MatterUs Service Level Agreement (SLA)
Last Revised Date: 16 May 2025
Version: 2.2 (English Version)
中文版
Article 1: Definitions and Interpretation
In this Service Level Agreement (hereinafter referred to as "this Agreement"), unless the context otherwise requires, the following terms shall have the meanings ascribed to them below:
1.1. "MatterUs", "We", "Us", or "Our" shall mean MatterUs Company Limited (or its designated affiliates or subsidiaries), having its registered office at 29E Kimberely 26, 26 Kimberley Road, Tsim Sha Tsui, Kowloon, Hong Kong.
1.2. "Client", "You", or "Your" shall mean the individual, company, or other legal entity entering into a service contract with MatterUs.
1.3. "Services" shall mean the smart home consultation, installation, support, and (if applicable) commercial solution services provided by MatterUs to the Client in accordance with this Agreement and the relevant Service Proposal or Statement of Work.
1.4. "Business Day" shall mean any day on which the Hong Kong Stock Exchange conducts normal market operations (excluding Saturdays, Sundays, and public holidays in Hong Kong Special Administrative Region).
1.5. "Business Hours" shall mean the hours between 11:00 AM and 8:00 PM Hong Kong Time on a Business Day.
1.6. "Written" or "In Writing" shall include email correspondence and notices published on the official MatterUs website or application.
1.7. "Force Majeure Event" shall mean any event beyond a party's reasonable control, including but not limited to acts of God, war, terrorism, riots, civil commotion, governmental acts, epidemics, pandemics, strikes, lockouts, labour disputes, fire, flood, explosion, earthquake, power outages, or telecommunication or internet service disruptions.
1.8. "Personal Data" shall mean any data relating directly or indirectly to a living individual from which it is practicable for the identity of the individual to be directly or indirectly ascertained and in a form in which access to or processing of the data is practicable.
1.9. "Intellectual Property Rights" shall mean all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
1.10. Language Precedence: This Agreement is prepared in both Chinese and English. In the event of any discrepancy or inconsistency between the Chinese version and the English version, or where the interpretation of any provision is ambiguous, the English version shall prevail to the extent of such discrepancy, inconsistency, or ambiguity.
Article 2: Introduction and Scope of Agreement
2.1. This Agreement sets forth the service level commitments, mutual responsibilities, and related terms governing the provision of Services by MatterUs to the Client.
2.2. This Agreement forms an integral part of the main terms of service (hereinafter referred to as the "Main Terms") entered into between MatterUs and the Client for the Services. In the event of any conflict or inconsistency between the terms of this Agreement and the Main Terms, the terms of this Agreement shall prevail, unless expressly stated otherwise.
2.3. This Agreement applies to the following principal categories of Services provided by MatterUs:
(a) Smart Home Consultation Services: Including, but not limited to, Client needs assessment, solution design, product recommendations, and compatibility analysis.
(b) Smart Home Installation Services: Including, but not limited to, professional installation of agreed-upon smart home devices in accordance with mutually agreed specifications, basic setup and configuration, and provision of user guidance and initial operational demonstration.
(c) Post-Installation Support Services: Including, but not limited to, troubleshooting assistance for installed systems, guidance on the use of smart home features, and, where applicable, advice on software or firmware updates supported by device manufacturers.
(d) Commercial Solution Services (if applicable to Commercial Tier Subscription Plans): Including, but not limited to, design, deployment, and integration of customized smart solutions for commercial environments, multi-location management support, and relevant staff training.
2.4. Any specific list of devices, project scope, service details, and any unique service elements tailored for an individual Client shall be detailed in a mutually signed Service Proposal, Statement of Work, or equivalent document (hereinafter referred to as "Service Documents"), which shall form part of this Agreement.
Article 3: Service Availability, Scheduling, and Limitations
3.1. Consultation and Sales Support
3.1.1. The standard service hours for Our consultation and sales team are within Business Hours. Clients subscribed to Commercial Tier plans may be entitled to flexible consultation times arranged by their dedicated account manager, subject to their plan terms.
3.1.2. For new service inquiries submitted through Our official channels (including the official website, designated email address, and telephone number), We undertake to make an initial response within twenty-four (24) Business Hours of receipt of the inquiry.
3.2. Installation Services
3.2.1. The specific date and time for Installation Services shall be mutually agreed upon by MatterUs and the Client. Following confirmation of project details and availability of required products, We undertake to offer the Client available installation slots within five (5) to ten (10) Business Days, subject to the Client's schedule and the scale of the project.
3.2.2. Standard working hours for Installation Services are typically Monday to Saturday, from 9:00 AM to 7:00 PM Hong Kong Time, excluding Hong Kong public holidays. Installation Services performed outside these standard working hours may be arranged by special agreement but may incur additional fees, which will be confirmed with the Client prior to scheduling. Installation times for Commercial Tier plans may be negotiated with greater flexibility based on project requirements.
3.2.3. Our technicians will endeavor to arrive at the Client's designated installation location within a one (1) hour grace period from the commencement of the scheduled appointment slot. In the event of any unavoidable delay, We will use reasonable efforts to notify the Client as soon as practicable.
3.3. Post-Installation Support and Standard After-Sales Service Scheduling
3.3.1. The Client may obtain post-installation support through the following official channels:
(a) Email: cs@matterus.it.com
(b) Telephone (WhatsApp): 852-96138969
(c) Online support platforms or instant messaging services as may be made available from time to time on Our official website.
3.3.2. Clients subscribed to Commercial Tier or Professional Edition subscription plans who are assigned a dedicated account manager will be provided with their direct contact details separately.
3.3.3. Standard After-Sales Service Scheduling Hours (applicable to non-paid services or non-subscription plan value-added services):
(a) Monday: 11:00 AM – 5:00 PM
(b) Tuesday: Not Available
(c) Wednesday: 7:00 PM – 11:59 PM
(d) Thursday: 12:00 AM – 8:00 AM
(e) Friday: 11:00 AM – 5:00 PM
(f) Saturday: Not Available
(g) Sunday: Not Available
3.3.4. The Client must schedule standard after-sales services through the designated booking link or system on the MatterUs official website. Service slots are limited and available on a first-come, first-served basis. If no slots are available at the time the Client attempts to book, We do not guarantee the availability of alternative service slots.
3.3.5. Scheduling for Paid Services and Certain Subscription Plan Value-Added Services: Such services are generally available for booking 24/7 (for details, please refer to Article 3, Section 3.4 herein or the terms of the relevant subscription plan).
3.3.6. Our general remote support service hours are within Business Hours. For Critical Issues as defined in Article 5, We may provide emergency out-of-hours support. Clients subscribed to Professional Edition and Commercial Tier plans may be entitled to faster on-site support response times in accordance with their plan terms.
3.4. Paid On-Site Service Terms (Prepaid IoT/IT Maintenance Services)
3.4.1. Service Description: This is a paid on-site service aimed at providing technical maintenance, problem diagnosis, and troubleshooting for Internet of Things (IoT) devices and general Information Technology (IT) equipment at the Client's designated location within the Hong Kong Special Administrative Region.
3.4.2. Eligibility: This paid on-site service is available to all MatterUs Clients, irrespective of where the devices or equipment requiring service were originally purchased.
3.4.3. Service Scheduling Procedure:
(a) The Client must schedule the service through the designated booking link or system on the MatterUs official website or https://app.lemcal.com/@dmg/paidservice.
(b) The standard duration for each service session is one (1) hour. The Client is required to schedule the service at least two (2) calendar days in advance, but not more than sixty (60) calendar days in advance. Service slots are booked in increments of sixty (60) minutes.
(c) This paid on-site service is available for booking 24/7, excluding public holidays in Hong Kong (but not excluding Sundays), subject to the availability of Our technicians.
(d) Cancellation Policy: Once a booking is confirmed by both parties, it may not be cancelled by the Client. In exceptional circumstances, and subject to Our written consent, a rescheduling may be considered on a case-by-case basis; however, MatterUs reserves the final discretionary right regarding any rescheduling requests.
(e) Information Required for Booking: When scheduling, the Client must provide accurate and complete details, including but not limited to: the full service address, name and telephone number of a valid contact person, a clear description of the service required or the problem encountered, and any specific access requirements or restrictions at the service location. During the booking process, the Client will be required to complete a standard questionnaire, which will include specifying the preferred mode of transport for Our technician to the service location (e.g., MTR, taxi).
3.4.4. Service Pricing and Payment Terms:
(a) Basic Service Rate: HK$280.00 per hour.
(b) Minimum Service Duration: A minimum service charge equivalent to one (1) hour shall apply to each successfully scheduled on-site service visit.
(c) Prepayment Requirement: Upon confirmation of the booking, the Client is required to prepay the sum of HK$560.00 through Our designated payment methods. This amount comprises the service fee for the first hour (HK$280.00) and a deposit of HK$280.00, which will be applied towards any additional service time and transportation costs.
(d) Travel Time and Cost Calculation:
(i) The Client must provide clear and accurate travel directions to the service location when requesting the service.
(ii) If the one-way travel time for Our technician from MatterUs's office at 26 Kimberley Road, Tsim Sha Tsui, Kowloon (or such other departure point as We may designate from time to time) to the Client's designated service location exceeds one (1) hour, a surcharge for travel time will be levied at the rate of HK$70.00 for each additional fifteen (15) minutes of travel.
(iii) If the actual one-way transportation cost incurred by Our technician (based on the mode of transport used and supported by relevant receipts) to reach the service location exceeds HK$50.00, the Client shall be responsible for the full actual transportation cost for that journey (i.e., without the HK$50.00 initial waiver).
(iv) The Client is required to specify the preferred mode of transport for Our technician when booking the service (e.g., MTR, taxi). MatterUs reserves the right to decline the Client's specified mode of transport if it is deemed unsafe, inefficient, or otherwise unsuitable, based on reasonable grounds.
