Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and Fizzify Inc. ("ALYT," "we," "us," "our") governing your use of the ALYT smart home platform: the console at app.alyt.com, the ALYT mobile app, ALYT hardware, and the automation, voice, and integration features that run on top of them. By creating an account, setting up an ALYT device, or otherwise using the service, you agree to these Terms. If you do not agree, do not use ALYT.

Please read this document carefully, especially Section 9 and Section 14, which describe important limits on what ALYT promises regarding home security and safety. Smart home systems — ALYT included — are not a substitute for professional security monitoring, and we want that stated in plain language, not buried in dense legal text.

1. Definitions

• "ALYT," "we," "us," "our" mean Fizzify Inc., together with its officers, employees, and agents. ALYT is a product name of Fizzify Inc., not a separate legal entity.
• "Service" means the ALYT console (app.alyt.com), the ALYT mobile app, the ALYT hub and compatible hardware, and the automation, voice-assistant, and integration features they provide.
• "Account" means the household account you create to use the Service.
• "Property" means a home or installation site registered under your Account (ALYT's data model calls this a "Property" internally, but we use "home" throughout this document for plain language).
• "Household member" means anyone you grant access to your Property, at any role (owner, member, or guest).
• "Device" means any piece of ALYT hardware, or any third-party hardware controlled through the Service via an integration.
• "Routine" or "Automation" means a rule you create that triggers actions based on conditions you define.
• "Integration" means a connection between ALYT and a third-party service or device family (for example, Sonos, Ring, or Amazon Alexa).
• "Your Content" means configuration, automation definitions, room and device names, and other material you create within the Service.

2. The Service

ALYT is a smart home platform that lets you monitor, automate, and control connected devices in your home, using AI processing designed to run primarily on hardware you keep in your home rather than by default in a remote data center. The Service includes:

• The console web application at app.alyt.com, for configuring and monitoring your home from a browser
• The ALYT mobile app for iOS and Android, offering the same capabilities from your phone, plus press-to-talk voice and Bluetooth-based device setup
• The ALYT hub and any other ALYT-branded hardware you own
• A voice assistant that responds to a wake word and spoken commands
• An automation engine ("Routines") that executes actions based on triggers and conditions you define
• Integrations with supported third-party smart home devices and services

We continue to develop and change the Service. Features described in our marketing materials or documentation may not yet be available, may change, or may be discontinued, consistent with Section 4.

3. Eligibility and Accounts

3.1 Age requirement

You must be at least 18 years old, or the age of majority in your jurisdiction if higher, to create an ALYT Account. By creating an Account, you represent that this is true.

3.2 Account responsibility

You are responsible for all activity that occurs under your Account, including activity by household members you grant access to. You must:

• Provide accurate information when creating your Account
• Keep your password, any API keys, and multi-factor recovery codes confidential
• Notify us promptly at security@alyt.co if you believe your Account has been compromised
• Not create more than one Account per household unless we agree otherwise

3.3 Accuracy of information

You agree to keep your Account information (email address in particular, since it is how we reach you for security-critical notices) current and accurate.

4. Service Availability and Changes

The Service is provided on an "as available" basis. We do not guarantee any specific level of uptime, and we may modify, suspend, or discontinue any part of the Service — including individual features, integrations, or hardware support — at any time. When practical, we will give advance notice of material changes that reduce functionality you rely on.

Internet dependency. The Service requires an internet connection for account sign-in, remote access, cloud-dependent integrations, and Alexa linking. Local control of devices already discovered on your network (Sonos, WiZ, Zigbee, and similar) continues to function without internet access, but you should not assume every ALYT feature works during an internet outage — check the specific integration's documentation if this matters to your use case.

Power and network dependency. ALYT hardware requires continuous power and a working local network connection to function. A power outage, a router failure, or an ISP outage will interrupt ALYT's ability to monitor or control your home, including any automation or "security" features you have configured. This is true of essentially all connected smart home hardware, and it is stated here because it materially affects the promises the following sections make.

5. Devices and Hardware

5.1 Compatibility

ALYT supports a specific, evolving list of hardware and integrations, published on alyt.com. We do not guarantee that any particular device, brand, or protocol will be supported indefinitely, or that a device that works today will continue to be supported after a firmware or software update — ours or the third-party manufacturer's.

5.2 Firmware updates

ALYT hardware receives firmware updates automatically, which may include security patches, bug fixes, or feature changes. You may not always be able to prevent, delay, or roll back an update. We design updates to be tested before wide release, but as with any software, an update carries some risk of unexpected behavior.

5.3 Hardware warranty

ALYT hardware sold directly to consumers, if and when that begins, will be covered by a separate Limited Hardware Warranty document, published at the time hardware sales begin. [LEGAL-VERIFY: As of this policy's effective date, ALYT hardware is not yet sold directly to consumers through a commercial storefront, so no warranty period has been fixed. This is a pre-commerce item, not an omission — a warranty document will be published before any hardware sale, not after.]

