These Terms of Use and Conditions of Sale (the "Terms") govern access to and use of www.thirdreality.com, the related online store, customer-account features, content, tools, products, and services made available through them (collectively, the "Services"). In these Terms, "ThirdReality," "we," "us," and "our" refer to the operator of the Services and seller of products purchased directly through thirdreality.com; "you" and "your" refer to each visitor, account holder, or purchaser.
By accessing or using the Services, creating an account, or placing an order, you agree to these Terms. If you do not agree, do not use the Services. These Terms apply only to purchases made directly through thirdreality.com. Purchases from Amazon, another marketplace, an authorized reseller, or another third-party seller are governed by that seller's terms.
Our Privacy Policy, Shipping & Delivery Policy, and Returns, Refunds & Limited Warranty Policy are incorporated into these Terms by reference. The Privacy Policy controls with respect to the collection, processing, and disclosure of personal information. Product-specific terms and the information shown for a completed cart at checkout control where they are more specific, subject to applicable law.
Nothing in these Terms excludes, restricts, or modifies a right or remedy that cannot lawfully be excluded, restricted, or modified under applicable consumer-protection law.
1. Eligibility and Authority
You must be at least the age of majority in your jurisdiction to create an account or place an order. If you permit a minor to use the Services, you are responsible for supervising that use to the extent permitted by law. If you use the Services for a company or other organization, you represent that you have authority to bind that organization to these Terms.
2. The Services and Shopify
ThirdReality is responsible for the products sold directly through thirdreality.com and for the relationship arising from those sales. Shopify provides the ecommerce platform that hosts the online store and may provide checkout, account, payment, fraud-prevention, and related technology. Shopify is not the seller of ThirdReality products. Your use of Shopify-operated features may also be subject to terms and privacy notices provided by Shopify.
We may update, suspend, or discontinue features of the Services from time to time. We will not use this right to avoid obligations relating to an order already accepted, except as permitted by these Terms or applicable law.
3. Customer Accounts
You must provide accurate, current, and complete information when creating or using an account and keep that information updated. You are responsible for maintaining the confidentiality of account credentials and for activity conducted through your account, except to the extent caused by our breach of an applicable duty.
Notify support@thirdreality.com promptly if you believe that an account has been accessed without authorization. We may require identity or account verification before changing account information or processing a request.
4. Product Information, Compatibility, and Safety
We make reasonable efforts to present product descriptions, specifications, images, compatibility information, and availability accurately. Display settings, manufacturing revisions, packaging changes, and other factors may result in minor differences that do not materially affect product function. Product-page information applicable to the selected model or variant controls over general marketing content.
Smart-home compatibility may depend on protocol, region, voltage, plug type, hub or border-router requirements, software versions, third-party ecosystems, and installation conditions. Review the selected variant, specifications, compatibility information, and installation requirements before ordering. Contact Customer Support before purchase if you are uncertain whether a product is suitable for your location or system.
Follow the product manual, safety instructions, electrical ratings, and applicable building or electrical requirements. Installation involving mains electricity, fixed wiring, or other regulated work must be completed by a qualified person where required. This section does not limit rights relating to a defective, unsafe, or materially misdescribed product.
5. Availability and Purchase Limits
Products and services are offered subject to availability. Adding an item to a cart does not reserve inventory. We may limit quantities, restrict sales to resellers, discontinue products, or decline orders where reasonably necessary to manage inventory, prevent abuse, comply with law, or protect customers and the Services.
6. Prices, Currency, and Taxes
Unless stated otherwise, prices on thirdreality.com are displayed and charged in U.S. dollars. Prices, promotions, and availability may change before an order is accepted. Shipping charges and any taxes collected at checkout are shown before the order is submitted.
We may correct typographical, pricing, discount, or calculation errors. If an obvious error affects an order, we may contact you for instructions or cancel the affected item and refund the amount paid. We will not charge a corrected higher price without your agreement.
Import duties, import taxes, customs charges, brokerage fees, and destination-country requirements are governed by the Shipping & Delivery Policy and applicable law.
