MERAKI GO TERMS OF SERVICE
Welcome to Meraki Go! Meraki’s goal is to make your experience GREAT, including all the legal stuff. We aim to keep our legal terms simple, transparent, and to the point. So, let’s “Get Your Business Going”!
Please be sure to read the below terms carefully before you use the Software (defined below) or your Meraki Go device (collectively, the “Products”). Once you click “Accept” or once you use the Products, you’re agreeing to these terms.
Part of your Meraki Go purchase includes software that you will license from Cisco (as defined below), such as the Meraki Go operating system executable code, the Meraki hosted software known as the Dashboard, related APIs, mobile application, embedded software, third-party software, firmware, fonts, and other data, including any updates, whether on disk, in read only memory, on any other media in any other form (we refer to all of those software elements collectively as, the "Software").
1. Getting Started
A. Your use of the Products will be governed by the terms and conditions set out in this agreement which are referred to below as the “Meraki Go Terms”. Please only use the Products if you agree to these Meraki Go Terms.
B. There are a few ways you can accept these Meraki Go Terms. You can:
i. click to accept when creating your Meraki Go account; or
ii. by actually using the Products.
C. If you’re agreeing to these terms on behalf of an entity, you have the right to bind that entity. If you don’t have that type of authority, or you don’t agree to any of these Meraki Go Terms, no problem; just don’t use the Products.
D. “Cisco” means Cisco Systems, Inc., whose principal place of business is at 170 West Tasman Drive, San Jose, California 95134, United States.
E. Cisco has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, the Subsidiaries and Affiliates will be providing the Software to you on behalf of Cisco. If they do, you agree and accept the Software from Subsidiaries and Affiliates as if from Cisco itself.
2. Licenses and Restrictions
A. Let’s Get Your Business Going! Cisco grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, access and use the Products.
B. Let’s play nice. You are not permitted to copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code or algorithms of the Products. And, of course, don’t engage a third party to do that work on your behalf.
C. Also, you are not permitted to:
i. Interfere with the Software, or the servers and networks which are connected to it, or with Cisco’s ability to provision the Software to any of its customers;
ii. transfer, sublicense, or assign your rights under this license to any other person or entity;
iii. make the functionality of the Software available to third parties; or
iv. remove, modify, or conceal any product identification, copyright, proprietary, intellectual property notices or other marks on or within the Products.
D. Your rights to use the Software are non-transferable and may not be sublicensed. So, please don’t assign or grant a sub-license of your rights under these Meraki Go Terms, grant any security interest in or over your rights to use the Software, or in any other way transfer any part or all of your rights to use the Software.
i. You are solely responsible for your breach of these Meraki Go Terms, including all the stuff your Network Users (defined below) do, and all consequences of your actions and the actions of your Network Users, including any loss or damage which Cisco may suffer.
E. You’re also responsible for using the Products in accordance with applicable law (including any export control laws and similar regulations governing the transfer of software and other technology outside of the United States or other jurisdictions). Importantly, the Software may not be available to all persons or in all countries. To that end, you will ensure that neither the Software nor any Meraki Go device are directly or indirectly exported, re-exported, or used to provide services in violation of applicable export laws and regulations. If Cisco detects any Products operating in violation of such laws they will be removed from your account, following written notice to you (in the form of an email).
F. The Software may include hyperlinks to other web sites, content or resources. Cisco has no control over those web sites or resources or that content.
G. Please use the Meraki Go device only in accordance with the specifications (the “Specifications”) available on our website, and keep in mind that you (not Cisco) are solely responsible for maintaining administrative control over your Meraki Go account.
3. Software Modifications
A. We’re constantly working to deliver the best products to our customers. The Software may change from time to time, without prior notice to you. There may also be times when Cisco has to temporarily suspend or end offering the Software or some specific feature or functionality. We make those decisions in our sole discretion, without prior notice to you.
B. We also develop patches, bug fixes, updates, upgrades and other modifications to the Software, in addition to new software modules, enhanced functions and completely new versions of the Software (“Updates”). If you continue to use the Software, you consent to the automatic downloading and installation of these Updates, which may be automatically downloaded and installed onto your Meraki Go device(s) without notice.
C. From time to time we may need your help to install Updates to certain features of the Software to ensure the Software functions as intended and to maintain the security of the platform. You acknowledge that you may be required to install Updates to continue use of, or access the full functionality of, the Software, and you agree to promptly install such Updates.
D. We hope it never happens, but we do understand that there may come a time when you do not want to install an Update. If that happens, your sole remedy is to stop using the Software and your Meraki Go device. If you restart using the Software or your Meraki Go device, the automatic download of Updates may restart and by continuing to use the Software or your Meraki Go device, you are consenting to such Updates.
A. We know privacy is important to you, and it’s important to us too. We work hard to protect your privacy and personal information. You can find more information in Cisco’s Online Privacy Statement (available here) Trust us, it’s a great read!
