Terms of Service

Effective Date: February 17, 2026
Last Updated: February 17, 2026

These Terms of Service (“Terms”) govern your access to and use of the Pelly website, applications, dashboards, and related monitoring and notification services (collectively, the “Service”).

Pelly (“Pelly,” “we,” “us,” or “our”) operates from the United States. If you have any questions regarding these Terms, you may contact us at support@pellyco.com.

BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW SECTION 20 CAREFULLY.

1) THE SERVICE (WHAT PELLY DOES)
Pelly provides property monitoring and alert services that may include:
• Connecting to compatible smart devices and platforms (e.g., IoT sensors and hubs)
• Collecting device status/events for display and notification
• Sending transactional alerts (including SMS) about conditions such as water leaks, device offline, temperature warnings, and other status changes
• Providing administrative views, incident timelines, delivery status, and related reliability tools

The Service is intended to help you monitor conditions. The Service does not prevent loss, mitigate damage, or guarantee outcomes. All alerts and information provided by the Service are advisory only and do not constitute professional advice or emergency notification.

2) ELIGIBILITY AND ACCOUNT REGISTRATION
You must be at least 18 years old and capable of forming a binding contract to use the Service.

You agree to:
• Provide accurate, complete information
• Maintain the security of your account credentials
• Promptly notify us of suspected unauthorized access
• Accept responsibility for all activity that occurs under your account

3) PROPERTY AND DEVICE CONNECTIONS; THIRD-PARTY PLATFORMS
The Service may integrate with third-party devices and APIs (e.g., IoT platforms, device manufacturers, SMS providers, payment processors, and hosting providers). These third parties are not under our control.

You acknowledge and agree:
• Third-party platforms may change, degrade, or become unavailable
• Device readings/events may be delayed, incomplete, inaccurate, or unavailable
• We are not responsible for third-party outages, limitations, API changes, or device performance

Your use of third-party products remains subject to their terms, policies, and fees. Certain hardware components used with the Service may be manufactured by third-party suppliers. Pelly does not manufacture such hardware and does not claim ownership of third-party trademarks or branding. All third-party trademarks remain the property of their respective owners. Pelly is an independent service provider and is not affiliated with, endorsed by, or sponsored by YoLink or any other device manufacturer unless explicitly stated in a written agreement. All third-party product names, trademarks, and brands are the property of their respective owners and are used solely for identification and compatibility purposes.

4) NOT A SAFETY, EMERGENCY, OR INSURANCE SERVICE
PELLY IS NOT:
• An emergency response service
• A substitute for professional monitoring services
• A security system or burglar/fire alarm service
• An insurance provider
• A plumbing, electrical, HVAC, or remediation provider

You are solely responsible for:
• Maintaining appropriate property insurance
• Implementing reasonable property safety measures
• Responding to alerts appropriately

5) SMS / TEXT MESSAGE ALERTS (TRANSACTIONAL)
If you opt in to receive SMS alerts, you consent to receive transactional text messages related to the Service (e.g., leak detected, leak cleared, device offline/online, temperature warnings, incident updates, delivery confirmations).

Message frequency varies by system activity. Message and data rates may apply.

Opt-out: Reply STOP to stop receiving SMS alerts.
Help: Reply HELP for help.

We do not send marketing SMS unless you separately opt in to marketing messages.

You agree that:
• Delivery is not guaranteed (carriers and third parties may delay or block messages)
• SMS alerts may arrive late or not at all due to factors outside our control
• SMS is not suitable for emergencies

6) SUBSCRIPTIONS, BILLING, AND PAYMENTS
If you purchase a subscription, you agree to pay the applicable fees and taxes.

Auto-Renewal: Unless canceled before renewal, subscriptions automatically renew at the then-current rate for the same billing period.

Payment Processing: Payments are processed through third-party providers (e.g., Stripe). We do not store full credit card numbers on our servers.

Fees are non-refundable except where required by law or as explicitly stated in a written refund policy.

If a payment fails, we may suspend or limit access to the Service until payment is received.

7) TRIALS, PROMOTIONS, AND PRICE CHANGES
We may offer trials or promotional pricing. Unless otherwise stated, trials convert to paid subscriptions at the end of the trial period.

We may change pricing or features with reasonable notice (including via the Service, email, or account dashboard). Price changes typically apply at renewal, not mid-billing cycle, unless required for legal or tax reasons.

8) ACCEPTABLE USE
You agree not to:
• Use the Service for unlawful, harmful, abusive, or fraudulent activity
• Interfere with or disrupt the Service or security of the Service
• Attempt unauthorized access to accounts, systems, or data
• Reverse engineer, decompile, or attempt to extract source code (except where legally permitted)
• Scrape the Service or use automated tools to access it without permission
• Use the Service to send spam or non-transactional messages without proper consent

We may suspend or terminate access for violations.

9) DATA, PRIVACY, AND COMMUNICATIONS
Our Privacy Policy explains how we collect, use, and share information. By using the Service, you agree to our Privacy Policy.

We may contact you regarding your account, incidents, billing, and service updates (transactional/administrative communications).

10) YOUR CONTENT AND DEVICE DATA
“Customer Data” means data you provide to the Service or that is generated from connected devices and properties (e.g., device identifiers, event logs, incident timestamps, notification status metadata).