7. Orders and Contract Formation
Submitting an order is an offer to purchase the products in the order. An automated order confirmation acknowledges receipt but does not by itself mean that the order has been accepted. Unless applicable law provides otherwise, acceptance occurs when we send a shipment confirmation, otherwise expressly accept the order, or begin performance of a service.
We may decline or cancel all or part of an order before acceptance for reasons including unavailable inventory, an obvious price or product-information error, payment failure, suspected fraud or abuse, incomplete shipping or customs information, regional or product restrictions, or a legal or safety requirement. If we cancel an item after payment has been authorized or collected, we will release the authorization or refund the amount paid for that item as required by applicable law.
Different items may be accepted and shipped separately. Each accepted shipment may form a separate contract of sale for the products in that shipment.
8. Payment
Available payment methods are displayed at checkout and may vary by device, location, currency, or payment provider. By submitting payment information, you represent that you are authorized to use the selected payment method and authorize the applicable charge, including the product price, shipping, and taxes displayed at checkout.
Payments may be processed by Shopify and authorized payment providers. Orders may be delayed or canceled while payment, identity, address, sanctions, export-control, or fraud checks are completed. Contact us before initiating a chargeback so that we have a reasonable opportunity to investigate, without limiting any right you may have with your payment provider or under applicable law.
9. Promotions, Discounts, and Store Credit
Promotions, discount codes, bundles, gift cards, and store credits may be subject to additional terms displayed with the offer. Unless stated otherwise, they have no cash value, cannot be combined, may be limited by product, customer, region, or time period, and may be withdrawn before use where permitted by law.
Free-shipping eligibility is calculated using the eligible merchandise subtotal after discounts, as described in the Shipping & Delivery Policy. A refund for a discounted order is based on the amount actually paid for the returned item, subject to the Returns, Refunds & Limited Warranty Policy and applicable law.
10. Shipping and Delivery
Processing times, delivery estimates, shipping charges, supported destinations, customs requirements, Tax ID requirements, split shipments, and delivery issues are governed by the Shipping & Delivery Policy at https://www.thirdreality.com/policies/shipping-policy and the order-specific information displayed at checkout.
Delivery dates are estimates unless a guaranteed service is expressly offered. Risk of loss and title will transfer according to the mandatory law applicable to the order; nothing in these Terms transfers risk to a consumer earlier than permitted by law.
11. Returns, Refunds, and Limited Warranty
Order cancellations, return eligibility, non-returnable products, return procedures, refund timing, defective-product remedies, and limited warranty coverage are governed by the Returns, Refunds & Limited Warranty Policy at https://www.thirdreality.com/pages/returns-policy. Contact Customer Support and obtain instructions before sending any product to a return location.
The limited warranty and these Terms are in addition to, and do not replace, mandatory statutory warranties or remedies that apply in your jurisdiction.
12. Order Changes and Cancellation Requests
Contact Customer Support promptly if you need to request an address, variant, quantity, or cancellation change. A change or cancellation is not guaranteed after an order enters processing, production, or shipment. Approved cancellations and changes are handled under the applicable product terms, the Returns, Refunds & Limited Warranty Policy, and applicable law.
13. Electronic Communications
You consent to receive order confirmations, invoices, shipping notices, policy notices, support responses, safety information, and other transactional communications electronically at the contact information associated with your order or account. This consent does not require you to receive promotional marketing. Marketing preferences are governed by the Privacy Policy and the choices included in promotional messages.
14. Acceptable Use
You may use the Services only for lawful purposes. You must not:
- Violate law or rights: use the Services in a way that violates applicable law, infringes intellectual property, privacy, publicity, or other rights, or facilitates unlawful conduct.
- Interfere with the Services: introduce malware, overload infrastructure, bypass security or access controls, probe vulnerabilities without authorization, or disrupt another person's use.
- Use unauthorized automation: scrape, crawl, index, copy, or monitor the Services using automated means except as permitted by robots.txt, ordinary search-engine indexing, or our written authorization.
