使用條款

Beseye 雲守護安控股份有限公司使用條款

歡迎造訪 https://www.beseye.com/tw/home (以下簡稱「本網站」)。若您欲使用本網站,您須先同意接受Beseye雲守護安控股份有限公司 (以下簡稱「Beseye」) 之使用條款及Beseye不定期修訂的隱私權政策(以下合稱「本使用條款」)。請在使用Beseye所提供之服務前,仔細地閱讀本使用條款及隱私權政策之內容。「您」係指存取本網站或透過本網站提供之任何服務之個人。若您繼續使用本網站,視同您已同意本使用條款之規定。Beseye保留隨時增加、刪除、修改或變更本使用條款內容之權利。若您持續使用本網站,將視為您同意接受本使用條款之更新。

內容

所有於本網站之資訊、文字敘述、使用者介面、操作介面、影像、圖片、軟體、商標、標記、音檔、視訊、美術作品及電腦編碼及其他資料 (以下合稱為「本網站內容」),包括但不限於Beseye所有、控管或授權之網站之設計、編排、選擇、協調、表達 及結構等,均屬Beseye所有、控制或取得授權;並且受中華民國著作權法、專利法、商標法、公平交易法及相關法令之保護。

除本使用條款有明文規定外,非經Beseye事先之書面同意,不得擅自以重製、改作、散布、發表、公開口述、公開播送、公開上映、公開演出、公開傳輸、公開展示、改作、編輯或出租等方式侵害Beseye之商標、著作或專利,若您欲使用Beseye提供之產品或服務,請遵守下列條件:

(一)不得移除所有權或著作權相關之註記;

(二)僅限於個人、非商業資訊之目的使用本網站,不得複製或張貼本網站內容於任何媒介;

(三)不得對本網站內容作任何修改;

(四)不得就本網站內容作任何額外之聲明或保證。

您對本網站之使用

本網站可能包含社群功能(如線上客服、支援論壇等),讓您得以接觸 Beseye與一般大眾,以利交流。

(一) 您同意不使用本網站發佈、傳送或接收無關本網站目的或不當之訊息與資料。

(二) 您不得無故以電腦程式或其他電磁方式干擾Beseye之系統網路或濫用本網站。

(三) 您不得無故輸入他人帳號密碼、破解使用電腦之保護措施或利用電腦系統之漏洞存取本網站或任何伺服器、電腦或任何本網站相關的資料庫。

(四) 您不得探查、掃描或測試本網站及任何連接至本網站之網路的弱點。

(五) 您不得在違反本使用條款或違法之目的下,使用本網站或其內容,亦不得教唆、徵求他人侵害Beseye或他人之權利。

若您違反本使用條款而有違法之嫌疑,Beseye將向相關執法單位檢舉或告發。

購買及其它約定事項

Beseye於本網站所販售之商品或服務有提供部分額外的收費項目,若需使用該項目,您應支付其相關費用。Beseye有權更改或新增其收費項目,並不定期更新本網站中之產品和服務相關資料以保持其正確性,但Beseye並無隨時更新產品和服務相關資料之義務。

您可以在帳號中選擇欲升級的攝影機,此攝影機為雲端訂閱方案。我們會在您購買雲端訂閱方案當天及每個付費週期(月付/年付),自動向您收取費用,直到您取消雲端訂閱方案為止。所有適用之稅款將由您負責,我們亦將於必要時收取稅款費用。

不退款聲明

軟體服務不適用於七天鑑賞期,您可以隨時取消訂閱  Beseye 雲端訂閱方案,所支付費用恕不退款。

若本使用條款與本網站內容有所衝突者,公告在後者將優先適用。如果您已經購買我們的產品,而有產品退貨、保修的相關疑問,請至以下官網聯絡客服支援:https://www.beseye.com/tw/support

