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Have questions? Call 1-888-957-4675
23
Monitoring Services
Monitoring services will not be provided in connection with your purchase of the System unless you activate such services online
through simplisafe.com or by calling SimpliSafe Customer Support at 1-888-95-SIMPLI (888-957-4675) (and as and when this feature
becomes available, through the SimpliSafe mobile app). Monitoring Services are provided in accordance with SimpliSafe’s Terms of
Service which can be found online at www.simplisafe.com/terms-of-service.
Services Provided Without Monitoring Subscription
If you activate service oerings made available in connection with a System that do not require a monitoring subscription (such as
motion-detected alerts, cloud-based video recording and storage and/or video streaming services which may be made available,
from time to time, in connection with a SimpliSafe security camera without a monitoring subscription) such services shall be provided
in accordance with the Terms of Service that are applicable to such services which can be found at www.simplisafe.com/terms-of-
service. For the avoidance of doubt, such services will not be provided unless or until you activate them online through the SimpliSafe
mobile app or by calling SimpliSafe Customer Support at 1-888-95-SIMPLI (957-4675).
INSURANCE
THE PRICE OF THE SYSTEM IS UNRELATED TO THE VALUE OF PROPERTY LOCATED ON OR NEAR THE PREMISES AT WHICH THE
SYSTEM IS LOCATED. NO PORTION OF THE PURCHASE PRICE IS FOR INSURANCE OR SHALL BE DEEMED OR CONSIDERED INSURANCE
PREMIUMS. YOU ACKNOWLEDGE AND AGREE THAT SIMPLISAFE IS NOT AN INSURER AND SHALL NOT PROVIDE INSURANCE
COVERAGE AGAINST ANY LOSSES, AS DEFINED ABOVE. TO THE EXTENT YOU WISH TO HAVE ANY INSURANCE COVERAGE FOR
LOSSES, AS DEFINED ABOVE, IT IS YOUR RESPONSIBILITY TO PROCURE AND MAINTAIN SEPARATE INSURANCE POLICIES FROM AN
INSURANCE COMPANY OR COMPANIES, SOLELY AT YOUR COST AND EXPENSE, FOR COVERAGE AGAINST ALL LOSSES, AS DEFINED
ABOVE, INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART
BY (I) THESE TERMS OF SALE, INCLUDING ANY BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR OBLIGATION ARISING
HEREUNDER (II) THE SYSTEM, (III) THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE, (IV)
THE IMPROPER OPERATION OR NON-OPERATION OF THE SYSTEM, (V) BREACH OF CONTRACT, EXPRESS OR IMPLIED, WHICH OCCURS
BEFORE OR AFTER THE SIGNING OF THIS AGREEMENT (VI) BREACH OF WARRANTY, EXPRESS OR IMPLIED, (VII) PRODUCT OR STRICT
LIABILITY (VIII) LOSS OR DAMAGE TO OR MALFUNCTION OF FACILITIES NECESSARY TO OPERATE THE SYSTEM, TRANSMIT ANY SIGNAL
TO OR RECEIVE SIGNALS AT ANY MONITORING FACILITY, (X) A CLAIM FOR SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR
(XI) A VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED FAULT ON
THE PART OF ANY SIMPLISAFE PARTY, AS DEFINED ABOVE (COLLECTIVELY, THE “COVERED CLAIMS”). RECOVERY FOR ANY LOSS, AS
DEFINED ABOVE, SHALL BE LIMITED TO THE INSURANCE YOU PURCHASE SEPARATELY FROM AN INSURANCE COMPANY, IF ANY.
LIMITATIONS OF LIABILITY AND RELEASE
SimpliSafe does not accept liability for Systems purchased hereunder beyond the remedies set forth herein and in SimpliSafe’s
limited warranty. In particular, as described in SimpliSafe’s limited warranty, SimpliSafe does not represent that the System may
not be compromised or circumvented; that the System will prevent any personal injury or property loss; or that the System will in all
cases provide adequate warning or protection. You understand that the System may be interrupted, circumvented, unavailable (for
a limited or extended time period) or otherwise compromised, including as a result of equipment designed or used by a third party
for the purpose of causing false alarms or gaining unauthorized access to or otherwise aecting or controlling the System (including
any Camera). You understand that a properly installed and maintained alarm may only reduce the risk of a burglary, robbery or other
events occurring without providing an alarm, but it is not an insurance or a guarantee that such will not occur or that there will be no
personal injury or property loss as a result.
BY AGREEING TO THESE TERMS, YOU ARE RELEASING EACH SIMPLISAFE PARTY, AS DEFINED ABOVE, ON YOUR BEHALF AND ON
BEHALF OF ALL OTHERS WHO MAKE CLAIMS UNDER THE TERMS OF SALE FROM ALL LOSSES, AS DEFINED ABOVE, ARISING OUT
OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED ABOVE. UNDER NO
CIRCUMSTANCES WILL ANY SIMPLISAFE PARTY, AS DEFINED ABOVE, BE RESPONSIBLE OR LIABLE TO YOU FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, DEATH OR DAMAGES TO PROPERTY.
NOTWITHSTANDING THE FOREGOING, EVEN IF A SIMPLISAFE PARTY, AS DEFINED ABOVE, IS FOUND LIABLE FOR ANY LOSSES, AS
DEFINED ABOVE, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM,
AS DEFINED ABOVE, ANY SUCH LIABILITY IN THE AGGREGATE OF ALL SIMPLISAFE PARTIES, AS DEFINED ABOVE, SHALL BE LIMITED
TO THE PURCHASE PRICE OF THE SYSTEM, WHICH SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST ALL SIMPLISAFE
PARTIES, AS DEFINED ABOVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Release of Insured Losses; Waiver of Subrogation
You release all SimpliSafe Parties for all Losses covered by your insurance policies and for all insurance deductibles. You also waive
and release any subrogation and other rights you or your insurance company may have against any SimpliSafe Party for money paid
to you or on your behalf.
INDEMNIFICATION
IF ANYONE OTHER THAN YOU (INCLUDING YOUR INSURANCE COMPANY) ASKS ANY SIMPLISAFE PARTY, AS DEFINED ABOVE, TO PAY
FOR ANY LOSSES, AS DEFINED ABOVE, INCLUDING ATTORNEYS’ FEES ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED
IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED ABOVE, YOU SHALL INDEMNIFY, DEFEND AND HOLD EACH SIMPLISAFE
PARTY, AS DEFINED ABOVE, HARMLESS (WITHOUT ANY CONDITION THAT ANY OF THEM FIRST PAY), FOR ALL LOSSES, AS DEFINED
ABOVE, INCLUDING ATTORNEYS’ FEES, ASSERTED AGAINST OR INCURRED BY SUCH PARTIES. THE DUTY TO DEFEND ARISES UPON
THE ASSERTION OF A CLAIM OR DEMAND AGAINST SIMPLISAFE AND DOES SO REGARDLESS OF WHETHER SIMPLISAFE HAS BEEN
FOUND LIABLE OR WHETHER SIMPLISAFE HAS INCURRED ANY EXPENSE. THE FOREGOING INDEMNIFICATION OBLIGATIONS MAY NOT
BE ENFORCEABLE IN SOME STATES, SO SUCH OBLIGATIONS MAY NOT APPLY TO YOU.
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