B. By using your Meraki Go device, you understand that you are collecting data regarding the devices that connect to your local area network, created in whole or in part by use of Meraki Go devices and how your network is being used, including the types of data described below. By means of your Meraki Go hardware, you are then transferring that data to Cisco for processing and storage, including data that may contain personally identifiable information of Network Users (collectively, “Customer Data”). That said, the Products include functionality that limits or restricts the types of information collected, and you may certainly make use of that functionality. You retain all right, title and interest in and to your Customer Data. Meraki is permitted to use Customer Data only as reasonably required to provide the Products and, only to the extent necessary, to protect our rights in any dispute with you and as required by law. It is your responsibility to provide notice to, and obtain any necessary consents from, your Network Users regarding collection, processing, and storage of Customer Data. For purposes of this section, a “Network User” is anyone who obtains access to your Meraki Go local area network.
5. Cisco’s Rights
A. As between you and Cisco, Cisco owns and reserves all rights with respect to the Software and all intellectual property rights with respect to Meraki Go hardware devices. In addition, you hereby assign to Cisco all of your interest in any feedback you convey to us related to the Products. Meraki may incorporate modifications into the Hosted Software, the Firmware and the Documentation at any time.
B. Unfortunately, you are not permitted to use any of Cisco’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
A. We include certain third party open source programs in our Software (referred to collectively as the "Open-Source Software"). Separate open-source license agreements govern your use of the Open-Source Software. You should read and understand your rights under those separate open-source license agreements, which are not modified by these Meraki Go Terms.
A. The limited warranty and Product End-of-Life Policy that accompanies your Meraki Go device is available at meraki-go.com/warranty. This section does not affect in any way our return policy for your Meraki Go device(s) available at meraki-go.com/warranty.
B. Except as expressly set forth above, Cisco disclaims all warranties, express, implied, statutory, or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, or title. Cisco assumes no responsibility for any damages to your hardware, Software, or other materials.
8. Changes to these Meraki Go Terms
A. Cisco may make changes to these Meraki Go Terms from time to time. When these changes are made, Cisco will make a new version of these Meraki Go Terms available at meraki-go.com/terms.
B. If you use the Software after the date on which these Meraki Go Terms have changed, Cisco will treat your use as acceptance of the updated Meraki Go Terms.
A. These Meraki Go Terms will continue to apply until the earlier of (i) the termination of the license purchased to activate your Meraki Go device or (ii) the termination of these Meraki Go Terms under Section 9(B) below.
B. Cisco may at any time terminate these Meraki Go Terms upon notice if:
i. you have breached any provision of these Meraki Go Terms;
ii. Cisco is required to do so by law;
iii. Cisco is transitioning to no longer providing the Software to certain countries where you use or access the Software; or
iv. in Cisco’s opinion, the provision of the Software to you by Cisco is no longer commercially viable.
C. Upon termination of these Meraki Go Terms, you will no longer use the Software.
10. Government End Users
A. The Software is an "commercial item" as defined at Federal Acquisition Regulation ("FAR") (48 C.F.R.) 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in FAR 12.212. Consistent with FAR 12.211 (Technical Data) and FAR 12.212 (Computer Software) and Defense Federal Acquisition Regulation Supplement (“DFAR”) 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which these Meraki Go Terms may be incorporated, Government end users will acquire the Software with only those rights set forth in this EULA. Any license provisions that are inconsistent with federal procurement regulations are not enforceable against the U.S. Government.
A. Let’s have fun with Meraki Go. So, make sure you use it for non-time-critical information. Definitely do not use the Software in applications or environments requiring fail-safe performance. There may be some limitations with using the Software, so you accept that Cisco is not responsible for any damages allegedly caused by the failure or delay of access to the Software.
B. You will indemnify Cisco and its Subsidiaries and Affiliates and their licensors, officers, directors, employees, consultants and agents (collectively, the “Cisco Entities”) from and against all losses (including reasonable attorneys’ fees) relating to any claims brought by a third party to the extent based upon: (i) your use of the Software; (ii) your breach of these Meraki Go Terms; (iii) your breach of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any dispute or issue between you and a third party (in each case, a “Claim”). Cisco may, at its own expense, assume the full and exclusive control of the defense and settlement of any Claim and any subsequent appeal, and in such case, you agree to promptly notify Cisco in writing of the Claim and cooperate with Cisco’s defense of such Claim.
12. Limitation of Liability
A. Subject to Section 12(C) below, you agree that Cisco is only responsible for loss or damage you suffer that is a foreseeable result of (i) Cisco’s material breach of these Meraki Go Terms; or (ii) Cisco’s negligence.
