1. Using Vivint Devices and Services

1. Age Requirements

   You must be at least 18 years old to have a Vivint account and use Vivint services. If you are a parent or guardian and choose to allow your child to use Vivint devices and services, these Terms apply to you, and you are responsible for your child’s activity on Vivint devices and services.

2. Vivint Accounts

   You may need to set up a Vivint account to use Vivint devices and services. You are responsible for anything done on or with your Vivint account. You should keep your account password secure, and you must change it if we require you to.

3. Authorized Users

   If you are an administrator of a Vivint system, you can authorize others to use your system by adding them as users or giving them access credentials. Anyone you authorize should be responsible, informed, and capable of using your Vivint devices and services appropriately. You are responsible for their actions, including purchases of additional Vivint devices and services. Sharing passwords and PINs may compromise your Vivint account and system. You are responsible to keep those secret and ensure that additional users have their own username, PIN, and password.

4. Suspending or Terminating your Access to Vivint Services

   Among other remedies, Vivint may suspend or terminate your access to any or all Vivint services or terminate your Vivint account at any time and for any reason, including if any of these things happen:

   • Your internet service is interrupted or unavailable
   • You do not pay your bill or other amounts due to Vivint
   • You breach these Terms
   • We are required to do so to comply with a legal or regulatory requirement or a court order
   • We identify potential security or safety concerns associated with your account or activity
   • You prevent us from providing you the Vivint services effectively
   • You become a debtor in a bankruptcy proceeding
   • We are unable to provide you Vivint services because of things outside of our control, such as war, terrorism, civil unrest, network disruptions, critical infrastructure damage, labor disruptions, natural disasters, and epidemics or pandemics

   When your account is terminated:

   • Your license to use Vivint services terminates
   • We may delete the information associated with you and your Vivint account, devices, and services

   You do not have ownership rights in your Vivint account.

5. Moving

   If you move from the service address but leave your Vivint system, you are responsible for notifying us immediately so we can stop providing Vivint services to that system. If another person lives at the service address, such as an elderly parent, and they move, you must also notify us. You must not use a Vivint system at the service address after others move there.

   If you subscribe to our alarm monitoring services, you are not permitted to move your Vivint System and use those services at a new location without first notifying us and obtaining our written approval, which we may give or withhold in its sole discretion. If you do not, we may not be able to provide effective alarm monitoring services to you. We reserve the right to deny providing you Vivint services at a new address.

6. Geographical Use of Vivint Devices and Services

   Vivint devices and services are designed and tested for use in the United States (U.S.) only. If you choose to use them outside the U.S., you do so at your own risk, and you are solely responsible for complying with the laws of the country you are in. Some features of your Vivint devices and services may not work or be legal to use in other countries. To the fullest extent permitted by applicable law, Vivint accepts no responsibility or liability for any damage or loss caused by your access or use of Vivint devices and services outside of the U.S.

   By using Vivint devices and services, you acknowledge and agree that you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country and you are not listed on any U.S. government list of prohibited or restricted parties.

7. Acceptable Use Policy

   To maintain a lawful and respectful environment, you must follow these rules of conduct when using the Vivint devices and services:

   • Comply with applicable laws
   • Respect the rights of others, including privacy
   • Do not abuse or harm others or yourself
   • Do not abuse or make false claims to emergency responders
   • Do not resell Vivint services
   • Do not use Vivint devices or services for commercial use unless we authorize it first
   • Do not hide or misrepresent who you are to violate these Terms
   • Do not produce services that encourage others to violate these Terms
   • Do not abuse, harm, interfere with, or disrupt Vivint services or internal systems by:
     • Introducing malware
     • Spamming, hacking, or bypassing our systems or protective measures
     • Reverse engineering our services or underlying technology to extract trade secrets or other proprietary information, except as allowed by law
     • Using applications or integrations other than those provided or officially supported by us to access Vivint services or accounts
     • Using software or tools or taking action that imposes an unreasonable or disproportionately large load on our systems or infrastructure

8. Service Interruptions

   Your Vivint devices and services may be temporarily suspended, without notice, for security reasons, systems failure, maintenance and repair, or other circumstances. To the fullest extent permitted by applicable law, you will not be entitled to any refund for these temporary suspensions.

