Last Updated: [ July ], 2017
This Privacy Statement explains how EZVIZ Inc. ( “EZVIZ”) as data controller handles your personal information we collect when you use our EZVIZ Services over the Internet and mobile applications, including www.ezvizlife.com (collectively, the “EZVIZ Services”). This Privacy Statement also applies to any personal data we collect from the operation and use of products we sell while connected to the EZVIZ Services (the “Products), and any other EZVIZ Services that link to this Privacy Statement.
Please review this Privacy Statement carefully. By clicking a box indicating your acceptance, you are agreeing to the Privacy Statement and the Terms of Service. Once Privacy Statement and the Terms of Service were accepted by you, you may use the EZVIZ Services and/or create an online account for the EZVIZ Services (“Account”). If you do not agree with these practices, please do not use the EZVIZ Service, or otherwise provide us with your personal information.
We may modify this Privacy Statement at any time, provided certain provisions of this Privacy Statement prove to be incomplete or outdated and further provided that these changes are reasonable for you, taking into account your interests. If we make any changes to this Privacy Statement, we will notify you by the email address specified in your account or by means of notice on the Website of any such changes which will become effective upon 30 days from the date of notification. If you do not want to accept such changes, you need to terminate your Account within such 30 day period. If you do not terminate your Account, this will indicate your acknowledgment and agreement to be bound by the revised Privacy Statement. In our notification about modifications, we will specifically point to such 30 days period and its impact.
You can determine when this Privacy Statement was last revised by referring to the date it was “Last Updated” above.
1. Collection of Information
When you interact with us and our EZVIZ Services, including through a connected Product, EZVIZ will collect information about you, including “personal information” and “non-identifying information.”
“Personal information” shall have the same meaning as “personal data” and shall mean any information relating to an identified or identifiable natural person (‘data subject’); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity. Examples of personal information include your name, telephone number, email address, physical address, and payment information.
“Non-identifying information” means information that alone cannot directly identify you, such as product serial numbers, log data that automatically records information about your visit, such as your browser type, domains, page views, the URL of the page that referred you, the URL of the page you next visit, your IP address, and page navigation, unique device ID collected from Products and your mobile devices, data from cookies, pixel tags, and web beacons, video content files that do not contain personal visual identity information, the country and time zone of the connected Product, geo-location, mobile phone carrier identification, and device software platform and firmware information.
2. How We Collect Your Information
EZVIZ collects personal information about you through the EZVIZ Services in several ways.
EZVIZ collects non-identifying information through the EZVIZ Services in several ways.
We may also engage one or more third party service providers to serve online advertisements on our behalf via EZVIZ Services. They may use a pixel tag or other similar technology to collect anonymous information about your visits to sites, and they may use that information to target advertisements for our Products and EZVIZ Services. This information is collected anonymously, in a manner that does not personally identify you. For more information regarding this practice and to opt-out of such collection and use of this information by our third party service providers, please see Networkadvertising.org.
This Privacy Statement does not apply to the collection of information in any way other than as listed above.
3. Your Choices
We think that you benefit from a more personalized experience when we know more about you and your preferences. However, you can limit the information you provide to EZVIZ as well as the communications you receive from EZVIZ through your Account preferences.
You may choose not to receive commercial e-mails from us by following the instructions contained in any of the commercial e-mails we send or by logging into your Account and adjusting your e-mail preferences. Please note that even if you unsubscribe from commercial email messages, we may still e-mail you non-commercial e-mails related to your Account and your transactions on the EZVIZ Services.
Cookies and Tracking
You can opt-out of being targeted by certain Third-Party Ad-Servers and EZVIZ served ads online using the National Advertising Initiative’s Opt-Out Tool, the About Ads Opt-Out Tool, or on TRUSTe’s site.
You may manage how your mobile device and mobile browser share certain device data with EZVIZ by adjusting the privacy and security settings on your mobile device. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.