(e) Settlement of Transportation Costs: Our technician will, where practicable, use the mode of transport specified by the Client at the time of booking. All actual transportation costs incurred will be deducted from the HK$280.00 deposit. Copies of relevant transportation receipts may be provided to the Client upon request.
(f) Overtime Service Charges: If the total service time (excluding travel time to and from the location) exceeds the first hour covered by the prepayment, additional service time will be charged at the rate of HK$140.00 per half-hour, with a minimum charge unit of thirty (30) minutes (i.e., any part of a half-hour will be charged as a full half-hour). This overtime service charge will first be deducted from the remaining balance of the deposit (after deduction of any applicable transportation costs).
(g) Final Invoice and Settlement: Upon completion of the service, We will calculate all due charges (including the basic service fee, overtime service charges, and transportation costs). Any remaining balance of the deposit after deducting all charges will be refunded to the Client within five (5) Business Days. If the deposit is insufficient to cover all charges, the outstanding balance will be itemized in a final invoice, which the Client shall pay within the specified period. A detailed service invoice will be provided to the Client within five (5) Business Days of service completion, and the Client is generally required to settle all outstanding balances within five (5) Business Days of receipt of the invoice.
3.4.5. Paid Service Warranty:
(a) We provide a seventy-two (72) hour service warranty for the "exact same issue" diagnosed and resolved by Our technician during a paid on-site service session. The "exact same issue" herein refers to the specific fault or problem that prompted the original service request and for which the root cause is identical to that addressed in the original service.
(b) This service warranty is valid only if all of the following conditions are met: (i) the "exact same issue" reoccurs within seventy-two (72) hours of the completion of the original service; (ii) the relevant device or system has not, during this period, been subjected to misuse, unauthorized modification, accidental damage, or any act contrary to this Agreement or MatterUs's Main Terms and Conditions by the Client or any third party; and (iii) the reoccurrence of the issue is not caused by Client-side environmental factors (such as power instability, network failure, etc.) or a Force Majeure Event.
(c) To claim under this warranty, the Client must contact MatterUs Customer Service by email (cs@matterus.it.com) within seventy-two (72) hours of the issue's reoccurrence, providing a clear description of the reoccurring issue and referencing the original service booking number or relevant proof.
(d) If We, after investigation, validate the Client's warranty claim, We will schedule one (1) follow-up on-site service visit free of additional labor charges, specifically to address the reoccurring issue. However, associated transportation costs (if any) may still be applicable in accordance with Article 3.4.4(d) herein; notwithstanding this, for validated warranty claims where the reoccurrence of the exact same issue is confirmed not to be due to external forces or Client-side factors, We will use reasonable endeavors to consider waiving the transportation costs for such follow-up service.
(e) This service warranty does not cover any new or unrelated issues, issues caused directly or indirectly by external factors (e.g., power surges, internet service provider outages), or any software corruption or data loss (unless such corruption or loss was directly and solely caused by Our negligence during the performance of the original service).
3.4.6. Additional On-Site Service Charges in Specific Circumstances: The Client is hereby advised that if any on-site service (including standard after-sales service, paid services described in this section, or on-site services included within any subscription plan) involves any one or more of the following circumstances, MatterUs reserves the right, at its discretion, to levy an additional charge of HK$280.00 for each applicable circumstance, after consultation with and agreement from the Client prior to rendering the service:
(a) Work at Height: Defined as any service requiring the use of ladders, elevated platforms, or other ancillary equipment to access devices or equipment located more than two point five (2.5) meters above floor level. The Client is responsible for ensuring the safety of the work-at-height environment.
(b) Work Requiring Licensed Electrician: Defined as any service involving electrical work that, under Hong Kong law, must be performed by a registered electrical contractor or licensed electrician (e.g., installation, alteration, or repair of fixed electrical installations), and such work exceeds the standard service scope or legal qualifications of Our attending technician. In such cases, We may need to arrange for a qualified electrician separately, and the associated costs will be quoted separately.
(c) Night-time Work: Defined as any work performed, at the Client's request or due to the nature of the service, during the hours between 11:00 PM and 8:00 AM on the following day.
(d) Work in Remote Areas: Defined as service locations situated in areas designated as remote by the Hong Kong Transport Department or by Our internal guidelines (e.g., outlying islands, certain remote rural areas in the New Territories; a list of areas subject to this surcharge and the applicable definitions can be found on Our official website or obtained from Customer Service upon booking).
(e) Any such additional charges will be confirmed with the Client before the service is rendered. If the Client does not agree to pay the applicable additional charges, MatterUs reserves the right to decline to provide the service under those specific circumstances.
3.5. Service Arrangements During Inclement Weather
3.5.1. Impact on On-Site Services: When Tropical Cyclone Warning Signal No. 3 or higher, or any Amber, Red, or Black Rainstorm Warning Signal is issued by the Hong Kong Observatory, all scheduled on-site services (including but not limited to installations, repairs, inspections, etc.) may be cancelled or postponed motivos de seguridad for the safety of the Client and Our technicians.
3.5.2. Rescheduling of Services: After the relevant inclement weather warning signals are cancelled or lowered, and when road and traffic conditions permit, We will use reasonable efforts to contact affected Clients as soon as practicable to reschedule the service. Rescheduled services will be subject to the availability of Our technicians, and We do not guarantee immediate fulfillment of the Client's original appointment preference.
3.5.3. Impact on Remote Services: When a Black Rainstorm Warning Signal or Tropical Cyclone Warning Signal No. 8 or higher is in effect, all remote support services (including telephone, email, and online support) may also be suspended or offered on a limited basis due to considerations for Our staff's work safety, until such warning signals are cancelled or lowered.
3.5.4. MatterUs emphasizes that the safety of the Client and Our technicians is Our paramount concern during inclement weather conditions. We seek the Client's understanding for any service delays or inconveniences that may arise as a result.
Article 4: Service Performance Metrics and Commitments
4.1. Consultation Service Quality
We undertake, in providing smart home or commercial solution consultation services, to offer clear, impartial, objective, and tailored advice and solutions to the Client, based on the information provided by the Client, the Client's specific needs, and Our professional knowledge and experience in the relevant field.
4.2. Installation Service Quality and Standard After-Sales Service
4.2.1. All installation services shall be performed by MatterUs technicians who have received appropriate training and possess relevant experience, or by service providers duly authorized by MatterUs, in a professional, diligent, and tidy manner, and We shall endeavor to comply with industry best practice standards and prevailing safety regulations in Hong Kong.
4.2.2. Standard After-Sales Service Period and Scope: Unless otherwise agreed in writing or where the manufacturer's warranty terms for the relevant product provide for a longer period, MatterUs offers a standard after-sales service period of ninety (90) calendar days from the date of sale for products sold by Us. Within this period, for each product purchased, the Client may claim after-sales service once only for inherent defects in that product or for malfunctions occurring under normal use. To enhance efficiency, We recommend that the Client thoroughly tests the functionality of all products within a reasonable time after receipt (e.g., within seven (7) days) so that any issues discovered can be addressed collectively.
4.2.3. Limitations on Complimentary On-Site After-Sales Service: If complimentary on-site service is included in the standard after-sales service or any warranty terms, such complimentary on-site service shall only apply to maintenance or repair necessitated by inherent damage to or manufacturing defects in the product itself. If, after an on-site inspection by Our technician, it is determined that the issue was not caused by damage to or defects in the product itself, but rather by Client misoperation, improper use, external environmental factors (such as power instability, excessive humidity, etc.), Client-side network configuration issues, or incompatibility with third-party products or services not supplied by MatterUs, MatterUs reserves the right to charge the Client a fee for the inspection service, such fee not to exceed the standard paid on-site service fee applicable to similar services at that time (as detailed in Article 3.4.4 herein).
4.2.4. Workmanship Warranty for Installation: MatterUs provides a workmanship warranty for installation work directly performed by Us (excluding the product itself) for a period of ninety (90) days from the date of completion of the installation. This workmanship warranty covers only issues directly arising from defects in Our installation process or improper workmanship during Our installation. This warranty does not cover issues resulting from device malfunction, Client misuse, accidental damage, or any unauthorized modifications by third parties. Clients subscribed to certain HomeProTech+ plans may be entitled to an extended workmanship warranty period in accordance with their plan terms.
4.3. Post-Installation Support Service Response Times
4.3.1. Our target initial response times for post-installation support services will vary depending on the Client's subscribed HomeProTech+ plan level (if any) or the standard service level. For specific details on target response times, please refer to the "HomeProTech+ Plan Features and Price Comparison" table in Article 12, Section 12.2 herein, or the detailed terms of the relevant subscription plan.
4.3.2. The priority level of an issue (e.g., Critical Issue, High Priority Issue, Normal Priority Issue) will be reasonably determined by MatterUs at its discretion, based on the actual impact of the issue on the normal operation of the Client's smart home system or (if applicable) business operations.
(a) Critical Issue typically refers to a situation causing a complete system outage, failure of core functionalities (such as essential lighting, security systems, primary business processes), or an immediate safety risk.
(b) High Priority Issue typically refers to a situation causing significant impairment of important system functions, partial loss of functionality, or severe inconvenience to the Client's daily use.
(c) Normal Priority Issue typically refers to minor functional issues not affecting core system operations, general usage inquiries, or requests for optimization advice.
4.4. Issue Resolution Time Objective
4.4.1. We will use commercially reasonable efforts to resolve Client-reported issues within the shortest practicable time. However, the Client understands and agrees that the actual time required to resolve an issue may vary depending on multiple factors, including but not limited to the nature and complexity of the issue, the need for involvement and cooperation from third parties (such as product manufacturers or internet service providers), and the timeliness of the Client's provision of necessary information or assistance.
4.4.2. Following an initial assessment of the issue, We will, where possible, provide the Client with an estimated timeframe for issue resolution and will maintain communication with the Client regarding significant progress during the service process. Our general objective is, for issues assessed as High Priority, and where all necessary conditions are met, to strive to resolve eighty percent (80%) of such cases within three (3) Business Days. Specific issue resolution time objectives or commitments (if any) may vary according to the Client's subscribed HomeProTech+ plan level.