B. In no event will Cisco be liable for (i) indirect, incidental, exemplary, special or consequential damages; (ii) loss or corruption of data or interrupted or loss of business; or (iii) loss of revenues, profits, goodwill or anticipated sales or savings. This limitation of liability applies whether the claims are in warranty, contract, tort, infringement, or otherwise, even if you have been advised of the possibility of such damages. Nothing in this Section 12 limits or excludes any liability that cannot be limited or excluded under applicable law. This limitation of liability is cumulative and not per incident.
C. Cisco’s maximum aggregate liability to you under or in connection with these Meraki Go Terms and the Products shall not exceed, in the aggregate, USD $50.
D. The terms of this Section 12 apply to the liability of Cisco, its Subsidiaries and Affiliates and its licensors.
13. Dispute Process
A. Under the terms of this Section 13 (the “Arbitration Agreement”), and subject to Section 13(E) below, we agree that any conflict, dispute, controversy, or claim arising out of or relating to these Meraki Go Terms or the relationship created by these Meraki Go terms, including questions of arbitrability, whether in tort or contract (together or individually a “Dispute”) shall be finally resolved in accordance with the process in this Section 13.
B. ANY DISPUTE SHALL BE REFERRED TO AND FINALLY RESOLVED BY BINDING ARBITRATION. IF YOU ARE LOCATED IN THE UNITED STATES, SUCH ARBITRATION SHALL BE IN ACCORDANCE WITH THE JAMS ARBITRATION RULES THEN IN EFFECT, WHICH ARE HEREBY INCORPORATED BY REFERENCE INTO THIS CLAUSE. IF YOU ARE LOCATED OUTSIDE THE UNITED STATES, SUCH ARBITRATION SHALL BE IN ACCORDANCE WITH THE LCIA ARBITRATION RULES THEN IN EFFECT, WHICH ARE HEREBY INCORPORATED BY REFERENCE INTO THIS CLAUSE.
i. The arbitration tribunal shall consist of a sole arbitrator, selected in accordance with the JAMS arbitration rules if you are located in the United States, or in accordance with the LCIA arbitration rules if you are located outside the United States. The arbitrator shall set a limited time period and establish procedures designed to reduce the cost and time for discovery while allowing the parties an adequate opportunity to discover relevant information regarding the subject matter of the Dispute.
ii. Notwithstanding anything to the contrary, the arbitrator shall exceed his or her powers if the arbitrator awards damages inconsistent with the limitation of liability provisions set forth above in Section 12. Both you and Cisco irrevocably waive the award of any such damages.
iii. The language to be used in the arbitration is English.
C. You can only pursue claims and seek relief against Cisco on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding. Claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. You waive your right to seek relief in a court of law and to have a jury trial on your claims.
D. You have the right to opt out of the arbitration provisions set forth in these Meraki Go Terms by sending written notice of your decision to opt out to the following address: Cisco Systems, Inc., 500 Terry A. Francois Boulevard, San Francisco, CA 94158, United States, Attention: Legal. Your notice must include your name and address, the company name you identified during account creation, the email address on the account, and an unequivocal statement that you want to opt out of the arbitration provisions set forth in these Meraki Go Terms. If you opt out of the arbitration provisions set forth in these Meraki Go Terms, all other parts of these Meraki Go Terms will continue to apply to you.
E. At any point after a Dispute has arisen, in the event interim or provisional relief is necessary to protect the rights or property of a party under Sections 2(B),2(C), 2(D), and 5(B) of this Agreement or otherwise prior to the resolution of the Dispute, either party, without waiving any process or remedy under these Meraki Go Terms, could seek such relief from any court of competent jurisdiction.
14. General Matters
A. These Meraki Go Terms are the entire agreement between you and Cisco regarding your use of the Products and supersede all prior agreements and understandings about your use of the Products.
B. Cisco may send you notices, including notices about changes to these Meraki Go Terms, by email or via postings on our website.
C. Sections 2, 3, 4, 5, 7, 10, 11, 12, and 13 will survive the termination or expiration of these Meraki Go Terms.
D. Failure to exercise any right under these Meraki Go Terms will not constitute a waiver.
E. If any provision of these Meraki Go Terms is found unenforceable, these Meraki Go Terms will be construed as if it had not been included.
F. The Subsidiaries and Affiliates are third party beneficiaries of these Meraki Go Terms.
G. These Meraki Go Terms are governed by the laws of California without reference to conflicts of law rules. For any dispute relating to these Meraki Go Terms, the parties consent to personal jurisdiction and the exclusive venue of the courts in Santa Clara County, California.
H. You may not assign these Meraki Go Terms without prior written consent of Cisco, whether expressly or by operation of law, including in connection with a merger or change of control. Cisco may assign these Meraki Go Terms without restriction.
I. You acknowledge and understand that if Cisco is unable to provide the Software as a result of a force majeure event, Cisco will not be in breach of these Meraki Go Terms.