9. Device & Service Requirements

   Vivint devices and services require a Vivint account and a stable Wi-Fi network with reliable internet connection and sufficient bandwidth to operate correctly. To access and control your Vivint devices and services you must have a mobile device with the Vivint app, Wi-Fi and Bluetooth capabilities, and a functional camera with the ability to scan QR codes. It is your responsibility to ensure that these are properly configured and compatible with your Vivint devices. We may enable Bluetooth and geolocation tracking on your mobile device, adhering to your device’s settings, without prior notice, to ensure the correct functioning of Vivint devices and services or to activate specific features. If there is an interruption in your Wi-Fi network or internet connection, your Vivint devices and services, including notifications and alerts, may be unreliable or unavailable.

10. Limits of Vivint Devices and Services

    Some things that are out of our control can limit the function of your Vivint system. For instance, you choose the specific Vivint devices and services you purchase. Additional Vivint devices and services, which come at additional cost, may add functionality and detection capability to your Vivint system. Also, the proper function of your Vivint devices and services relies on third-party networks, systems, devices, and services that Vivint does not control, like your Wi-Fi network, enabled wireless devices (such as a phone or tablet), broadband internet service, cellular services, and utility services. Those may be interrupted, delayed, refused, or otherwise limited and that may affect your system’s functionality. We also cannot control the efforts or timing of emergency responders. Nor can we control how you and others will act during a safety or security event on your property. And while we strive for Vivint devices and services to be error-free, completely reliable, and constantly available, we cannot guarantee that they will be.

11. Device Maintenance

    You are responsible for educating yourself on how to use and maintain your Vivint devices. They may not work if you use, maintain, or set them up incorrectly. Once your Vivint system is installed, you are also responsible for ensuring that it (and all its related components) functions and communicates correctly and that it is properly maintained. You are responsible for replacing the batteries in your Vivint devices when necessary. Vivint devices may not function properly if their batteries need replacement; please check them regularly.

12. Technical Support

    If you need our technical assistance, you can request it in the Vivint app, via chat at Vivint.com, via email at [email protected], or by phone at (800) 216-5232. We may charge for remote or on-site troubleshooting and repair services not covered by our Limited Warranty.

13. Smoke and Carbon Monoxide Detectors

    Vivint’s smoke and carbon monoxide detectors comply with the national fire alarm and signaling code of the National Fire Protection Association's, NFPA 72. We install them based on that code’s standards. But you are responsible for their ongoing inspection, testing, and maintenance. You are also responsible for any changes you make to them.

14. Your responsibilities with your Vivint system’s cameras and microphones

    There may be laws that apply to your use of Vivint cameras and microphones, as well as the audio, video, still images, and image recognition data from them. You are responsible to comply with all laws and regulations governing the placement, presence, operation, and use of microphones and cameras and the content they create. Where required by law, you must (i) before recording, conspicuously notify people around your microphones or in the field of view of your cameras that their activities and sounds may be recorded, (ii) provide any other legally required disclosures, and (iii) obtain any consents required by applicable law, like state or federal wiretap laws. You will indemnify and defend (at your own cost and expense) Vivint from and against all damages, liabilities, costs, and expenses of any kind arising out or relating to any such activities, recordings, images, and data.

15. Third-Party Devices & Services

    Vivint devices and services may allow you to access, use, link to, or interact directly with third-party websites, apps, content, devices, and other services, like demand response services and energy generation tracking services. When you use third-party services, their own legal terms and privacy policies will govern your use of those services in addition to these Terms. For example, using Google Maps within the Vivint mobile app binds you to the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy). You must comply with those terms when using those services.

    Third-party devices and services that are not designated by Vivint as compatible with the Vivint devices and services may not work properly with your Vivint devices and services. You will only use third-party services designated by Vivint as compatible with the Vivint devices and services. We are not responsible for the information, content, goods, or services available through the third-party devices and services.

16. Sound Detection

    Some Vivint devices attempt to detect designated sounds, like the sound of alarms (e.g., a smoke or carbon monoxide alarm) or glass breaking. You acknowledge that those devices cannot detect the presence of hazards (e.g., smoke or carbon monoxide) in your home.