4. How EZVIZ Uses Information
In order to provide a better user experience, we, or our vendors on our behalf, use information collected as described in this Privacy Statement to:
Assuming that you have granted prior express consent or if sending those e-mails is otherwise permitted, in accordance with applicable laws, on an opt-out basis, EZVIZ may contact you by sending electronic communications in order to inform you about new products and services, unless you choose to unsubscribe.
We also may use information collected as described in this Privacy Statement with your consent or as otherwise required or permitted by law.
5. How We Share Your Information
You may understand that EZVIZ may disclose personal information to cloud service provider, network service provider and other service providers with non-disclosure agreement.
The following are the limited situations where we may share personal information:
We may also disclose non-identifiable information (for example, aggregated or anonymized data) publicly or with third-parties, provided those data have been rendered anonymous in such a way that the data subject is no longer identifiable. For example, we may share non-identifiable information:
6. Securing Your Personal Information
EZVIZ has implemented commercially reasonable administrative, technical, and physical security controls that are designed to safeguard personal information. We also conduct periodic reviews and assessments of the effectiveness of our security controls.
Notwithstanding the above, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, EZVIZ cannot guarantee that your personal information is under absolute security with the existing security technology. If you have any questions about the security of our EZVIZ Services, you can contact us by email at [ firstname.lastname@example.org ].
7. Accessing, Correcting and Retention Your Personal Information
EZVIZ generally stores your personal information on EZVIZ’s servers which is established upon Amazon Servers until you delete or edit it, or for as long as you remain a EZVIZ customer in order to provide you with the most relevant offers.
Keeping your personal information current helps ensure that we provide you with the most relevant offers. You can access, update or delete your personal information via your Account profile. While we are ready to assist you in managing your subscriptions, deactivating your account, and removing your active profile and data, we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to previous purchases through our EZVIZ Services for financial reporting and compliance reasons. In addition, because of the way we maintain certain services, after you delete certain information, we may temporarily retain backup copies of such information before it is permanently deleted.
We will retain your personal information for the period necessary to fulfill the purpose outlined in this Privacy Statement unless a longer retention period is required or permitted by applicable law.
8. Social Community Features and Social Networks
Social Community Features
Our EZVIZ Services may allow you to publicly post or share information, communicate with others, or otherwise make information accessible to others. Prior to doing so, please read our Terms of Service carefully. All the information you post, share, or communicate may be accessible to anyone with Internet access, and any personal information you include may be read, collected, and used by others.
9. Children’s Privacy
EZVIZ does not intend that any portion of its EZVIZ Services will be accessed or used by children under the age of 18, or equivalent minimum age in the relevant jurisdiction and such use is prohibited. Our EZVIZ Services are designed and intended for adults. By using the EZVIZ Services, you represent that you are at least 18 years old, or above the equivalent minimum age in the relevant jurisdiction and understand that you must be at least 18 years old, or above the equivalent minimum age in the relevant jurisdiction in order to create an account and purchase the goods or services advertised through our EZVIZ Services. If we obtain actual knowledge that an account is associated with a registered user who is under the age of 18 years old, or equivalent minimum age in the relevant jurisdiction, we will promptly delete information associated with that account. If you are a parent or guardian of a child under the age of 18, or equivalent minimum age in the relevant jurisdiction and believe he or she has disclosed personally identifiable information to us please contact us by email at [ email@example.com ]. A parent or guardian of a child under the age of 18, or equivalent minimum age in the relevant jurisdiction may review and request deletion of such child’s personally identifiable information as well as prohibit the use thereof.
10. Global Operations
11. Contact Us
Please contact us if you have any questions or comments about our privacy practices or this Privacy Statement. You can always reach us by email at [ firstname.lastname@example.org ]. Please provide: (i) your name (or nickname) and preferred method of contact; and (ii) the details of your request or comment along with any corresponding website links.
Copyright@2016 EZVIZ Inc. ALL RIGHTS RESERVED.
