Masonite M-Pwr Application End User License Agreement

Please read this Masonite M-Pwr Application End User License Agreement (“EULA”) carefully before downloading or using the Masonite M-Pwr application (“Masonite M-Pwr App”). This EULA governs your use of the Masonite M-Pwr App. Your use of the Masonite M-Pwr App indicates your consent to this EULA. Your use of any other applications in connection with your M-Pwr Smart Door will be governed by the application owner’s terms of use or license agreement.

License. Masonite Corporation (“Masonite”) grants you a revocable, nonexclusive, nontransferable, limited license to download, install, and use the Masonite M-Pwr App for your personal, non-commercial purposes strictly in accordance with this EULA and the Masonite Terms of Use, including any other terms and conditions to which you agree when you register your Masonite M-Pwr App account (your “M-Pwr Account”).

Your Account. Your use of the Masonite M-Pwr App requires that you register your M-Pwr Smart Door and create an M-Pwr Account with Masonite and agree to the terms of such account.

Changes to this EULA. Masonite reserves the right to modify this EULA. If Masonite makes material changes to this EULA, we will notify you via the Masonite M-Pwr App. Your continued use of the Masonite M-Pwr App after Masonite publishes notice of changes to this EULA indicates your consent to the updated terms.

No Included Maintenance and Support. Masonite may deploy changes, updates, or enhancements to the Masonite M-Pwr App at any time. Masonite may provide maintenance and support for the Masonite M-Pwr App but has no obligation whatsoever to furnish such services to you and may terminate such services at any time without notice.

Acceptable Use. You agree that you will not use or encourage others to use the Masonite M-Pwr App in a way that could harm or impair others’ use of the Masonite M-Pwr App.

Privacy. In order to operate and provide the M-Pwr Account and the Masonite M-Pwr App, Masonite may collect certain information about you. Masonite uses and protects that information in accordance with the Masonite Privacy Policy (a current version of which can be found at https://masonite.com/privacy-policy/).

Consent to Electronic Communications and Solicitation. By downloading the Masonite M-Pwr App and/or opting in through notification settings, you authorize Masonite to send you (including via e-mail and push notifications) information regarding the Masonite M-Pwr App and your M-Pwr Account, such as information about your use of the Masonite M-Pwr App, technical or service notifications relating to the Masonite M-Pwr App or the M-Pwr Smart Door (for example, battery replacement), updates to the Masonite M-Pwr App and new features or products, and promotional information about other Masonite products. You can adjust your messaging preferences in the Masonite M-Pwr App or unsubscribe to some messaging by following instructions provided by Masonite.

No Warranty. YOUR USE OF THE MASONITE M-PWR APP IS AT YOUR SOLE RISK. THE MASONITE M-PWR APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Masonite EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Masonite DOES NOT WARRANT THAT THE MASONITE M-PWR APP WILL MEET USER’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. Some jurisdictions do not allow the disclaimer of certain warranties, so all or part of the preceding limitation may not apply.

Suspension and Termination of the Masonite M-Pwr App. Masonite reserves the right to suspend or terminate your access to the Masonite M-Pwr App at any time based on your violation of the EULA or the status of your M-Pwr Account. You understand that if your M-Pwr Account is suspended or terminated, you may no longer have access to the content that is stored within the Masonite M-Pwr App.

Governing Law. This EULA shall be governed by and construed in accordance with the laws of the state of Florida.

Contact Information. If you have any questions regarding this EULA, please contact Masonite by email at legal@masonite.com, by phone at 866-996-2031, or by US mail at Masonite Corporation, 1242 East 5th Ave., Tampa, FL 33605, Attention: Legal.

Third Party Beneficiaries. Upon your acceptance of this EULA, Apple (for iOS Masonite M-Pwr Apps) and Google (for Google Masonite M-Pwr Apps), respectively, will also have the right to enforce this EULA against you as a third-party beneficiary thereof.