TERMS OF SERVICE

TERMS OF SERVICE

This website is owned and operated by iseeBell, Inc. and its subsidiaries and affiliates (collectively “iseeBell,” “ISEEBELL” “we,” “us,” or “our”). These Terms of Service (“Terms”) and our Privacy Policy govern your legal rights to use or access our services, software, mobile application, and this website (collectively “Services”) in conjunction with our hardware products or devices (“Products”). Please read these Terms and our Privacy Policy carefully before using the Services. By using or accessing our Services, you signify your acknowledgement and assent to the terms and conditions of use set forth below. These Terms and the Privacy Policy (together with other user agreements, where applicable) constitute a binding legal agreement between you and iseeBell (this “Agreement”). If you do not agree with these Terms, you should not use our Services. Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against iseeBell on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

GENERAL

These Terms represent the entire understanding relating to your use of the Services and prevail over any prior or contemporaneous, conflicting, or additional communications between you and iseeBell. All rights not expressly granted herein are reserved by iseeBell. Specific areas or pages of this website may include additional or different terms relating to the use of our Services. In the event of a conflict between such specific terms and these Terms, the specific terms shall control.

You represent and warrant that you are of legal age to form a binding contract (or, if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). In no event is use of the Services permitted by those under the age of 13. If you are using the Services as the employee or agent of an organization or entity, you are agreeing to these Terms on behalf of that organization and entity, and you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

To use the Services, you may be required to sign up for an account, and select a password and user name (“User ID”). You represent and warrant that you will provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

ACCESS AND USE

All right, title, and interest in the Services and the content provided through the Services (including information, documents, logos, graphics, designs, and images) (the “Content”) are owned by iseeBell, its licensors, or designated third parties. Subject to these Terms, iseeBell grants you a limited, non-transferable, non-exclusive right to access and use the Services for the sole purpose of monitoring and controlling our product(s) installed on your property (e.g., ISEEBELL® Video Doorbell) and solely for your personal, non-commercial use.

Privacy and other laws applicable in your jurisdiction may impose certain responsibilities on you and your use of the Products and Services. You agree that it is your responsibility, and not the responsibility of iseeBell, to ensure that you comply with any applicable laws when you use the Products and Services, including but not limited to (1) any laws relating to the recording or sharing of video or audio content, and/or (2) any laws requiring that notice be given to or that consent be obtained from third parties with respect to your use of the Products or Services. If your use of the Services or any Products 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 or any Products in a way that breaks the law. Also, you will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account. Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or Products or interact with the Services or Products in a manner that:

  1. Infringes or violates the intellectual property rights or any other rights of anyone else (including us);

  2. Violates any law or regulation, including any applicable export control laws;

  3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

  4. Jeopardizes the security of your iseeBell account or anyone else’s (such as allowing someone else to log in to the Services as you);

e . Attempts, in any manner, to obtain the password, account, or other security information from any other user;

  1. Violates the security of any computer network, or cracks any passwords or security encryption codes;

  2. Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

  3. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or content (through use of manual or automated means);

  4. Copies or stores any significant portion of the content;

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

CHANGES TO THE AGREEMENT AND SERVICES

iseeBell is free to revise these Terms or any other part of the Agreement at any time by updating this page. If we make changes to these Terms that we consider material, we will make reasonable efforts to notify you through the Services. By continuing to use our Services after such changes, you are expressing your acknowledgement and acceptance of the changes. Please check these Terms periodically for updates. We’re always trying to improve the Products and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. Similarly, we reserve the right to remove any content from the Services at any time, for any reason, in our sole discretion, and without notice.

We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

TRADEMARKS AND COPYRIGHTS

Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of iseeBell or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners. Except as otherwise noted, iseeBell is the owner of all trademarks and service marks on this website, whether registered or not. iseeBell expressly forbids the unauthorized use of its logos, trademarks, or other graphics to create links. All registered trademarks are registered in the United States of America (and/or other applicable jurisdictions).

USER CONTENT

You may have the ability to publicly post or upload materials (including, without limitation, video, images, and audio) (the “Content”) captured through your use of the Products and Service. You are solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Products or Services and you represent and warrant that you have all rights necessary to do so. You hereby grant iseeBell and its licensees an unlimited, irrevocable, perpetual, worldwide right to re-use, distribute, store, copy, modify, display, sell, create derivative works from, and otherwise exploit such Content for any purpose and in any media without compensation to you. You shall not use, reproduce, modify, upload, publish, transmit, distribute, display, or otherwise exploit for any purposes whatsoever any Content 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. iseeBell reserves the right, but shall not be obligated, to remove any Content from the Services at any time in its sole and absolute discretion.

CLOUD VIDEO RECORDING

When you purchase our Product(s), you may have the option of enjoying our Cloud Video Recording Service (“Cloud Service”). Our Cloud Service automatically sends to us for storage any video footage and/or audio recording captured by the Product(s) installed on your property (“Cloud Recording(s)”), and allows you to later access your Cloud Recording(s) from your compatible device(s) for a limited period of time after such Cloud Recording(s) was created. If you turn off the Cloud Service, then we do not record any Cloud Recordings. Please note that if you elect to delete any Cloud Recording(s) from the Cloud Service, it may take us up to 24 hours to actually remove those Cloud Recordings.

