Thank you for purchasing AiDot products. Before you start, you should carefully read the following terms of service and ensure you fully understand the terms.
In addition to these Terms, Supplemental Terms that may apply to your use of the applicable Products or Services include:
Supplemental Terms for AiDot Cloud Storage Service
Section I - ScopeSection I - Scope
(a) AiDot and its subsidiaries and affiliates (collectively, "AiDot") provides: (1) software that may be downloaded to your smartphone or tablet to access services ("Mobile Apps"), and (2) subscription services, including services that can be accessed using the Mobile Apps ("Subscription Services"), all for use in conjunction with AiDot hardware products ("AiDot Products" or "Products") and in other ways that AiDot provides." Some of AiDot Products and Services can be used together or in ways that integrate with products and services from third parties. The term "Services" means the Mobile Apps, and Subscription Services.
(b) These Terms of Service ("Terms" or "Agreement") govern your access to and use of the Services. Please read the Terms carefully and understand the terms of the various sections, in particular the terms of the exemption or limitation of liability, the terms of jurisdiction and the law, and a separate agreement to open or use a service. Restrictions, disclaimers will be highlighted in bold or underlined form to remind you to pay attention. Please read them carefully, as you are acknowledging them and accepting them.
(c) The terms are a legal agreement. By accepting the terms through mobile app, or by accessing and using the services (including the sites) or products, you are accepting and agreeing to the terms on behalf of yourself or the entity you represent in connection with the access and use. You represent and warrant that you have the right, authority, and capacity to accept and agree to the terms on behalf of yourself or the entity you represent. You represent that you are of sufficient legal age in your jurisdiction or residence to use or access the services and products and to enter into this agreement. If you do not agree with any of the provisions of the terms, you should disconnect your products from your account and cease accessing or using the services and products.
(d)As described below, you are consenting to automatic software update of the services and of the products connected to the services. If you do not agree, you should not use the services and products.
(e) You are not authorized to use the services unless you have read and accepted all the terms of this agreement. You agree that your use of any of the services represents that you have read and accepted all the terms of this agreement.
Section II - Accounts
(a) To use the Services and certain Products, you must register for a user account ("Account") and provide certain information about yourself as prompted by the applicable registration form.
(b) You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. AiDot reminds you that you should keep your Account login information in a safe place. You should properly log out from the Services when you finish. In case your Account login information is misplaced or lost, you agree that AiDot is not liable for resulting damages or losses.
(d) You represent that you are a natural person, or a representative of a legal person or other organization with full civil rights and full civil capacity to enter this agreement with aidot when you use the services at the time of registration. Your agreement with aidot is void from the outset if you do not have the aforementioned eligibility and capacity. Aidot reserves the right to cancel your account or suspend your account temporarily or permanently. You agree to assume full legal responsibilities for using the services.
(e) You agree to provide truthful, complete, and accurate information when registering an account. Should anything change after registration, you should promptly update you registration information. You represent and warrant that: (1) all required registration information you submit is truthful and accurate; (2) you will maintain the accuracy of such information; and (3) your use of the Services will not violate any applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). If the registration information you provide is illegal, untrue, inaccurate, or incomplete, you shall bear the corresponding responsibility and consequence arising therefrom. AiDot reserves the right to terminate your use of the Services.
(f)AiDot will keep your information confidential, including your name, mailing address, contact number, e-mail and other personal information. Such information may be collected by AiDot when you browse information, search information, do business with AiDot, or use the Services in any manner. AiDot will not disclose your information to the public unless such disclosure is authorized by you or required by law.
(g) After your Account is successfully created, you should carefully put away your Account login information (such as user name and password). You should exercise care when using your Account login information. You agree to immediately notify AiDot of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security.
(h) You agree and authorize AiDot to contact you or any person listed under your account through e-mail, SMS and other forms of communication.
(j) You agreed that your account can only be used by you. You agree not to let others use your account.
(k) You understand and agree that AiDot reserves the right to provide your information and information collected by AiDot about you and your account (e.g., account activities) at the request of government authorities.