Article 5: Support Service Escalation Procedure
5.1. Requesting Support Services
Should the Client require post-installation support services, they should contact Us through the official support channels listed in Article 3, Section 3.3.1 herein, or through the dedicated support channels specified for their subscription plan (if any). When requesting support, the Client should, to the extent possible, provide the following information:
(a) A clear and detailed description of the issue;
(b) Any relevant error messages, screenshots, or video recordings;
(c) Any troubleshooting steps the Client has already attempted prior to the issue occurring and their results;
(d) The model number, serial number, and date of purchase of the relevant device(s) (if applicable);
(e) The Client's contact details and convenient times for follow-up.
5.2. Issue Escalation Mechanism
If the Client is dissatisfied with the progress of Our handling of their support request, the initial response, or the proposed resolution, the Client has the right to request that their case be escalated to a higher level of support personnel for review and handling. The escalation procedure is generally as follows:
(a) Level 1: Customer Service Representative (responsible for initial receipt and handling of support requests).
(b) Level 2: Support Specialist or Technician (responsible for handling more complex issues or those not resolved at Level 1).
(c) Level 3: Management of the Company, or the Client's Dedicated Account Manager (if applicable to their subscription plan) (responsible for handling severe, persistently unresolved issues, or those involving significant Client dissatisfaction).
5.2.1. The Client may request escalation through the support personnel currently handling their case. We will, in accordance with Our internal procedures, transfer the case to the appropriate escalation level. Contact details for the relevant escalation level (if applicable) will be provided when We deem the case meets internal escalation criteria, or upon the Client's reasonable request.
Article 6: Client's Responsibilities and Obligations
To enable MatterUs to effectively fulfill its service level commitments under this Agreement and provide quality Services, the Client shall assume the following responsibilities and provide corresponding cooperation:
6.1. Provision of Accurate Information: The Client is responsible for providing MatterUs with accurate, complete, and up-to-date information regarding their needs, the layout and setup of their existing home or commercial environment, network conditions, and any background circumstances relevant to the Services during service requests or consultations. MatterUs shall not be liable for any service delays, additional costs, or unsatisfactory service outcomes resulting from inaccurate or misleading information provided by the Client.
6.2. Provision of Device Access: When MatterUs technicians provide any on-site or remote Services, the Client is responsible for ensuring that Our technicians are immediately provided with all necessary access to the relevant devices, systems, and networks. Such access includes, but is not limited to, login credentials (usernames and passwords) for the relevant smart devices, administrator privileges for routers and network equipment, Wi-Fi network passwords, and physical access to the locations of the relevant devices. If the Client fails to provide such necessary access as requested, thereby preventing Our technicians from smoothly conducting diagnosis, configuration, or repair work, the Services may be delayed or cannot be completed, for which MatterUs shall bear no liability and reserves the right to charge for any costs already incurred (such as on-site visit fees).
6.3. Limitations on Password Reset and Data Recovery: The Client understands and agrees that, due to considerations of Client data privacy and information security, MatterUs technicians will generally not actively assist, nor be required to assist, the Client in resetting forgotten personal account passwords (e.g., operating system login passwords, application passwords, email passwords, etc.) or any unknown passcodes for devices. In exceptional circumstances, if Our technicians, with the Client's express authorization and assumption of associated risks, deem it appropriate to attempt to assist in resetting a password or bypassing access restrictions, such additional service may incur extra charges, which will be confirmed with the Client beforehand. Similarly, unless the Service explicitly includes data recovery, We do not provide general data recovery services.
6.4. Preparation and Safety of Service Environment: The Client must ensure that, during the scheduled service period, Our technicians can safely and without unreasonable obstruction access the service location and the vicinity of the relevant devices. The service site should be maintained in a reasonably clean, ventilated, and well-lit condition, and free from any known safety hazards (e.g., exposed electrical wires, unstable structures, unrestrained aggressive pets, etc.).
6.5. On-Site Cooperation: When on-site installation, repair, or significant configuration services are being performed, the Client or their authorized representative (who must be at least eighteen (18) years of age) should be present to promptly answer Our technicians' queries, make decisions regarding service options, and perform acceptance testing upon completion of the service.
6.6. Adherence to Guidance: The Client should reasonably comply with the guidance provided by Our support team regarding basic troubleshooting steps or system operation.
6.7. Network and Power Maintenance: The Client is responsible for maintaining the stability of their internal network (including Wi-Fi network) and the patency of their internet connection at their home or commercial premises, and for ensuring that all relevant smart devices receive a stable and compliant power supply. These are prerequisites for the normal operation of most smart devices and systems. Service failures caused by Client-side network or power issues are not within the scope of MatterUs's service warranty.
6.8. Timely Notification: If the Client makes any significant changes to the configuration of their smart home system or commercial solution, their network environment, or any factors that may affect the operation of the Services, or if they discover any potential issues, they should notify MatterUs in writing as soon as practicable.
6.9. Protection of Personal Property and Privacy: During on-site visits by Our technicians, the Client is responsible for taking all reasonable measures to secure their personal valuable property and any highly sensitive personal privacy data or items located at the service site, preventing their exposure to areas unnecessarily accessed by Our technicians.
6.10. Limitations on Specific Service Requests: For the avoidance of doubt, the Client understands and agrees that, unless a specific service is expressly included in the service package or subscription plan purchased by the Client, or otherwise agreed in writing by both parties with an agreement on associated fees, MatterUs's standard Services do not typically include assistance with the following: cracking or bypassing passwords or security locks of any device, performing any form of data recovery or data rescue, jailbreaking or rooting devices, installing or using unauthorized or pirated software, making unauthorized hardware modifications, or repairing software conflicts or file corruption not directly caused by MatterUs's Services. MatterUs reserves the right to independently assess such requests from the Client and to refuse to provide the relevant services due to technical limitations, legal compliance, security risks, or other reasonable grounds, or, with the Client's consent, to charge for such additional services at Our standard rates.
6.11. Service Site Environment and Technician Safety:
(a) The Client is responsible for ensuring that the service site environment is safe, hygienic, and free from any conditions that may pose a threat or unreasonable discomfort to Our technicians' physical safety, health, or mental well-being.
(b) Technician's Right to Suspend Service: We place extreme importance on the well-being and safety of Our technicians. If Our technician, in the course of providing Services at the Client's designated service location, encounters or reasonably perceives any one or more of the following situations, the said technician shall have the right, for their own safety and dignity, to immediately suspend the provision of Services and safely leave the premises:
(i) The presence or display of any extremely offensive, disturbing, or illegal content at the site (e.g., abuse of animals or human-like figures, display or storage of illegal items or substances);
(ii) Being subjected to severe disrespect in terms of etiquette, verbal abuse, intimidation, threats, or any form of violent behavior from the Client or any person present at the site;
(iii) The presence or display of obscene, indecent, or pornographic materials or related behavior that causes the technician to feel uncomfortable or harassed;
(iv) Reasonable suspicion that any activity harmful to minors or any other criminal activity is occurring or about to occur at the site;
(v) Being subjected to any form of sexual harassment or discriminatory remarks or behavior;
(vi) An environment at the site that is frightening, horrifying, or causes mental distress beyond what is acceptable in a normal service environment;
(vii) Extremely poor hygienic conditions at the service site that may pose a health risk (e.g., severe pest infestation, large accumulation of foul-smelling garbage, etc.);
(viii) The technician reasonably feels that their freedom of movement is restricted, that they are being held against their will, or that their personal safety is under immediate threat; or
(ix) Any other situation judged by Our management to pose an immediate or potential danger or severe discomfort to the technician.
(c) Handling of Service Suspension Due to Above Reasons: If a service is suspended due to any of the circumstances described in this Article 6.11(b), all relevant service agreement contents between MatterUs and the Client (including but not limited to commitments for that service instance and any entitlements under any subscription plan) shall be immediately and temporarily put on hold. The incident will be immediately reported to MatterUs management for investigation and assessment. MatterUs management reserves the sole discretionary right to determine the subsequent course of action based on the investigation findings, which may include: communicating with the Client to seek solutions for improving the service environment before considering whether to continue providing Services, adjusting the original service terms, or unilaterally and immediately terminating all service agreements with the Client. In such circumstances, any fees already paid by the Client may not be refunded or compensated in any form, and MatterUs also reserves the right to claim from the Client any additional costs or losses incurred as a result.
Article 7: MatterUs's Responsibilities and Commitments
MatterUs undertakes to diligently fulfill the following responsibilities:
7.1. Professional Service Standards: We will provide all Services with commercially reasonable care, skill, and diligence, as described in this Agreement and relevant Service Documents.
7.2. Qualified Personnel: We will assign personnel with appropriate training, skills, and experience to perform the various Services.
7.3. Clear Communication: We will endeavor to maintain clear, timely, and proactive communication with the Client regarding the progress of service delivery, any anticipated or actual delays, and any potential issues that may affect the service outcome.
7.4. Privacy Protection and Information Confidentiality:
7.4.1. We respect the Client's right to privacy and will strictly collect, use, process, store, and protect the Client's Personal Data in accordance with the MatterUs Privacy Policy Statement (as amended from time to time and published on Our official website) and all applicable Hong Kong Personal Data (Privacy) Ordinance (Cap. 486) and related regulations.
7.4.2. Unless prior express written consent is obtained from the Client, or as required by Hong Kong law, court order, or any mandatory requirement of a regulatory authority, We will not, in the course of providing Services, make any additional or specific confidentiality commitments regarding Client-specific information incidentally encountered or learned that is beyond the absolute necessity for providing that particular Service (e.g., Client's family affairs, personal habits, contents of computer files unrelated to the service, etc.). However, We will always use Our best commercial reasonable efforts (best effort principle) to protect the Client's personal privacy and to avoid unnecessary collection, access, use, or disclosure to any third party of any Client information (including Personal Data and non-personal data).