17. Energy Savings and Other Benefits

    Unless we explicitly promise a “guarantee,” we do not guarantee or promise any specific level of energy savings or another benefit from using Vivint devices and services. Actual energy savings and other benefits may vary depending on factors beyond Vivint’s control or knowledge. You acknowledge that any savings estimates provided by Vivint (including those unique to your home) are not guarantees of actual savings.

18. Our Alarm Monitoring Services

    We provide alarm monitoring service of your Vivint system. That service is governed by our Alarm Monitoring Terms.

19. Self-Installation

    We offer professional installation for a fee. But if you install Vivint devices on your own or have someone other than Vivint install them, it is your responsibility to install and use them correctly. Some information is available in our device manuals and instructions. If a device is not properly installed or if its sensors are outside the detection range or hindered or obstructed by walls, furniture, or other things, you may experience false alarms or detection failures. We are not responsible for those. Products you damaged during self-installation are not be covered by our Limited Warranty.

20. Company Licenses

    A list of our company licenses and registrations related to Vivint services is available on our License page.

2. Using Paid Subscription Services

1. Subscriptions

   We offer various subscription services. These subscriptions are offered with a month-to-month term or with a multi-month term. Each subscription continues until its term ends, you cancel it, or we terminate it (as outlined in these Terms). Subscription services may be governed by service-specific additional terms.

   Some features of your Vivint devices require a subscription. For example, if you subscribe to our alarm monitoring service, we monitor and respond to alarms from your Vivint devices and services and alert emergency responders.

2. Cancelling Your Vivint Services & Subscriptions

   You can cancel a Vivint service or subscription by calling Vivint Customer Service at (800) 216-5232 during normal business hours (Mountain Time) to initiate the cancellation process. That subscription will be cancelled within 30 days of our receiving your request. 

   Merely unpairing a Vivint device associated with a subscription service will not cancel that subscription.

   If you cancel a Vivint service:

   • You will lose any discounts or promotional pricing you have in that service
   • If you have an active multi-month subscription to a Vivint service, you may have to pay an early termination fee
   • Your Vivint devices and services may lose features and functionality
   • You will lose access to the Vivint app and may lose access to your Vivint account

   Please note that if you do not have an active subscription to any Vivint services, your Vivint devices and services might have limited functionality or may not work at all.

3. Subscription Billing 

   We provide you a monthly statement in your online account, which is available at account.vivint.com. Your statement shows the amount due each month. Subscription service charges may vary because of promotional discounts, changes to the service plan or fee, and changes in applicable taxes. We calculate and charge sales tax per applicable laws. Fees for the Vivint services are payable monthly in advance.

   You may receive a paper statement for a fee.

4. Payment

   You may pay your monthly subscription fees and set up automatic payments at account.vivint.com or by calling (800) 216-5232. We reserve the right to require you to pay with an electronic method of payment or to charge you a processing fee if you choose to pay by mail or paper bill.

   By providing a credit card or other payment method accepted by Vivint, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges).

5. Late Fees

   We charge a one-time late fee on payments made more than 10 days after they are due or after the minimum number of days permitted by law. If you are a resident of Maine, Massachusetts, Nebraska, or Mississippi, a late fee will be charged after 15 days. The amount of the late fee will be no more than the maximum amount permitted by law. For residents of California, this is $10.

6. Additional Fees

   We may pass on to you costs and fees that are outside of our control and charged to us by third parties (excluding product and part manufacturers and suppliers) to provide Vivint services to you and our other customers. For instance, we may pass on costs and fees imposed on us by utilities and government entities. We may pass on the costs required to update your Vivint devices or our Vivint services to comply with changes in laws, regulations, utility systems, and technical standards and protocols. If you subscribe to alarm monitoring services, we may pass on costs and fees associated with private responders, false alarm fines, and related administration costs. And if an emergency responder is contacted to respond to an alarm from your Vivint system, you are responsible for the cost of their response.

   Additional fees are separate from our subscription fees and will be listed separately on your monthly bill. We may change these fees and add new fees when our underlying costs change, we incur new costs, or we reasonably anticipate new costs in the foreseeable future. We may spread these fees over time and across our customer base and accrue them in advance to cover significant upcoming, foreseeable events. We will notify you of any new fees or fee increases before they are charged.