Section III - Your Information
(a) AiDot values your privacy. Please review our Privacy Statement. It describes AiDot's practices regarding information AiDot may collect from you. AiDot will collect, use, store and share your personal information in accordance with this Agreement and the Privacy Statement.
(b) When creating an Account or using the Services, AiDot will ask you for certain information. If required by local laws or regulations, you must provide truthful and accurate information about your identity. If you fail to provide all of the necessary information or fail to provide truthful and accurate information, your access and use of the Services will be denied or limited.
(c) You can view and modify the information you submit. You, however, are unable to change the information you provide during registration regarding your real identity or used to verify your real identity.
(d) AiDot cares about the integrity and security of your personal information. AiDot, however, cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. AiDot cares about the integrity and security of your personal information. You explicitly understand and agree that AiDot and its affiliates, or other authorized parties assume no responsibility for any of your direct, indirect, derivative or punitive damages result from unauthorized access to or change of your transfer or data.
(e) AiDot will not transfer or disclose your personal information to any non-affiliated third party unless:
· (1) required by local laws and regulations, or ordered by courts or government agencies;
· (2) required for purposes of completing a merger, division, acquisition or transfer of assets; or
· (3) required to provide the Services or any service you request.
Section IV - Access to the Services
(a) Subject to the terms and conditions set forth herein, AiDot grants you a non-transferrable, non-exclusive license (without a right to sublicense) to access and use the Services.
(b) AiDot reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that AiDot will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
(c) The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. AiDot does not offer any specific uptime guarantee for the Services.
(d) Data protection and privacy laws where you live may impose certain responsibilities on you and your use of the Services. You agree that you (and not AiDot) are responsible for ensuring that you comply with any applicable laws when you use the Services, including but not limited to (1) any laws relating to the recording or sharing of video or audio content that includes third parties, or (2) any laws requiring notice to or consent of third parties with respect to your use of the Services.
(e) AiDot may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services ("Updates"). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services. If you do not terminate a previously created Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Services and you agree to promptly install any Updates AiDot provides. Your continued use of the Services is your agreement-(1) to the Terms (2) to the End User License Agreement associated with the updated software; and (3) any change or updates that AiDot may make to the Terms or the End User License Agreement over time.
(f) The rights granted to you in the Terms are subject to the following restrictions: (1) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (2) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (3) you agree not to access the Services in order to build a similar or competitive service or product; (4) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (5) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services or any other system, device or property; (6) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (7) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by AiDot; and (8) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services. Any future release, update, or other addition to functionality of the Services shall be subject to the Terms.
Section V - Third Parties
(a) The Services rely on or interoperate with third party products and services. These third-party products and services are beyond AiDot's control, but their operation may impact or be impacted by the use and reliability of the Services. You acknowledge and agree that:
· (1) the use and availability of the Services is dependent on third party product vendors and service providers,
· (2) these third-party products and services may not operate in a reliable manner 100% of the time, and they may impact the way that the Services operate, and
· (3) AiDot is not responsible for damages and losses due to the operation of these third-party products and services.
(b) You acknowledge that AiDot uses third party service providers to enable some aspects of the Services-such as, for example, data storage. Further, to the fullest extent permitted by applicable law, you agree to release and hold harmless third-party service providers from all liability, damages or losses of any kind or sort, personal injury or loss of life arising from your use of the services.
(c)You acknowledge and agree that the availability of the Mobile Apps is dependent on the third-party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Android app market from Google (each an "App Store"). You acknowledge that the Terms are between you and AiDot 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 it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance 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 the Terms, the more restrictive or conflicting terms and conditions in the Terms apply.
(d) The Mobile App may contain links to other web sites operated by third parties ("Third Party Sites") and referrals to third party vendors ("Referred Vendors"). Such Third-Party Sites and Referred Vendors are not under our control. AiDot provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Sites or Referred Vendors. Your use of these Third-Party Sites is at your own risk.
