This Employee and Contractor Device Program Agreement (“Agreement”) provides the terms and conditions that govern the Latch Device Program (“Program”) under which current employees and contractors (collectively, “Participant”) may receive Latch-branded or Door-branded devices such as smart locks, IoT sensors and other products made available by Latch Systems, Inc. (“Latch”).

 

Participant’s use of Devices is subject to this Agreement, the Terms of Service, and the Privacy Notice. In the event of a conflict between the terms of this Agreement and the Terms of Service and/or the Privacy Notice, the terms of this Agreement shall prevail. Please review all of the foregoing terms before using the Devices.

PROGRAM OFFERING

 

Participant may order or otherwise receive Devices at Latch’s sole discretion for installation and Participant’s personal use. Participant will be given access to relevant Latch and/or Door software and services required to operate Devices. 

Latch will either provide Devices without charge or reimburse Participant in full for the purchase of approved Devices. To the extent professional installation is required for any Device provided to or purchased by Participant, Latch will reimburse Participant for reasonable installation expenses upon submission of supporting documentation (e.g., receipts or invoices from the installer).

 

INSTALLATION

 

When submitting an order via this form, Participant must indicate the address where the Devices are to be shipped. Participant is responsible for the Device installation.

 

Prior to installation, Participant must obtain all required approvals from their building/unit owner, property manager, homeowners association, or any other party or individual requiring approval. If Participant fails to meet this obligation, Participant shall be responsible for any costs incurred due to a failed or unauthorized installation.

PARTICIPANT USE

 

Participant may only use the Devices in accordance with the Terms of Service and must comply with all applicable laws, rules and regulations (including those rules or regulations imposed by a relevant homeowners association, building management, or similar body).

 

Participant may not modify, resell or use the Devices for commercial purposes. Additionally, during employment or contract period or any time thereafter, Participant may not disassemble or reverse engineer Devices in any way. Should Participant misuse the Devices or fail to comply with the Agreement, Latch reserves the right to reclaim the Devices at any time.

LIMITATION OF LIABILITY

To the maximum extent permitted under applicable law, in no event shall Latch be liable for any direct, indirect, punitive, incidental, special, exemplary or consequential damages arising out of or related to this Agreement. In the unlikely event that direct damages are ascertained against Latch, such liability, in the aggregate, whether arising in contract, tort, strict liability or otherwise, shall be limited to five thousand dollars ($5,000.00).

 

DISCLAIMER OF WARRANTY

 

Devices are intended for use in the United States and Canada only. Latch makes no warranties or representations of any kind regarding Devices’ ability to function in any other country or region or to comply with any local laws and regulations relevant to IoT devices.

 

PARTICIPANT ACCEPTS THE DEVICES “AS IS,” WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS. NEITHER LATCH NOR ITS LICENSORS WARRANT THAT THE DEVICES OR THE THIRD PARTY SOFTWARE WILL MEET PARTICIPANT’S REQUIREMENTS, THAT THE OPERATION OF THE DEVICES OR THE THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN DEVICES WILL BE CORRECTED. PARTICIPANT’S USE OF THE DEVICES IS AT PARTICIPANT’S OWN RISK.

DATA PRIVACY

 

Participant will be subject to the terms and conditions of the Privacy Notice. Additionally, Participant expressly consents to Latch’s unrestricted collection and further processing, including analysis with the use of any artificial intelligence tool, of any data generated by any Device under this Program for any legitimate business need purposes, including improvement and development of any Devices, products, or services.

EMPLOYMENT OR CONTRACT TERMINATION

 

Should Participant’s employment or contract terminate, or should Participant otherwise leave Latch for any reason, Participant may continue to use the Devices. However, Latch will not be responsible for the accuracy, completeness or functionality of the Devices, firmware or software. Similarly, Latch will not be responsible for installation/removal, repairs, updates, or any other costs related to the Devices.

DEVICE LOSS

 

Should Participant lose or destroy the Devices for any reason, Participant must promptly notify Latch. Latch will not be responsible for any damages to Participant or any third party caused by a lost or destroyed Device.