3. Using Vivint Software and Intellectual Property

1. License

   Some of our devices and services are programmed with copyrighted and proprietary software, including downloadable or preloaded software. We give you permission to use that software as part of the Vivint services. The license we give you is:

   • Limited to use in the United States
   • Non-exclusive, which means that we can license it to others
   • Royalty-free, which means there are no separate fees for this license other than those generally associated with our subscription services
   • Personal, which means it does not extend to anyone else
   • Non-assignable, which means you are not allowed to assign it to anyone else.

   This license is subject to these Terms. This license ends when these Terms end. A license related to subscription services ends when your subscription to the underlying Vivint services ends. Some of this software is offered under open-source license terms. Because provisions in the open-source license may override parts of these Terms, we encourage you to read those licenses.

   The license we give you in the Vivint app is non-transferable, which means you cannot transfer it to others. It only allows you to use the app on a device that you own or control, consistent with any usage rules outlined in the Application Provider's terms and conditions. You may only use the Vivint app from the App Store on an Apple® device and only in accordance with the App Store’s Usage Rules that apply to the app. If you use the Vivint app on an Apple device, the Vivint app may also be accessed, acquired, and used by other accounts associated with you through Family Sharing or volume purchasing.

2. Automatic Software Updates

   We may, from time to time, develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Vivint devices and services. These may be automatically installed without providing any additional notice or receiving any additional permissions from you. You agree to receive these automatic updates. If you do not want such updates, you should stop using the Vivint devices and services and cancel any subscription services you have. Some updates may be optional or require your consent. We strongly suggest you allow your Vivint device to receive all updates to ensure your Vivint devices and service perform optimally. Other updates, like updates designed to fix a critical legal, safety, or security vulnerability or operational defect, may be completed regardless of your update settings. You may not be able to use the applicable Vivint device or service until you have downloaded critical updates.

3. Reserved Rights

   Vivint owns and retains all proprietary rights to the Vivint devices and services and its software, patents, trademarks, and copyrights. We do not grant you any rights in these under these Terms, except where we explicitly state so. You must not modify, translate, reverse engineer, decompile, disassemble, or create derivative works of the software or assist someone in performing such prohibited acts. You are not authorized to reproduce, transmit, or distribute Vivint’s proprietary information. You are not authorized to use our trademarks for any commercial purpose. 

4. Export Limits

   None of our software may be downloaded, exported, or re-exported:

   • Outside the U.S.
   • By or to anyone who is not a citizen, national, or lawful permanent resident of the U.S.
   • By or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.

5. Terms Applicable to the Vivint App

   The availability of the Vivint app depends on the third-party store (e.g., the App Store and Google Play) you downloaded it from. These Terms are exclusively between you and Vivint only, and not with the owner of that third-party store (“Application Provider”). Vivint, not the Application Provider, is sole responsibility for the maintenance and support of the Vivint app.

   Both Vivint and you acknowledge that Vivint, not the Application Provider, is solely responsible for handling (which may include investigating, defending, settling, and/or otherwise addressing) any legal or warranty claims related to the Vivint app or your possession and use of it. These claims may include without limitation (i) product liability claims, (ii) claims that the app does not meet applicable legal or regulatory requirements, (iii) claims under consumer protection or similar laws, and (iv) intellectual property claims. If the App Store version of Vivint app fails to work as stated in any product warranty we offer for it, you may notify Apple and Apple will refund the purchase price for the app, if any, to the maximum extent permitted by applicable law.

   Both Vivint and you agree that the Application Provider and its subsidiaries are third-party beneficiaries of these Terms solely concerning the Vivint app and your usage of it. Upon your acceptance of these Terms, the Application Provider gains the right to enforce these Terms against you, but only regarding your use of the Vivint app.

4. How we Use Your Personal Information and Contact You

1. How we use your personal information

   The personal information we obtain from you and other sources and through your use of Vivint devices and services is subject to our Privacy Notices. By using Vivint devices and services, you consent to our collecting (including your consent to record your telephone conversations with our representatives), using, disclosing, and sharing your personal information as explained in our Privacy Notices.

2. How we may use your content

   We use content and data generated by your Vivint devices and submitted by you to provide you with Vivint services. You grant us a royalty-free and irrevocable license to do so and to use it in the ways described in our Privacy Notices.

