SmartGuard Solutions Terms of Service

Effective: May 15, 2026

SmartGuard Solutions is an independent online retailer of genuine Wyze® products. We are not affiliated with, authorized by, or sponsored by Wyze Labs, Inc. Wyze® is a registered trademark of Wyze Labs, Inc.

1. PRIVACY

For information about how we collect, use, share and otherwise process information, please see our [Privacy Statement].

2. USE OF SMARTGUARD SOLUTIONS SERVICES

A. Eligibility

You must be at least 16 years of age to access, purchase, or use any of our Services. If you are under 16 years of age, do not use, purchase, or sign up for any Services. If you are under the age of 18 (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who has reviewed and agreed to these Terms. Any parent or legal guardian of a user under the age of 18 (or the age of legal majority) hereby agrees to be fully responsible for the acts or omissions of such user in relation to the use of our Services.

If you use our Services on behalf of another person or entity, (i) all references to “you” throughout these Terms will include that person or entity, (ii) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (iii) in the event you, the person, or the entity violate these Terms, both you and the other person or entity agree to be jointly and severally responsible and liable for any such violation.

Accessing our website from territories where its contents are illegal or unlawful is prohibited. If you choose to access our website from locations outside the United States, Canada or Mexico, you do so at your own risk.

You may not create more than one SmartGuard Solutions account. You may not use, purchase or sign up for any of the Services if you were previously prohibited by SmartGuard Solutions from using the Services.

B. Your Account

To use certain Services, you must sign up for a user account with SmartGuard Solutions (“Account”) and provide certain information about yourself as prompted by the sign-up screen.

You must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim (including trademark rights) in those usernames.

C. Suspension or Termination of Account

SmartGuard Solutions may suspend or terminate your Account and/or access to the Services at any time upon becoming aware of any violation or threatened violation of these Terms, any security or other threat to our systems, technology, business or to other people, or other matters warranting such suspension or termination. We are not responsible for any loss or harm related to your inability to access or use our Services.

D. Access and Use

You may access and use the Services as permitted by, and subject to, these Terms and any other applicable agreements between you and SmartGuard Solutions. You are solely responsible for your conduct while using our Services and you will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort while using our Services. Without limiting the generality of the foregoing, you will not:

  • use or attempt to use another user’s Account without authorization;

  • permit any third party to access the Services except as permitted herein;

  • sell or resell our Services, or commercially use our Services;

  • copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us;

  • modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;

  • use our Services other than for their intended purpose or in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services;

  • reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;

  • copy, frame or mirror any part or content of the Services, other than copying or framing in your own intranet or otherwise for your own internal business purposes;

  • use any data mining, robots or similar data-gathering or extraction methods designed to scrape or extract data from our Services;

  • use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;

  • copy any feature, function or graphic of the Services; or

  • access our Services in order to build a competitive product or service, or copy any feature, function or graphic of the Services.

3. USER CONTENT

In connection with your use of any Service, you will not:

  • engage in any harassing, threatening, intimidating, predatory or stalking conduct;

  • impersonate or post on behalf of any person or entity without their authorization or otherwise misrepresent your affiliation with a person or entity;

  • send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; or

  • use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

Enforcement of this section is solely at our discretion, and failure to enforce it in one instance does not constitute a waiver of our right to enforce it in other instances.

4. OWNERSHIP

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, and all intellectual property therein, are owned by SmartGuard Solutions or our licensors and are protected under both United States and foreign laws. We reserve all right, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.

5. SMARTGUARD SOLUTIONS TERMS OF SALE

The following Terms of Sale apply to the purchase of products and services through our website.

By purchasing a product or service, you accept and agree to be bound by these Terms of Sale. If you do not agree, do not make a purchase.

A. Order Eligibility

To complete your purchase, you must have a valid billing and shipping address within a country that can be selected for the billing and shipping addresses as part of the checkout process. We make no promise that products or services available on our website are appropriate or available for use in locations outside the United States, Canada or Mexico.

B. Order Process; Errors

You will have the opportunity to review and confirm your order, including delivery address, payment method, and other details. We will display or send a notice when we accept your order. We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss in any goods you purchase pass to you when the shipping carrier receives the goods from SmartGuard Solutions. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

We reserve the right to refuse or cancel any order prior to delivery (e.g., due to errors in product or pricing information or availability). We may require verification of information prior to acceptance and/or shipment. We will contact you if any portion of your order is canceled or if additional information is required.

C. Service and Other Fees

Some services may be provided for a fee, either now or in the future. When you select or use a fee‑based service, you will pay the applicable fees in accordance with the amounts and payment terms specified on our website. If no timing is specified, the fee is due upon sign‑up. Some paid services may be offered on a subscription basis with fees charged upon periodic renewals unless you terminate prior to the renewal date. Unless otherwise noted, all fee obligations are non‑cancelable and fees paid are non‑refundable and non‑creditable.

D. Payment

We reserve the right to change our payment options at any time. Payment must be received by us before our acceptance of an order. When you provide credit card or other payment information, you represent that (i) you are the authorized user of that payment method, (ii) the information is true and complete, (iii) charges will be honored, and (iv) you will pay all charges, including shipping and applicable taxes.

If legal action is necessary to collect balances due, you will reimburse us for all expenses incurred (including attorneys’ fees). Credits or refunds will be made to the same payment method used for the original order.