7.4.3. Internal Controls on Employee Conduct and Client Personal Data Protection: MatterUs has established internal administrative policies and employee codes of conduct that strictly prohibit Our employees (including technicians), in the course of providing Services, from soliciting from the Client any Personal Data or sensitive information that is not directly relevant to or clearly unnecessary for the immediate purpose of that service.
7.4.4. Client's Rights to Inquire and Complain Regarding Employee Handling of Data:
(a) If, during the receipt of Services, the Client has any suspicion or dissatisfaction regarding Our technician's conduct in handling their Personal Data or privacy, or wishes to make a formal complaint, the Client has the right and should, in a safe and reasonable manner, immediately request the said technician to cease the conduct deemed inappropriate by the Client.
(b) If the Client wishes to further inquire about potential infringements of their Personal Data or privacy rights by Our employee's conduct, the Client must, at the time of the incident or as soon as practicable thereafter (preferably within twenty-four (24) hours), clearly raise their concerns with the said employee and accurately record, in writing or by other verifiable means, all relevant dialogue content, the time, location, and specific circumstances of the incident.
(c) In accordance with Our internal policies, in such specific circumstances involving Client privacy inquiries or complaints, Our employees shall not unreasonably refuse to disclose their employee name and employee ID (if applicable) to the Client.
(d) Procedure and Limitations for Recording Conversations: If the Client wishes to record, by audio, written notes, or other means, their conversation with Our technician regarding the aforementioned privacy inquiries or complaint matters, the Client must, prior to making any form of recording, clearly declare to the said technician their intention to record, the purpose of the recording, and the method of recording, and must obtain the explicit oral or written consent of the said technician before proceeding. Our employees, in such circumstances, unless there are exceptional and reasonable grounds (e.g., serious concerns for their own safety or privacy), should not unreasonably refuse a Client's request for recording made with their consent.
(e) However, to protect the rights and interests of both parties and to avoid misunderstandings, any form of recording (including audio recording, video recording, written transcription, etc.) must be conducted on the basis of the aforementioned prior declaration and obtained consent. If MatterUs subsequently discovers or has reasonable grounds to believe that the Client, at the service location or during interaction with Our technician, conducted any form of clandestine video recording, audio recording, or transcription without the technician's knowledge or explicit consent, MatterUs reserves the right to object to such conduct and will, depending on the severity of the situation, handle the matter严肃ly, which may include, but is not limited to, requesting the Client to destroy the relevant recordings, suspending the provision of current and future Services, or even seeking legal advice and taking appropriate legal action if necessary.
7.5. Assistance with Manufacturer's Warranty: For products sold by MatterUs that are still within the manufacturer's warranty period, We will, to a reasonable extent, provide the Client with information and advice regarding the manufacturer's warranty terms for the device and, where feasible, assist the Client in making initial contact or coordination with the manufacturer or its authorized repair center for warranty claims. However, the Client understands that MatterUs is not the product manufacturer, and the final decision regarding the product's inherent defects or eligibility for a manufacturer's warranty claim rests solely with the manufacturer or its authorized representative.
Article 8: Limitation of Liability and Exclusions
8.1. Nothing in this Agreement is intended to, nor shall it be construed as, excluding or limiting MatterUs's liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be lawfully excluded or limited under applicable Hong Kong law.
8.2. Without prejudice to Article 8.1 herein, MatterUs's maximum aggregate liability under or in connection with this Agreement or the provision of the Services, whether in contract, tort (including negligence), or otherwise, howsoever arising, shall in no circumstances exceed the total amount actually paid by the Client to MatterUs for the specific Service giving rise to the claim or, if applicable, for the relevant subscription plan in the twelve (12) months preceding the occurrence of the claim.
8.3. In no event shall MatterUs be liable to the Client for any indirect, incidental, special, punitive, or consequential losses, nor for any loss of profits, loss of revenue, loss of goodwill, loss or corruption of data, business interruption, or loss of anticipated savings.
8.4. Exclusions from Services: Unless expressly provided otherwise in this Agreement or relevant Service Documents, this SLA and MatterUs's service commitments do not generally cover the following situations or issues arising therefrom:
(a) Issues caused by misuse, neglect, improper maintenance, accidental damage (unless the relevant subscription plan expressly includes coverage for such accidental damage), unauthorized alteration, repair, or interference with the installed system or devices by the Client or any third party not authorized by MatterUs.
(b) Service failures or performance degradation resulting from disruptions or instability in the services provided by the Client's Internet Service Provider (ISP), malfunctions of the Client's internal network equipment (such as routers, switches, if not supplied and maintained by MatterUs), unstable or inadequate power supply, or other infrastructure issues beyond MatterUs's control.
(c) Inherent defects, design flaws, or manufacturing faults in the smart home devices or any hardware products themselves. Such issues are typically governed by the product manufacturer's warranty terms (some subscription plans may offer assistance with warranty claims or additional coverage, as detailed in the plan terms). MatterUs will provide reasonable assistance in diagnosing issues, but the ultimate responsibility and decision for product replacement or repair lie with the manufacturer.
(d) Issues, bugs, incompatibilities, or cloud service disruptions directly or indirectly caused by third-party software, firmware, operating systems, or applications (e.g., applications provided by device manufacturers, operating system updates, changes in app store policies, etc.).
(e) Any services, features, or devices not expressly listed as within MatterUs's scope of service in the mutually signed Service Proposal, Statement of Work, or relevant subscription plan terms.
(f) Support for, compatibility assurance of, or system issues arising from any new devices or software added by the Client to the existing system after MatterUs has completed the initial installation and configuration, without MatterUs's prior consultation and written consent (unless the relevant subscription plan expressly includes advisory support or integration services for such "independent devices").
(g) The direct or indirect effects of any Force Majeure Event (as defined in Article 1, Section 1.7 herein).
(h) Situations where Services cannot be properly performed, are delayed, or are suspended due to the Client's failure to fulfill their responsibilities as described in Article 6 herein (e.g., failure to provide necessary device access, failure to ensure a safe service environment).
(i) Assistance requested by the Client that falls outside MatterUs's standard scope of service as described in Article 6, Section 6.10 herein (e.g., password cracking, unauthorized data recovery, device jailbreaking, etc.).
Article 9: Service Compensation Agreement
9.1. General: This Article 9 aims to set forth the compensation or remedies (hereinafter "Compensation") that may be available to the Client in specific circumstances where MatterUs fails to meet certain express service commitments made in this Agreement or relevant Service Documents. This Article constitutes the Client's sole and exclusive remedy for such specific service failures, unless otherwise mandatorily provided by applicable Hong Kong law.
9.2. Applicable Circumstances and Standards for Compensation:
9.2.1. Failure to Resolve an Issue (Applicable to Paid Repair Services or Repair Services included in Subscription Plans):
(a) MatterUs's Undertaking: We will use commercially reasonable efforts, employing professional knowledge and skills, to attempt to repair device malfunctions or system issues reported by the Client. However, the Client understands and agrees that not all faults can be successfully repaired, and some issues may be unresolvable due to device aging, lack of spare parts, technical limitations, or the complexity of the root cause.
(b) Applicable to Products from MatterUs Partner Brands or Directly Sold by MatterUs: If the product requiring repair is listed on MatterUs's "Partner Brands" list (as published on Our official website from time to time), or if the product was directly purchased by the Client from MatterUs, and MatterUs confirms prior to service provision that the product is eligible for repair, then in such event, if We, after exerting reasonable efforts, are still unable to repair the original fault of the said product, We shall:
(i) Refund the full service fee already paid by the Client for that specific repair service; AND
(ii) At Our sole option, replace the damaged product or its critical damaged component(s) with a new, functionally equivalent product (or component(s)) of the same or similar specification. Such replacement item shall not come with any additional standalone warranty period or entitlements beyond the original manufacturer's standard warranty (if applicable). This replacement constitutes MatterUs's entire liability for the said failure to resolve the issue.
(c) Applicable to Products Not Sold by MatterUs or Not from Partner Brands: If the product requiring repair was not directly sold by MatterUs and is not on Our "Partner Brands" list, then in such event, if We, after exerting reasonable efforts, are still unable to repair the original fault of the said product, We shall refund fifty percent (50%) of the service fee already paid by the Client for that specific repair service.
(d) Preconditions for Compensation under (b) and (c) above: A Client wishing to claim Compensation under this Article 9.2.1 must satisfy all of the following conditions concurrently:
(i) The Client must provide clear and valid proof of purchase and related documentation to substantiate the product's model, date of purchase, source of purchase, and (if applicable) its status as a "Partner Brand" product or one sold by MatterUs;
(ii) The Client warrants and can demonstrate that the product, prior to receiving Our service, had not been subjected to any unauthorized alteration, disassembly, repair attempts, or any form of misuse, abuse, or negligent handling;
(iii) The Client warrants and can demonstrate that the product was purchased from a legitimate brand-authorized channel or reputable reseller within Hong Kong, and that at the time of purchase, the product's original manufacturer or seller provided at least a one (1) year valid warranty for it;
(iv) The Client confirms and declares that the relevant fault or damage to the product is not covered by any other insurance already purchased by the Client (e.g., home insurance, extended warranty plan), or if it is covered, the Client has first attempted to claim from the relevant insurance company but was unsuccessful (and can provide relevant proof thereof).
9.2.2. Additional Damage Directly Caused by MatterUs Services:
(a) Eligibility for Claim: If the Client has reasonable grounds to believe that, during the provision of Services by Our technician, additional physical damage, not related to the original reported fault, was inflicted upon the Client's property (hereinafter "Damaged Property") due to the direct negligence or improper operation of Our technician, the Client, in order to claim Compensation for such damage, must strictly adhere to the following procedure:
(i) The Client must, either before Our technician completes the service and leaves the service premises, or within the shortest reasonably practicable time after discovering such additional damage (typically not exceeding twenty-four (24) hours), immediately give formal notice of such additional damage to Our technician (if still present) or through Our official customer service channels (cs@matterus.it.com);
(ii) The Client must provide clear, uninterrupted photographic or video evidence that adequately shows the condition before and after the damage occurred (e.g., photos/videos of the service area and relevant property taken before the service commenced, and photos/videos of the damage taken immediately after it was allegedly incurred). Such evidence must reasonably demonstrate that: (1) the Damaged Property was indeed in good or undamaged condition before the service commenced; (2) the nature and extent of the additional damage; and (3) it is highly probable that the additional damage was directly and solely caused by the actions of Our technician during the provision of the service, and not by any other intervening factors (such as the Client's own actions, third-party actions, or environmental factors).