- Misrepresent or defraud: impersonate another person, submit false information, misuse promotions, interfere with payment systems, or engage in fraudulent purchasing, returns, reviews, or claims.
- Exploit content or technology: reverse engineer, decompile, reproduce, sell, sublicense, or commercially exploit the Services or their content except where applicable law expressly permits the activity despite this restriction.
15. Intellectual Property
The Services and their text, graphics, photographs, videos, interfaces, software, trademarks, logos, product names, and other content are owned by or licensed to ThirdReality and are protected by intellectual-property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial shopping and support purposes.
No license is granted to use ThirdReality trademarks, branding, copyrighted content, product images, or software except as expressly permitted in writing or by applicable law. To report alleged infringement, contact support@thirdreality.com with sufficient information to identify the work, the challenged material, and the basis of the claim.
16. User Content and Feedback
If the Services allow you to submit a review, image, video, comment, question, or other content ("User Content"), you retain ownership of your User Content. You grant ThirdReality a non-exclusive, worldwide, royalty-free license to host, reproduce, format, translate, display, distribute, and otherwise use that User Content to operate, improve, support, and promote the Services and products, subject to applicable law and our Privacy Policy.
You represent that you have the rights needed to submit the User Content and that it is accurate to the best of your knowledge, lawful, and does not infringe another person's rights. We may moderate or remove User Content that violates these Terms, but we do not undertake to review every submission.
Ideas or feedback voluntarily submitted about the Services may be used without restriction or compensation, provided that we do not publicly identify you as the source without permission and we continue to handle personal information under the Privacy Policy.
17. Third-Party Services and Links
The Services may link to or interoperate with third-party platforms, payment providers, smart-home ecosystems, mobile applications, social networks, carriers, and other services. Third parties control their own services and terms. We are not responsible for a third party's availability, content, security, or independent conduct, but this section does not limit our responsibility for providers acting on our behalf where applicable law makes us responsible.
18. Privacy
Our collection, use, disclosure, retention, and protection of personal information are described in the Privacy Policy at https://www.thirdreality.com/policies/privacy-policy. If these Terms conflict with the Privacy Policy regarding personal-information practices, the Privacy Policy controls.
19. Suspension and Termination
We may restrict or terminate access to the Services where reasonably necessary because of a material breach of these Terms, unlawful activity, fraud, security risk, abuse, or a legal requirement. Where appropriate and lawful, we will provide notice and a reasonable opportunity to address the issue. Termination does not affect rights or obligations that arose before termination, including payment, accepted-order, refund, warranty, intellectual-property, and dispute provisions that by their nature should survive.
20. Disclaimers
To the fullest extent permitted by applicable law, the website, account tools, and general informational content are provided on an "as is" and "as available" basis. We do not promise that every website feature will be uninterrupted, error-free, or available in every location or on every device.
Products are covered only by the express warranties stated in the applicable product documentation and the Returns, Refunds & Limited Warranty Policy, together with any mandatory warranties imposed by law. Nothing in these Terms disclaims liability or a warranty that cannot lawfully be disclaimed, including rights relating to goods that are defective, unsafe, or not as described.
21. Limitation of Liability
To the fullest extent permitted by law, ThirdReality and its affiliates, directors, officers, employees, agents, licensors, and service providers will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential loss arising out of or relating to the Services, an order, or a product, including loss of profits, revenue, anticipated savings, data, use, goodwill, business opportunity, or the cost of substitute goods or services, even if advised that such loss was possible, except to the extent that applicable law prohibits the exclusion.
For a claim arising from a paid order or product, ThirdReality's aggregate liability will not exceed the amount actually paid to ThirdReality for the affected product or order giving rise to the claim. For a claim arising solely from free website features or general informational Services and not from a paid order, ThirdReality's aggregate liability will not exceed US$100. Multiple claims arising from the same event or related events do not increase these limits.