TERMS OF SERVICE
Last updated: [ July ], 2017
EZVIZ, Inc. and its affiliates (collectively “EZVIZ”) provide online services over the Internet and mobile applications, including at www.ezvizlife.com (collectively, the “EZVIZ Services”). The EZVIZ Services are provided for use in conjunction with various EZVIZ Internet-connected devices (“Products”).
These Terms of Service (“Terms”) govern your access to and use of the EZVIZ Service, including through the Products. PLEASE READ THESE TERMS CAREFULLY. If you do not agree with these terms, do not register or use any EZVIZ Services.
You acknowledge and agree that the EZVIZ Services and Products are not certified for emergency response. EZVIZ makes no warranty or representation that use of the EZVIZ Services or Products with any third-party product or service will affect or increase any level of safety or security. The EZVIZ Services and Products are not a third-party monitored emergency notification system — EZVIZ will not dispatch emergency authorities to your home in the event of an emergency. All life threatening and emergency events should be directed to appropriate response services.
By clicking a box indicating your acceptance, you are agreeing to these Terms and our Privacy Statement. Once the Terms and the Privacy Statement were accepted by you, you may use the EZVIZ Services and/or create an online account for the EZVIZ Services (“Account”). You agree that when you click on any “I Agree” button when using the EZVIZ Services, you affirmatively consent to conduct business electronically with EZVIZ, and such processes have the same force and effect as your written signature. You agree and consent to EZVIZ sending you disclosures, messages, notices, and other communications, as necessary to provide the EZVIZ Services to you, to your designated mobile phone and email account.
EZVIZ reserves the right to make changes to these Terms, provided certain provisions of these Terms prove to be incomplete or outdated and further provided that these changes are reasonable for you, taking into account your interests. We will notify you through the EZVIZ Services or via email of any such modifications which will become effective upon 30 days from the date of notification. If you do not want to accept such modifications, you need to terminate your Account within such 30 day period. If you do not terminate your Account, this will indicate your acknowledgment and agreement to be bound by the revised Terms. In our notification about modifications, we will specifically point to such 30 days period and its impact.
These Terms govern your use of EZVIZ Service. If you purchase any Product from an authorized distributor, in addition to your warranty rights against the distributor (which are exclusively governed by your contractual relationship with such distributor) you may benefit from the limited warranty provided with that Product.
You are prohibited from registering a Product for use with the EZVIZ Service or from using the EZVIZ Service unless you are 18 years of age or older, or above the age of equivalent minimum age in the relevant jurisdiction. You may not use the EZVIZ Service where prohibited by applicable law. If you are not 18 years of age or older, or under equivalent minimum age in the relevant jurisdiction, you must have your parent or legal guardian register a Product or create an Account to use the EZVIZ Service. Please contact us by email at [ email@example.com ] if you believe your child has provided us with personal information in connection with the EZVIZ Services.
To use your Product via EZVIZ Services, you are required to create an Account. You represent and warrant that: (i) all required registration information you submit is truthful, accurate and complete; (ii) you will maintain the accuracy, security, and confidentiality of such information; and (iii) your use of the EZVIZ Service does not violate any applicable law or regulation. You have no right to transfer your Account to any other individuals in any manner. EZVIZ is not liable for any loss or damages arising from your failure to maintain the confidentiality of your Account.
Use of certain Products or discrete functionality may require Internet access and registration to the EZVIZ Services. You must have the necessary hardware, software, and Internet access needed to register and use the Product with the EZVIZ Services. EZVIZ Services will not be accessible without: (i) a working Wi-Fi network that is positioned to communicate reliably with our Products; (ii) a mobile device with Android OS or Apple iOS to pair the Products with its nearby Wi-Fi network; (iii) an Account; (iv) always-on broadband Internet access; and (v) other system elements that may be specified by EZVIZ in connection with specific Products. In addition, you acknowledge that EZVIZ may activate Bluetooth or Wi-Fi services on your device, with prior notification, in order to facilitate proper registration of the Product, and connectivity and registration to the EZVIZ Service.