(iii) The Client is responsible for removing any fragile, valuable, or easily toppled items from the vicinity of the service area or Our technician's work path before the service commences, to prevent accidents. If the Client fails to fulfill this responsibility, Our liability for accidental damage to such items may be reduced or excluded.
(b) Form of Compensation (at MatterUs's Discretion): If MatterUs, after internal investigation, reasonably determines that the Client's claim meets the above eligibility criteria and that We are indeed liable, We shall provide Compensation to the Client in one of the following forms (at MatterUs's sole discretion):
(i) **Cash Compensation:** If the Client had not, prior to the commencement of the service, declared in writing to Us that the value of the Damaged Property exceeded HK$2,000.00, the maximum amount of cash compensation shall be HK$2,000.00. If the Client had, prior to the commencement of the service, declared in writing to Us the value of the Damaged Property and provided a valid original purchase receipt to prove its authentic purchase price (the source of purchase must comply with the provisions of Article 9.2.1(d)(iii) herein), the maximum amount of cash compensation shall be HK$5,000.00, or the depreciated residual value of the Damaged Property, whichever is lower. Depreciation will be calculated using the Double Declining Balance (DDB) method, with the depreciation period for smart electronic products calculated on a semi-annual basis, and for luxury products (defined as items whose value exceeds more than double the average price of other mainstream brand similar products with the same primary function in the market) calculated on a bi-monthly basis. In any event, for any single incident or series of related incidents, MatterUs's total aggregate cash compensation under this Article 9.2.2(b)(i) shall not exceed one hundred percent (100%) of the total amount actually paid by the Client to MatterUs for all Services (including subscription plan fees and one-off service fees) in the thirty-six (36) months immediately preceding the incident.
(ii) **Replacement in Kind:** MatterUs may opt to replace the Damaged Property with a new or refurbished item of the same primary core function and comparable quality. "Comparable quality" herein means that the replacement item should possess the original primary core functions of the Damaged Property, have an equivalent energy efficiency label (if applicable), and support the same smart home ecosystem environment (e.g., Matter standard, Apple HomeKit) as the Damaged Property was originally compatible with. The replacement item should be functionally adequate to substitute the original use of the Damaged Property. The conditions for applicability of this replacement option regarding product purchase source, original warranty, and unmodified status (as described in Article 9.2.1(d) herein) are the same as for the cash compensation option.
(iii) **Assistance with Insurance Claim:** The Client must, prior to making any claim for damage against MatterUs, first fully and truthfully disclose to Us whether the Damaged Property is covered by any form of insurance (e.g., home insurance, property insurance, etc.). If the property is indeed insured, the Client must first file a claim with their insurance company. In such circumstances, MatterUs reserves the right (but has no obligation), upon obtaining the Client's written authorization, to intervene and, on behalf of the Client, communicate, negotiate, or make a claim with the relevant insurance company regarding the said damage. Until the insurance company's claim case is concluded, MatterUs will not process any related compensation request from the Client to Us. If the insurance company makes any form of payment, such payment amount will be taken into account or deducted when calculating any compensation that MatterUs may provide.
(c) Permanent Device Damage Due to Erroneous Instructions:** If, not due to direct physical operational error, but as a result of Our technician providing, during the course of service, materially incorrect technical instructions that significantly deviate from common industry standards or manufacturer guidelines (e.g., providing completely wrong electrical wiring methods), and the Client, in full reliance on such erroneous instructions, operates the device and thereby directly causes permanent, irreparable damage to their smart device, then in this specific circumstance, if Our investigation confirms Our liability, We will opt to either replace the product with a new one of the same model or of comparable function and value, or compensate the Client in money for the fair market value of the device prior to the damage (without any deduction for depreciation). The conditions for applicability of this compensation regarding product eligibility (such as proof of purchase, unmodified status, etc.) as described in Article 9.2.1(d) herein shall apply.
9.2.3. Failure by MatterUs to Provide Service as Agreed (e.g., Technician's Absence from a Confirmed Appointment):
(a) If, due to reasons attributable solely to MatterUs (excluding circumstances described in Article 3.5 herein regarding inclement weather, Force Majeure Events, or situations where service cannot proceed due to the Client's failure to fulfill their responsibilities under Article 6 herein), Our technician fails to provide on-site service at the time mutually confirmed in writing (i.e., an "Absence"), We will use Our best efforts to consult with the Client and arrange a mutually acceptable alternative service time within thirty (30) calendar days from the originally scheduled appointment date.
(b) In such an event, the Client also has the right to choose to cancel that specific service instance which was not provided due to Our Absence. If the Client chooses to cancel, and that service was one for which the Client had paid a separate fee (e.g., a one-off paid on-site repair service), then MatterUs shall refund in full all monies already paid by the Client for that specific missed service.
(c) If the missed service was one included within the annual service quota or number of instances of a HomeProTech+ plan subscribed to by the Client (e.g., an annual free instance of MatterKit Integration Service), and the Client did not directly pay any additional fee for that specific service instance, then in such case, while there will be no monetary refund or compensation, MatterUs will ensure that the service quota or instance unused due to Our Absence will be reinstated to the Client's subscription plan account, for the Client to schedule and use separately within the subscription period in accordance with the plan terms.
(d) The remedies set forth in (a) to (c) above shall not apply to any situation where the service cannot proceedpunctually due to the Client's own reasons (e.g., providing an incorrect address, failing to be present at the appointed time, or breaching any terms of this Agreement).
9.3. Overall Limitations on Compensation Agreement and Legal Proceedings:
9.3.1. Sole Remedy: Save as expressly provided otherwise in this Agreement or by mandatory applicable Hong Kong law, the various forms of Compensation described in this Article 9 (if applicable) shall constitute the Client's sole and exclusive compensation or remedy against MatterUs for the relevant specific service failures or damage incidents.
9.3.2. Jurisdiction and Limitation on Claim Amount: The Client agrees that any dispute, claim, or legal proceeding arising out of or in connection with this Agreement or the Services provided by MatterUs shall be governed by the laws of the Hong Kong Special Administrative Region and shall be submitted to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region. The Client hereby irrevocably waives any right to bring any related claim or proceeding in the courts of any jurisdiction other than the Hong Kong Special Administrative Region. Furthermore, the Client agrees that, unless a claim involves personal injury or significant property damage with sufficient evidence directly caused by gross misconduct (e.g., fraud, intentional tortious acts) of MatterUs employees, the monetary amount of any claim made by the Client against MatterUs shall in no event exceed the then-current jurisdictional limit of the Small Claims Tribunal of Hong Kong. Should the Client breach this undertaking by filing a claim in a higher-level court, MatterUs reserves the right to apply for the case to be transferred to the Small Claims Tribunal and may seek to recover from the Client any additional legal costs thereby incurred.
9.3.3. Consequences of Client Initiating Legal Action: If the Client, in respect of any matter related to this Agreement or MatterUs Services, issues to MatterUs any formal or informal lawyer's letter, notice of claim, pre-action letter, or any other letter or notice, whether or not marked "without prejudice," that carries a threat or implication of legal proceedings, or actually institutes any form of legal action, claim, or proceeding (collectively "Legal Action") against MatterUs in any court, tribunal, or arbitration body, then, from the moment MatterUs becomes aware of or receives notice of such Legal Action, MatterUs shall be entitled to immediately and unilaterally suspend or terminate all rights, services, and benefits granted to that Client under this Agreement and any subscription plan. The Client shall also immediately cease all use of Services provided by MatterUs, including but not limited to accessing or using Our website, applications, or any related platforms. MatterUs reserves its full rights to defend against such Legal Action. Furthermore, if it is ultimately determined by a court or relevant arbitral body that the Client's Legal Action lacked reasonable basis, or that the Client was themselves in breach of the terms of this Agreement, MatterUs also reserves the right to counterclaim against the Client for any direct losses, indirect losses, incidental losses, consequential losses, or any similar form of damages suffered by Us as a result (including but not limited to Our legal costs and loss of goodwill). This clause does not affect MatterUs's right to seek injunctive or other equitable relief at any time.
Article 10: Review and Amendment of Agreement
10.1. MatterUs will conduct an internal review of the terms of this Service Level Agreement at least once annually and reserves the right to amend any provision of this Agreement at any time due to business development, market changes, updates in laws and regulations, or other reasonable causes.
10.2. If there are any material amendments to this Agreement (defined as changes that substantially affect the Client's rights or obligations), MatterUs will use reasonable efforts to notify affected Clients of the amended content at least thirty (30) calendar days prior to the effective date of the amendment, through means such as announcements on its official website, email notifications, or notices within the Client's account. Non-material amendments (e.g., correction of typographical errors, updates to contact information, clarifying modifications that do not substantially affect Client rights) may be updated directly without individual notification.
10.3. Upon receipt of notification of a material amendment, if the Client does not agree with the relevant amended content, the Client should, before the effective date of the amendment, choose to terminate their service contract or not renew their subscription plan in accordance with the provisions for termination of service in this Agreement or the Main Terms. If the Client continues to use MatterUs's Services after the amendment becomes effective, the Client will be deemed to have fully understood and agreed to be bound by such amended terms.
10.4. We may, upon reasonable request from the Client (particularly Clients of Commercial Tier subscription plans), or as part of an ongoing service agreement, provide periodic reports on Our performance against key service levels (e.g., support response times, system availability, if applicable).