帳戶、密碼及安全

若要使用本服務,您必須先申請註冊使用者帳戶,並提供最新、完整且正確的個人資料予 Beseye。

建議您使用不易被破解之密碼(即使用大小寫字母,數字和符號的組合密碼)用於您的帳戶,並應妥善保管您的密碼以防止他人盜用。若您的帳戶未經同意被使用,或有安全性遭破壞之虞時,您應立即通知Beseye。若是您允許他人使用您的帳戶密碼,導致Beseye或其他使用者或訪客受到損害,您須對該損害負責。

若您不是此Beseye帳戶之擁有者,請勿使用該帳戶。若有違反致生損害,您須對Beseye其該帳戶之擁有者負賠償責任。

隱私權政策

Beseye隱私權政策為本使用條款之一部分,並適用於本網站之使用。檢視 Beseye之隱私權政策,請點擊這裡。依該隱私權政策,Beseye將依法妥善保管您的個人資訊;且您有權更新、修改、刪除您的個人資訊。您同意Beseye透過本網站所蒐集之個人資訊,可在Beseye或服務供應商於臺灣或其所營運之其他國家進行處理和利用。Beseye建議您:請避免任意分享、傳送或張貼隱密之個人資訊。

連結至其它網站及 Beseye 網站

本網站可能包含連接到其他第三方網站或轉介到第三方供應商經營的其他網站(以下合稱「第三方網站」),Beseye提供這些第三方網站只是為了方便顧客使用,Beseye並未經營或控制該第三方網站。

對於這些第三方網站,Beseye不保證對其進行審查、批准、監督、認可、擔保或負擔相關責任。您應自行獨立判斷是否使用這些第三方網站,並自行承擔風險。對於您使用或下載這些第三方網站的任何資料所生之任何損害(包括但不限於裝置損壞、失去資料或內容),Beseye不負賠償責任。

聲明

Beseye力求展現最新的服務、產品內容及特色商品,但不保證其服務無任何瑕疵,亦不保證即時更正所有瑕疵。Beseye依民法、消費者保護法等相關法令提供產品或服務之擔保,其餘有關品質滿意度、效能、可用性、安全性、正確性及成果之風險等不在Beseye擔保之範圍內。本網站可不定期且未經通知而變更其內容。 若您有任何意見,歡迎通知Beseye,我們將會盡力改善。

Beseye得隨時不經通知為以下之行為:

(一) 修改、暫停或終止本網站或其任何部份之開放或運作;

(二) 修改或變更本網站或其部份適用的政策或內容;

(三) 以及於有必要為定期或非定期之維修,修改錯誤,或為其他變更時,中斷本網站或其部份運作之權利。

您若於新版條款生效後繼續使用本網站時,即視同接受更新版條款。如您不同意任何更新版本,您可終止註冊及 / 或停止使用本網站。

服務限制

(一)服務中斷故障之責任

我們的目標是致力提供可靠跟高效能的服務,但並不保證在無時無刻皆能達到百分之百的可靠與效能。Beseye提供之服務若因外力遭受到中斷或故障等,且非為Beseye所得控制之情形,包含Wi-Fi之間歇性、服務供應商之正常服務時間、行動裝置之通知等等,您同意 Beseye不需為該等損害負責。

(二)不提供緊急事件處理之服務

您同意無論是單獨使用Beseye產品、服務或與第三方產品、服務連接使用,Beseye不提供對於緊急事件反應及處理。您同意Beseye產品及服務並非為緊急監控的通知系統,Beseye亦無調度緊急救援之義務。Beseye不保證使用Beseye產品及服務會影響或提升安全性。此外,Beseye客服支援無法提供緊急救援服務。如有任何危及性命和緊急事件應直接尋求適當的服務機構。

(三)通知的可靠性

您同意Beseye 之服務並非具備百分之百的可靠與效能,我們不保證您會在特定的時間或所有時間接收到通知,您同意不依賴本產品服務來用於任何危及生命安全或危急之目的。行動通知是基於您產品之狀態及警報設定而提供資訊之用途,但並不代替第三方緊急監控的通知系統。Beseye 在緊急狀況時可能會發佈異常通知,但Beseye 無法提供跟您家中或其他地方狀況有相關的特定資訊,您應自行應對緊急情況。