These exclusions and limits do not apply where prohibited by law, including to fraud, fraudulent misrepresentation, willful misconduct, gross negligence where it cannot be limited, death or personal injury caused by negligence, mandatory product-liability obligations, violation of mandatory privacy rights, or any consumer warranty, refund, replacement, repair, or other remedy that applicable law does not permit us to exclude or limit.
22. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless ThirdReality and its affiliates, directors, officers, employees, and agents from third-party claims, damages, liabilities, judgments, and reasonable legal costs arising from your unlawful use of the Services, your material breach of these Terms, your fraud or willful misconduct, or User Content that infringes another person's rights. We may participate in the defense with counsel of our choice, and you may not settle a claim in a manner that admits fault by or imposes an obligation on ThirdReality without our prior written consent, which will not be unreasonably withheld.
This obligation does not apply to the extent a claim was caused by ThirdReality's own breach, negligence, unlawful conduct, or product defect, and it does not reduce any mandatory consumer right. This section is not intended to require an individual consumer to indemnify ThirdReality for ordinary personal use of a product in accordance with its documentation.
23. Events Outside Reasonable Control
Neither party is responsible for delay or failure caused by events beyond reasonable control, such as natural disasters, war, civil disturbance, epidemic, government action, sanctions, labor disruption, carrier interruption, utility or network failure, or supply-chain disruption. This section does not excuse payment already due, remove a consumer's mandatory cancellation or refund right, or prevent either party from ending an affected obligation where applicable law permits.
24. Governing Law and Disputes
Before starting formal proceedings, the person raising a dispute should, to the extent permitted by law, send written notice to support@thirdreality.com identifying the claimant, the relevant order or account, the facts and legal basis of the dispute, and the requested resolution. The parties will attempt in good faith to resolve the matter for 30 days after receipt of a sufficiently detailed notice. This process does not suspend a limitation period unless the parties agree in writing and does not prevent either party from seeking urgent injunctive relief, using an eligible small-claims procedure, contacting a regulator, or exercising a right that cannot lawfully be restricted.
These Terms and any dispute arising out of or relating to the Services or a direct purchase from thirdreality.com are governed by the laws of the State of California, without regard to its conflict-of-law principles. Subject to mandatory consumer rights, including any nonwaivable right to the law or courts of a consumer's place of residence, the exclusive forum for any dispute will be the state courts located in Santa Clara County, California, or the United States District Court for the Northern District of California, as applicable. Each party consents to the personal jurisdiction of those courts to the extent that consent may lawfully be given.
25. Changes to These Terms
We may update these Terms to reflect changes to the Services, business practices, or legal requirements. We will post the revised Terms, update the effective date, and provide additional notice where required by law. Unless otherwise required by law, changes apply prospectively and do not alter the terms governing an order accepted before the revised Terms became effective.
26. General Provisions
These Terms and the policies incorporated by reference constitute the agreement concerning use of the Services and direct-store purchases, except for product-specific or order-specific terms that expressly apply. If any provision is held invalid or unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will continue in effect.
A failure to enforce a provision is not a waiver. You may not assign rights or obligations under these Terms without our written consent, except where applicable law permits. We may assign these Terms in connection with a merger, reorganization, sale of business or assets, or transfer to an affiliate, provided that the assignment does not reduce mandatory consumer rights. Section headings are for convenience and do not limit interpretation.
Except where these Terms expressly state otherwise, they do not create rights for any third-party beneficiary. Provisions concerning payment, accepted orders, intellectual property, disclaimers, limitation of liability, indemnification, disputes, and any other provision that by its nature should survive will remain effective after suspension, termination, or expiration.
The English-language version of these Terms controls to the extent permitted by law. Any translation is provided for convenience and does not override rights that applicable law requires to be presented or interpreted in another language.
27. Contact
Questions about these Terms, an order, or a product may be directed to ThirdReality Customer Support by email at support@thirdreality.com or by telephone at +1 800-341-9616. The contact page is available at https://www.thirdreality.com/pages/contact-support.