Article 11: Term and Termination of Agreement
11.1. This Service Level Agreement shall take effect from the date the Client first accepts MatterUs's Services or signs the relevant Service Documents (whichever is earlier) and shall remain in full force and effect for as long as the Client continues to be a user of MatterUs's Services, or until the relevant service contract or subscription plan is formally terminated in accordance with its terms.
11.2. The specific conditions, procedures, and consequences for the termination of a service contract or subscription plan by either party shall be governed by MatterUs's Main Terms, the relevant Service Documents, or the specific terms regarding subscription plans in Article 12, Section 12.4 of this Agreement (if applicable).
11.3. Termination of this Agreement shall not affect any rights, obligations, or liabilities of either party that have accrued or are due to be performed prior to the date of termination. Certain provisions which by their nature should survive termination (e.g., limitation of liability, intellectual property rights, confidentiality obligations, dispute resolution, etc.) shall continue in effect after the termination of this Agreement.
Article 12: Optional: HomeProTech+ Subscription Plans
MatterUs offers a range of optional "HomeProTech+" subscription plans (hereinafter "Subscription Plans") designed to provide Clients with enhanced support services, exclusive usage benefits, and proactive system maintenance for their smart home or commercial smart ecosystem. These Subscription Plans are supplementary to the standard services covered in other parts of this Agreement, and subscription by the Client is entirely voluntary. If a Client chooses to subscribe to any HomeProTech+ plan, the specific terms and conditions for that plan (which will be provided separately at the time of subscription or set forth in this section) will apply and form part of this Agreement.
12.1. Core Feature: MatterKit™ Integration Service (Typically included in all residential Subscription Plans)
12.1.1. Service Description: MatterUs will utilize its professional expertise and technology to assist Subscription Plan Clients in organizing, recording, and securely storing the pairing QR codes or other critical pairing information for their entire home's (or a specified scope of) smart electrical appliances (particularly devices compatible with the Matter standard), to enable Clients to conveniently reintegrate their smart systems when devices need to be reset or control hubs are replaced. We may employ patented or proprietary technology to securely encode and store this information on the Client's personal and exclusive "MatterKit™ Integration Code" or other secure digital media designated by Us.
12.1.2. Device Quota Limits: Different tiers of Subscription Plans have different upper limits on the number of devices that can be managed under this service. For example: the "Entry Level" plan typically has a limit of twenty-five (25) devices; the "Full Version" plan typically has a limit of fifty (50) devices; while the "Professional Edition" residential plan typically has no limit on the number of devices (but is still subject to annual service instance limits). The device quantity and management scope for Commercial Tier plans will be negotiated based on individual project requirements.
12.1.3. Data Access and Loss Handling:
(a) During the subscription period, the Client may, at any time, access or download their stored smart device QR code information by logging into their personal "MatterKit™ Integration Code" account using their access credentials via a designated secure login page on the MatterUs official website.
(b) If the Client is unable to retrieve the information themselves through the online system, they may also request assistance in retrieving lost or unreadable smart device QR code information free of charge through Our standard customer service ticketing system (tickets) or the support channels designated for their plan. We will endeavor to provide assistance after verifying the Client's identity.
12.1.4. Responsibility and Limitations for Data Retention: MatterUs provides data retention services for information within the "MatterKit™ Integration Code" only for eligible subscribing Clients whose accounts are in good standing during the subscription period. We will take commercially reasonable security measures to protect the confidentiality and integrity of the stored data. However, for data loss or corruption directly or indirectly caused by any unforeseen accidents (e.g., large-scale system failures, malicious cyber-attacks, natural disasters, or other Force Majeure Events), although We will make reasonable efforts to attempt recovery, MatterUs shall not assume final liability for compensation.
12.1.5. If the Client loses their access credentials for their personal "MatterKit™ Integration Code" due to their own reasons (e.g., forgetting the password and being unable to reset it through standard verification procedures), We may assist them in re-establishing or re-creating their "MatterKit™ Integration Code" during their next scheduled use of the MatterKit Integration Service included in their plan. If this request exceeds the annual number of free service instances included in their subscription plan, MatterUs reserves the right to charge a fee for such additional service at Our standard rates.
12.1.6. Clarification of Service Scope: This "MatterKit™ Integration Service" primarily targets the QR code management for Matter-compatible smart devices, but may also, at the Client's request and subject to technical feasibility and resource availability, discretionarily assist in organizing and recording key pairing information for other types of smart devices.
12.2. HomeProTech+ Plan Features and Price Comparison Table
Feature | HomeProTech™ Entry Level | HomeProTech™ Full Version | HomeProTech™ Professional Edition | HomeProTech™ Commercial Tier Solution |
---|---|---|---|---|
Recommended Subscription Period and Reference Price⁷ | ||||
Twelve (12) Month Subscription Period | HKD 880.00 | HKD 1,580.00 | HKD 2,680.00 | By Quotation |
Twenty-Four (24) Month Subscription Period (Typically includes additional discount) | HKD 1,600.00 | HKD 2,880.00 | HKD 4,880.00 | By Quotation |
Thirty-Six (36) Month Subscription Period (Typically includes maximum discount) | HKD 2,200.00 | HKD 3,980.00 | HKD 6,880.00 | HKD By Quotation |
Main Support and Integration Services | ||||
MatterKit™ Integration Service¹ (QR Code Management) | 2 times per year (Max 25 devices/instance) | 4 times per year (Max 50 devices/instance) | 6 times per year (Unlimited devices/instance) | Negotiated based on project requirements |
Independent Device Advisory Support (For compatible devices not sold by MatterUs)⁶ | Not Applicable | Remote consultation (Max 2 devices per year) | On-site support (Max 2 visits per year, max 2 devices per visit) | Extensive support services (As per project agreement terms) |
Smart Linkage and Automation Scene Setup⁸ | Not Applicable | Not Applicable | 4 times per year (Standard scenes) | Negotiated based on project requirements (May include complex scenes) |
Technical Support Priority Level | Standard Processing | Priority Processing | VIP Level Processing | Highest Priority / Dedicated Support Channel |
Target Response Time (For High Priority/Critical Issues)³ | As fast as eight (8) Business Hours | As fast as four (4) Business Hours | As fast as two (2) Business Hours (May include on-site) | As stipulated in Service Level Agreement (SLA) (May include on-site SLA) |
System Maintenance and Device Protection | ||||
Remote System Health Check Service | Once per year | 3 times per year | Not Applicable (Replaced by more comprehensive service) | Regular proactive inspections (May include on-site checks) |
System Health Check and Home Internet Connection Optimization Service⁹ | Not Applicable | Not Applicable | 4 times per year | Negotiated based on project requirements |
Designated Whole-House Smart Appliance Damage Protection (For items purchased from and installed by MatterUs)¹⁰ | Not Applicable | Not Applicable | One-year coverage (Natural damage only) | Optional value-added protection plan |
Shopping Privileges and Service Benefits | ||||
Cashback or Discount on Purchase of New Smart Devices | Ten percent (10%) cashback | Fifteen percent (15%) cashback | Twenty percent (20%) cashback | Volume purchase discount / Project-specific pricing |
Discount on Additional Paid Services⁴ | Twenty percent (20%) cashback | Twenty-five percent (25%) cashback | Thirty percent (30%) cashback | As stipulated in project agreement terms |
Unconditional Return Period for Purchases from MatterUs | Not Applicable | Thirty (30) days | Sixty (60) days | As stipulated in project agreement terms |
Original Manufacturer's Warranty and After-Sales Service Handling/Extension for Designated Products¹¹ | Not Applicable | Extended to a total of one year | Extended to a total of two years | Optional value-added protection plan |
Exclusive Client Services | ||||
Complimentary Rental of Designated Smart Hub Model During Subscription Period¹² | ✓ (Standard model) | ✓ (Standard model) | ✓ (Standard or upgraded model) | ✓ (Standard, upgraded, or enterprise-grade model) |
Priority Experience of New Products/Services and Access to Related Information | Not Applicable | ✓ | ✓ (May receive exclusive preview opportunities) | ✓ (Priority pilot testing for new technologies/solutions) |
Dedicated Account Manager | Not Applicable | Not Applicable | Not Applicable | ✓ |
Commercial Smart System Usage Reports and Data Analysis Services | Not Applicable | Not Applicable | Not Applicable | ✓ (Provided based on project requirements) |
Employee Training Services for Relevant Smart System Operation | Not Applicable | Not Applicable | Not Applicable | ✓ (Provided based on project requirements) |
12.3. Detailed Explanation and Notes on the Above Plan Features
¹ MatterKit™ Integration Service: Our team will assist the Client in organizing and securely storing the QR codes for their entire home's (or a specified scope of) smart electrical appliances, and may utilize patented technology to securely encode this information onto the Client's personal and exclusive "MatterKit™ Integration Code," for use when device resets are needed. This service includes assistance in adding a specified maximum number of Matter-compatible devices (Entry Level: max 25 devices/instance; Full Version: max 50 devices/instance; Professional Edition residential plan: no device limit per instance, but subject to annual total service instance limits) to their smart home system, verifying basic device connectivity and functionality, and providing fundamental guidance on device management and network security. The service scope, device quantity, and service instances for Commercial Tier plans will be negotiated and stipulated separately based on individual project requirements. During the subscription period, the Client may, at any time, access or retrieve their stored smart device QR code information by logging into their personal "MatterKit™ Integration Code" account via a designated secure page on Our official website; alternatively, they may request assistance in retrieving lost smart device QR code information free of charge through Our standard customer service ticketing system. MatterUs provides this data retention service only for eligible subscribing Clients whose accounts are in good standing during the subscription period. For data loss or corruption directly or indirectly caused by any unforeseen accidents (e.g., large-scale system failures, malicious cyber-attacks, or other Force Majeure Events), or if the Client loses their access credentials for their "MatterKit™ Integration Code" and cannot retrieve the data, should the Client request Us to perform additional Integration Code re-creation or data recovery attempts beyond the number of MatterKit Integration Service instances included in their plan, MatterUs reserves the right to charge for such additional services at Our standard rates.