E. Returns

Our return policy is in addition to any statutory rights you may have under law. We will accept items returned in accordance with our Return Policy (available on our website). We may deny any return that fails to meet our return criteria.

6. LIMITED WARRANTY AND DISCLAIMERS

A. Limited Warranty

SmartGuard Solutions offers a limited warranty for certain products in accordance with the terms of our published Return Policy and Limited Warranty (available on our website). All warranty claims are subject to those terms.

B. Intended Use of SmartGuard Solutions Services

Our Services are intended for non‑critical, non‑commercial, personal uses. They are not intended to be reliable or available 100% of the time and are subject to sporadic interruptions and failures for reasons beyond our control (e.g., internet service provider uptime, mobile operators). SmartGuard Solutions is not responsible for any damages incurred by the failure or delay of the Services.

C. Service Interruptions and Failures; No Refund

The Services may be suspended temporarily without notice for security reasons, system failure, maintenance, or other circumstances. You will not be entitled to any refund, credit, or compensation for such suspensions. SmartGuard Solutions does not offer any specific uptime guarantee.

D. Customer Support

If you have questions or concerns regarding the Services or these Terms, please contact us at 1 (206) 389-6649 or [email protected].

E. Disclaimer of Warranties

Your use of our Services is at your sole risk. Except as otherwise provided in writing by us, and to the extent allowable by applicable law, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non‑infringement. SmartGuard Solutions does not represent or warrant that our Services are accurate, complete, reliable, current or error‑free, or that they are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations may not apply to you.

F. Release

To the fullest extent permitted by applicable law, you release SmartGuard Solutions from responsibility, losses, liability, claims, demands, and/or damages of every kind and nature, known and unknown, arising out of or related to (i) your use of the Services, (ii) disputes between users, and (iii) the acts or omissions of third parties.

If you reside in California, you waive your rights under California Civil Code § 1542.

7. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMARTGUARD SOLUTIONS WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL LIABILITY OF SMARTGUARD SOLUTIONS FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES IS LIMITED TO THE GREATER OF US$500 OR THE AMOUNT PAID BY YOU TO USE OUR SERVICES.

The limitations in this section will not limit or exclude liability for gross negligence, fraud or intentional misconduct, or for any matter where liability cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you.

8. DISPUTE RESOLUTION AND ARBITRATION / WAIVER OF CLASS ACTION AND JURY TRIAL

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND SMARTGUARD SOLUTIONS TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED.

ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES IS PERSONAL TO YOU AND SMARTGUARD SOLUTIONS, AND WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ACTION AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.

Resolution and Arbitration of Claims

Except for small claims disputes (where you or we bring an individual action in small claims court in your county of residence or King County, Washington) or disputes seeking injunctive or other equitable relief for alleged unlawful use of intellectual property, you and SmartGuard Solutions waive your rights to a jury trial and to have any dispute resolved in court. Instead, for any Claim that you have against SmartGuard Solutions or vice versa, you and SmartGuard Solutions agree to first attempt to resolve the Claim informally.

If you assert a Claim, you must send a written notice (“Claimant Notice”) to SmartGuard Solutions Legal Department, 520 Kirkland Way, #208, Kirkland, WA 98033, USA, or by email to [email protected], including your name, address, email, phone number, the nature of the Claim, and the relief sought. If SmartGuard Solutions asserts a Claim, we will send you a notice to the email address associated with your Account.

If we cannot reach an agreement within 30 days after receipt of such notice, either party may submit the Claim to binding arbitration administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules (available at adr.org). Arbitration will be held in King County, Washington, unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence.

Arbitration Fees

For any arbitration you initiate, you will pay the consumer filing fee and SmartGuard Solutions will pay the remaining AAA fees and costs. For any arbitration initiated by SmartGuard Solutions, SmartGuard Solutions will pay all AAA fees and costs.

One Year to Assert Claims

Any Claim by you or SmartGuard Solutions must be filed within one year after the claim arose; otherwise, it is permanently barred.

Opt-out

You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by emailing [email protected] or mailing a notice to the Legal Department address above, stating your name, address, email, and your intent to opt out. If you opt out, disputes will be resolved in court as set forth in Section 10.

Severability

If any portion of this Section is found unenforceable, the unenforceable provision will be severed, and the remainder of this Section will be enforceable. If any claims must proceed on a class or representative basis, they must be litigated in court, not arbitration.

9. LANGUAGE

To the fullest extent permitted by law, the controlling language for these Terms is English. Any translation is for convenience only; the English version prevails in case of conflict.

10. GOVERNING LAW AND VENUE

Any dispute arising from these Terms and your use of the Services will be governed by the laws of the State of Washington, without regard to conflict of law rules, except to the extent preempted by U.S. federal law (including the FAA). If any dispute is not subject to arbitration or cannot be heard in small claims court, the state and federal courts located in King County, Washington, will have exclusive jurisdiction. You waive any objection to venue in such courts.

If your local law requires consumer contracts to be interpreted under local law and enforced in local courts, this section may not apply to you (only to the extent local law conflicts).

Contact Us

SmartGuard Solutions
520 Kirkland Way, #208
Kirkland, WA 98033
USA

Email: [email protected]
Phone: 1 (206) 389-6649

SmartGuard Solutions is an independent online retailer and is not affiliated with, authorized by, or sponsored by Wyze Labs, Inc. Wyze® is a registered trademark of Wyze Labs, Inc.