(e) AiDot is not responsible for third parties or their products and services, including, without limitation, the App Stores, Third Party Products and Services, Third Party Sites, and Referred Vendors. AiDot hereby disclaims and you hereby discharge, waive and release AiDot and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. To the fullest extent permitted by applicable law, you hereby waive california civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." you hereby waive any similar provision in any other jurisdiction.
Section VI - Indemnification, Disclaimers, Limited Warranties, and Limited Liabilities
(a) To the full extent permitted by applicable law, you agree to indemnify, defend, release and hold aidot and its licensors and suppliers (collectively the "aidot parties") harmless from and against
· (1) All claims, actions, lawsuits and any other legal action brought by any third party against any of the aidot parties arising from or relating to (a) your use of the products or services, (b) your violation of the terms, (c) any user submissions or feedback you provide; or (d) your violation of any law or the rights of any third-party (collectively "third party actions"); and
· (2) Any and all related losses, damages, settlements and judgments (including payment of the nest parties" attorneys" fees and costs) incurred by any of the aidot parties, assessed or found against any of the aidot parties, or made by any of the aidot parties, relating to or arising from any such third party action ("third party related losses"). You understand and agree that your indemnification obligation to the aidot parties applies even if such third-party action and third party related losses arise from the negligence of any kind or degree, breach of contract or warranty, strict liability, non-compliance with applicable law, or other fault or wrongdoing of any of the nest parties.
However, nothing contained herein shall be construed to require any indemnification which would render or make this clause, in whole or in part, void and/or unenforceable under applicable law.
Further, your indemnification obligation shall not apply to any willful, wanton, intentional or reckless misconduct of the aidot parties, or gross negligence of the aidot parties in those jurisdictions that do not permit indemnification for gross negligence.
(b) AiDot reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify AiDot and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without AiDot's prior written consent. AiDot will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
(c) The services are provided for your convenience, "as is" and "as available" and aidot and its licensors and suppliers expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
(d) Aidot and its licensors and suppliers make no warranty that defects will be corrected or that the services:
· (1) will meet your requirements;
· (2) will be compatible with your home network, computer or mobile device;
· (3) will be available on an uninterrupted, timely, secure, or error-free basis; or
· (4) will be accurate or reliable.
No advice or information, whether oral or written, obtained by you from aidot or though the services shall create any warranty.
(e) Aidot does not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by a third party through or in connection with the products or services (including, but not limited to, third party products and services connected through the works with nest platform) or any hyperlinked website or service, and nest will not be a party to or in any way monitor any transaction between you and third-party providers of such products or services.
(f) Aidot makes no representations concerning any content contained in or accessed through the services, and aidot will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the services. Aidot makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the services.
(g) Nothing in the Terms shall be interpreted or construed to limit or exclude liability that cannot be so limited or excluded under applicable law.
(h) To the full extent permitted by applicable law, in addition to the warranty and other disclaimers in the terms, you agree that aidot is not liable for any indirect, consequential, exemplary, special, or incidental damages, including without limitation, any damages for lost data or lost profits, arising from or relating to the services or the products, even if aidot knew or should have known of the possibility of such damages
You further agree that aidot's total cumulative liability for any direct damages, property damage, personal injury, loss of life or any other damages, if any, arising from or related to the services or the products, whether in contract or tort or otherwise, shall be limited to an amount not exceeding two (2) times the fees actually paid by you to aidot or aidot's authorized reseller for the services or the product at issue in the prior 12 months (if any).
Aidot disclaims all liability of any kind of aidot's licensors and suppliers. You agree that aidot is not liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred regarding use of or exposure to any content posted, emailed, accessed, transmitted, or otherwise made available via the services.
You understand and agree that the above limitation of liability in this section shall apply even if aidot is found liable for any loss or damage due to breach of contract, breach of express or implied or limited warranty, negligence of any kind or degree, strict product liability, subrogation, indemnification or contribution, or any other theory of liability. However, this limitation of liability shall not apply to any willful, wanton, intentional or reckless misconduct of aidot or gross negligence of aidot in those jurisdictions that do not permit limitation of liability for gross negligence.
Section VII - Termination
(a) The Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of the Terms.