   Some Vivint services may allow you to post and share content, like text, photos, videos, and other materials. You grant us a royalty-free and irrevocable license to use, copy, and display that material globally in relation to Vivint devices and services.

3. Your Feedback

   If you send us any feedback, we may use it to improve Vivint devices and services without any obligation to you, like attribution or compensation. By sending us feedback, you give us the right to use and sell devices, services, and features that incorporate that feedback. If assigning that right is legally prohibited, you give us an exclusive royalty-free license to use and sell devices, services, and features that incorporate your feedback throughout the world.

4. How we may contact you

   We will sometimes send you service announcements and other information related to Vivint devices and services, as described in our Privacy Notices. You consent for us and third parties acting on our behalf to contact you by telephone (including calls and text messages to your cell phone), email, the Vivint mobile app, or through your Vivint devices and system to provide alarm monitoring alerts, new product and service offers, billing notices, and other messages related to your Vivint account and your Vivint devices and services. You understand and acknowledge that our calls and texts may entail using an automatic telephone dialing system, artificial or prerecorded voice messages, or both and that message and data rates may apply.

5. Consent for us to collect and use information about your home’s energy generation, storage, and use

   By linking an account from a third-party service provider to your Vivint account or app, you consent to that third-party sharing your data with us and our using it. For example, if you link to your Vivint account or app an account with a third-party smart home service provider, a home energy provider, a home energy storage provider, or a solar energy inverter provider, you consent to, as applicable:

   • The provider sharing with us information about your use of their smart home services or energy generated, stored, and used by you
   • Vivint using that information with Vivint services, like displaying and using their smart home data; home energy generation, storage, and usage information; and inferences from that information in the Vivint app and on your Vivint panels

6. What we do to protect your data

   We care about the integrity and security of your personal information. We strive to implement reasonable technical, administrative, and physical security measures designed to protect your personal information, your Vivint account, system, devices, and services. However, no company (including Vivint) can guarantee that unauthorized parties will never be able to defeat its security measures or use or access your personal information, Vivint account, system, devices, and services for improper purposes. You acknowledge that you provide us with your personal information and that you use your Vivint account, system, devices, and services at your own risk.

7. How you can keep your account and Vivint system secure

   You are responsible for maintaining the confidentiality of your account login information and access codes (e.g., door codes and panel PIN). You are responsible for using account passwords that you do not use anywhere else, including a combination of several (e.g., at least eight) upper- and lower-case letters, numbers, and symbols. You are also responsible for using strong and unique access codes, including separate PINs for different users or user types, and not using access codes that you use for other purposes (e.g., bank PIN). You are responsible for periodically changing your login information and access codes and using two-factor authentication with your account. Also, we may require you to change your password if we believe it is compromised. You should immediately notify us of any unauthorized use or suspected unauthorized use of your account or any other suspected security breach. We are not responsible for any loss or damage arising from your failure to comply with the above requirements and obligations.

8. Consent for us to share your information with emergency responders

   If you subscribe to our alarm monitoring service, you consent to Vivint sharing your personal information and emergency contact information with your local government authorities, emergency responders, and our private responders we contract with in response to alarms from your Vivint system.

9. How we handle government requests for customer information

   Government entities and law enforcement agencies occasionally ask us to disclose customer information. We only release data to them when we receive a properly served, valid legal request that requires us to do so.

   If we reasonably believe we can prevent death or serious harm, we may share information with a government agency without requiring them to serve us with a proper legal request. For instance, this could apply to kidnappings, suicide prevention, and missing persons cases. We evaluate these requests individually based on laws and our policies.

5. In Case of Problems or Disagreements

The terms of this section will continue to apply to our relationship after you terminate your Vivint account or stop using Vivint devices and services. They also apply to our direct and indirect parent organizations, affiliates, subsidiaries, successors, assigns, employees, agents, and third-party authorized sellers.