EZVIZ may change, upgrade, discontinue, or temporarily suspend any feature or component of the EZVIZ Service at any time without notice. EZVIZ cannot guarantee and makes no warranties that any software updates can be implemented on any Product or that changes to the EZVIZ Service will operate as intended.You acknowledge that you may be required to install software updates to use the EZVIZ Services with your Product, and you agree to promptly install such updates we provide. You are solely liable for any losses arising from a failure to timely implement such updates.
These Terms will remain in full force and effect as long as you continue to access or use the EZVIZ Services. If you transfer an EZVIZ Product to a new owner, your right to use the EZVIZ Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or EZVIZ Services under your Account. Upon termination of your Account, your right to use the EZVIZ Services will automatically terminate and we may delete Your Content and other information related to your Account at the end of your subscription period. You may terminate your Account at any time by e mailing us at [ firstname.lastname@example.org ].
Subject to your compliance with these Terms, EZVIZ grants you a revocable, limited, non-exclusive, non-transferable, non-sub-licensable right to install and use (a) our mobile applications that we make available from time to time (“Mobile Apps”), and (b) any embedded firmware in the Product and updates (“Other Software”), in each case solely in connection with your personal, non-commercial use of the Product and the EZVIZ Services. You may only use the Mobile Apps on devices that you own, lease, or otherwise control. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by EZVIZ or its licensors.
Unless as expressly permitted in these Terms, you agree not to, and you will not permit others to, (i) license, sublicense, assign, convey or transfer, the rights granted hereunder; (ii) publish, display, disclose, sell, rent, lease, store, loan, distribute, transmit, publicly display or perform, co-brand, frame, host, outsource, or otherwise commercially exploit the EZVIZ Services, including the Mobile Apps and Other Software (collectively, the “Software”), (iii) copy or reproduce the EZVIZ Services or Software or any part thereof, in any form; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or EZVIZ Services; (v) use the Software and EZVIZ Services in any fashion that may infringe any patent, copyright, trademark, trade secret, or any other intellectual property or proprietary right of EZVIZ, its third-party providers, or any other third-party; (vi) modify, translate, adapt, disassemble, reverse engineer, decompile, reverse compile, or create compilations or derivative works of, the Software, EZVIZ Services, or any part thereof (except to the extent applicable laws specifically prohibit such restriction), or (vii) use the Software or EZVIZ Services for any service bureau, time-sharing, resale or similar purposes.EZVIZ reserves all rights in and to the Software not expressly granted to you under these Terms.
Certain items of software included with the Products are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. Each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, EZVIZ makes such Open Source Software, and EZVIZ modifications to that Open Source Software, available by written request to EZVIZ at [ email@example.com ]. By downloading/requesting the source code to any of the Open Source Software (“Source Code“), you agree to the following:
EZVIZ PROVIDES THE SOURCE CODE TO YOU ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOURCE CODE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EZVIZ AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EZVIZ AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SOURCE CODE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
You may access and use the EZVIZ Services solely for the purposes of (a) operating, managing, monitoring, and maintaining the Products, (b) viewing, sharing, and storing video, audio, and other content captured and transmitted by the Products to the EZVIZ Services, and (c) to subscribe to EZVIZ Services, manage your Account and preferences, and maintain your registration data.
When using the EZVIZ Service, you shall not:
You may elect to display, share, email, or otherwise make available (collectively, “Submit”) text, graphics, photographs, video, images, audio, and other works of authorship via the Product or directly into the EZVIZ Services, including for storage and sharing with third parties online (“Your Content”). When you post Your Content in publicly accessible sections of the EZVIZ Services or third party social networking sites via the EZVIZ Services, such content will be accessible and viewed by others. You are solely responsible for Your Content submitted through the EZVIZ Service, and EZVIZ will not be liable for any errors or omissions in Your Content.