FREE TRIAL AND SUBSCRIPTIONS

You may enjoy our Cloud Service in the following ways:

Free Trial. When you first set up your Product through the Services, you will be automatically enrolled in a free trial of the Cloud Service, which entitles you to access our Cloud Service without payment for a limited period of thirty (30) days from the moment that you activate such trial period by pairing your Product to your personal Wi-Fi network. At the end of the trial period, we may automatically charge you for the Cloud Service on the first day following the end of your trial, on a monthly or annual basis depending on your election when you first set up your Product. By submitting your payment details in conjunction with the trial, you agree to this charge. To avoid this charge, you must cancel your Cloud Service by either contacting us before the end of your trial period or discontinuing the Cloud Service via the ISEEBELL application or iseeBell website. If you do not enter into a paid subscription for the Cloud Service, we may (but aren’t obligated to) delete any or all of your Cloud Recordings stored on the Cloud Service.

Paid Subscriptions. When you first set up your Product through the Services, or at any time after you begin using your Product, you may enjoy our Cloud Service by enrolling in our monthly or annual subscription plan, which entitles you to access our Cloud Service for each payment period until such subscription is cancelled. When you purchase a subscription plan (i.e., monthly or annual), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to iseeBell by the method you have chosen at the recurring intervals chosen by you, until the subscription is terminated by you or by iseeBell.

Subscription fees are billed or charged on the first day of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, iseeBell reserves the right to cancel your subscription and to collect any applicable return item, rejection, or insufficient funds fee and to process any such payment by the payment method you have submitted to us.

CLOUD RECORDINGS AND PERMISSION FROM YOU

iseeBell does not claim ownership of your Cloud Recordings. You own your Cloud Recordings. However, by purchasing or using our Cloud Service, you give iseeBell the right, without any compensation or obligation to you, to access and use your Cloud Recordings for the limited purposes of providing Services to you, protecting you, improving our Products and Services, and developing new Products and Services. You also acknowledge and agree that iseeBell may access, use, preserve and/or disclose your Cloud Recordings to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if we have a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with legal process or request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent, or otherwise address security, fraud, or technical issues; or (d) protect the rights, property, or safety of iseeBell, its users, a third party, or the public as required or permitted by law.

CANCELLATIONS, REFUNDS, AND PAYMENTS

Cancellation of Subscription Services

You may cancel your Cloud Service by contacting us, at any time, with or without cause. After your cancellation, you will continue to enjoy access to the Cloud Service until the last day of your subscription period. After such subscription period ends, your Product (e.g., your iseeBell® Video Doorbell) will stop recording, but you may still be able to access your Cloud Recordings that were created within a limited period of time prior to the last day of your subscription period. After your paid subscription ends, we may (but aren’t obligated to) delete any or all of your Cloud Recordings stored on the Cloud Service.

Refund Policy

Product Refund. If, for any reason, you decide to return Product that you purchased from us for a refund, you must notify us and return the Product to us within thirty (30) days from the date the Product was delivered to the shipping address provided. Unless the Product is faulty or not as described, you will be responsible for all costs associated with returning the Product to us (including uninstallation and the cost of shipping the Product back to us). We will refund the price you paid for the Product excluding original shipping charges.

Prorated Subscription Refund. If you cancel your annual subscription at any time within the first ten (10) months of your subscription period, you will be charged the monthly subscription fee (i.e., for the monthly subscription plan) for each month of your annual subscription period prior to your cancellation, and you may be eligible for a refund for the remainder of your annual subscription fee. You are only eligible for such refund if all the following conditions are met: (i) you have cancelled your annual subscription within the first ten (10) months of your current annual subscription period, and (ii) you have returned your iseeBell Video Doorbell to us at or after such cancellation. We will not issue a refund for any unused portion of your monthly subscription.

Incorrect Payments

If we charge less than the correct or advertised amount on a transaction, we have the right for 30 days after the original transaction date, to complete subsequent transaction attempts in order to rectify the incorrect payment. Should this occur, you have the right to reject such charge and cancel your original transaction for a full refund in accordance with our Refund Policy.

SOFTWARE UPDATES

From time to time, iseeBell may develop updates, upgrades, patches, and other modifications to improve the performance of the Services and/or the Products (“Updates”). You agree that iseeBell may automatically install such Updates without providing any additional notice to you or receiving any additional consent from you.

USER COMMUNICATION

iseeBell is pleased to hear from its customers. However, we do not accept or consider any creative ideas, suggestions, or other materials related to products, services, or marketing, except in compliance with the procedures that may be outlined for idea submissions elsewhere in this website. Please do not send us any original creative materials, such as product ideas or suggestions, except in compliance with such procedures. Anything you disclose or offer to us by or through this website or our Services (“communications”), including e-mails to iseeBell or postings on interactive portions of this website, shall be deemed and shall remain the property of iseeBell. If you send us such communications, you do so on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such communications. iseeBell is free to use, for any purpose whatsoever, any communications, including but not limited to publishing, developing, manufacturing, and marketing our Services using such communications. By submitting communications to us through this website, via e-mail, or by any means other than the procedures outlined elsewhere in this website, you hereby RELEASE iseeBell from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any such communications. By uploading or otherwise providing any communications to this website or to iseeBell, you hereby grant iseeBell, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify, and create derivative works from such communications for any purpose and in any media without compensation to you.

