This application is owned and operated by XMITEK IOT TECHNOLOGY CO., LIMITED. These Terms of Service ("Terms") govern your legal rights to use or access our services, software, mobile applications and our website ("Services"), subscription services (including services accessible through web and mobile applications) ("Subscription Services") and Koocam hardware products or devices ("Products").
As described below, you consent to automatic software updates for the Services and Products connected to the Services. If you do not agree, you should not use the Services and Products.
As described below, Sections 4 and 5 describe important limitations of the Services and Products, particularly as they relate to life safety and critical use. Please read these disclosures carefully, as you acknowledge and accept them.
1. Overview, Eligibility, Customer Service, Term and Termination
(a) Overview and its relationship to other agreements. These Terms apply to your use of the Services and Products. Any Product you purchase is subject to the limited warranty provided with that Product (the "Limited Warranty") and may be further subject to the terms and conditions of sale. The software (and any updates thereto) embedded in the Products ("Product Software") is licensed and governed by the End User License Agreement. Certain features of the Services may be subject to additional guidelines, terms or rules that will be posted on the Services in connection with such features. All additional guidelines, terms or rules, as well as the Website Privacy Policy (the "Website Privacy Policy") and Privacy Statement (the "Privacy Statement"), are incorporated herein by reference, and your use of the Services and Products constitutes your agreement to be bound by and to comply with such guidelines, terms or rules.
(b) Eligibility. (i) You may use the Services and Products only if you have the legal capacity to enter into a binding contract with Koocam (except as provided in (1)(b)(ii) below), you accept these Terms through the Website, Web App or Mobile App or by accessing or using the Services or Products, and you comply with these Terms and all applicable local, state/provincial, national, and international laws, rules, and regulations. Only individuals who are at least 18 years of age may be Koocam account owners. (ii) If you are an Authorized User, you represent and warrant that you are at least 14 years of age (or the equivalent minimum age in the jurisdiction in which you reside), or, if you are between 14 years of age (or the equivalent minimum age in the jurisdiction in which you reside) and the age of majority in the jurisdiction in which you reside, that you will use the Services and Products only under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. Use of or access to the Services and Products by individuals under the age of 14 (or the equivalent minimum age in your jurisdiction of residence) is strictly prohibited and is a violation of these Terms. The Services and Products are not available to any user who has previously been barred from using the Services and Products by Koocam.
(c) Customer Service. If you have any questions or concerns about the Products, the Services, or these Terms, please contact Koocam. You understand and agree that the customer service and any customer care and support provided by Koocam is not a 110 service or a dispatch center, emergency service provider, or dispatch service, and is not a life-saving solution for people in danger at home or elsewhere. Do not contact the customer service or any customer care and support provided by Koocam for any life/safety emergency, medical emergency or any other emergency. If you experience any such emergency, you should immediately contact the police, fire department, 110 or the appropriate emergency response service.
(d) Term and Termination. These Terms will remain in full force and effect for as long as you continue to access or use the Services or Products, or until terminated in accordance with the provisions of these Terms. Koocam may at any time (i) suspend or terminate your right to access or use the Services or (ii) terminate these Terms as they pertain to you if Koocam believes in good faith that you are using 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 in connection with that Product will automatically terminate, and the new owner will not have the right to use the Products or Services under your account (as described below) and will need to register for a separate account with Koocam and accept these Terms.
(e) Effect of Termination. Upon termination of these Terms, your account and right to use the Services will automatically terminate.
2. Accounts
(a) Your Account. In order to use certain Services and Products, you must register for a user account ("Account") and provide certain personal information as prompted by the applicable registration form. You represent and warrant that (a) all required registration information submitted by you is true and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services and Products does not violate any applicable law or regulation. You are solely responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to use "strong" passwords (passwords that use a combination of upper and lower case letters and numbers) for your account and to maintain your password securely to prevent access by others. You agree to notify Koocam immediately of any unauthorized use or suspected unauthorized use of your account, or any other breach of security, and Koocam will not be liable for any loss or damage arising from your failure to comply with the foregoing requirements.