EZVIZ may also make available on the EZVIZ Services text, graphics, photographs, video, images, illustrations, audio, music, commentary, and other works of authorship it owns or from other users of the EZVIZ Services (“EZVIZ Content”). EZVIZ Content, along with the EZVIZ Services and its underlying technology, are protected by copyright, trademark, patent, intellectual property, and other laws of relevant jurisdiction and other countries. You may access and view EZVIZ Content solely for personal use and consumption, and are prohibited from copying, selling, renting, distributing (including through digital distribution), publicly performing (including through digital performance), marketing, making derivative works, or otherwise exploiting such EZVIZ Content without EZVIZ’s prior written consent.
EZVIZ makes no endorsement, representation or warranty of any kind about Your Content or EZVIZ Content, or any information, services or recommendations accessed through the EZVIZ Services. Our responsibility for EZVIZ Content and any information, services or recommendations accessed through the EZVIZ Services shall be limited to the same extent as applicable to defects in the EZVIZ Services and shall be limited in accordance with the “Limitations on Liability” section below. We are not responsible for the fitness for a particular purpose, accuracy, completeness, correctness, reliability, effectiveness, or correct use of information you receive through the EZVIZ Services.
You agree that all Your Content and EZVIZ Content accessed by you using the EZVIZ Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You hereby release us from all liability for you having acquired or not acquired Your Content or EZVIZ Content through the EZVIZ Service.
By making Your Content available on or through the EZVIZ Services – and subject to your privacy settings in the EZVIZ Services, by which you can control how to share Your Content – you grant to EZVIZ a non-exclusive, transferable, sub-licensable, worldwide, royalty-free right and license to use, copy, modify, publicly display, publicly perform and distribute Your Content in connection with operating and providing the EZVIZ Service to you. We also have the right to reformat, creative derivative works of, excerpt, translate, modify, or otherwise change any of Your Content for storage and viewing via the EZVIZ Services. When you post or share Your Content for public viewing, you grant EZVIZ the right and license – as far as required for the provision of the EZVIZ Services – to copy, distribute, license, market, perform, display, distribute, exploit, and create derivative works of Your Content without any compensation to you, in any medium or via any channel now known or later discovered. Such licenses and rights shall be sub-licensable and shall terminate automatically, once you terminate your Account or delete Your Content, unless you have shared Your Content with others and they have not deleted Your Content. In this latter case, the licenses and rights shall be perpetual and irrevocable.
You represent and warrant that you own Your Content or that you have all rights necessary to Submit Your Content in the manner in which you choose and to grant us a license to use Your Content as described in these Terms.
You warrant, represent, and agree that Your Content and the use and provision of Your Content on the EZVIZ Services as provided in these Terms will not: (i) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy, or other rights; (ii) violate, or encourage any conduct that would violate, any applicable law, statute, regulation, or ordinance, or would give rise to civil liability; (iii) be fraudulent, false, misleading, deceptive, defamatory, tortuous, obscene, harmful, pornographic, vulgar, offensive, or otherwise objectionable; (iv) promote discrimination, racism, hatred, harassment or harm against any individual or group; (v) be violent, threatening, abusive, or promote violence or actions that are threatening or abusive to any person or entity; or (vi) promote illegal or harmful activities or substances.
Unless otherwise stipulated, you grant to EZVIZ a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the EZVIZ Services any comments, suggestions, feedback, or ideas Submitted by you about the EZVIZ Service and we may access, copy, modify, redistribute, publish or otherwise use them for any purpose and in any way in connection with the provision of the EZVIZ Services without due compensation to you. EZVIZ does not waive any right to use similar ideas previously known to us or developed by us.
When you are required to activate a Product that includes online data storage, you will automatically receive a 30 day online data storage services for Your Content free of charge. After the 30 day period, you can elect to subscribe to online storage services for Your Content and add paid features to your Account. When you enroll for data storage services, we will automatically renew your subscription at the end of the applicable subscription period for a corresponding term. In other words, we will automatically bill you from the date you subscribed to the online data storage services, and on each periodic renewal until cancellation. You are responsible for all applicable taxes, and we will charge tax when required to do so.
Please note that your subscription will remain in effect until it’s terminated under these Terms. You may terminate your subscription at any time but you won’t be issued a refund for the relevant subscription period unless you terminate your subscription for cause in accordance with the following provisions: (i) Either party may terminate these Terms and any subscriptions hereunder for cause upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period; (ii) It’s legally required in relevant jurisdiction.