As between you and Pelly:
• You retain rights in your Customer Data
• You grant Pelly a limited, non-exclusive license to host, process, transmit, and display Customer Data to provide and improve the Service, including reliability and delivery tracking

You represent and warrant you have the rights and permissions necessary to connect devices and properties and to provide Customer Data to the Service.

11) DATA RETENTION AND DELETION
We may retain Customer Data for as long as needed to provide the Service, comply with legal obligations, resolve disputes, enforce agreements, prevent fraud/abuse, and maintain security and reliability.

We may provide account tools or support processes for deletion requests where feasible and lawful. Some data may persist in backups for a limited period.

12) INTELLECTUAL PROPERTY
The Service, including software, designs, text, graphics, logos, and all related intellectual property, is owned by Pelly or its licensors and is protected by applicable laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal property monitoring purposes during your subscription, subject to these Terms.

No rights are granted except as expressly stated.

13) FEEDBACK
If you provide suggestions, ideas, or feedback (“Feedback”), you grant Pelly a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate the Feedback without compensation or attribution.

14) SERVICE AVAILABILITY; NO SLA (UNLESS STATED IN WRITING)
We strive for reliable performance, but we do not guarantee uninterrupted availability.

Unless we expressly provide a written service level agreement (“SLA”) signed by an authorized representative of Pelly, the Service is provided without any SLA commitments.

Planned maintenance, third-party outages, carrier delays, device limitations, or internet disruptions may cause downtime, delays, or missed alerts.

15) DISCLAIMERS (VERY IMPORTANT)
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, PELLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:
• THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• ALERTS OR NOTIFICATIONS WILL ALWAYS BE DELIVERED, TIMELY, OR ACCURATE
• DEVICE EVENTS WILL BE COMPLETE, REAL-TIME, OR RELIABLE
• THE SERVICE WILL PREVENT DAMAGE, LOSS, OR HARM

16) LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
• PELLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

IN NO EVENT WILL PELLY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL AMOUNT YOU PAID TO PELLY FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. In such cases, liability is limited to the maximum extent permitted by law.

17) INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Pelly and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to:
• Your use of the Service
• Your Customer Data, devices, or properties connected to the Service
• Your violation of these Terms
• Your violation of any law or third-party rights
• Any dispute between you and a third party (including device manufacturers, carriers, property owners, tenants, or contractors)

18) TERMINATION
You may cancel your subscription according to the cancellation method provided in your account dashboard or by contacting support.

We may suspend or terminate your access if:
• You violate these Terms
• You fail to pay fees when due
• Your use creates risk or legal exposure for Pelly or others
• Required by law, regulation, or third-party provider policies

Upon termination, your license to use the Service ends. Sections intended to survive termination will survive (including limitations, indemnities, and dispute provisions).

19) GOVERNING LAW
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles, except as preempted by applicable federal law. Venue for any permitted court proceedings shall be in the state or federal courts located in Delaware.

20) BINDING ARBITRATION; CLASS ACTION WAIVER; JURY TRIAL WAIVER
PLEASE READ CAREFULLY.

20.1 Agreement to Arbitrate
Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration, rather than in court.

20.2 Class Action Waiver
You and Pelly agree that disputes will be brought only on an individual basis and not as a class, collective, coordinated, or representative action. The arbitrator may not consolidate claims or preside over any form of class action.

20.3 Jury Trial Waiver
You and Pelly waive any right to a jury trial.

20.4 Exceptions
Either party may bring:
• Individual claims in small claims court (if eligible)
• Claims for injunctive relief to stop unauthorized use or infringement of intellectual property

20.5 Arbitration Procedure
Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, unless the parties agree otherwise. The seat of arbitration shall be Delaware. The arbitration will be conducted in English. You may choose a telephonic or video hearing where permitted. The arbitrator’s decision will be final and binding.

20.6 Time Limit
Any claim must be brought within one (1) year after the cause of action arises, unless a longer period is required by law.

21) CHANGES TO THESE TERMS
We may update these Terms from time to time. If changes are material, we will provide reasonable notice (e.g., by posting in the Service, emailing you, or prompting acceptance). Continued use after the effective date of updated Terms constitutes acceptance.

22) EXPORT AND SANCTIONS COMPLIANCE
You may not use the Service if you are located in, or are a national or resident of, any country subject to U.S. embargo, or if you are on any U.S. government restricted party list, to the extent prohibited by law.

23) DMCA / COPYRIGHT COMPLAINTS (IF APPLICABLE)
If you believe content hosted in the Service infringes your copyright, contact:
[support@pellyco.com]
Pelly operates from the United States.
Include: identification of the work, infringing material location, your contact info, a statement of good faith belief, and a statement under penalty of perjury.

24) MISCELLANEOUS
• Assignment: You may not assign these Terms without our consent. We may assign these Terms as part of a merger, acquisition, or asset sale.
• Severability: If any provision is unenforceable, the remainder remains in effect.
• No Waiver: Failure to enforce a provision is not a waiver.
• Entire Agreement: These Terms, plus the Privacy Policy and any written order/subscription terms, are the entire agreement regarding the Service.
• Headings are for convenience only.

25) CONTACT
Questions about these Terms:
Email: support@pellyco.com