(b) The person who creates an account is the "Owner" of that account and also the owner of the Products associated with that account. Persons who are authorized to access the Owner's Products and Services are "Authorized Users". Authorized Users can use the Services and monitor Products (for example, Authorized Users can turn your camera on or off). Authorized Users can also view information (including personal information) and content from all user Products (for example, Authorized Users can receive mobile alerts or view your visitor history). Authorized Users are responsible for their own conduct with respect to Products and Services, but the Owner hereby also agrees to assume full responsibility for all conduct of Authorized Users with respect to the Owner's Products, Services and account. If you are an Owner who invites or enables Authorized Users, you acknowledge and agree that such Authorized Users can use your aforementioned Products and Services. Therefore, as an Owner, you should only authorize people you trust to access your account, Products and Services.
3. Access to Services
(a) Access and Use. Subject to these Terms, Koocam grants you a non-transferable, non-exclusive right (without the right to sublicense) to access and use the Services by: (i) using the Mobile Application in connection with Products that you own or are authorized to control and monitor, and only for the purpose of controlling and monitoring Products or accessing Services that Koocam expressly makes available for your use ("Licensed Purposes"); (ii) installing and using the Mobile Application only on your own handheld mobile devices (e.g.: iPhone, iPad or Android smartphone) and only for Licensed Purposes; (iii) accessing the Website only for Licensed Purposes.
(b) Automatic Software Updates. From time to time, Koocam may develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and/or the Product Software ("Updates"). These Updates may be installed automatically without providing any additional notice or obtaining any additional consent. You consent to such automatic updates. If you do not want such Updates, your remedy is to terminate your account and stop using the Services and Products. If you do not terminate a previously created account, you will automatically receive updates. You acknowledge that you may need to install updates in order to use the Services and Products, and you agree to promptly install any updates provided by Koocam. Your continued use of the Services and Products constitutes your agreement to: (i) these Terms with respect to the Services and Products; (ii) the End User License Agreement with respect to Updates to the Product Software; and (iii) any changes or updates that Koocam may make to these Terms or the End User License Agreement.
(c) Interfaces to Third Party Products and Services Provided by Koocam. Over time, Koocam may provide opportunities for you to interface Products and Services to one or more Third Party Products and Services through and using services, such as customer services ("Third Party Products and Services"). It is up to you to decide whether and which Third Party Products and Services you want to interface with. This interface requires your express consent and authorization and may be revoked by you at any time. Once you have given your consent to specific third-party products and services, you agree that Koocam may exchange information and control data relating to you and your Products, including your personal information, in order to enable the interfaces you have authorized. Once this information is shared with certain third party products and services, its use will be governed by the third party's privacy policy and not by Koocam's privacy documents. You acknowledge and agree that Koocam makes no representations or warranties about the quality or safety of any third party products or services or interfaces with Products and Services. Accordingly, Koocam shall not be liable for your use of any Third Party Products or Services, or for any personal injury, death, property damage (including, but not limited to, to your home), or other injury or loss arising out of or in connection with your use of any Third Party Products or Services. Please contact the third party if you have any questions about third party products and services.
(d) Certain materials (including, but not limited to, text, graphics, articles, photographs, videos, images and illustrations ("Content")) may be displayed or performed on the Services. "Content" also includes information that you and other users provide to us in the course of using the Services (collectively, "User Submissions"), which we may use to provide, maintain and improve the Services. Some content may be visible to others (for example, the Services allow you to upload, post or otherwise share video content). You may also post feedback, comments, questions or other information on the Site. You are solely responsible for all Content that you upload, post, email, transmit or otherwise distribute using the Services, or that you contribute to the Services in any way; you represent and warrant that you own all rights necessary to do the foregoing in the manner in which you contribute; and you license to Koocam under the Terms all patent, trademark, trade secret, copyright or other proprietary rights. You shall comply with all copyright notices, trademark rules, information and restrictions contained in any Content accessed through the Services and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit any Content or third-party submissions or other proprietary rights not belonging to you for any purpose: (i) without the express prior written consent of the relevant owner, and (ii) in any way that infringes any third party rights. Koocam reserves the right to remove any Content from the Services at any time, for any reason (including, without limitation, if we receive a claim or allegation from a third party or authority regarding such Content, or if we are concerned that you may have violated the preceding sentence), or for no reason at all.
