Terms of Service
Please read these Terms of Service (the “Agreement”) carefully. Your use of the Services (as defined below) constitutes your consent to this Agreement.
This Agreement is between you and Angarak, Inc. (“Camereye” or “we” or “us”) concerning your use of (including any access to) (1) the Camereye site currently located at https://camereye.ai/ (together with any materials and services available therein, and successor site(s) thereto, the “Site”), (2) software that may be downloaded to your smartphone or device to access services (the “App”), and (3) the Camereye’s subscription artificial intelligence monitoring services, including services that can be accessed using the App (the “AI Monitoring Services”), all for use in conjunction with Camereye and third-party hardware products (the “Equipment”) and in other ways that Camereye provides. The term “Services” means the Site, App, AI Monitoring Services and Equipment.
This Agreement hereby incorporates by this reference any additional terms and conditions posted by Camereye through the Services, or otherwise made available to you by Camereye.
By using the Services, you affirm that you are of legal age to enter into this Agreement.
If you are an individual accessing or using the Services on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual using the Services and to any such Organization.
This Agreement contains a mandatory arbitration provision that, as further set forth in Section 22 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.
1. Agreed Usage and Limitation of AI Monitoring Services.
No Life Safety, Critical or Emergency Response Uses. The AI Monitoring Services are intended to be accessed and used for information and control of the Equipment. You acknowledge and agree that the AI Monitoring Services and Equipment are strictly not certified for emergency response. Camereye makes no warranty or representation that use of the AI Monitoring Services and Equipment will affect or increase any level of safety.
We cannot and do not guarantee that you will receive notifications within any given time, or at all. YOU AGREE THAT YOU WILL NOT RELY ON THE MONITORING SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALARMS OF THE EQUIPMENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY-NOTIFICATION SYSTEM. There is no way for Camereye to provide specific information relating to a situation in your home or elsewhere. You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.
YOU UNDERSTAND THAT, THE MONITORING SERVICES, EQUIPMENT AND PRODUCTS ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. FURTHER, YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES WILL CAMEREYE DISPATCH EMERGENCY SERVICES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. You understand and agree that customer service and any customer care and support offered and provided by Camereye is not a 911 service or dispatch center, an emergency service provider or dispatch service, or a lifesaving solution for people at risk in their home or otherwise. PLEASE DO NOT CONTACT CUSTOMER SERVICE OR ANY CUSTOMER CARE AND SUPPORT OFFERED BY CAMEREYE WITH ANY LIFE/SAFETY EMERGENCY, MEDICAL EMERGENCY, OR ANY OTHER EMERGENCY. IF YOU HAVE ANY SUCH EMERGENCY, YOU SHOULD IMMEDIATELY CONTACT THE POLICE, FIRE DEPARTMENT, 911 OR APPROPRIATE EMERGENCY RESPONSE SERVICE.
THE MONITORING SERVICES AND EQUIPMENT MONITOR AND PROVIDE ALERTS AND ALARMS BUT CANNOT PREVENT DROWNINGS OR DAMAGE FROM DROWNING. THE MONITORING SERVICES AND EQUIPMENT CANNOT REPLACE ANY LIFEGUARD, WATER WATCHER OR ANY PERSONNEL ASSIGNED TO WATCH THE POOL. THE RESPONSIBILITY FOR SUPERVISION OF THE USERS OF THE POOL AND ASSISTANCE AND APPLYING FIRST AID TO THOSE WHO HAVE DROWNED RESTS DIRECTLY WITH THE AUTHORIZED USER. YOU MUST REMAIN ALERT AND AWARE OF THE USERS OF THE POOL OR SURROUNDINGS AT ALL TIME AND CHECK ON THEIR STATUS PERIODICALLY AND AS OFTEN AS REASONABLY NECESSARY. THE PURPOSE OF THE MONITORING SERVICES AND EQUIPMENT IS TO ALERT ON CERTAIN DEFINED ACTIVITIES ALLOWING YOU TO ATTEND TO SUCH AN EVENT WITHIN A TIMELY MANNER.
