Terms and Conditions

Last Updated 1/30/2024

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of www.insteon.com and forum.insteon.com (the “Websites”), Insteon mobile applications (the “Mobile Applications”) and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Insteon Technologies, Inc (“Insteon,” “we,” “us,” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User,” “you,” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICES. You acknowledge that this Agreement is a contract between you and Insteon, even though it is electronic and is not physically signed by you, and it governs your use of the Services.

By using the Services you also agree to our Privacy Policy.

Accounts and Membership

You must be at least 13 years of age to use the Services. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Billing and Payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange happens over a TLS secured communication channel and is encrypted and protected with digital signatures, and the Websites are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Disclaimer of Warranty

You agree that such Services are provided on an “as is” and “as available” basis and that your use of the Services is solely at your own risk. We expressly disclaim all 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 Services will meet your requirements, or that the Services 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 Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Services is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Insteon, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Insteon and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Insteon for the prior one-month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Return / Refund Policy

Product Refunds

The following covers the refund policy associated with physical products (“Products”). For policies relating to subscriptions and services, please see Insteon Service Products.

All Products must be returned within 30 days of the shipped date, in new condition and in the original packaging (refunds exclude shipping fees).
Credit card purchases will be refunded back to the original card.
After 30 days of the shipped date, no refunds will be processed by Insteon. If the Product is defective, requires an exchange or falls under warranty, Insteon will direct you to customer support for further information.
Insteon does not in any way imply that a manufacturer will provide a refund, exchange or warranty claim.

Defective Products / Exchanges / Warranty Issues

Defective Products returned within 30 days of the shipped date will be replaced at no cost to you and Insteon will pay all shipping expenses relating to the replacement of defective products.
After 30 days of the shipped date, no exchange will be processed by Insteon. If the product is defective, requires an exchange or falls under warranty, please contact Insteon customer support at support@insteon.com for further information.
Insteon does not in any way imply that the manufacturer will provide a refund, exchange or warranty claim.

Clearance Products

Clearance Products are not eligible for refund or exchange – all sales are final.

Insteon Service Products

Service products consist of subscriptions to access your Insteon Hub account and connected devices from Insteon mobile apps as well as associated third-party integrations such as Amazon Alexa and Google Assistant.

You may cancel your paid 1- or 2-Year Access service by contacting us at orders@insteon.com at any time. After cancellation, you will continue to have access to the service until the last day of your subscription period. After this period ends, access to the Insteon Hub service will no longer be accessible to you.

You may reinstate a cancelled subscription at any time, including while your previously cancelled subscription is still active. You will not be charged until the currently active subscription expires and fees for the next period are due.

Insteon Product Warranty

Most Insteon products carry a two year warranty and may be returned or exchanged by contacting Insteon Support at support@insteon.com. However, some third-party products will be clearly identified at the bottom of the product webpage with a statement substantially in the form of the following: “Insteon does not accept returns or issue refunds for this product – any defective exchanges or warranty claims for this product must be obtained directly through the manufacturer. Insteon does not in any way imply that the manufacturer will provide a refund for the product.”

Prohibited Uses Policy

Prohibited Activities and Uses

You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Prohibited Uses Policy:

Distributing malware or other malicious code.
Disclosing sensitive personal information about others.
Collecting, or attempting to collect, personal information about third-parties without their knowledge or consent.
Distributing pornography or adult related content.
Promoting or facilitating prostitution or any escort services.
Hosting, distributing or linking to child pornography or content that is harmful to minors.
Promoting or facilitating gambling, violence, terrorist activities or selling weapons or ammunition.
Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications.
Managing payment aggregators or facilitators such as processing payments on behalf of other businesses or charities.
Facilitating pyramid schemes or other models intended to seek payments from public actors.
Threatening harm to persons or property or otherwise harassing behavior.
Manual or automatic credit card or other available payment methods testing using bots or scripts.
Misrepresenting or fraudulently representing products or services.
Infringing the intellectual property or other proprietary rights of others.
Facilitating, aiding, or encouraging any of the above activities through the Services.

System Abuse

Any User in violation of the Services security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:

Use or distribution of tools designed for compromising security of the Services.
Intentionally or negligently transmitting files containing a computer virus or corrupted data.
Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures.
Unauthorized scanning or monitoring of data on any network or system without proper authorization of the owner of the system or network.

Service Resources

You may not consume excessive amounts of the resources of the Services or use the Services in any way which results in performance issues or which interrupts the Services for other Users. Prohibited activities that contribute to excessive use, include without limitation:

Deliberate attempts to overload the Services and broadcast attacks (i.e. denial of service attacks).
Engaging in any other activities that degrade the usability and performance of the Services.
Hosting or running malicious code or other scripts or processes that adversely impact the Services.
Operating a file sharing site or scripts for BitTorrent or similar, which includes sending or receiving files containing these mechanisms.
Web proxy scripts, such as those that allow anyone to browse to a third-party website anonymously, are prohibited.

