwidth to support the Service; (iii) a My Best Buy account; (iv) a mobile device capable of installing and operating the Insignia Connect app; and (v) other system elements that may be specified by Best Buy for the various CONNECT Smart Devices.
- We shall not be liable for any failure or delay in performance due to any cause beyond our control. We reserve the right to refrain from providing the Service, wholly or in part, on the basis that the minimum system requirements are not met, as determined by us.
- YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICE FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. You acknowledge and agree that the Service is not certified for emergency response. We make no warranty or representation that use of the Service will affect or increase any level of safety. We do not guarantee that the Service, including any notifications or alerts, are accurate, reliable, always available, timely, or complete. The Service is provided for informational purposes only. You agree that Best Buy is not responsible for any damages caused by the failure or delay of the Service, regardless of whether such failure or delay is within our control. All life safety and emergency events should be directed to the appropriate response services.
- The Service may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions.
- For certain CONNECT Smart Devices, we provide information regarding energy consumption. We do not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Service or any feature.
- You warrant, represent and agree that you will not contribute any User Content or otherwise use the Service in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; or (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable.
- Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)
If you believe that your copyrighted material may have been infringed, please provide the Best Buy Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your e-mail address
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
The Best Buy designated agent to receive notifications of claimed infringement can be reached by:
Mail: DMCA Agent Best Buy Solutions, Inc. B6-Legal Dept. 7601 Penn Ave. S Richfield, MN 55423
For additional information regarding this procedure, please reference 17 USC 512.
- Data Collection and Privacy.
- Data protection and privacy laws where you live may impose certain responsibilities on you and your use of the Service. You agree that you are responsible for ensuring that you comply with any applicable laws when you use the Service, including but not limited to (i) any laws relating to the recording or sharing of video or audio content that includes third parties, or (ii) any laws requiring notice to or consent of third parties with respect to your use of the Insignia Connect Wi-Fi Camera.
- DISCLAIMER OF WARRANTIES; SUBROGATION WAIVER.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. YOUR USE OF THE SERVICE AND ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE/HOME NETWORK/COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THE SERVICE IS NOT AN ALARM SYSTEM, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ITS ABILITY TO DETECT OR PREVENT SUCH EVENTS. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL ALWAYS OPERATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU WAIVE ALL SUBROGATION AND OTHER RIGHTS OF RECOVERY AGAINST US THAT ANY INSURER OR OTHER PERSON MAY HAVE. YOU AGREE THIS SUBROGATION WAIVER IS NOT AN EXCULPATORY PROVISION BUT INSTEAD A RISK-SHIFTING PROVISION.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, OR REPRODUCING ANY DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM OUR OBLIGATIONS UNDER THESE TERMS;
- WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THE REQUIREMENTS OF SECTION 5(B); AND
- OUR TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF TWO (2) TIMES THE FEES ACTUALLY PAID BY YOU FOR THE APPLICABLE SERVICE PLAN IN THE PRIOR 12 MONTHS, IF ANY, OR THE AMOUNT ACTUALLY PAID BY YOU FOR THE CONNECT SMART DEVICES AT ISSUE.
THE LIMITATIONS IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY CAUSED BY OUR GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD.
- Dispute Resolution.
You and Best Buy each agree that, except as otherwise noted below, any dispute or claim arising out of or relating in any way to these Terms, or to any products or services sold or distributed by Best Buy, whether in-store, in your home, over the phone, or online, including, but not limited to, the advertising of or sales practices relating to such products and services, delivery, installation, and any communication, by whatever means, between you and Best Buy, will be resolved by binding, individual arbitration, rather than in court. Disputes and claims that are within the scope of a small claims court's authority are exempt from this dispute resolution provision, so long as they are brought individually.
BY AGREEING TO ARBITRATION, YOU AND BEST BUY UNDERSTAND THAT EACH IS AGREEING TO WAIVE ITS RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND ITS RIGHTS UNDER THIS CONTRACT. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE TERMS AS A COURT WOULD.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (AAA) describing your claim and serve a copy of the demand on our registered agent CT Corporation System, Inc., 100 South Fifth Street, Suite 1075, Minneapolis, MN 55402. The arbitration will be conducted by the AAA under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and the form for filing an arbitration claim are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees (but not any attorney's fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. Likewise, Best Buy will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. Any claim that all or part of this class action waiver provision is invalid or unenforceable may be determined only by a court and not by an arbitrator. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class or representative action must be brought in a court of proper jurisdiction and not in arbitration. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF MINNESOTA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES OR CLAIMS BETWEEN YOU AND BEST BUY.
- Electronic Delivery; Notices.
You agree to receive electronic delivery of the Terms, which shall be deemed to have been delivered to you, (a) when you use the Insignia Connect mobile application by their availability via an in-app notification or a link in the mobile application, and (b) when you purchase a Service Plan by its availability at connect.insigniaproducts.com/app/assets/learn-more-wifi-camera.html. Further, you also agree that we may send you any notice contemplated under the Plan by email to the email address you have provided to us or to the postal address we have on file for you or via messaging within the mobile application.
- Entire Agreement.
These Terms constitute the entire agreement between you and us with respect to the services and benefits provided to you under the Service and will prevail over any conflicting, additional, or other terms of any marketing collateral or other document or expression. Employees and agents of Best Buy have NO AUTHORITY (apparent, express, implied, or otherwise) to alter or modify the terms and conditions of the Service - either orally or in writing.
Updated: September 24, 2018