5.4 Loss, damage, or replacement

If an ALYT hardware unit fails or is replaced under warranty, the platform is designed to preserve your room assignment, settings, and history against the logical "device" record rather than the specific physical unit — see our Privacy Policy, Section 5.3 for how this works technically. This is a convenience feature, not a guarantee against any particular failure mode.

6. Third-Party Integrations

ALYT supports connecting to third-party smart home devices and services. Where an integration requires you to provide credentials (a Sonos, Ring, Tuya, SwitchBot, Cync, or Amazon account, for example), you are responsible for:

• Maintaining valid access to that third-party account
• Keeping those credentials secure
• Complying with that third party's own terms of service, which continue to apply independently of these Terms
• Understanding that third party's own data practices, described in their own privacy policy — not this one

We are not responsible for, and do not guarantee, the availability, accuracy, or continued existence of any third-party integration. A third party may change its API, revoke ALYT's access, alter its terms, or discontinue its service at any time, entirely outside our control. Exactly which data reaches which third party, for each supported integration, is documented in our Privacy Policy, Section 10.

7. Household Members and Access Control

You may grant other people access to your home through ALYT — household members and guests. When you do:

• You remain responsible, under these Terms, for their use of the Service in connection with your home
• They can see and control the devices, automations, and (depending on role) voice history you make available to them
• You can revoke any household member's access at any time, which signs them out immediately
• Guest access can be configured to expire automatically on a date you set

It is your obligation, not ALYT's, to make sure everyone with access to your home — including household members, guests, contractors, and anyone else you invite in — understands what ALYT can do in your home (particularly voice and, if enabled, camera features) and has consented to any monitoring where consent is legally required. See Section 10 for more on this specifically regarding recording.

8. Restrictions on Use

You agree not to use ALYT to:

• Violate any applicable law
• Attempt to access another household's data, account, or devices, or any part of ALYT's infrastructure you are not authorized to access
• Reverse-engineer, decompile, or attempt to extract the source code of ALYT's software, except to the extent applicable law expressly permits this despite the restriction
• Stalk, harass, surveil, or monitor anyone without their knowledge or lawfully required consent
• Record audio or video of anyone without the consent required by the law that applies where the recording occurs
• Interfere with, disrupt, or attempt to gain unauthorized access to another user's devices, account, or network
• Scrape, bulk-download, or programmatically access ALYT data outside our documented, published APIs
• Share your Account credentials with anyone outside your household, or grant access to ALYT to someone your household has not itself vetted
• Attempt to disable, circumvent, or interfere with any ALYT security feature

Our full Acceptable Use Policy describes prohibited conduct in much greater detail and is incorporated into these Terms by reference — a violation of the Acceptable Use Policy is a violation of these Terms.

9. Voice, Automation, and Security Features — What ALYT Is and Is Not

9.1 The voice assistant

ALYT's voice assistant uses AI to interpret and respond to spoken commands. Like any AI system, it can misunderstand what you say, fail to recognize a command, or respond incorrectly. It may be unavailable due to network issues, hardware failure, or a service outage. Do not rely on the voice assistant for time-critical or safety-critical actions where a failure or delay could cause harm.

9.2 Automations and routines

You are solely responsible for the automations you create, including testing them before relying on them, understanding exactly what they do, and making sure they do not create a safety hazard (for example, an automation that unlocks a door under conditions you did not fully anticipate). We do not monitor, review, or approve the automations you build. If an automation executes and causes an unwanted result, contact support — but understand that we generally cannot "undo" a physical-world action a device already carried out (a light that turned on, a lock that opened) once it has happened.

9.3 No guarantee against loss

ALYT does not guarantee, and cannot guarantee, prevention of burglary, theft, fire, water damage, injury, death, or any other loss, whether or not the relevant device, sensor, or automation was configured and functioning as intended at the time. Smart home technology, including ALYT, is inherently probabilistic and dependent on functioning hardware, software, network connectivity, and power — any of which can and does fail.

10. Cameras and Recording

ALYT's own camera capabilities, if and when built directly into the platform, are intended to process video locally rather than send it to the cloud by default — consistent with ALYT's overall design described in our Privacy Policy. As of this policy's effective date, native camera support is still in development. Camera functionality available today comes only through third-party integrations (Ring, for instance), whose own cloud-processing model is described in our Privacy Policy and governed by that provider's own terms.

Whichever camera capability you use, you are solely responsible for:

• Complying with recording-consent laws in your jurisdiction
• Providing any notice required by law to household members, guests, employees, or visitors who may be recorded
• Positioning cameras and microphones so as not to record areas — bathrooms, bedrooms of non-consenting occupants — where recording would violate a reasonable expectation of privacy or applicable law

ALYT does not monitor, review, or flag the content of any recording for lawfulness, and bears no responsibility for how you configure or use camera features.