No Spam

You may not use the Services to send spam or bulk unsolicited messages. We maintain a zero-tolerance policy for use of the Services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).

Your products or services advertised via SPAM (i.e. Spamvertised) may not be used in conjunction with the Services. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or newsgroups.

Sending emails through the Services to purchased email lists (“safe lists”) will be treated as SPAM.

Defamation and Objectionable Content

We value the freedom of expression and encourage Users to be respectful with the content they post. We are not a publisher of User content and are not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which we may find objectionable, should be censored. However, we reserve the right to moderate, disable or remove any content to prevent harm to others or to us or the Services, as determined in our sole discretion.

Copyrighted Content

Copyrighted material must not be published via the Services without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we may, at our discretion, run an investigation and, upon confirmation, may remove the infringing material from the Services. We may terminate the Service of Users with repeated copyright infringements. Further procedures may be carried out if necessary. We will assume no liability to any User of the Services for the removal of any such material. If you believe your copyright is being infringed by a person or persons using the Services, please get in touch with us to report copyright infringement.

Security

You take full responsibility for maintaining reasonable security precautions for your account. You are responsible for protecting and updating any login account provided to you for the Services.

Enforcement

We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions, including but not limited to:

Suspending or terminating your Service with or without notice upon any violation of this Prohibited Use Policy. Any violations may also result in the immediate suspension or termination of your account.
Disabling or removing any content which is prohibited by this Prohibited Use Policy, including to prevent harm to others or to us or the Services, as determined by us in our sole discretion.
Reporting violations to law enforcement as determined by us in our sole discretion.
A failure to respond to an email from our abuse team within 2 days, or as otherwise specified in the communication to you, may result in the suspension or termination of your account.

Suspended and terminated User accounts due to violations will not be re-activated.

Nothing contained in this Prohibited Use Policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Services, and levying cancellation charges to cover our costs. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.

Disclaimers

Views and Opinions

Any views or opinions represented on the Services belong solely to Insteon, its content creators and employees, and do not represent those of people, institutions or organizations that Insteon may or may not be associated with in professional or personal capacity unless explicitly stated. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.

User Content

We do not own any data, information or material (collectively, “Content”) that you submit on the Services in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Services submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

Accuracy of Information

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated.

Third Party Services

If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Insteon with respect to such other services. Insteon is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Insteon to disclose your data as necessary to facilitate the use or enablement of such other service.

Backups

We are not responsible for the Content residing on the Services. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

During your use of the Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

Links to Other Resources

Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Services may be “affiliate links.” This means if you click on the link and purchase an item, Insteon will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.

Content and Postings

You may not modify, print or copy any part of the Services. Inclusion of any part of the Services in another work, whether in printed or electronic or another form or inclusion of any part of the Services on another resource by embedding, framing or otherwise without the express permission of Insteon is prohibited.

You may submit new content and comment on the existing content on the Services. By uploading or otherwise making available any information to Insteon, you grant Insteon the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein. You may not impersonate any other person through the Services. You may not post content that is defamatory, fraudulent, obscene, threatening, invasive of another person’s privacy rights or that is otherwise unlawful. You may not post content that infringes on the intellectual property rights of any other person or entity. You may not post any content that includes any computer virus or other code designed to disrupt, damage, or limit the functioning of any computer software or hardware. By submitting or posting content on the Services, you grant Insteon the right to edit and, if necessary, remove any content at any time and for any reason.

Compensation and Sponsorship

The Services may contain forms of advertising, sponsorship, paid insertions or other forms of compensation. On certain occasions Insteon may be compensated to provide opinions on products, services, or various other topics. The compensation received may influence such opinions of the advertised content or topics available on the Services. Note that sponsored content and advertising space may not always be identified as paid or sponsored. Some of the links on the Services may be affiliate links. This means if you click on the link and purchase an item, Insteon will receive an affiliate commission. Furthermore, Insteon is a participant in the Amazon Associates program, an affiliate advertising program designed to provide a means to earn advertising fees by advertising and linking to Amazon properties.

Reviews and Testimonials

Testimonials are received in various forms through a variety of submission methods. The testimonials are not necessarily representative of all of those who will use Services, and Insteon is not responsible for the opinions or comments available on the Services, and does not necessarily share them. People providing testimonials on the Services may have been compensated with free products or discounts for use of their experiences. All opinions expressed are strictly the views of the reviewers.

Some testimonials may have been edited for clarity, or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. Testimonials may be reviewed for authenticity before they are available for public viewing.

