Your responsibility for your use of Meta Portal products.
If you use a Meta Portal product for your personal, non-commercial use (referred to herein as "personal use”), your use is subject to these Supplemental Terms and the Meta Terms of Service, and any other applicable terms made available by us in accordance with the applicable provisions set out below relating to the Meta Portal device. If you use a Meta Portal device for commercial, business or other non-personal purposes (referred to herein as "commercial use"), that use is also subject to the Commercial Terms. Except to the extent such restriction is prohibited under applicable law, you will not disassemble, decompile, reverse engineer, decrypt, or attempt to derive any code or extract software from, or, except to the extent expressly permitted by us, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit, any Meta Portal products or any software, content or services made available on or through a Meta Portal device, including third-party services (as defined below). You are also responsible for complying with all applicable laws when using Meta Portal products, including providing any notice or obtaining any consents from other individuals when you or they use or interact with the Meta Portal products, including to the extent required under video recording, audio recording, biometric data, image rights or other privacy or data protection laws.
Your responsibility for other users of a Meta Portal device.
Certain features or services of a Meta Portal product may require a Facebook account or other user account supported by the Meta Portal device or other Meta Portal product. Each user who logs into a Meta Portal device to create a profile on the device is referred to in these Supplemental Terms as an “owner” of the Meta Portal device. If you are an owner of a Meta Portal device, you are responsible for the activities of all users on the Meta Portal device, including activities of other owners and non-owners (users who do not have a profile on the Meta Portal device), and for their agreement to and compliance with these Supplemental Terms. If you are an Owner of a Meta Portal device, you authorise other Owners of the device to enable device-level features on your behalf and to make device-level settings changes. You also authorise other Owners of your Meta Portal device to give consent to device-level features or settings on your behalf as your legally authorised representative. An owner can allow non-owners to have different types of access on a Meta Portal device, including allowing non-owners to access certain software, services and content (including third-party services (as defined below)). We encourage each owner to exercise caution in setting access modes and providing access to or use of a Meta Portal device to non-owners. If you are an owner of a Meta Portal device and allow non-owners to access or use the Meta Portal device, you understand and agree that these non-owners may have access to your Meta Portal-related accounts, software, services and content (including third-party services) on the Meta Portal device, and access to other information stored on or made available through the Meta Portal device.
Your responsibility for use of third-party software, services and content on Meta Portal products.
Meta Portal products can be used to access certain user-facing software, services and content provided by third parties (“third-party services”). Your use of third-party services is at your own risk. Use of a third-party service may be subject to additional terms, conditions, fees and policies imposed by the third party (together, “third-party terms”). If you are an owner, you are responsible for complying with any applicable third-party terms and we recommend that you review any applicable third-party terms before using third-party services.
We will exercise professional diligence in relation to any third-party services that we actively choose to make available on Meta Portal products, but we assume no obligations or liability with respect to any other third-party services, and we make no representations or warranties with respect to any third-party services other than those contained in these Supplemental Terms.
Some third-party services may be pre-installed or installed by us upon initial set-up of a Meta Portal device. Third-party services can be uninstalled or deactivated by you. Also, if you are removed as an owner from a Meta Portal device and you had connected such device to a third-party service, the Meta Portal device may still provide access to that third-party service through use of your third-party service account credentials, unless you take action to discontinue access to that service on the Meta Portal device (e.g. by changing the applicable account settings for the relevant third-party service).
Third-party terms for any third-party service made available as or through an app can be found in the Meta Portal app store listing for such third-party service, and you are encouraged to review such third-party terms prior to installing or using the app for the associated third-party service. If there is no licence provided for such third-party service within the third-party terms, the following licence terms apply to your use of such third-party service: (a) the third party providing the third-party service (and not Meta or its affiliates) is the licensor of such third-party service; (b) such third party grants to you a limited, non-transferable licence to access and use the third-party service only for your personal and non-commercial purposes; and (c) you may not modify, decompile, or disassemble the third-party service, in whole or in part, or create any derivative works from or sublicense any rights in or to the third-party service, unless otherwise expressly authorised by the third party or as permitted under applicable law notwithstanding these restrictions. Meta and its affiliates are not parties to any third-party terms, including any licence terms, between you and the provider of any third-party services and, unless applicable laws or regulations provide otherwise, will not be liable for any guarantee or information that is required to be provided in relation to any third-party service.
Functionality may change or be limited.