If any payment of a renewal charge is not received by EZVIZ prior to the beginning of any renewal term (e.g. because you remove a registered payment card or because a renewal charge is rejected by your financial institution), your subscription will automatically be terminated at the end of the foregoing subscription period.
We may change the fees with effect from the next renewal period, but will give you advance notice of  days to the end of the foregoing subscription term of these changes via a message to the email address associated with your Account.
The EZVIZ Services is intended to be accessed and used for non-time-critical information and control of Products. While we strive for the EZVIZ Services to be highly reliable and available, it is not intended to be reliable or available 100% of the time. The EZVIZ Services are subject to sporadic interruptions and failures for a variety of reasons beyond our reasonable control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that EZVIZ is not responsible for any damages allegedly caused by the failure or delay of the EZVIZ Services to reflect current status of the Product, notifications, or timing of Your Content.
The EZVIZ Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, updates, adjustments, or other circumstances. You acknowledge and agree that you will not be entitled to any refund or rebate for any such suspension. EZVIZ does not offer any specific uptime guarantee for the EZVIZ Services. EZVIZ is not liable for any losses arising from a suspension of the EZVIZ Services.
All information concerning the EZVIZ Service and use of the Product with the EZVIZ Service is provided “as is” and “as available”. EZVIZ does not guarantee that this information is correct or up to date. Accessing the information through the EZVIZ Service is not a substitute for direct access to the information in or on the Product itself.
Although EZVIZ cares about the security, integrity, and availability of Your Content and personal information, we cannot guarantee the security of your personal information. You acknowledge that you provide Your Content and your personal information at your own risk.
The EZVIZ Services rely on certain third party products and services. For example, some aspects of the EZVIZ Services – such as data storage, synchronization, and communication – are enabled by Amazon Web Services. As another example, we rely on mobile operating system vendors and mobile carriers to enable mobile device notifications through the EZVIZ Services. These third party products and services are beyond our control, and their operation may not operate in a reliable manner or be available 100% of the time. eZVIZ is not responsible for any damages and losses due to the operation of these third party products and services.
You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party web services from which you download the Mobile Apps – for example, the Android app market from Google or the App Store from Apple (each an “App Store”). You acknowledge that these Terms are between you and EZVIZ exclusively and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from that App Store. You agree to comply with, and your license to use the Mobile Apps, is conditioned upon your compliance and agreement with such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply with respect to your contractual relationship with EZVIZ.
EZVIZ is not responsible for third parties – which were not engaged by EZVIZ to support in connection with the rendering of the EZVIZ Services – or their products and services, including, without limitation, any third party products and services that may be used in connection with the EZVIZ Services, equipment, ISPs, carriers, the App Stores, Third Party Sites, and Referred Vendors.
You agree to defend, indemnify, and hold EZVIZ, its directors, officers, employees, shareholders, affiliates, contractors, agents, licensors, and suppliers harmless from any damages, liabilities, claims, demands, losses, or expenses, including attorneys’ fees, made by any third party due to or arising out of or in connection with (i) your use of the EZVIZ Services and Products which constitutes a culpable (negligent or willful) violation of these Terms and any other information issued by EZVIZ; (ii) your culpable violation of these Terms; (iii) Your Content (to the extent it causes a culpable infringement), and (iv) your culpable violation of any law or the rights of any third party. EZVIZ will use reasonable efforts tonotify you of any such claim, action or proceeding without undue delay upon becoming aware of it.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE eZVIZ SERVICE (I.E. THE WEBSITE, THE MOBILE APPS, SUBSCRIPTION SERVICES, AND SOFTWARE) ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE” WITH ALL FAULTS AND ERRORS, AND eZVIZ AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AVAILABILITY, DATA SECURITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
eZVIZ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SOFTWARE OR SERVICE ADVERTISED OR PROVIDED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE eZVIZ SERVICE (INCLUDING, BUT NOT LIMITED TO, CLOUD SERVICES) OR ANY HYPERLINKED WEBSITE OR SERVICE.
eZVIZ MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND eZVIZ WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE eZVIZ SERVICES. eZVIZ MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE eZVIZ SERVICE.