Intellectual Property Rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Insteon or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Insteon. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of Insteon or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third-parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of Insteon or third party trademarks.

Indemnification and Warranties

While we have made every attempt to ensure that the information contained on the Services is correct, Insteon is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information on the Services is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied. In no event will Insteon, or its partners, employees or agents, be liable to you or anyone else for any decision made or action taken in reliance on the information on the Services, or for any consequential, special or similar damages, even if advised of the possibility of such damages. Information on the Services is for general information purposes only and is not intended to provide any type of professional advice. Please seek professional assistance should you require it. Information contained on the Services are subject to change at any time and without warning.

DMCA Policy

This Digital Millennium Copyright Act policy (“DMCA Policy”) applies to the Services and outlines how Insteon addresses copyright infringement notifications and how you may submit a copyright infringement complaint.

Protection of intellectual property is of utmost importance to us and we ask our users and their authorized agents to do the same. It is our policy to expeditiously respond to clear notifications of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which can be found at the U.S. Copyright Office website.

What To Consider Before Submitting a Copyright Complaint

Before submitting a copyright complaint to us, consider whether the use could be considered fair use. Fair use states that brief excerpts of copyrighted material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder. If you have considered fair use, and you still wish to continue with a copyright complaint, you may want to first reach out to the user in question to see if you can resolve the matter directly with the user.

Please note that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly misrepresent that material or activity is infringing. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.

We may, at our discretion or as required by law, share a copy of your notification or counter-notification with third-parties. This may include sharing the information with the account holder engaged in the allegedly infringing activity or for publication. If you are concerned about your information being forwarded, you may wish to use an agent to report infringing material for you.

Notifications of Infringement

If you are a copyright owner or an agent thereof, and you believe that any material available on our Services infringes your copyrights, then you may submit a written copyright infringement notification (“Notification”) using the contact details below pursuant to the DMCA by providing us with the following information:

Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notification, you may provide a representative list of the copyrighted works that you claim have been infringed.
Identification of the infringing material and information you claim is infringing (or the subject of infringing activity), including at a minimum, if applicable, the URL or URLs of the web pages where the allegedly infringing material may be found.
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an 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, the copyright owner’s 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.
A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.

All such Notifications must comply with the DMCA requirements.

Filing a DMCA complaint is the start of a pre-defined legal process. Your complaint will be reviewed for accuracy, validity, and completeness. If your complaint has satisfied these requirements, our response may include the removal or restriction of access to allegedly infringing material as well as a permanent termination of repeat infringers’ accounts. If we remove or restrict access to materials or terminate an account in response to a Notification of alleged infringement, we will make a good faith effort to contact the affected user with information concerning the removal or restriction of access, which may include a full copy of your Notification (including your name, address, phone, and email address), along with instructions for filing a counter-notification.

Notwithstanding anything to the contrary contained in any portion of this DMCA Policy, Insteon reserves the right to take no action upon receipt of a DMCA copyright infringement notification if it fails to comply with all the requirements of the DMCA for such notifications.

Counter-notifications

A user who receives a copyright infringement Notification may make a counter-Notification pursuant to sections 512(g)(2) and (3) of the US Copyright Act. If you receive a copyright infringement Notification, it means that the material described in the Notification has been removed from our Services or access to the material has been restricted. Please take the time to read through the Notification, which includes information on the Notification we received as well as instructions on how to file a counter-notification.

To file a counter-notification with us, you must provide a written communication that sets out the information specified in the list below:

Identification of the material that has been removed or to which access has been restricted and the location at which the material appeared before it was removed or access to it was restricted.
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.
A statement under penalty of perjury that you have a good faith belief that the material was removed or restricted as a result of mistake or misidentification of the material to be removed or restricted.
A statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to the jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person or company who provided the original infringement notification.
A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.

Please note that you may be liable for, including costs and attorneys’ fees incurred by us or our users, if you knowingly misrepresent that the material or activity is not infringing the copyrights of others or that the material or activity was removed or restricted by mistake or misidentification. Accordingly, if you are not sure whether certain material infringes the copyrights of others or that the material or activity was removed or restricted by mistake or misidentification, you may wish to contact an attorney before filing a counter-notification.

Notwithstanding anything to the contrary contained in any portion of this DMCA Policy, Insteon reserves the right to take no action upon receipt of a counter-notification. If we receive a counter-notification that complies with the terms of 17 U.S.C. § 512(g), we may forward it to the person who filed the original Notification.

The process described in this DMCA Policy does not limit our ability to pursue any other remedies we may have to address suspected infringement.

Reporting Copyright Infringement

If you would like to notify us of any infringing material or activity, we encourage you to contact us at support@insteon.com.