² Clarification of "Unlimited" Service (Regarding MatterKit Integration Service previously mentioned in an older "Premium Plan"): This "unlimited" concept has now been revised to specific annual total service instances and/or per-instance device quantity limits depending on the plan tier. For example, while the "Professional Edition" residential plan has no per-instance device quantity limit, its total annual instances of MatterKit Integration Service are still limited (e.g., six times per year). Commercial Tier plans are entirely negotiated based on project requirements.
³ Target Response Time: This refers to the target time within Our standard Business Hours for Us to make an initial meaningful response (e.g., acknowledging receipt of the issue, commencing diagnosis, or scheduling follow-up) to issues reported by the Client and assessed by Us as "High Priority" or "Critical". The specific response time commitment and whether it includes committed on-site service times will vary depending on the Client's subscribed plan tier.
⁴ Discount/Cashback on Additional Services: This discount or cashback offer applies to eligible paid services purchased by the Client from MatterUs during the subscription period that fall outside the scope of complimentary services included in their subscription plan (e.g., additional hours of on-site technical support, additional project consultation fees, etc.). The specific eligible service items and percentage of discount/cashback depend on the Client's subscribed plan tier.
⁵ Extended Workmanship Warranty (Now consolidated under item ¹¹ "Original Manufacturer's Warranty and After-Sales Service Handling/Extension" below for unified explanation): Certain subscription plans will provide an additional extended warranty period beyond the standard workmanship warranty for installation work directly performed by MatterUs (excluding the product itself).
⁶ Independent Device Advisory Support: This service is designed to provide Clients with professional advisory recommendations and limited integration assistance for third-party compatible devices (hereinafter "Independent Devices") that were not sold or supplied by MatterUs but which the Client wishes to integrate into their existing smart home system. The scope of service (e.g., remote consultation only, or including a certain number of on-site basic integration assistance visits) and the number of Independent Devices supportable per year will depend on the Client's subscribed plan tier. The Client must note that this service does not include any troubleshooting, repair, maintenance, or performance guarantee for such Independent Devices themselves. MatterUs also assumes no liability for the ultimate compatibility or integration effectiveness of such Independent Devices with the Client's existing system.
⁷ Recommended Subscription Period and Reference Price: The prices for HomeProTech+ subscription plans listed in this Agreement are indicative examples only, and MatterUs reserves the right to adjust them at any time (however, existing Clients will be notified of any changes in accordance with the "Amendment of Terms" provision in Article 12.4 herein). All subscription plans are offered without a monthly payment option. Clients may choose to prepay for a subscription period of twelve (12), twenty-four (24), or thirty-six (36) months, with longer subscription periods typically offering a more favorable average price. The price for Commercial Tier plans will be provided as an independent written quotation by MatterUs following a detailed assessment of the Client's specific project scale, service scope complexity, required support level, and other particular needs.
⁸ Smart Linkage and Automation Scene Setup: Clients of the "Professional Edition" residential subscription plan and "Commercial Tier Solution" may, in accordance with their plan terms, be entitled to a specified number of complimentary service instances where Our technicians assist in designing and setting up standardized linkage operations and automation scene flows between devices in their smart home or commercial premises (e.g., a "Welcome Home" scene that automatically turns on designated lights and air conditioning, or an "Away Mode" scene that automatically turns off appliances and activates security). Commercial Tier plans may, by negotiation based on project requirements, include the setup of more complex or customized scenes.
⁹ System Health Check and Home Internet Connection Optimization Service: The "Professional Edition" residential subscription plan and "Commercial Tier Solution" include more in-depth and frequent overall system health check services, as well as assessment and basic optimization advisory services for the Client's internal internet network connection at their home or commercial premises (e.g., Wi-Fi coverage, signal strength, preliminary diagnosis of network congestion, etc.).
¹⁰ Designated Whole-House Smart Appliance Damage Protection (For items purchased from and installed by MatterUs): The "Professional Edition" residential subscription plan provides, for designated categories and brands of smart electrical appliances purchased from and installed by MatterUs during the subscription period (a specific list and terms will be provided separately), a one-year (from the date of installation completion) protection against natural damage (i.e., damage not caused by human accident, misuse, or force majeure). Details of this protection, its limitations, exclusion clauses, and claim procedures will be set forth in the relevant supplementary protection terms document. Clients of "Commercial Tier Solution" may opt for similar value-added protection plans based on their specific needs.
¹¹ Original Manufacturer's Warranty and After-Sales Service Handling/Extension for Designated Products: Clients of the "Full Version" and "Professional Edition" residential subscription plans may, for designated brands and models of smart devices purchased from MatterUs during their subscription period, be entitled to more prioritized after-sales service handling by MatterUs (e.g., assistance in contacting the manufacturer to arrange repairs) and/or an additional extended warranty period on top of the manufacturer's standard warranty period (e.g., an additional extension to a total of one or two years, depending on the plan tier and product category). The specific applicable product range and detailed terms of the extended warranty will be stipulated separately.
¹² Complimentary Rental of Designated Smart Hub Model During Subscription Period: All residential subscription plan Clients are entitled to the complimentary rental of one (1) standard model smart hub designated by MatterUs (e.g., MatterKit Hub (reference value HK$418), Zemismart Matter Hub (reference value HK$548), or another standard model hub with similar functions designated by Us from time to time with a reference value not exceeding HK$800) for the duration of their active subscription plan. Clients of "Commercial Tier Solution" may, depending on their project requirements, rent standard models or more advanced upgraded or enterprise-grade hub models. This complimentary rental service is subject to the relevant "Smart Hub Rental Terms and Conditions" (to be provided separately), which may include requirements for the Client to pay a refundable deposit, to properly care for the rented hub, and to return the hub in good condition upon termination of the subscription plan for any reason. If the Client terminates their subscription plan for any reason during the subscription period and is eligible for a refund under Article 12.4 herein, MatterUs is entitled to deduct the then-current full retail price of such gifted or complimentary rented smart hub from any refund amount due to the Client.
12.4. General Terms for Subscription Plans:
Subscription Period and Fees: HomeProTech+ Subscription Plans are offered for fixed periods of twelve (12), twenty-four (24), or thirty-six (36) months. Subscription fees must be paid in full in advance at the commencement of the subscription period, or in accordance with such other payment methods and schedules as may be agreed in writing by both parties (if applicable). Payment terms for Commercial Tier plans will be stipulated in the individual service contract or quotation.
Renewal: A reasonable time (e.g., thirty (30) days) prior to the expiry of the Client's current subscription period, MatterUs will endeavor to notify the Client of the options for renewing their plan and the then-current fees and terms applicable to renewal. Unless the Client expressly notifies MatterUs in writing of their decision not to renew before the expiry of the current subscription period, their subscription plan may be automatically renewed for a fixed term equivalent to their most recent subscription period, at the terms and rates offered by MatterUs at that time.
Plan Upgrades and Downgrades: The Client may, at any time during their current subscription period, apply to MatterUs to upgrade their subscription plan to a higher tier. If the application is approved, the Client will be required to pay, on a pro-rata basis, the difference in fees between the upgraded plan and their original plan for the remainder of the subscription period. Downgrading of a subscription plan (i.e., switching to a lower tier plan) is generally only permissible upon renewal at the end of the current subscription period.
Cancellation and Refund Policy:
Refund Policy for Residential Subscription Plans: If a Client, after the commencement of a fixed subscription period and after having used or availed themselves of any services or benefits under that subscription plan, unilaterally requests to terminate the subscription prematurely and applies for a refund, MatterUs guarantees to refund seventy percent (70%) of the subscription fee corresponding to the remaining unexpired full calendar year(s) of the total subscription fee paid by the Client. For example: if a Client subscribes to a three (3)-year plan on March 1st of a given year and applies for cancellation and refund on April 1st of the following calendar year (i.e., after completing more than one full calendar year but less than two full calendar years), MatterUs will calculate the subscription fee corresponding to their third full calendar year and refund seventy percent (70%) of that third year's annual fee. Any remaining subscription period of less than one full calendar year will not be eligible for any pro-rata refund.
Deduction for Gifted/Rented Smart Hubs, etc.: Prior to calculating any refund amount under the preceding Article 12.4, MatterUs shall first deduct from such calculated refundable amount the then-current full retail price of any smart hub (Hub) or other hardware device that was gifted or provided on a complimentary rental basis to the Client as part of the subscription offer (e.g., MatterKit Hub at a reference retail price of HK$418, Zemismart Matter Hub at a reference retail price of HK$548, or other relevant device designated by Us in writing at the time of subscription with a value not exceeding HK$800). The Client is responsible for returning any rented equipment as required by Us upon termination of the subscription.
Treatment of Shopping Cashback: Any shopping cashback (e.g., cashback on the purchase of new smart devices) included in the Client's subscription plan is originally intended to be disbursed to the Client in a lump sum cash or other mutually agreed manner upon the satisfactory completion of their entire subscription period. If the Client cancels their subscription prematurely during the subscription period and applies for a refund under these terms, then all accumulated but not yet disbursed shopping cashback amounts shall be immediately deemed forfeited in full, and the Client shall no longer be entitled to such cashback. Furthermore, if any shopping cashback value has already been utilized or redeemed by the Client in advance through discounts or other forms, MatterUs reserves the right to deduct the value of such utilized cashback from any refund due, or to separately claim such amount from the Client if the refund is insufficient to cover it.
Cancellation and Refund for Commercial Tier Plans: The cancellation and any associated refund policy for Commercial Tier subscription plans shall be governed exclusively by the terms expressly stipulated in the individual service contract or written quotation for that Commercial Tier plan agreed between MatterUs and the Client.
Subscription Period: The subscription period for all HomeProTech+ Subscription Plans is the fixed term of twelve (12), twenty-four (24), or thirty-six (36) months selected by the Client at the time of subscription.