To the maximum extent permitted by applicable law, we may modify Meta Portal products beyond what is necessary to maintain them in conformity with legal requirements, and may as a consequence introduce or install new features, services, software or content or impose limits on, change, suspend, disable, remove, replace, update, upgrade, roll back or restrict access to existing features, software, services or content of any part of Meta Portal products (including with respect to Meta products, Meta Portal products or third-party services), without liability to you. We only make such modifications for valid reasons and in accordance with applicable laws, such as: (i) for the improvement of Meta Portal products (including, for instance, updates to the user interface or offering new, broader and/or enhanced features, software, services or content); (ii) in response to changing circumstances and needs of our community or technical environment (including, for instance, technological developments or changes in technical standards or the volume of users); (iii) for operational and business reasons (including, for instance, product testing and changes in the cost, scope, or availability of certain parts of features, software, services or content). Where legally required, we will provide you with reasonable advance notice of such modifications. To the maximum extent permitted by applicable law, and except as otherwise agreed with you, we have no obligation to provide a re-download, replacement, upgrade, or update of any features, software, services or content that were previously downloaded by you or otherwise made available to you. If a feature, software, service or content is modified or if a technical error occurs, information, data or content created or provided by you in connection with such feature, software, service or content may be deleted or become inaccessible, and we therefore advise you to not exclusively rely on any feature, software, service or content to store or preserve such information, data or content. Nothing in these Supplemental Terms affects your termination rights or your statutory rights in relation to modifications of goods, digital content or services.
Account suspension or termination.
If we determine, in our discretion, that you have clearly, seriously, or repeatedly breached the terms or policies applicable to Meta Portal products, including the Meta Terms of Service, these Supplemental Terms, the Commercial Terms, or Third-Party Terms, or if Meta suspends, disables, or terminates your account, your access to or use of the Meta Portal device or other Meta Portal products may be suspended or disabled, and you may lose access to or use of part or all of the services offered by Meta or third parties through the Meta Portal products.
No access to emergency services.
There are important differences between a Meta Portal device and a mobile or fixed-line telephone service. A Meta Portal device does not provide access to emergency services or emergency service providers (including the police, fire departments or hospitals), or otherwise connect to public safety answering points. You should ensure that you can contact your relevant emergency service providers through a mobile, fixed-line telephone or other service.
Updates to these Supplemental Terms.
We work constantly to improve our services and develop new features to make our Meta Products better for you and our community. As a result, we may need to update these Supplemental Terms from time to time to accurately reflect our services and practices, to promote a safe and secure experience on the Meta Portal Products and/or to comply with applicable law. We will only make any changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests or if the changes are required for safety or security purposes or to comply with applicable law. We will notify you (for example, by email or through the Meta Portal device) at least 30 days before we make changes to these Supplemental Terms, and give you an opportunity to review them before they go into effect and to stop using Meta Portal Products if you do not agree with the changes, unless the changes are required by law. The date reference at the bottom of these Supplemental Terms indicates when this agreement was last updated. This section is without prejudice to your conformity rights in relation to Meta Portal products, in accordance with applicable terms of sale.
Third-party fees and costs.
You are responsible for the fees, costs and other charges, such as internet usage or utilities fees, associated with use of Meta Portal products, as well as fees, costs and other charges associated with third-party services.
Reserved rights.
Except for title to physical Meta Portal hardware sold to you pursuant to the Portal Terms of Sale (but not the software and content thereon or other intellectual property rights therein or thereto), the Meta Products are the property of Meta, its affiliates or its licensors, and are protected by copyright, trademark and other laws of the United States and other countries.
Disclaimers and limitations of liability
Nothing in these terms excludes or limits our liability for death or personal injury, for fraud or fraudulent misrepresentation, for wilful misconduct or gross negligence, or for breach of your statutory rights.
We will exercise professional diligence in providing the Meta Products and services to you and in seeking to keep a safe, secure and error-free environment. Provided that we acted with professional diligence, we will not accept responsibility or liability for any losses: (i) not caused by our breach of these terms or otherwise by our acts; (ii) that are not reasonably foreseeable by you and us at the time of entering into these terms; or (iii) arising out of or in connection with events that are beyond our reasonable control and which we cannot avoid through appropriate measures and which could not reasonably have been foreseen at the time we entered into our contract with you.
THERE ARE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS THAT YOU MUST READ BEFORE USING A META PORTAL DEVICE, WHICH ARE AVAILABLE AT
https://www.meta.com/LEGAL/PORTAL/SAFETY/.
FOR AVOIDANCE OF DOUBT, AND AS STATED IN SUCH HEALTH AND SAFETY WARNINGS, META PORTAL DEVICES ARE FOR INDOOR USE ONLY.
WARNING:
FAILURE TO FOLLOW THIS HEALTH AND SAFETY INFORMATION MAY RESULT IN DAMAGE TO A META PORTAL DEVICE, ACCESSORIES, OR ANY CONNECTED DEVICES, AND MAY INCREASE THE RISK OF PERSONAL INJURY, DISCOMFORT OR OTHER POTENTIAL HAZARDS. PLEASE ENSURE THAT EVERYONE USING A META PORTAL DEVICE (INCLUDING YOU) FIRST REVIEWS THESE WARNINGS AND INSTRUCTIONS (AND ANY UPDATES TO THEM), AND ACTS AT ALL TIMES IN ACCORDANCE WITH THEM.