(b) You may stop using the Services and Products and terminate the Terms at any time. You agree to notify AiDot that your termination through means provided by AiDot (for example, sending a request to terminate your account). AiDot will process your request within a reasonable time. When your account has been successfully terminated and closed, AiDot will notify you through the contact information (e.g., email addresses) you provide when you create and register your account. The Terms are terminated immediately when AiDot receives your request.
(c) At any time, AiDot may (1) suspend or terminate your rights to access or use the Services, or (2) terminate these Terms with respect to you if AiDot believes that you have used the Services or Products in violation of these Terms, including any incorporated guidelines, terms or rules.If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or Services under your Account and will need to register for a separate Account with AiDot and accept the Terms.
(d) When you request to terminate your Account, AiDot will, upon receiving your request, immediately delete all of the data associated with your Account, include the video and audio data you have provided or collected from the Products. You agree that you must download or back up your data before you request to terminate your account.
(e) When AiDot decides to terminate your Account due to business reasons or because you have violated the Terms, AiDot will first notify you through the contact information (e.g., email addresses) you provide when you create and register your account. Upon receiving such notice, you must immediately download or back up your data. You acknowledge that AiDot will delete all of your data fourteen (14) days after sending the notice or within a time frame specified in the notice.
(f) After your Account has been terminated and your data has been deleted, backup copies of your data may continue to exist for some time before they are deleted.In general, the lingering backup copies will be removed at the subsequent backup updates automatically scheduled and performed by our system. AiDot, however, is unable to retrieve or restore your data through theselingering backup copies. AiDot may retain certain data for a longer period of time if AiDot is required to do so for legal reasons.
(g) Upon termination of the Terms, your Account and your right to use the Services will automatically terminate
(h) The obligations in Sections V and VI will survive any expiration or termination of the Terms.
Section VIII - Miscellaneous
(a) AiDot reserves the right to make changes to the Terms. AiDot will post notice of changes to any one or more of the following: Mobile Apps. You should ensure that you have read and agree with the most recent Terms when you use the Services and Products. Continued use of the Services and Products following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms. If you do not agree with any of the changes to any of the terms, you should disconnect your products from your account and cease accessing or using the services and products.
(b) the terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to the terms or your use of the products and services shall be governed by the laws of Hong Kong China without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The courts in some countries may not apply by the laws of the people's republic of china to some types of disputes. If you reside in one of countries, then where the laws of the people's republic of china are excluded from applying, your country's laws will apply. You acknowledge and agreed that this agreement is deemed to be entered in Hong Kong, China. To the fullest extent permitted by applicable law, you agree to submit to the personal jurisdiction of hong kong, prc, for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in an above section.
(c) Notwithstanding the foregoing, AiDot may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
(d) The Terms constitute the entire agreement between you and AiDot regarding the use of the Services and purchase of the Products. Any failure by AiDot to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
(e) The Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without AiDot's prior written consent. The Terms may be assigned by AiDot without restriction. The Terms are binding upon any permitted assignee.
(f) AiDot may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, mobile notifications, hard copy, or posting of such notice on a website. AiDot is not responsible for any automatic filtering you or your network provider may apply to email notifications.
(g) Copyright 2019, AiDot. All rights reserved. All trademarks, logos, and service marks ("Marks") displayed on the Services are the property of AiDot or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of AiDot or such respective holders. AiDot reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.
(h) You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Services are owned by AiDot or its affiliates or our licensors. Your possession, access, and use of the Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. AiDot and its affiliates and licensors and suppliers reserve all rights not granted in the Terms. The Services are licensed to you, not sold, under the Terms.
(i) Some of the Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. Some of the Services receive data collected from the Products. You retain ownership of any intellectual property rights that you hold in that data, if any.
(j) You hereby grant AiDot with a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right to access, display, or otherwise use your data and content (including all related intellectual property rights) solely in connection with providing you the Services and as directed by you. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any of your content and data. For clarity, the foregoing license grant to AiDot does not affect your ownership of or right to grant additional licenses to your content and data, unless otherwise agreed in writing.