Applicability of Offers and Discounts: Any offers, discounts, or benefits provided under these Subscription Plans are applicable only to eligible services and products directly sold or provided by MatterUs and, unless expressly stated otherwise in writing by MatterUs, cannot be used in conjunction with any other promotional offers, discount coupons, or special prices offered by MatterUs or any third party.
Right to Amend Terms: MatterUs reserves the right, at any time and at its sole discretion, to modify any terms, service content, features, limitations, and pricing of these Subscription Plans due to business operations, market conditions, changes in laws and regulations, or other reasonable needs. If such modifications are made, MatterUs will use commercially reasonable efforts to notify all then-current affected subscribing Clients of the details of the modifications at least sixty (60) calendar days prior to the effective date of such modifications, by means such as email, notifications within the Client's account system, or by posting an announcement on the MatterUs official website. If the Client does not agree to such modifications, their sole remedy is to choose not to renew their subscription plan or (if applicable) to terminate their existing subscription in accordance with the procedures set forth in this Agreement or the relevant notification, before the modifications take effect. If the Client continues to use any services or benefits under their subscription plan after the effective date of the modifications, they will be deemed to have fully understood, accepted, and agreed to be legally bound by such amended terms.
Exclusivity, Non-Transferability, and Usage Restrictions of Services: All content of HomeProTech+ Subscription Plans, the Services provided thereunder, and any associated usage rights are exclusively for the use of the registered Client (if an individual) or the registered business entity (if a commercial client) at their registered service address (if applicable) for their own legitimate and reasonable purposes. Without the prior express written consent of MatterUs, the Client shall not, in any manner (including but not limited to selling, reselling, sublicensing, renting, lending, assigning, gifting, or as part of any other commercial or non-commercial arrangement), provide, transfer, or share their subscription eligibility, any service benefits, login credentials, or any proprietary information or materials obtained from the Services, with any third party (including the Client's affiliates or related companies, unless otherwise agreed in writing).
Handling of Non-Compliant Conduct: If MatterUs has reasonable grounds to believe that the Client has breached or is breaching any of their obligations or restrictions under these Subscription Plan terms (including but not limited to the aforementioned exclusivity and non-transferability provisions, the Fair Usage Policy, or providing false information to obtain Services), MatterUs is entitled to first issue a written warning notice to the Client, clearly identifying the alleged non-compliant conduct and requesting the Client to immediately cease such conduct and rectify the situation (if applicable) within a specified reasonable period. If the Client fails to make satisfactory rectification within the specified period after receiving such written warning, or if the same or similar non-compliant conduct reoccurs after rectification, MatterUs shall then have the right, without prejudice to any of its other legal rights, to immediately suspend or permanently terminate, by written notice, the provision of all or part of the Services under the Client's subscription plan. In such circumstances, MatterUs may treat this as an immediate cancellation of the subscription by the Client and will process any potential refund in accordance with the standards most favorable to the Client under the "Cancellation and Refund Policy" in Article 12.4 herein (if applicable), provided however that MatterUs shall be entitled to deduct from any refund the value of services already consumed or incurred due to the Client's non-compliant conduct, any additional administrative costs incurred, or any losses suffered by MatterUs.
Handling of Severe Non-Compliant Conduct: If the Client's non-compliant conduct is reasonably determined by MatterUs to be of a severe nature, such as (but not limited to) involving any form of fraudulent activity (e.g., using stolen payment methods to subscribe to Services), identity theft or unauthorized use of another's account information, unauthorized resale of MatterUs's Services or products for commercial profit, intentional damage to or abuse of equipment or systems provided by MatterUs, or posing any actual or potential significant harm or threat to MatterUs's computer systems, network security, intellectual property rights, business reputation, or employee well-being, then MatterUs shall have the right, without needing to issue any prior warning, to immediately and permanently terminate, by written notice, all Services and subscription plans provided to that Client. In such cases of severe non-compliance, the Client shall not be entitled to any form of refund or compensation. Furthermore, MatterUs reserves all rights to pursue full legal recourse against the relevant Client for all losses, damages, and expenses (including but not limited to legal costs) suffered by Us as a result of such severe non-compliant conduct.
Protection of Intellectual Property Rights (Especially Regarding "MatterKit™ Integration Code"): The Client acknowledges and agrees that the "MatterKit™ Integration Code" and its associated operational methods, system design, data structures, encoding techniques, and all related software and documentation (collectively "MatterKit Technology") are patents, copyrights, trade secrets, and/or other forms of intellectual property that MatterUs has filed for, is in the process of applying for, or legally owns. The Client is granted only a limited, non-exclusive, non-sublicensable, and non-transferable license to use this "MatterKit™ Integration Service" for their personal (non-commercial) or internal business (if applicable to Commercial Tier plans) purposes, strictly in accordance with this Agreement and relevant subscription terms, for the duration of their subscription plan. No person or entity (including the Client) shall (nor attempt to or assist any third party to): (a) copy, modify, adapt, translate, or create derivative works based on the MatterKit Technology; (b) reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code, underlying ideas, algorithmic structure, or organization of any part of the MatterKit Technology; (c) use the MatterKit Technology or any part thereof for any commercial service, product development, or other profit-making or non-profit purpose not expressly authorized in writing by MatterUs in advance. MatterUs has entered into certain cooperation and confidentiality agreements with various third-party technology partners, including Apple Inc., and is obligated to strictly comply with and protect the terms of such agreements and the intellectual property rights of all parties involved therein. Any unauthorized use, copying, disclosure, or other infringement of the intellectual property rights related to the "MatterKit™ Integration Code" or MatterKit Technology may violate relevant laws and regulations in Hong Kong and other applicable jurisdictions, as well as bilateral or multilateral agreements. MatterUs will rigorously pursue all necessary legal actions against such infringing acts and claim all related damages from the infringing party.
Applicability of Fair Usage Policy: All service content and any associated usage rights included in HomeProTech+ Subscription Plans are subject to MatterUs's "Fair Usage Policy" as formulated and published from time to time. This policy aims to ensure that all subscribing Clients can enjoy service resources on a fair and reasonable basis and to prevent abuse of services by any individual or entity. The Client undertakes to use all devices, software, and support services provided by MatterUs in a reasonable, feasible, and conventional manner consistent with the intended purpose of the Services and generally accepted social norms. Any conduct that MatterUs reasonably judges to constitute malicious use (e.g., intentionally creating problems to frequently claim support), improper use (e.g., deliberately damaging provided equipment to attempt to trigger protection clauses, exploiting potential loopholes in systems or service processes for unintended benefits, etc.), excessive or disproportionate consumption of support resources (far exceeding the average level of users of similar plans without reasonable explanation), or repetitive damage to the same device or system component without reasonable explanation or without adopting Our recommended preventive measures, MatterUs shall have the right, after internal assessment, to first communicate with the Client and request rectification. If the situation does not improve or is severe, MatterUs reserves the discretionary right to refuse to provide further assistance or service for that specific improper use, and even, in extreme cases, to consider suspending or terminating the Client's subscription plan in accordance with the "Handling of Non-Compliant Conduct" and "Handling of Severe Non-Compliant Conduct" clauses in this Agreement.
Dispute Resolution Mechanism ("Mediate First" Pledge): MatterUs has formally signed and undertakes to abide by the "Mediate First" Pledge promoted by the Hong Kong Mediation Accreditation Association Limited (HKMAAL). Accordingly, We encourage and agree that in the event of any dispute, disagreement, or claim (collectively "Dispute") arising between MatterUs and any Client in connection with this Agreement, any subscription plan, or the Services provided, both parties shall first endeavor to resolve such Dispute through sincere and amicable negotiation. If such negotiation fails to achieve a mutually acceptable resolution within a reasonable time (e.g., within thirty (30) days from one party's written request for negotiation), then, before either party submits the Dispute to any court or arbitral body for litigation or arbitration, both parties agree that they shall first attempt to submit the Dispute to an independent and qualified mediator jointly appointed by mutual agreement or, if no agreement can be reached, appointed with the assistance of HKMAAL in accordance with its rules, for mediation in accordance with HKMAAL's mediation rules. This "Mediate First" clause does not prejudice the right of either party to seek urgent interim legal relief where necessary to protect its own vital interests (e.g., to prevent immediate significant loss, to apply for an injunction, etc.). However, MatterUs firmly believes that mediation usually offers a more efficient, cost-effective, and harmonious means of dispute resolution for both parties. Unless otherwise agreed, the costs of mediation shall normally be borne equally by both parties.
Interpretation of Terms and Client Support: If the Client has any lack of clarity regarding this Service Level Agreement, the terms of any HomeProTech+ Subscription Plan, or any other service charters or policy documents provided by MatterUs, or believes they require further explanation or non-legal support in understanding the relevant content, MatterUs is pleased to offer assistance. The Client is requested to contact Our Customer Service Department via the official email address (cs@matterus.it.com) listed in Article 3, Section 3.3.1 of this Agreement, and We will, within reasonable limits, endeavor to provide necessary explanations and guidance. The Client understands and agrees that any such interpretation or guidance provided by the Customer Service Department is for the Client's assistance in understanding only and does not constitute legal advice in any form. If the Client requires formal legal advice regarding this Agreement or any of their rights and obligations hereunder, they should consult their own professional legal advisor.
Acknowledgement
By agree on this document, the Client as signatory herein acknowledges having been provided with the opportunity to review all terms and conditions of this MatterUs Service Level Agreement (Version 2.2, Last Revised Date: 16 May 2025), and further acknowledges that:
(a) The Client has carefully read and fully understands all content of this Agreement;
(b) The Client agrees to be legally bound by all terms and conditions of this Agreement;
(c) If the Client has opted to subscribe to any HomeProTech+ Subscription Plan, the Client also concurrently confirms having read, understood, and agreed to be legally bound by the relevant terms of that specific subscription plan (including but not limited to Article 12 and all its sub-clauses herein).
This Agreement forms part of the entire agreement between MatterUs and the Client regarding the provision of Services.
MatterUs Company Limited
2214 Mira Place Tower A
132 Nathan Road, Tsim Sha Tsui
Kowloon, Hong Kong
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