(四)臨時性終止

基於安全考量、系統故障、維護和修理,或其他情況可能會臨時暫停服務之情況,Beseye將不另行通知。對於因這些臨時性終止之風險,因由您承擔,Beseye不保證產品服務之具體的正常運行時間。

(五)系統要求

使用Beseye之服務需具備下列條件:(一)可運行的Wi-Fi網路,以便連接本產品及服務; (二)一組帳號; (三)行動裝置,如支援的手機或平板電腦(配合特定功能);(四)持續連線之網路;及(五)Beseye 指定之其它系統元件。提醒您:若未符合系統需求,服務可能無法正常作業。

責任範圍

除依契約及相關法令外,Beseye不負任何懲罰性違約金或間接性的損害賠償責任,包括與服務及產品有關之利益喪失。

對第三人之責任

如因您的故意或過失致第三人以您的帳戶名義利用本網站或服務上傳、發佈、傳送或經由其他方式提供任何使用者內容,致第三人權利受到侵害而向 Beseye 求償,相關費用 (包括但不限於合理的律師費及訴訟費用)將由您承擔。

違約責任

若您違反本使用條款,或為對可能對 Beseye、本網站之其他使用者之權利造成損害或干擾,您應對Beseye、本網站之其他使用者負損害賠償之責(包含但不限於合理之律師費及訴訟費用);若有任何違法情事,Beseye將向相關執法單位檢舉或告發,並與相關單位共同合作以杜絕不法。若依個人資料保護法及相關法令之規定,Beseye有揭露您個人資訊之義務,Beseye 得予以揭露。若您違反本使用條款的行為被認定違法,Beseye將停止您使用本網站之權限。Beseye有權自行判斷並依據法律規定或政府要求,配合主管機關的調查範圍內提供相關之資訊。若 Beseye 得知您有從事任何違反本使用條款內容之虞,得採取法律行動。

若因您違反使用條款或相關法令而終止服務, Beseye 無須對您或任何第三人負賠償之責。

準據法及爭端解決

您同意無論您現在居住之國家或地區為何,所有因您進入或使用本網站之相關事項所生爭議,均以臺灣(中華民國)法律為準據法。

您同意所有爭議應先以善意、盡力協商解決之,該爭議未能於合理期間(不超過 30 天)協商解決者,任何一方得將該爭議提交調解。若調解不成,您同意以臺灣臺北地方法院為第一審管轄法院,並排除其他國家或法院之管轄權。

提供產品或服務之範圍

本網站雖可由全球各地連結進入,但並非所有產品、在本網站上或透過本網站討論、推薦、提供的產品或服務,皆能開放給在各地之所有民眾購買或使用,或適合、可供在臺灣境外使用。Beseye 有權限制其所提供於任何地方之顧客之產品、服務之約定及數量。如果您選擇由臺灣境外連結至本網站,您應自行判定,並應遵守當地適用之法律。

其他規定

您不得在違反臺灣或其他任何國家之出口法令及規定或本使用條款的情況下而使用、出口或再出口任何本網站內容,或拷貝或援用本網站內容。若本使用條款之一部經法院認定為無效者,不影響其他內容之效力。

本使用條款之內容構成關於您與 Beseye 之間協議之一部分,並取代其他書面、口頭協議或先前存在之理解與共識。

回應及通知

Beseye對於您於本網站之公開回應,得在法令限制規範內使用該資訊。Beseye可能會透過任何形式通知您,包括於本網站公告、電子郵件或郵寄至您的聯絡地址。您須維護您的電子郵件地址及郵寄地址的正確與時效性,並且隨時查閱本網站之公告。