11. Push Notifications and Alerts

Push notifications are provided on a best-effort basis and are not guaranteed to be delivered. Delivery can fail for reasons outside our control, including the app being uninstalled or notifications disabled at the OS level, the recipient device being offline, or an outage of Apple's or Google's push infrastructure. Do not rely on push notifications as your sole means of learning about a safety-critical event in your home.

12. Content and Intellectual Property

12.1 Your Content

You retain ownership of Your Content — the room names, device names, and automation definitions you create. By using ALYT, you grant us a license to store, process, and display Your Content solely as necessary to operate the Service for you.

12.2 ALYT's intellectual property

ALYT, the ALYT name and logo, the console and app software, and all associated documentation are the property of Fizzify Inc. or its licensors. Except for the limited license granted to use the Service under these Terms, no rights are granted to you in ALYT's intellectual property.

13. Termination

We may suspend or terminate your Account if you violate these Terms, the Acceptable Use Policy, or applicable law, or if we reasonably believe your Account poses a security risk to ALYT or other users. Where practical, we will give notice before termination and an opportunity to address the issue, except where the violation is severe (for example, an attempt to compromise another household's account) or where notice would itself create a security risk.

You may terminate your Account at any time by following the instructions on our Delete Your Account page. Deletion, once processed, cannot be undone.

14. Disclaimers of Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, timely, secure, or error-free;
• Any device state, notification, or automation result shown to you will be accurate or complete;
• Any security-relevant event will be detected, or that detection (where it occurs) will be timely;
• The Service will be compatible with any device, integration, or third-party service, now or in the future;
• Defects will be corrected.

Some jurisdictions do not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you, and you may have additional rights that vary by jurisdiction.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FIZZIFY INC. OR ITS OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF DEVICE STATE OR CONFIGURATION, LOST PROFITS, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FIZZIFY INC. FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Nothing in these Terms is intended to exclude or limit liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by our gross negligence or willful misconduct, where such exclusion is not permitted.

16. Indemnification

You agree to indemnify, defend, and hold harmless Fizzify Inc. and its officers, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service in violation of these Terms or applicable law; (b) automations you create; (c) recording made through ALYT or a connected integration without required consent; (d) your violation of a third-party integration's own terms; or (e) content or data you submit to the Service.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws principles, except to the extent a mandatory consumer-protection law of your own jurisdiction requires otherwise.

[LEGAL-VERIFY: This section is intentionally left without a binding arbitration clause, class-action waiver, or jury-trial waiver pending review by outside legal counsel.] Many consumer software agreements include mandatory arbitration and class-action waiver provisions; whether ALYT adopts one, and in what form, is a decision we are treating as requiring specific legal advice rather than a boilerplate default, given the consumer, in-home nature of the product. Until that review is complete and this section is updated accordingly, disputes are resolved through the courts of competent jurisdiction in Wyoming, subject to any mandatory protections available to you under your local consumer law.

Any claim arising out of these Terms or the Service must be brought within one year of the date the claim first accrued, or it is waived, to the extent permitted by applicable law.

18. App-Store-Specific Provisions

If you downloaded the ALYT app from the Apple App Store or Google Play, the following additional terms apply, to the extent consistent with the platform's own rules:

• These Terms are between you and Fizzify Inc. only, not Apple Inc. or Google LLC.
• Apple and Google have no obligation to furnish any maintenance or support for the app.
• In the event of any failure of the app to conform to any applicable warranty, you may notify the relevant platform (Apple or Google), and, to the extent applicable, that platform may refund the purchase price (if any) for the app; to the maximum extent permitted by law, the platform will have no other warranty obligation with respect to the app.
• Apple Inc. and Google LLC, and their subsidiaries, are third-party beneficiaries of these Terms as they relate to your use of the app, and, upon your acceptance of these Terms, each will have the right to enforce these Terms against you as a third-party beneficiary.
• You represent that you are not located in a country subject to a U.S. government embargo, or listed on any U.S. government list of prohibited or restricted parties.

19. Modifications to These Terms

We may update these Terms from time to time. For material changes, we will provide at least 30 days' notice by email and/or a prominent notice within the app or console before the change takes effect. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms. If you do not agree, your remedy is to stop using the Service and delete your Account.

20. General Provisions

20.1 Entire agreement

These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Fizzify Inc. regarding the Service, and supersede any prior agreements on the same subject.

20.2 Severability

If any provision of these Terms is found unenforceable, that provision will be severed, and the remainder of these Terms will remain in full force and effect.

20.3 No waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.

20.4 Assignment

You may not assign or transfer your rights under these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets, consistent with our Privacy Policy.

21. Contact

Questions? Email support@alyt.co

Fizzify Inc.
30 N Gould St STE N
Sheridan, WY 82801
United States

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