1. Warranties

   We strive to make Vivint device and services useful and reliable, and we are continuously improving them to meet your needs. However, for legal purposes, we offer our services without warranties unless explicitly stated in our service-specific additional terms or Limited Warranty. The law requires us to explain this using the following specific legal language written in capital letters for visibility:

   Except for any limited warranty provided with Vivint devices and services you purchase, to the extent allowed by applicable law, we provide our devices and services “as is” without any express or implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. For example, we do not make any warranties about the capabilities, content, or features of our devices and services, including their accuracy, reliability, availability, or ability to detect safety and security events. We do not warrant that our devices or services will improve safety or detect or help prevent any burglary, fire, home invasion, or any other such event or that they are error-free. We do not undertake any risk that you or your property or others or other’s property may be injured in that type of event. We also do not warrant that our devices or services cannot be defeated or compromised.

   Visit www.vivint.com/legal/warranty for information about our current Limited Warranty on Vivint devices and installation services.

2. Liabilities

   The law and these Terms try to balance what you and Vivint can claim from the other if problems arise between us. These Terms limit our responsibilities to you, as allowed by applicable law. These terms do not limit our liability for gross negligence or willful misconduct.

   To the extent allowed by applicable law:

   • Vivint is liable only for its breaches of these Terms
   • Vivint is not liable for:
     • loss of profits, revenues, business opportunities, goodwill, or anticipated savings
     • indirect or consequential losses
     • incidental damages, such as personal injury or property damage
     • punitive, special, or exemplary damages
     • any damage arising out of your use or inability to use Vivint websites
   • Vivint total liability arising out of or relating to these Terms or a Vivint device or service is limited to the lesser of (1) $500 or (2) the amount you paid us for the specific Vivint device or service involved in the dispute in the 12 months prior to the dispute.
   • Notwithstanding the foregoing, our only liability for defective Vivint devices or installation is limited to the repair or replacement of the defective device or installation, as outlined in our Limited Warranty.

   The limits listed above do not apply to property damage caused by our repossessing Vivint devices of Pennsylvania residents.

   These liability limits also apply to Vivint’s direct and indirect parent organizations, affiliates, subsidiaries, successors, assigns, employees, agents, and third-party authorized sellers.

   You may obtain from us a higher limitation of liability for an additional charge. If you elect this option, we will enter a separate agreement that lists the amount of the higher limitation of liability and the additional charge. Agreeing to the higher limitation of liability does not mean Vivint is an insurer.

3. Vivint is not an Insurer

   The fees and costs you pay us under these Terms are based on the value of the Vivint devices and services you purchase. These fees and costs are not insurance premiums and do not give you insurance coverage for the value of your life, your property, anyone else’s life or property in your custody or located on your property, or any risk of loss of the things listed in this sentence. If you wish to have insurance cover your property, its contents, and its occupants and visitors, you must get it from another company. Vivint is not an insurer and is not providing you with insurance of any type under these Terms. We are not liable for any loss, damage, or injury that may occur on your property even if you believe your Vivint devices and services could have or should have prevented it. You hereby release us and covenant not to bring any claim against us for any such loss, damage, or injury. You release and waive for your insurer all subrogation and other rights to recover against Vivint arising from the payment of any claim for loss, damage, or injury arising out of these Terms and Vivint devices and services.

4. Indemnification by You

   To the extent permitted by law, if someone threatens to sue us or sues us because of something you did (like using Vivint devices or services incorrectly, breaking the law, or giving us wrong or unauthorized information), you will indemnify us and our parents, subsidiaries, and affiliates for any losses, expenses, or costs we incur because of those lawsuits. You release us from any lawsuit or threat of a lawsuit brought by another person or organization on your behalf, such as your insurance company.

5. Governing Law

   Utah law will govern all disputes arising out of or relating to these Terms or any related Vivint device or service, regardless of conflict of laws rules.

6. Timing of Claims or Suits

   No lawsuit or any other legal proceeding connected with this agreement will be brought or filed after the later of (i) one year after the incident giving rise to the claim occurred or (ii) the shortest time allowed by applicable law.

7. Arbitration Provision – Please Review Carefully as This Impacts Your Legal Rights 

   You and Vivint agree that any dispute or legal claim of any kind involving you and us that relates to or is connected with these Terms, regardless of the legal theory alleged or used to determine liability (whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise), will be resolved through individual arbitration. This section is known as the “Arbitration Provision.”