THERE ARE A NUMBER OF COMMONLY USED AND RECOMMENDED MEASURES TO ENSURE THE SAFETY OF THOSE WHO USE YOU POOL OR SURROUNDINGS WHICH WE STRONGLY ENCOURAGE YOU TO FOLLOW INCLUDING:
- MAINTAIN ADULT SUPERVISION AT ALL TIMES IN AND AROUND THE POOL
- NOT ALLOW YOUNG CHILDREN OR PERSONS WHO ARE NOT PROFICIENT SWIMMERS TO USE THE POOL UNSUPERVISED
- EMPLOY A TRAINED AND LICENSED LIFEGUARD, WHEN APPLICABLE (E.G. HAVING A POOL PARTY)
- LEARN AND MAINTAIN KNOWLEDGE IN PERFORMANCE OF CPR AND OTHER EMERGENCY MEASURES
- KEEP ALL OTHER SAFETY MEANS, AS REQUIRED BY LAW / REGULATION SUCH AS POOL FENCES, GATES AND ALARMS IN PLACE
THE MONITORING SERVICES AND EQUIPMENT ARE INTENDED FOR HOME USE BY INDIVIDUALS IN GOOD HEALTH AND SHOULD NOT BE RELIED UPON IN USE WITH VERY YOUNG CHILDREN, PERSONS WHO CANNOT SWIM AND PERSONS IN GENERAL BAD HEALTH OR THOSE WHO SUFFER FROM SPECIFIC AILMENT OR ILLNESS WHICH PUTS THEM AT A HIGHER RISK OF DAMAGE DUE TO USE OF THE POOL.
PLEASE BE ADVISED THAT THE MONITORING SERVICES AND EQUIPMENT SHOULD NOT BE USED AS SOLE BASIS FOR SUPERVISION OR PREVENTION OF ALARMS. THESE ARE NOT A SUBSTITUTE FOR MANDATORY OR OTHERWISE NECESSARY POOL SAFETY MEASURES NOR DO THEY REPLACE THE NEED FOR SUPERVISION OF ANY POOL AREA BY A QUALIFIED PROFESSIONAL, A CERTIFIED LIFEGUARD OR AN ADULT, AS APPLICABLE. THE MONITORING SERVICES AND EQUIPMENT ARE A SUPPLEMENTARY TOOL ONLY, AND THEY ARE INTENDED TO BE USED IN TANDEM WITH ANY AND ALL APPLICABLE SAFETY MEASURES.
RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE MONITORING SERVICES AND EQUIPMENT IS SOLELY AT YOUR OWN RISK. YOU ARE HEREBY ADVISED THAT CAMEREYE PROVIDES NO WARRANTIES OR GUARANTEES AS TO THE PERFORMANCE OR QUALITY OF THE MONITORING SERVICES AND EQUIPMENT. THE PROVISION OF MONITORING SERVICES AND USE OF THE EQUIPMENT MAY BE AFFECTED BY ANY NUMBER OF EXTERNAL FACTORS THAT ARE NOT IN CAMEREYE’S CONTROL, INCLUDING WITHOUT LIMITATION, ENVIRONMENTAL CONDITIONS, INTERRUPTION AND INTERFERENCE BY PERSONS IN THE POOL, LOSS OF SIGNAL, INTERRUPTION OF FEEDBACK AND COMMUNICATION PROBLEMS ETC. ANY ONE OF SUCH FACTORS MAY CREATE FALSE-POSITIVES OR FALSE-NEGATIVES IN THE DETECTION OF ALARMS AND THE GENERAL QUALITY AND PERFORMANCE OF THE MONITORING SERVICES AND EQUIPMENT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF THE MONITORING SERVICES AND EQUIPMENT.
FURTHERMORE, THE PRODUCT IS BASED ON ARTIFICIAL INTELLIGENCE, COMPUTER VISION AND CAMERA TECHNOLOGY AND AS SUCH THERE MAY ALWAYS BE ALARMS THAT IT MAY MISS DUE TO THE INHERENT NATURE OF THE TECHNOLOGY THAT IS AFFECTED BY MANY FACTORS SUCH AS WEATHER, LIGHT, WATER CLARITY, DISTANCE, SHADES, OBSTRUCTIONS, BODY POSITION, AND MORE. THE PRODUCT IS MAINLY DESIGNED TO DETECT PEOPLE ABOVE AND IN THE WATER AND AS SUCH MAY NOT ALWAYS DETECT PEOPLE IF THEY DO NOT PASS THE HUMAN DETECTION MODEL. IF A USER SETS THE AREA OF ALERTING (SOMETIMES REFERRED TO AS AI SMART FENCE), THEY ACKNOWLEDGE THAT THE ALERTS/ALARMS ARE EXCLUDED OUTSIDE THE AREA DRAWN BY THE USER ON THE APP. SIMILARLY, APP NOTIFICATIONS DISABLED OR SILENCED OR BYPASSED BY THE USER CAN LEAD TO INACCESSIBILITY OF THE INFORMATION BY THE USER.
