Terms of Service

1. Definitions

• "Service" - the SmartHomeEntry platform, including the web application, API, relay servers, and agent software.
• "User" - any individual or legal entity that creates an account and uses the Service.
• "Agent" - software installed on the User's local device that establishes an SSH tunnel to the relay server.
• "Tunnel" - a secure SSH connection between the Agent and the SmartHomeEntry relay server, enabling remote access to the User's local services.

2. Account & Registration

To use the Service, you must create an account using a valid email address or an OAuth provider (Google, GitHub). You are responsible for maintaining the security of your account credentials. You must be at least 18 years old to use the Service.

3. Subscriptions & Payments

• Subscriptions are billed monthly or annually via Stripe. By subscribing, you authorize recurring charges to your payment method.
• You may cancel your subscription at any time from the account dashboard. Access continues until the end of the current billing period. No refunds are issued for partial billing periods.
• We reserve the right to change prices with 30 days' written notice. Existing subscriptions are honored at the current price until the next renewal.
• Displayed prices are final - SmartHomeEntry currently operates as a Polish unregistered activity (działalność nierejestrowana), so no VAT is added at checkout. A Stripe payment receipt is delivered after each charge; Polish faktura VAT will be available after JDG registration (see FAQ).

4. Acceptable Use

The Service is designed for legitimate remote access to home automation systems. You may use it to access Home Assistant, Domoticz, Grafana, and similar systems running on your own hardware.

You may NOT use the Service to: host publicly accessible websites or services; distribute malware or conduct attacks; bypass network security of systems you do not own; share tunnels with unauthorized third parties; exceed the agent limits of your subscription plan; any activity that violates the laws of the User's country of residence or Polish law.

5. User Responsibility for Content and Tunnel Traffic

The User bears full and sole responsibility for all data, content, and network traffic transmitted through the SSH tunnel established via the Service. SmartHomeEntry acts solely as an infrastructure provider enabling secure remote connections - it does not control, monitor, filter, or moderate content transmitted through Users' tunnels.

SmartHomeEntry bears no liability for User actions taken through tunnels, including but not limited to: content transmitted or shared through the tunnel; illegal activity conducted using the Service; violation of third-party rights, including copyrights, patents, trademarks, or privacy rights; damages caused to third parties as a result of tunnel usage.

The User agrees to use the Service exclusively in compliance with applicable law and these Terms. If the User becomes aware of illegal use of the Service by third parties with access to the User's tunnel, the User is obligated to immediately notify SmartHomeEntry at [email protected].

6. Cooperation with Law Enforcement

SmartHomeEntry may disclose User data (including account data, tunnel metadata, IP addresses, and heartbeat logs) pursuant to a valid court order, prosecutor's decision, or other binding request from authorized law enforcement agencies in accordance with applicable Polish law and EU regulations.

If there is a reasonable suspicion that the User's tunnel is being used for criminal activity, SmartHomeEntry reserves the right to immediately suspend or terminate the User's account without prior notice, regardless of the provisions in the termination section.

Upon request from law enforcement, SmartHomeEntry may preserve User data for the period specified in the request, even if the User requests its deletion.

7. Service Availability

We aim for 99.9% uptime but do not guarantee uninterrupted availability. Scheduled maintenance will be announced at least 24 hours in advance.

The Service is provided "as is" without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

8. Data & Privacy

Our handling of your personal data is governed by our Privacy Policy. By using the Service, you acknowledge that tunnel traffic passes through our relay servers. We do not inspect, log, or store the content of your tunnel traffic.

9. Limitation of Liability

To the maximum extent permitted by law, SmartHomeEntry shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, revenue, or profits, arising from your use of the Service. Our total liability shall not exceed the amount you paid for the Service in the 12 months preceding the claim. In particular, SmartHomeEntry bears no liability for User content, data, or actions transmitted through tunnels, including illegal activities.

10. Indemnification

The User agrees to indemnify, defend, and hold harmless SmartHomeEntry, its officers, employees, and partners from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to: the User's use of the Service; content, data, or traffic transmitted through the User's tunnel; violation of these Terms or applicable law by the User; infringement of any third-party rights by the User.

SmartHomeEntry will promptly notify the User of any such claim and cooperate in its defense. The User may not settle any claim without SmartHomeEntry's prior written consent if such settlement imposes obligations on SmartHomeEntry.

11. No Obligation to Monitor

In accordance with Article 8 of Regulation (EU) 2022/2065 (Digital Services Act) and Article 15 of Directive 2000/31/EC (E-Commerce Directive), SmartHomeEntry has no general obligation to monitor the data transmitted through Users' tunnels, nor to actively seek facts or circumstances indicating illegal activity.

However, SmartHomeEntry reserves the right to act upon receiving actual knowledge of illegal content or activity, including by removing or disabling access to content, suspending tunnels, or terminating accounts in accordance with these Terms and applicable law.

12. Copyright Infringement Notices

SmartHomeEntry respects intellectual property rights and responds to notices of alleged copyright infringement. If you believe that content accessible through a User's tunnel infringes your copyright, you may submit a notice to [email protected] containing: identification of the copyrighted work; identification of the allegedly infringing material and its location; your contact information; a statement of good faith belief that the use is not authorized; a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.

Upon receiving a valid notice, SmartHomeEntry may suspend or terminate the tunnel associated with the alleged infringement and notify the affected User. Repeat infringers may have their accounts permanently terminated.

13. Prohibition of Copyright-Infringing Content

Without limiting the general provisions of Section 4 (Acceptable Use), the User is expressly prohibited from using the Service to distribute, share, stream, or make available any content that infringes copyright or related rights, including but not limited to pirated films, music, software, games, e-books, or any other protected works.

SmartHomeEntry will cooperate with rights holders and law enforcement in identifying and addressing copyright infringement conducted through the Service. Violation of this section constitutes a serious breach of these Terms and may result in immediate account termination without prior notice and without refund.

14. Termination

You may delete your account at any time. Upon deletion, your tunnels will be deactivated and your data will be removed in accordance with our Privacy Policy.

We may suspend or terminate your account if you violate these Terms, engage in abusive behavior, or fail to pay subscription fees. We will provide 14 days' notice before termination, except in cases of serious abuse.

15. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or a notice on the website at least 30 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance.

16. Governing Law

These Terms are governed by the laws of Poland. Any disputes shall be resolved by the competent court in Poland. If you are a consumer within the EU, you retain the right to bring proceedings in your country of residence.

17. Contact

For questions about these Terms, contact us at:
[email protected]