(e) Certain Restrictions. The rights granted to you under these Terms are subject to the following limitations: (i) you agree not to modify, prepare derivative works of, disassemble, decompile, or reverse engineer any portion of the Services or the Products; (ii) you agree not to access the Services or the Products in order to create a similar or competing service or product; (iii) except as expressly set forth in these Terms, no portion of the Services or the Products may be reproduced, reprinted, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (iv) you agree not to upload, transmit or distribute any computer viruses, worms, or any software designed to damage or alter computer or communications networks, computers, hand-held mobile devices, data, Services, Products, Product software, or any other systems, devices or property; (v) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to servers or networks connected to the Services, or violate the rules, policies, or procedures of such networks; (vi) you agree not to use (or attempt to use) any of the Services other than through interfaces provided by Koocam; and (vii) you agree not to remove, obscure, or alter any proprietary notices (including copyright and trademark notices) that may be contained in, or displayed on, the Services or the Products. Any future versions, updates or other additions to the Services shall be subject to these Terms.
(f) Privacy. Please review Section 4(m) below, the Privacy Policy for Koocam's website, and the Privacy Statement for Koocam's Products and Services. These documents describe the practices regarding information (including any Content or User Submissions) that you or Koocam may collect from users of the Products and Services.
(g) Security. Koocam is concerned about the integrity and security of your personal information. We strive to implement appropriate security measures. However, Koocam cannot guarantee that unauthorized third parties will never be able to breach our security measures or use your personal information for improper purposes. You acknowledge that you provide personal information at your own risk.
(h) Modifications. Koocam reserves the right to modify, suspend or discontinue the Services or any part thereof at any time with or without notice. You agree that Koocam will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any part thereof.
4. Agreed Uses and Limitations of Koocam Services and Products
(a) Intended Use of Koocam Services. The Services are intended for access to and use of non-time critical information and control of Koocam products. While we aim to make the Services highly reliable and available, it is not intended that the Services will be reliable or available at all times. Sporadic interruptions and failures of the Services may occur for a variety of reasons beyond Koocam's control, including Wi-Fi outages, service provider uptime, mobile notifications, and carriers. You acknowledge these limitations and agree that Koocam shall not be liable for any damages resulting from service failures or delays.
(b) The Products and Services have no life safety or critical use. You acknowledge and agree that the Products and Services, whether used alone or in connection with third party products or services, are not certified for emergency response. You understand that under no circumstances will Koocam dispatch emergency services to your residence in the event of an emergency.
(c) Reliability of the Services. You acknowledge that the Services, including remote access and mobile notifications, are not error-free or 100% reliable and 100% available. The proper functioning of the Services is dependent and contingent upon the transmission of data over your Wi-Fi network, enabled wireless device (e.g., cell phone or tablet) and broadband Internet access or optional cellular backup service, for which neither Koocam nor any wireless or data carrier is responsible, and which may be interrupted, delayed, denied, or limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, radio frequency channel unavailability, system capacity, upgrades, repairs or relocation, and priority access for emergency responders in the event of a disaster or emergency (collectively, "Service Interruption"). You understand that a Service Interruption may cause the Service to be unreliable or unavailable during the period of the interruption. We cannot and do not guarantee that you will be notified at any particular time, or at all. You agree not to use the Services for any life-safety or critical purpose. Mobile notifications regarding the status and alerts of your Koocam products are for informational purposes only - they are not a substitute for third-party monitored emergency notification systems. Koocam is unable to provide specific information regarding conditions in your home or elsewhere. You acknowledge that it is your responsibility to educate yourself on how to respond to emergencies and to react according to your specific situation.
(d) Service interruption; no refunds or rebates. The Services may be temporarily suspended without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you are not entitled to any refund or rebate for such suspensions. Koocam does not provide any specific uptime guarantees for the Services.
(e) System Requirements. The Services cannot be used without (i) a functioning Wi-Fi network in your home that can reliably communicate with the Products; (ii) an Account; (iii) an enabled and supported wireless device, such as a cell phone or tablet (as required for certain features and functionality of the Services); (iv) always-on, broadband Internet access in your home, with a bandwidth that is sufficient to support the Product(s) that you are using; and (v) other system elements that may be specified by Koocam. It is your responsibility to ensure that you have all necessary system elements and that such elements are compatible and properly configured. You acknowledge that the Services may not function as described in the event of non-compliance and compatibility. If you modify, replace, move, or otherwise change any of the required system elements, it is your responsibility to ensure that they are compatible and properly configured with the Products and Services.