Reliability of Services. You acknowledge that the Services, including remote access and mobile notifications, are not error-free or 100% reliable and 100% available, and that Camereye is not responsible for any interruption of AI Monitoring Services due to network outages, faulty Equipment, faulty transmission, power outages or other interruptions in wireless service, systems that have been tampered with or any damage or destruction to Equipment or facilities. You understand and agree that Camereye will not receive alarm signals from your Equipment if the wireless network is not working properly, signals are interrupted or if changes in the wireless network prevent the Equipment from communicating with the Camereye monitoring center. You are responsible for testing the Equipment regularly and for testing the Equipment after any storm, power outage, wireless network outage or when any changes are made to the wireless network, in order to verify the continued functioning of the Equipment. You are responsible for complying with any applicable requirement to test the Equipment. You will immediately notify Camereye if you are having any problem with the Equipment or AI Monitoring Services. You acknowledge these limitations and agree that Camereye is not responsible for any damages allegedly caused by the failure or delay of the AI Monitoring Services. Camereye does not offer any specific uptime guarantee for the Services.
System Requirements. The AI Monitoring Services will not be accessible without: (i) a working Wi-Fi network in your home that is positioned to communicate reliably with the Equipment; (ii) a registered account; (iii) an enabled and supported wireless device, such as a phone or tablet (required for some features and functionalities of the Monitoring Service); (iv) always-on broadband Internet access in your home with bandwidth sufficient to support the Products you use; and (v) other system elements that may be specified by Camereye. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the AI Monitoring Services may not work as described when the requirements and compatibility have not been met. If you modify, substitute, move, or otherwise change any of the required system elements, it is your sole duty and responsibility to be sure they are compatible and properly configured to work with the Equipment and AI Monitoring Services.
Installation, test and use. It is your responsibility to install and use the Equipment and AI Monitoring Services pursuant to the applicable manual and instructions. IF THE EQUIPMENT IS NOT PROPERLY INSTALLED, OR IF THE EQUIPMENT IS OUTSIDE THE DETECTION RANGE OR HINDERED OR OBSTRUCTED, YOU MAY EXPERIENCE FALSE ALARMS OR DETECTION FAILURES. EVEN AFTER INSTALLED CORRECTLY AND APPROPRIATELY, IF THE SENSOR PLACEMENT CHANGES OR AREA OF INTEREST MOVED, YOU MAY EXPERIENCE FALSE ALERTS/ALARMS OR DETECTION FAILURES. It is your responsibility to test the Equipment once installed to be sure the Equipment (and any related sensors, components and peripherals) are functioning and communicating as intended and designed, and then regularly test and maintain the Products after installation.
Check batteries regularly. It is your responsibility to replace any batteries for the Equipment when necessary. YOU UNDERSTAND AND AGREE THAT THE EQUIPMENT MAY NOT FUNCTION OR PROPERLY FUNCTION IF BATTERIES NEED REPLACEMENT; PLEASE CHECK THEM REGULARLY.
2. Compliance with Laws.
You expressly agree that you are subject to and will comply with any and all applicable laws and regulations related to your use of the AI Monitoring Services and the Equipment, including, without limitation, wiretapping, eavesdropping, privacy, voyeurism, or other similar laws, such as (i) any laws relating to the recording or sharing of video or audio content that includes third parties or public spaces, or (ii) any laws requiring notice to third parties, or consent or explicit consent of third parties with respect to your use of recordings of them. Your use of the AI Monitoring Services and Equipment is at your own risk. You are solely responsible and Camereye will have no liability whatsoever for any and all pictures, audio, video or other data that you upload, download, monitor, record, store, post, email, transmit, disclose or otherwise make available using the Equipment or the AI Monitoring Services.
3. Consent to Monitoring; Providing Notice to Others.
You agree that if you select any services or settings as part of the AI Monitoring Services that involve monitoring, recording, storing or disclosing oral communications made by you and third parties on the premises, you consent to such monitoring, recording, storage and disclosure on behalf of yourself and any minor children for whom you are the parent or legal guardian. You further agree that you have informed the other adults who live on the premises of such monitoring, recording, storage and disclosure, which may include, for example, displaying a visible sticker or other notice of recording and use of Camereye’s AI Monitoring Services on the premises. You acknowledge that Camereye may be required by applicable law to disclose communications and records stored by Camereye, including communications related to your use of the AI Monitoring Services and the Equipment, to government agencies and law enforcement.