YOU ACKNOWLEDGE THAT THE USE OF THE eZVIZ SERVICE SHALL BE CONNECTED WITH THE INTERNET, AND USE SHALL BE WHOLLY AT YOUR OWN RISK. eZVIZ DOES NOT REPRESENT OR GUARANTEE THAT THE eZVIZ SERVICE WILL BE FREE FROM LOSS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND eZVIZ DISCLAIMS ANY LIABILITY RELATING THERETO.
SURVEILLANCE, DATA PROTECTION, AND PRIVACY LAWS VARY BY JURISDICTION AND MAY IMPOSE CERTAIN RESPONSIBILITIES ON YOUR USE OF THE eZVIZ SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOU (AND NOT eZVIZ) WILL BE RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH APPLICABLE LAWS WHERE YOU LIVE AND THAT eZVIZ SHALL NOT BE LIABLE IN THE EVENT THAT THE eZVIZ SERVICE IS USED FOR ILLEGAL PURPOSES, INCLUDING, WITHOUT LIMITATION: NON-CIVIL USE; RECORDING OR SHARING VIDEO OR AUDIO CONTENT THAT IS NOT IN CONFORMANCE WITH APPLICABLE LAW; FAILURE TO COMPLY WITH NOTICE AND CONSENT LAWS; INFRINGEMENT OF THIRD PARTY RIGHTS; USE IN CONNECTION WITH MEDICAL TREATMENT, OR OTHER SITUATIONS WHERE THE eZVIZ SERVICE FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL eZVIZ, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA OR CONTENT, DOCUMENTATION, OR PROFITS, SERVICE INTERRUPTION, COMPUTER DAMAGE, COST OF SUBSTITUTE SERVICES, INABILITY TO USE THE eZVIZ SERVICE, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY THE eZVIZ SERVICE OR BY FAILURES OF THE eZVIZ SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT eZVIZ KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL eZVIZ’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE eZVIZ SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE FEES ACTUALLY PAID BY YOU TO eZVIZ OR eZVIZ’S AUTHORIZED RESELLER FOR THE eZVIZ SERVICE IN THE PRIOR 6 MONTHS (IF ANY) IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. eZVIZ DISCLAIMS ALL LIABILITY OF ANY KIND OF eZVIZ’S LICENSORS AND SUPPLIERS.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN eZVIZ AND YOU.
This Agreement, and any disputes arising out of or related hereto, will be governed exclusively by the laws of People’s Republic of China, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
If a dispute arises between you and EZVIZ, our goal is to learn about and address your concerns. You agree that you will notify EZVIZ about any dispute you have with EZVIZ regarding these Terms or our Products or Services by contacting EZVIZ by e-mail at [ firstname.lastname@example.org ]. We’ll try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 90 (ninety) days after submission, you or EZVIZ may bring a formal proceeding.
You agree all disputes arising out of or relating, in any way, to these Terms or any of the EZVIZ Services, on an individual and purely bilateral, non-class/non-representative bases, shall be resolved by means of arbitration and shall be submitted exclusively to the China International Economic and Trade Arbitration Commission (“CIETAC”) in Beijing in accordance with CIETAC rules. Any dispute arising out of or related to your use of the EZVIZ Service must be filed within one (1) year after the occurrence of the event or facts giving rise to a dispute, or you waive the right to pursue any dispute based upon such event or facts forever.
These Terms constitute the entire and exclusive understanding between you and EZVIZ with respect to the use of the EZVIZ Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between EZVIZ and you regarding the EZVIZ Services. EZVIZ’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms. If a court or tribunal should find that one or more rights or provisions set forth in these Terms are invalid, you agree that the remainder of the Terms will remain in full force and effect.