(f) All material publicly posted or privately transmitted through the Services is the responsibility of the sender of such content (or their account), and Koocam is not responsible for any errors or omissions in any such content. Koocam cannot guarantee the identity of any other user with whom you interact in the course of using the Services. In addition, we cannot guarantee the authenticity of any data that users or merchants may provide about themselves. You acknowledge that everything you access using the Services is at your own risk and that any damage or loss caused to any party as a result is your sole responsibility. We have no control over how you interpret and use the Content and have no obligation to take any action that you may take as a result of your exposure to the Content, and you hereby release us from all liability for the Content that you access, or fail to access, through the Services.
(g) You warrant, represent and agree that you will not contribute any Content or otherwise use the Services or Products in a manner that (i) infringes or violates any third party's intellectual property or proprietary, publicity, or privacy or other rights; (ii) violates any law, statute, ordinance, or regulation or is otherwise unlawful; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable conduct; (iv) impersonate any person or entity, including, but not limited to, any employee or representative of Koocam; (v) contain viruses, Trojan horses, worms, time bombs, or other harmful computer code, files, or programs; (vi) jeopardize the security of your Koocam account or the accounts of any other person (such as by allowing others to log in to the Services as you); (vii) attempt to obtain or access passwords, accounts, products, devices, systems, or other security information from any other user or third party in any way; (viii) breach the security of any computer network or break any passwords or security encryption codes; (ix) place unreasonable loads on the Services or on any program that otherwise interferes with the proper functioning of the Services (including by placing an unreasonable load on the Services' infrastructure) running mailing lists, listservs, or any form of autoresponder or "spamming"; (x) copying or storing any material portion of the Content; (xi) decompiling, reverse engineering, or otherwise attempting to derive the source code or underlying ideas or information of, or relating to, the Services; (xii) defaming or disrupting any network capacity or functionality; or (xiii) engage in remote monitoring to provide professional medical services to any individual, including, but not limited to: i. providing medical services to any individual; ii. any healthcare and assisted living environment.
(h) Privacy and data protection laws. Koocam products and services are primarily used in purely personal, domestic and sometimes commercial contexts. However, the data protection and privacy laws of your place of residence may impose certain obligations on you and your use of the Products and Services. With respect to your use of certain video, audio and facial recognition data collected by the Products and Services as an owner or authorized user (e.g., video and audio signals and data from Koocam), under applicable law, you are the controller of certain data collected by those Products and Services and Koocam is the processor of that data. For more information, please see the Privacy Service Agreement for Koocam's products and services. You agree that you, and not Koocam, are responsible for ensuring that your use of the Products and Services complies with any applicable laws, including, but not limited to, (i) any law relating to the recording or sharing of video or audio content that includes third parties or public spaces, or (ii) any law requiring notice to third parties or third parties' consent or express consent to your use of Koocam.
5. Limitations on Koocam Services by Third Parties
(a) General. The Koocam Services rely on, or interoperate with, third party products and services. These third party products and services are not under Koocam's control, but their operation may affect the use and reliability of the Koocam Services. You acknowledge and agree that (i) the use and availability of the Services is dependent on third party product vendors and service providers, (ii) these third party products and services may not operate 100% reliably and may affect the manner in which the Koocam Services are operated, and (iii) Koocam shall not be liable for damages and losses resulting from the operation of these third party products and services.
(b) Third Party Service Providers Used by Koocam. You acknowledge that Koocam uses third-party service providers for certain aspects of the Services - for example, data storage, cell phone backups, synchronization and communication through Amazon Web Services, and mobile device notifications through mobile operating system providers and mobile carriers. You agree not to use the Services for any life-safety or time-critical purposes. In addition, to the maximum extent permitted by applicable law, you agree to release and hold harmless third-party service providers from any liability, damage or loss, personal injury, or loss of life arising from your use of the Products and Services.