著作權與商標聲明

除使用者之個人資訊外,所有本網站內容之著作權均屬於Beseye Cloud Security Co., Ltd. 雲守護安控股份有限公司(10453中華民國臺灣台北市中山區林森北路554號8樓)和/或其供應商所有。本網站內容均受著作權與其他智慧財產權法令之保護。Beseye 和/或其供應商擁有本網站、Beseye 內容、意見反應與任何軟體(包括透過本網站下載至您的裝置之任何更新與升級)之所有權、著作權與其他智慧財產權。Beseye 名稱與圖樣以及與本網站相關之其他 Beseye 產品名稱及服務,皆為Beseye Cloud Security Co., Ltd. 雲守護安控股份有限公司之商標或商譽。所有其他本網站中提及之公司名稱、產品名稱、服務名稱、商標及商譽,可能歸屬其各自之所有權人。

本網站之資訊得隨時不經通知變更。

Copyright © 2013-2017 Beseye Cloud Security Co., Ltd. All rights reserved.

Beseye Cloud Security Co., Ltd.

8F., No.554, Linsen N. Rd., Zhongshan Dist., 

Taipei City 104, Taiwan (R.O.C)

本使用條款由 Beseye 法務部門最近之更新日期:2017 年 9 月 18 日

Last modified on 18 September 2017

 

PLEASE READ THESE TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY BESEYE, INC. (“BESEYE,” “WE,” “US,” “OUR”). BY VISITING BESEYE’S WEBSITE OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND ARE A PARTY TO THE TERMS AND CONDITIONS (INCLUDING BESEYE’S PRIVACY POLICY, WHICH IS HEREBY INCORPORATED BY REFERENCE) OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES. USE OF BESEYE’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. TO REJECT THESE TERMS, YOU MUST DELETE THE APPLICATION FROM YOUR MOBILE DEVICE IMMEDIATELY, AND RETURN ANY CAMERAS OR OTHER PRODUCTS THAT YOU HAVE PURCHASED (THE “PRODUCT”) WITHIN SEVEN (7) DAYS OF THE DATE YOU PURCHASED THE PRODUCT. IF YOU PURCHASED THE PRODUCT FROM THE WWW. BESEYE .COM WEBSITE, PLEASE CONTACT SUPPORT FOR FURTHER INSTRUCTIONS ON RETURNING A PRODUCT DUE TO YOUR REJECTION OF THESE TERMS.

ACCESS TO THE SERVICES

The www. beseye.com website, mobile application, and any other linked pages, features, content, or application services offered from time to time by Beseye in connection therewith (collectively, the “Website”) are owned and operated by Beseye. Subject to the terms and conditions of this Agreement, we may offer to provide certain services, as described more fully on the Website, and that have been selected by you (together with the Website, the “Services”), solely for your own use, and not for the use or benefit of any third party. The term “Services” includes, without limitation, use of the Website (including in connection with Beseye’s hardware products), any service we perform for you, and the Content (as defined below) offered by us on the Website. We may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You may only use the Services and the Product for your own personal, non-commercial use, and not for the use or benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. You may only use the Product in connection with the Services, and for no other use. Any software component embodied in the Product is licensed to you, and not sold. We reserve the right, in our sole discretion, to modify this Agreement at any time by posting a notice on the Website, by sending you a notice via email or postal mail, or by some other appropriate means. You shall be responsible for reviewing and becoming familiar with any such modifications. If you don’t agree with the new Agreement, you are free to reject them; however, if you do reject the new Agreement, you will no longer be able to use the Services. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.

We do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Services. If you are under 18, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any personal information to Beseye or on the Services. If we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at  support@beseye.com.

You represent and warrant to us that: (i) you are of legal age to form a binding contract; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

WEBSITE AND SERVICES CONTENT

The Website, the Services, and their contents are intended solely for the personal use of Services users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content,” and which includes User Submissions (as defined below))) are protected by copyright. You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it. In addition, you shall abide by 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 for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Website and the Services are protected by copyright as a collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all of these restrictions don’t apply – they do!

Other than your User Submissions (as defined below), you may download or copy the Content (and other items displayed on the Website or Services for download) for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content (other than your User Submissions) in any form. Copying or storing of any Content (other than your User Submissions) other than for personal use is expressly prohibited without prior written permission from Beseye or from the copyright holder identified in such Content’s copyright notice. If you link to the Website, we may revoke your right to so link at any time, at our sole discretion. We reserve the right to require prior written consent before linking to the Website.