You may not assign or transfer these Terms and any associated rights or obligations, by operation of law, without EZVIZ’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. EZVIZ may freely assign or transfer these Terms without restriction.
Should you have any questions, please contact us immediately at [ email@example.com ].
Copyright © 2016 EZVIZ Inc. All Rights Reserved. All trademarks, service marks, and logos (“Marks”) displayed on the EZVIZ Services are the property of EZVIZ or of their respective holders. You are forbidden from using any of the Marks without the prior written consent of EZVIZ or such respective holders.
Thank you for purchasing EZVIZ Inc. (“EZVIZ”) products. This limited warranty (“warranty”) gives you specific legal rights, and you may also have other rights which vary from state to state. This warranty applies only to the original purchaser of the product. The disclaimers, exclusions, and limitations of liability under this limited warranty will not apply to the extent prohibited by applicable law.
No distributor, reseller, agent, or employee is authorized to make any modification, extension, or additions to this limited warranty.
Your EZVIZ product is warranted for a period of two (2) year from the date of purchase against defects in materials and workmanship, or such longer periods as may be required by law in the state where this product is sold, when used normally in accordance with EZVIZ’s user manual.
You can request warranty service by emailing us at [ firstname.lastname@example.org ].
For any defective EZVIZ products under warranty, EZVIZ will, at its option, (i) repair or replace your product free of charge; (ii) exchange your product with a functional equivalent product; At EZVIZ’s sole discretion, repair or replacement may be made with a new or refurbished product or components. This warranty does not cover the shipping cost, insurance, or any other incidental charges incurred by you in returning the product.
Except where prohibited by applicable law, this is your sole and exclusive remedy for breach of this limited warranty. Any product that has either been repaired or replaced under this warranty will be covered by the terms of this warranty for the longer of ninety (90) days from the date of delivery or the remaining original warranty period.
This warranty does not apply and is void:
If the warranty claim is made outside the warranty period or if the proof of purchase is not provided.
For any malfunction, defect, or failure caused by or resulting from the evidence of impact; mishandling; tampering; use contrary to the applicable instruction manual; incorrect power line voltage; accident; loss; theft; fire, flood, or other Acts of God; shipping damage; or damage resulting from repairs performed by unauthorized personnel.
For any consumable parts, such as batteries, where the malfunction is due to the normal aging of the product.
Cosmetic damage, including but not limited to scratches, dents, and broken plastic on ports.
For any software, even if packaged or sold with EZVIZ hardware.
For any other damages free from defects in material or workmanship.
Routine cleaning, normal cosmetic, and mechanical wear and tear.
DISCLAIMER OF WARRANTIES
EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EZVIZ DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY, THE SECURITY OF THE PRODUCT, OR AVAILABILITY AND RELIABILITY OF PRODUCT INFORMATION OR DATA.
NOTE: Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
LIMITATION OF DAMAGES
IN NO EVENT WILL EZVIZ BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCT, AND EZVIZ’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY OR THE PRODUCT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER.
NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
ALL PRODUCT INFORMATION AND DATA IS PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE.” EZVIZ DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION AND DATA WILL BE AVAILABLE, ACCURATE, OR RELIABLE OR THAT PRODUCT INFORMATION AND DATA OR USE OF THE PRODUCT WILL PROVIDE SAFETY IN YOUR HOME. YOU USE ALL PRODUCT INFORMATION, DATA, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND EZVIZ DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY, HOME, PRODUCT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, DATA, OR PRODUCT. PRODUCT INFORMATION AND DATA PROVIDED BY EZVIZ IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT MEANS OF OBTAINING THE INFORMATION. FOR EXAMPLE, A NOTIFICATION PROVIDED THROUGH THE PRODUCT IS NOT INTENDED AS A SUBSTITUTE FOR AUDIBLE AND VISIBLE INDICATIONS IN THE HOME AND ON THE PRODUCT, NOR FOR A THIRD PARTY MONITORING SERVICE.
Please do not hesitate to contact us at [ email@example.com ]with any questions.