(c) Devices, Internet Service Providers and Carriers. You acknowledge that the availability of the Services is dependent on (i) your computer, mobile device, home wiring, home Wi-Fi network, Bluetooth connection, and other related equipment ("Device"), (ii) your Internet Service Provider ("ISP"), and (iii) your mobile device operator ("Operator"). You acknowledge that you are responsible for all fees charged by your ISP and Operator for your use of the Services. You also acknowledge that you are responsible for complying with all applicable agreements, terms of use/service and other policies of your ISP and Operator.
6. Ownership and Intellectual Property Rights
(a) Koocam Property. You acknowledge that all intellectual property rights, including, but not limited to, copyrights, patents, trademarks, and trade secrets, in the Products, Product Software, and Services (i.e., the Websites, Web Apps, and Mobile Apps) are owned by Koocam or its affiliates or our licensors. Your ownership of, access to, and use of the Products, Product Software, and Services does not transfer any right, title, or interest in such intellectual property to you or to any third party, and Koocam and its affiliates, licensors, and suppliers reserve all rights not granted in these Terms. The Services are licensed, not sold, to you under these Terms.
(b) You may only copy portions of the Services (including the Site) to your computer for your personal use. You may not use the content of the Services in any other public or commercial manner, or reproduce or incorporate the content of the Services into any other work, including your own website, without the written consent of Koocam. You must obtain our permission to distribute or redistribute any portion of the Services. Except for User Submissions, Koocam retains full and complete ownership of all content on the Services, including any downloadable software and all data accompanying it. You may not copy, modify, or in any way reproduce or destroy the structure or presentation of the Services or any content therein.
7. Disclaimer
(a) The warranties for the Product and the Software for the Product are set forth in the Limited Warranty and the End User License Agreement, respectively.
(b) The services are provided as a convenience to you on an "as is" and "as available" basis, and Koocam, our licensors and suppliers expressly disclaim all warranties and conditions of any kind, including the warranties or conditions of merchantability, fitness for a particular purpose, accuracy and non-infringement.
(c) Koocam, our licensors and suppliers do not warrant that defects will be corrected or that the Services: (i) will meet your requirements; (ii) will be compatible with your home network, computer or mobile device; (iii) will be provided on an uninterrupted, timely, secure or error-free basis; or (iv) will be accurate or reliable. No advice or information, whether oral or written, obtained by you from Koocam or through the service shall create any warranty.
8. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Koocam be liable for any indirect, incidental, punitive, special, or consequential damages, including, but not limited to, damages for any loss of data or loss of profits, arising out of or in connection with the services or products, even if Koocam knew or should have known that such damages might occur. Koocam's total aggregate liability for any direct damages, property damage, personal injury, loss of life, or any other damages not excluded above, arising out of or in connection with the services or products, whether in contract, tort, or otherwise, shall not exceed the fees actually paid by you to Koocam during the preceding twelve (12) months for the services or products.
9. General
(a) Changes to these Terms. Koocam reserves the right to change these Terms. Koocam will post a notice of the changes on this page, on the Website, on the web application, or in any one or more places on the mobile application. When you use the Services and Products, you should ensure that you have read and agree to the latest Terms. By continuing to use the Services and Products after receiving notice of such changes, you acknowledge such changes and agree to be bound by the revised Terms. If you do not agree to any changes to any of the Terms, you should disconnect the Products from your account and cease accessing or using the Services and Products.
(b) Entire Agreement. These Terms constitute the entire agreement between you and Koocam with respect to the use of the Services and the purchase of Products, and the failure of Koocam to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. The section headings in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is held to be invalid or unenforceable for any reason, the other provisions of these Terms will not be affected, and the invalid or unenforceable provision will be deemed to be modified so as to be valid and enforceable to the fullest extent permitted by law.
(c) Contact Information. If you have any questions about these Terms, please contact us at: support@xmitech.net
Company Name: XMITEK IOT TECHNOLOGY CO., LIMITED
Address: Room A1, 11/F, Winner Building, 36 Man Yue Street, Hung Hom, Kowloon, Hong Kong
Email: support@xmitech.net
Copyright © 2019, XMITEK IOT TECHNOLOGY CO., LIMITED. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Services are the property of Koocam or their respective holders. You may not use any Marks without the prior written consent of Koocam or their respective holders. Koocam reserves the right to change product and service offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or related documents.