PRODUCTS AND SOFTWARE

Downloading software from available sources on-line does not give you title to such software, including any files, data, and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software on this website. Software available on this website is copyrighted by iseeBell or its licensor(s), and may be protected by one or more patents owned by iseeBell or its licensor(s). Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software. Products and software offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.

These Terms apply to your use of all the Services, including software that may be downloaded to your smartphone or tablet to access services (“Application”) via the App Store from Apple or the Android app market from Google (the “App Store”), but the following additional terms also apply to the Applications:

  1. Both you and iseeBell acknowledge that the Terms are concluded between you and iseeBell only, and not with the App Store, and the App Store is not responsible for the Application or the Content;

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

  3. You will only use the Application in connection with a device that you own or control;

  4. You acknowledge and agree that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

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

  6. You acknowledge and agree that iseeBell, and not the App Store, is responsible for addressing any claims you or any third party may have in relation to the Application;

  7. 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, iseeBell, and not the App Store, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

  8. 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;

  9. Both you and iseeBell 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

  10. Both you and iseeBell acknowledge and agree that the App Store and its affiliated entities are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

NO REPRESENTATIONS OR WARRANTIES

iseeBell makes no representations or warranties that our Services are free of defects, viruses, or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or iseeBell’s computer systems. YOU USE THE SERVICES AT YOUR OWN RISK. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE SERVICE, AND YOU AGREE TO HOLD ISEEBELL HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON YOUR USE OF THE SERVICE, INCLUDING CLAIMS FOR LOST DATA OR CONTENT, WORK DELAYS, OR LOST PROFITS RESULTING FROM YOUR USE OF THE SERVICES.

EXCEPT FOR THE LIMITED WARRANTY PROVIDED IN CONNECTION WITH THE ISEEBELL VIDEO DOORBELL, OUR PRODUCTS AND SERVICES ARE PROVIDED ‘AS IS,’ AND ISEEBELL DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANT-ABILITY, NOR DO WE IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE OR THE SERVICES. WE DO NOT WARRANT THAT OUR PRODUCTS OR SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ISEEBELL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, THE PRODUCTS, OR THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ISEEBELL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PRODUCTS OR SERVICES AT ISSUE WITHIN THE PRIOR TWELVE (12) MONTHS.

JURISDICTION AND CHOICE OF LAW

iseeBell controls and manages this website from its facilities in the Commonwealth of Massachusetts in the United States of America. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs, or services referenced on this website are legal, available, or appropriate in your country or region.

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and the United States of America, without giving effect to any principles of conflicts of law.

DISPUTE RESOLUTION

Mandatory, Bilateral Arbitration, and Waiver of Class Actions.

Please read this carefully. It affects your rights. YOU AND ISEEBELL AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICES AND OR PRODUCTS, TO THIS AGREEMENT, OR TO THE CONTENT, AND/OR ANY CLOUD RECORDING ON THE SERVICES SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or iseeBell’s right to seek injunctive or other equitable relief in state or federal court in Los Angeles to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1, et seq., and federal arbitration law apply to this Agreement and govern all questions as to whether a dispute is subject to arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms. “Disputes” shall include, but are not limited to, any claims or controversies between you and iseeBell against each other related in any way to or arising out of in any way from this Agreement, the Services, the Products, the Content, and/or Cloud Recording(s), including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and iseeBell, even if the claim arises after you or iseeBell has terminated Services or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) that iseeBell brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and iseeBell, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with iseeBell; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.

Dispute Notice

Before initiating an arbitration, you and iseeBell each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to: 1500 District Ave, Burlington, MA 01803, Attention: Legal Department, or emailed to legal@iseebell.com. We will provide a Notice of Dispute to you via the email address associated with your iseeBell account. You and iseeBell agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until a forty-five (45) day post-notice resolution period expires. If an agreement cannot be reached within such forty-five (45) days of receipt of the Notice of Dispute, you or iseeBell may commence an arbitration proceeding.

Small Claims & Government Actions

As an alternative to arbitration, you or iseeBell may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against iseeBell on your behalf.

SEVERABILITY

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

PRIVACY

Please see our Privacy Policy for information regarding the collection and use of personal information collected through our Services. Despite any representations concerning privacy, iseeBell reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

CUSTOMER SERVICE

Questions concerning these Terms, requests for cancellation, or refund of your Cloud Service subscription, or other requests or questions should be directed to the contact point specified at the end of these Terms.

iseeBell, Inc. 1500 District Ave, Burlington, MA 01803   877.354.9991

© 2019 by IseeBell, Inc. All Rights Reserved. Burlington, MA, USA

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