   1. You May Opt Out of Arbitration

      You may opt out of this Arbitration Provision by sending a letter to Vivint telling us that you wish to opt out. You must send that letter within 30 days of the day you first agreed to these Terms. Send the letter to Vivint LLC, Attn: Legal Department - Arbitration, 3401 Ashton Blvd, Lehi, UT 84043. Please include the following information in your letter: the date, your name and residential address, and a clear statement that you wish to opt out of this Arbitration Provision. Opting out of the Arbitration Provision will not negatively affect your relationship with Vivint or the Vivint services we provide you. Please note: Any opt-out notifications submitted after this 30-day period will not be effective.

   2. You May Sue in Small Claims Court

      As an alternative to arbitration, you or Vivint can bring a lawsuit in small claims court in the jurisdiction where your Vivint system is installed, so long as the case isn't combined with another person’s, and it falls within the court’s monetary jurisdiction.

   3. How to Initiate an Arbitration Proceeding

      Either you or Vivint may initiate an arbitration proceeding by opening a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879) and sending a demand to the AAA that includes all the information required in the notice. You must also deliver the demand or otherwise notify Vivint regarding the arbitration proceeding by mail addressed to Legal Department - Arbitration, 3401 Ashton Blvd, Lehi, UT 84043. Any arbitration under this Arbitration section will be governed by the Federal Arbitration Act. Arbitrations will be administered by the AAA pursuant to the most recent version of its Consumer Arbitration Rules (the “AAA Rules”). You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). The payment of the AAA’s fees and costs will be governed by the AAA Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs.

   4. Where an Arbitration may be Located

      The arbitration will either be held in the jurisdiction where you live, in Salt Lake County or Utah County, Utah, or in another location agreed upon by you and Vivint. The arbitrator will decide issues of arbitrability of claims and will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms. These Terms will bind the arbitrator about available damages and other limitations. Judgment on the arbitration award may be entered in any court having jurisdiction.

   5. Waiver of Class, Collective, and Representative Action/Relief

      There is no right or authority for any claims under these terms to be arbitrated or litigated (i) on a class action, collective action, or other joint or consolidated basis or (ii) on bases involving claims brought in a purported representative capacity on behalf of the general public (such as a private attorney general), other subscribers, or other persons. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against or on behalf of anyone who is not a party. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class, collective, or other joint or consolidated, or representative proceeding. This waiver of class, collective, other joint or consolidated, or representative actions and relief is an essential part of this Arbitration Provision and cannot be severed from it. The remaining portions of this Arbitration Provision are not essential parts of this Arbitration Provision and can be severed from it by a court of competent jurisdiction.

8. Waiver of Jury Trial

   You and Vivint agree to waive the right to a trial by jury in relation to any dispute arising out of these Terms or any dispute covered by the arbitration provision. This does not apply to customers in California or Pennsylvania.

6. About These Terms

1. As a consumer, you have certain legal rights. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions may not allow the exclusion of implied warranties, including exclusions relating to products or services that are faulty or not as described, or the exclusion or limitation of incidental or consequential damages or other rights. For a full description of your legal rights, you should refer to the laws applicable in your country or jurisdiction. Nothing in these Terms will affect those other legal rights.

2. These Terms describe the relationship between you and Vivint. They do not create any legal rights for other people or organizations that are not named in them, even if others benefit from that relationship under these Terms.

3. If these Terms of Service conflict with the service-specific additional terms, the additional terms will govern that service. However, if you signed a System Equipment Purchase and Services Agreement with Vivint and that agreement conflicts with these Terms of Service, these Terms of Service will govern except during the “Initial Term” of that agreement (as that terms is defined in that agreement) and only for (i) terms related to fees you may owe Vivint, and (ii) the Limited Warranty terms on Vivint devices you purchased before March 1, 2025.

4. If it turns out that a particular provision of these Terms is not valid or enforceable, this will not affect any other provision.

5. If you do not follow these Terms and we do not take action right away, that does not mean Vivint is giving up any rights it may have, such as taking action in the future.

6. These Terms replace any statement made by any Vivint employee or a seller of Vivint devices and services.

7. We may transfer or assign these Terms. You may only transfer this agreement to someone else if we approve the transfer in writing.

8. We may use other parties to provide installation, repair, or other Vivint services. These Terms, particularly the “In Case of Problems or Disagreements” section, will apply to those parties and the work or services they provide and protect them in the same manner as it applies to and protects Vivint.