In the course of using the Services, you and other users may provide us with information, which we may use in connection with the Services and which may be visible to certain other users. For example, the Service allows you to upload or post video content, and may permit you to post feedback, comments, questions, or other information on the Website or otherwise providing content, materials or information to Beseye or in connection with the Services (collectively, “User Submissions”). You hereby grant us with a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right to exploit such User Submissions (including all related intellectual property rights) solely in connection with providing you the Services and as directed by you. You also hereby do and shall grant each user of the Services a non-exclusive license to access and use your User Submissions through the Services and as permitted through the functionality of the Services and under this Agreement. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Beseye does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing. We will only share your personally identifiable information in accordance with our Privacy Policy located at https://www.beseye.com/us/support

You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Beseye will not be liable for any errors or omissions in any content. You understand that Beseye cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we cannot guarantee the authenticity of any data that users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services..

Under no circumstances will Beseye be 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 in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

RESTRICTIONS

You warrant, represent and agree that you will not contribute any Content or User Submissions or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Beseye; (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; (vi) jeopardizes the security of your Beseye account or anyone else’s (such as allowing someone else to log in to the Services as you; (vii) attempts, in any manner, to obtain the password, account, or other security information from any other user; (viii) violates the security of any computer network, or cracks any passwords or security encryption codes; (ix) runs Maillist, Listserv, or any form of auto-responder or “spam” on the Services, or any processes that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); (x) copies or stores any significant portion of the Content; or (xi) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

Beseye reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Beseye, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

WARRANTY; WARRANTY DISCLAIMER

LIMITED WARRANTY

If you have purchased a Product from Beseye, subject to your compliance with this Agreement, Beseye warrants to and only to you that the Product will be free from defects in materials and workmanship for one (1) year from the date of your purchase of the Product. This warranty does not cover damage outside Beseye’s control, including without limitation damage caused by misuse, accident, abuse, use other than as intended and described in the Product documentation, normal wear and tear, tampering, or service performed on the Product by a service provider not expressly authorized by Beseye.

Beseye’s sole and exclusive liability (and your sole and exclusive remedy) under the foregoing warranty shall be to repair or replace the Product, as determined by Beseye in its sole discretion. If you believe Beseye has breached the foregoing warranty, please refer to the warranty replacement policy located at https://www.beseye.com/us/warranty

Warranty Disclaimer. Beseye has no special relationship with or fiduciary duty to you. You acknowledge that Beseye has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Beseye from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Beseye makes no representations concerning any content contained in or accessed through the Services, and Beseye will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Beseye makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services.

EXCEPT AS EXPRESSLY SET FORTH ABOVE IN SECTION 4.1, THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

This Limited Warranty Statement gives you specific legal rights. You may also have other rights which vary from country to country. To the extent that this Limited Warranty Statement is inconsistent with local law, this Statement shall be deemed modified to be consistent with such local law. Under such local law, certain disclaimers and limitations of this Warranty Statement may not apply to you. THE TERMS IN THIS WARRANTY STATEMENT, EXCEPT TO THE EXTENT LAWFULLY PERMITTED, DO NOT EXCLUDE, RESTRICT, OR MODIFY, AND ARE IN ADDITION TO, THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE SALE OF THE PRODUCTS TO SUCH CUSTOMERS.

PRIVACY POLICY

For information regarding Beseye’s treatment of personally identifiable information, please review our current Privacy Policy athttps://www.beseye.com/us/support ; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by Beseye’s Privacy Policy.

REGISTRATION AND SECURITY

As a condition to using the Product or some aspects of the Services, you may be required to register with Beseye and select a password and user name (“Beseye User ID”). You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Beseye User ID a name of another person with the intent to impersonate that person; or (ii) use as a Beseye User ID a name subject to any rights of a person other than you without appropriate authorization. We reserve the right to refuse registration of or cancel a Beseye User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.