4. Access and Use.
Subject to this Agreement, Camereye grants you a limited, non-transferable, revocable, non-exclusive right (without the right to sub-license) to access and use the Services by (i) using the App in connection with, and solely for the purpose of, controlling and monitoring the Equipment you own or are authorized to control and monitor or otherwise accessing a service explicitly provided by Camereye for your use (the “Permitted Purpose”), (ii) installing and using the App and solely for the Permitted Purpose, and (iii) accessing the Services solely for the Permitted Purpose. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the App and remove (that is, uninstall and delete) the App from your mobile device.
Camereye reserves the right, at any time, to modify, suspend or discontinue the Services or any part thereof with or without notice; charge, modify or waive any fees required to use the Services; or offer opportunities to some or all Service users. You agree that Camereye will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any part thereof.
5. Accounts; Owners and Authorized Users.
You may need to register to use all or part of the Services. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Camereye, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Services account.
The individual who creates an account is the “Owner” of that account and is the Owner of the Equipment associated with that Account. Individuals who are authorized to access an Owner’s AI Monitoring Services and Equipment are “Authorized Users”. Authorized Users may have the ability to use the Services and monitor and control the Equipment. Authorized Users are responsible for their own actions in connection with the AI Monitoring Services and Equipment, but the Owner also hereby agrees to be fully responsible for all actions taken by Authorized Users relating to the Owner’s AI Monitoring Services, Equipment and account. If you are an Owner, you should only authorize those individuals whom you trust to access your AI Monitoring Services, Equipment and account. AI Monitoring Services are provided for a fee. Owners shall pay all applicable fees in connection with the Services selected by you.
We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your use of the Services following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed.
7. Information Submitted Through the Services.
8. Jurisdictional Issues.
The Services are controlled or operated (or both) from the United States, and are not intended to subject Camereye to any non-U.S. jurisdiction or law. The Services may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Services’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
9. Rules of Conduct.
In connection with the Services, you must not:
- Post, transmit or otherwise make available through or in connection with the Services any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Post, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
- Use the Services for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Services.
- Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, including by hacking or defacing any portion of the Services; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Services.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Services except as expressly authorized herein, without Camereye’s express prior written consent.
- Reverse engineer, decompile or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the Services.
- Frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service, without Camereye’s express prior written consent.
- Systematically download and store Services content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services, without Camereye’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Camereye grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Camereye reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
The Services may make available listings, descriptions and images of Equipment, other goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by Camereye or by third parties, and may be made available for any purpose, including general information purposes. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product.
You may have the ability to purchase, provide payment for or otherwise obtain (a) the AI Monitoring Services via the Apple App Store and (b) certain Products via the Services (each, a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. Please see the “Apple Specific Terms” below for additional terms related to the Apple App Store. The AI Monitoring Services may be suspended temporarily, without notice, for security reasons, systems failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions.
You represent and warrant that you have the right to use any credit card that you submit in connection with a Transaction. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner.
Camereye reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. Refunds and exchanges of Products will be subject to Camereye’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Services. Transactions for Products are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Our Subscription Billing Service
Camereye's basic and premium paid subscriptions have auto-renewals that are monthly or annually depending on the subscription plan you choose. For example, if you have chosen a monthly subscription plan, the subscription will automatically renew a day before the end of the month for one additional month. If you have chosen an annual subscription plan, the subscription will automatically renew a day before the end of the year for one additional year. The basic plan is $12.99 per month and the premium plan is $19.99 per month. If purchased for 12 months, she basic plan is $125 per year and the premium plan is $189 per year. YOUR SUBSCRIPTION(S) WILL AUTOMATICALLY RENEW AND YOU WILL BE CHARGED ON EACH RENEWAL DATE UNLESS CANCELLED.
When the subscription begins and ends; types of subscriptions.
12. Feedback; License.
If you provide to us any customer testimonials, feedback ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Services or otherwise, you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place CamerEye under any fiduciary or other obligation.
For purposes of clarity, you retain ownership of your Feedback. You hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sub-licensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit Feedback, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Feedback, and your provision thereof through and in connection with the Services, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Feedback that you may have under any applicable law under any legal theory.
We may (but have no obligation to) analyze your access to or use of the Services.