Meta Portal devices are covered by a limited warranty (located at
https://www.meta.com/legal/limited-warranty/) offered by Meta Platforms Technologies, LLC. This warranty gives you specific legal rights, and you may also have other rights, which vary from region to region and country to country. This warranty is in addition to, and does not affect any rights you have under the laws in your jurisdiction concerning the sale of consumer goods. Nothing in these Supplemental Terms is intended to either abridge or expand the scope of that limited consumer warranty or the statutory warranty provided in your jurisdiction.
Dispute resolution
In the event that you have any dispute with us that is connected to these Supplemental Terms or the Commercial Terms, you may contact us at portalhelp@fb.com, and we will endeavour to resolve this dispute.
If a claim or dispute arises out of or relates to your use of the Meta Portal products as a consumer (“claim”), both you and we agree that you may resolve your individual claim against us, and we may resolve our claim against you, in any competent court in the country of your main residence that has jurisdiction over your claim, and the laws of that country will apply without regard to conflict of law provisions. If a claim arises between us that relates to use of the Meta Portal products for a commercial, business or non-personal purposes, you agree that the law and courts applicable to these Supplemental Terms, their formation, interpretation, performance, and termination and any dispute relating to any of them shall be determined as set out in the Commercial Terms.
Severability and waiver.
If any portion of these Supplemental Terms or the Commercial Terms is found to be unenforceable, the unenforceable portion will be deemed amended to the minimum extent necessary to render it enforceable, and if it can’t be made enforceable, then it will be severed and the remaining portion will remain in full force and effect. If we fail to enforce any of these Supplemental Terms or the Commercial Terms, it will not be considered a waiver.
Transfer and trade compliance.
Meta Portal products are only intended for use in the
Supported Countries. Certain Meta Portal product functionality and services may not be accessible outside of, and may vary among and within, the
Supported Countries. You will comply with all applicable US and non-US export control and trade sanctions laws (“Export Laws”). You will not use, or allow others to use, any Meta Portal product if you or they are located in a country or region subject to comprehensive US trade sanctions, if you or they are listed on any US or non-US restricted parties list, or for any purpose prohibited by Export Laws, and you and they will not disguise your or their location through IP proxying or other methods. You will not, directly or indirectly, export, re-export, provide, resell, transfer or otherwise dispose of any Meta Portal product: (a) to any individual, entity, or country or region prohibited by Export Laws; (b) to anyone on US or non-US government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical or biological weapons, or missile technology applications without the required government authorisations. You will not, and will not allow others to, use, distribute or transfer, any Meta Portal product in any manner that violates applicable law, including all applicable export control and trade sanctions laws of the United States, the European Union, the United Kingdom, Member States of the European Union and any other applicable governmental authority. Meta Portal devices may not be resold, transferred or otherwise disposed of in a country subject to an embargo imposed by, or to a person or organisation sanctioned by, the United States, the European Union, the United Kingdom or a Member State of the European Union without obtaining required approvals.
Termination.
These Supplemental Terms are effective until terminated, and will terminate when the Meta Terms of Service between you and us is terminated. Upon such termination, the provisions in Sections 6-13 of these Supplemental Terms will remain in place and survive termination.
Assignment.
These Supplemental Terms do not confer any third-party beneficiary rights. You agree that all of our rights and obligations under these Supplemental Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Other
These Supplemental Terms, the Meta Terms of Service and all other applicable terms (including, if applicable, the Commercial Terms or a product testing agreement) make up the entire agreement between you and Meta, regarding your use of Meta Portal products, and supersede any prior agreements between you and us regarding such use. A "product testing agreement" is a product testing agreement, beta testing agreement or similar agreement pursuant to which you use Meta Portal products.
In the event of a conflict between a product testing agreement, on one hand, and these Supplemental Terms and/or the Meta Terms of Service, on the other hand, the product testing agreement shall govern to the extent of the conflict. In the event of a conflict between these Supplemental Terms and the Meta Terms of Service, these Supplemental Terms shall govern to the extent of the conflict. Nothing in these Supplemental Terms or the Commercial Terms limits any of our rights under the Meta Terms of Service or any additional terms that they reference.
To the extent that you are using Meta Products in your capacity as a developer of software or content for use on Meta Portal products, you acknowledge and agree that our agreements with you as a developer supplement these Supplemental Terms and the Meta Terms of Service, and, to the extent applicable, the Commercial Terms, and will govern to the extent of any conflict between such agreements, on the one hand, and these Supplemental Terms, the Meta Terms of Service and/or the Commercial Terms, on the other hand.