INDEMNITY

You will indemnify and hold Beseye, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW AND EXCEPT FOR THE OBLIGATIONS SPECIFICALLY SET FORTH IN THE LIMITED WARRANTY STATEMENT, IN NO EVENT SHALL BESEYE OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SERVICES AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND BESEYE’S REASONABLE CONTROL. SOME STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

FEES AND PAYMENT

Certain aspects of the Services may be provided for a fee. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. Beseye reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. If you have purchased your Product from us, please refer to your Product documentation for returns and warranty information, or contact support.

You can use your account to choose which camera you would like to upgrade as it is part of the cloud service subscription. You will be charged automatically on the day you buy the cloud service and then be charged monthly or annually until you cancel your subscription. You are responsible for all applicable taxes; you will be charged for taxes when necessary.

No Refund Statement

Free return within seven days is not applicable to software services. Beseye cloud subscription may be canceled at any time, but there will be no refunds.

RETURNS

If you purchased your Product directly from Beseye, you may return your Product to Beseye in accordance with the terms of return policy located at https://www.beseye.com/return_policy. If you would like to return your Product because you believe it is in breach of the warranty provided herein, please refer to the procedures in Section 4.

THIRD PARTY WEBSITES

The Services may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by Beseye. When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. We have no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, we will not and cannot monitor, verify, censor or edit the content of any Third Party Website.

By using the Services, you expressly relieve and hold harmless Beseye from any and all liability arising from your use of any Third Party Website. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Beseye shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Beseye is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Beseye, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

TERMINATION

This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. We may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. We may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

MISCELLANEOUS

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Beseye shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Beseye’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent. Beseye may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Beseye in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. ARBITRATION; GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND BESEYE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.

COPYRIGHT DISPUTE POLICY Beseye has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Beseye’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is Beseye’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements: If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing all of the following information to the Designated Agent listed below:

· A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

· Identification of works or materials being infringed;

· Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Beseye is capable of finding and verifying its existence;

· Contact information about the notifier, including address, telephone number and, if available, email address;

· A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and

· A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once proper bona fide infringement notification is received by the Designated Agent, it is Beseye’s policy:

· to remove or disable access to the infringing material;

· to notify the content provider, member or user that it has removed or disabled access to the material; and

· that repeat offenders will have the infringing material removed from the system and that Beseye will terminate such content provider’s, member’s or user’s access to the Services.

Procedure to Supply a Counter-Notice to the Designated Agent:

· If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, may send a counter-notice containing the following information to the Designated Agent listed below:

· A physical or electronic signature of the content provider, member or user;

· Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

· A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

· Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Beseye is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Beseye may send a copy of the counter-notice to the original complaining party informing that person that Beseye may replace the removed material or cease disabling it in 10 to 14 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Beseye’s discretion.

Please contact Beseye’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

Beseye Cloud Security Co.,Ltd.  
8F., No.554, Linsen N. Rd., Zhongshan Dist.,

Taipei City 104, Taiwan (R.O.C.)

APPLE DEVICE AND APPLICATION TERMS

In the event you are using the Services in connection with a device provided by Apple, Inc. (“Apple”) or a Beseye application obtained through the Apple App Store (collectively, such uses are henceforth the “Application”), the following shall apply:

· Both you and Beseye acknowledge that this Agreement is concluded between you and Beseye only, and not with Apple, and that Apple is not responsible for the Application or the Content;

· The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service;

· You will only use the Application in connection with an Apple device that you own or control;

· You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

· In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

· You acknowledge and agree that Beseye, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

· You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Beseye, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

· You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

· Both you and Beseye acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and

· Both you and Beseye acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.

CONTACT

If you have any questions, complaints, or claims with respect to the Services, you may contact us at:

Beseye Cloud Security Co.,Ltd.  
8F., No.554, Linsen N. Rd., Zhongshan Dist.,

Taipei City 104, Taiwan (R.O.C.)

Email: support@beseye.com

Effective: 18 September 2017