14. Our Proprietary Rights.
We and our suppliers own the Services, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include CAMEREYE and any associated logos. All trade names, trademarks, service marks and logos on the Services not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
15. Third Party Materials; Links.
Certain Services functionality may make available access to information, products, services and other materials made available by third parties (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Camereye with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Services at any time. In addition, the availability of any Third Party Materials through the Services does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
17. Disclaimer of Warranties.
To the fullest extent permitted under applicable law: (a) the Services, any Equipment and Products and Third Party Materials are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express, implied or statutory; and (b) Other than our Limited Warranty (https://camereye.ai/limited-warranty/), Camereye and its respective shareholders, directors, officers, employees, affiliates, agents, representatives, distributors, licensors, suppliers and service providers (collectively, the “Affiliated Entities”) disclaim all warranties with respect to the Services, any Equipment or Products and Third Party Materials, including the warranties of merchantability (including without limitation that the Services will avert or minimize occurrences of events such as drowning, or their consequences), fitness for a particular purpose, non-infringement and title.
All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Camereye and its affiliates and the Affiliated Entities, and their respective successors and assigns.
THE MONITORING SERVICES AND EQUIPMENT DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO DETECT OR AVERT, INCLUDING BUT NOT LIMITED TO DROWNING. CAMEREYE MAKES NO GUARANTY OR WARRANTY THAT THE MONITORING SERVICES AND EQUIPMENT WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. CAMEREYE DOES NOT UNDERTAKE ANY RISK THAT YOU OR YOUR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH YOU AND YOUR INSURER, NOT CAMEREYE.
YOU RELEASE, WAIVE, DISCHARGE AND PROMISE NOT TO SUE OR BRING ANY CLAIM OF ANY TYPE AGAINST CAMEREYE FOR LOSS, DAMAGE OR INJURY RELATING IN ANY WAY TO THE MONITORING SERVICES OR EQUIPMENT.
While we try to maintain the timeliness, integrity and security of the Services, we do not guarantee that the Services is or will remain updated, complete, correct or secure, or that access to the Services will be uninterrupted. The Services may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Services. If you become aware of any such alteration, contact us at [email protected] with a description of such alteration and its location on the Services.
18. Limitation of Liability.
To the fullest extent permitted under applicable law: (a) In no event will Camereye or its Affiliated Entities be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for personal injury, loss of life, property damage, loss of profits, use or data, loss of other intangibles, loss of security of Feedback (including unauthorized interception by third parties of any Feedback), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, Camereye will not be liable for damages of any kind resulting from any Equipment or Products, your use of or inability to use the Services or Third Party Materials, including from any Virus that may be transmitted in connection therewith; (c) your sole and exclusive remedy for dissatisfaction with the Services, any Equipment or Products or Third Party Materials is to stop using the Services; and (d) the maximum aggregate liability of Camereye for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise (including property damage, personal injury or loss of life), shall be limited to the greater of (i) the fees actually paid by you to Camereye or Camereye’s authorized dealer for the Equipment, Product or Services at issue in the prior 12 months, or (ii) $100.00. All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Camereye and the Affiliated Entities, and their respective successors and assigns.
To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Camereye and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use and each Authorized User’s use of the AI Monitoring Services or Equipment; (b) your use of, or activities in connection with, the Services; (c) any violation or alleged violation of this Agreement by you or your Authorized Users; and (d) your or your Authorized Users’ violation of any law or the rights of any third party. Camereye reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify Camereye, and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Camereye’s prior written consent. Camereye will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
This Agreement is effective until terminated. Camereye may terminate or suspend your use of the Services at any time and without prior notice, for any or no reason, including if Camereye believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Services will immediately cease, and Camereye may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 1–2, 7–8 and 14–27 shall survive any expiration or termination of this Agreement.
21. Governing Law; Arbitration.
The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in San Diego County, California, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and Camereye, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Camereye and you are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.
You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
22. Information or Complaints.
If you have a question or complaint regarding the Services, please send an e-mail to [email protected]. You may also contact us by writing to 4640 Cass Street #91275 San Diego, CA 92109, or by calling us at 1-800-906-2810. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
23. Copyright Infringement Claims.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Camereye a written notice by mail, e-mail or fax, requesting that Camereye remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Camereye a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to [CAMEREYE’S DMCA AGENT] as follows: By mail to [NAME AND MAILING ADDRESS]; by e-mail to [E-MAIL ADDRESS]; or by fax to [FAX NUMBER]. [CAMEREYE’S DMCA AGENT]’s phone number is [PHONE NUMBER]. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
24. Export Controls.
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Camereye. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Camereye relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Camereye relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Services or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Camereye will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
26. Apple-Specific Terms.
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Camereye in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the App may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Camereye’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
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