Terms of Service
TERMS OF SERVICE
Last Updated: January 1, 2019
These terms of service (“Terms of Service”) contain the terms under which you use services that VISIONIS ( “we”, “our”, “us”) provides over the Internet and mobile application, including VSAXESS (collectively, “VISIONIS Services”). VISIONIS Services are provided for use in conjunction with various VISIONIS Internet-connected devices (“Products”).
You will need to register an account via website or one mobile application to access VISIONIS Services. For the purposes of seeking to provide you with a better experience, to improve VISIONIS Services or otherwise where you have consented, with such account without new registration, you may access to other services provided by VISIONIS’s Affiliates over Internet and/or mobile applications. For the purpose of these Terms of Service, Affiliate” means any entities which, directly or indirectly, are in control of, are controlled by, or is under common control with VISIONIS.
These Terms of Service apply to VISIONIS Services, but any service-specific terms of service (“Additional Terms”) may apply to some services provided by VISIONIS’s Affiliates. By using HIVISION Services, you agree to accept and be bound by these Terms. If you do not accept these Terms, please do not use any of VISIONIS Services.
These Terms also govern your access to and use of VISIONIS Services, including through the Products or Services provided by VISIONIS’s Affiliates. PLEASE READ THESE TERMS CAREFULLY. If you do not agree with these Terms, do not register or use any VISIONIS Services.
1. No Life-Safety or Critical Uses of VISIONIS Services
You acknowledge and agree that VISIONIS Services and Products are not certified for emergency response. VISIONIS makes no warranty or representation that use of VISIONIS Services or Products with any third-party’s products or services will affect or increase any level of safety or security. VISIONIS Services and Products are not a third-party monitored emergency notification system — VISIONIS will not dispatch emergency authorities to the monitored place in the event of an emergency. All life threatening and emergency events should be directed to appropriate response services.
2. Electronic Contracting and Messaging
3. These Terms May Change
VISIONIS reserves the right to make changes to these Terms provided certain provisions of these Terms prove to be incomplete or outdated and further provided that these changes are reasonable for you, taking into account your interests. If we make any changes to these Terms, we will notify you by the email address specified in your Account or by means of notice on the website of any such changes which will become effective immediately upon the release. Continued use of VISIONIS Services following this notice will indicate your acknowledgment and agreement to be bound by the revised Terms.
4. Relationship to Product Warranty
These Terms govern your use of VISIONIS Services. Your purchase of any Product is governed by the limited warranty provided with that Product.
You are prohibited from registering a Product for use with VISIONIS Services or from using VISIONIS Services unless you are 18 years of age or older, if individual, or, have obtained the authorization, if company. You may not use VISIONIS Services where prohibited by applicable law. We also do not knowingly collect any information from children under the age of 18, or equivalent minimum age in the relevant jurisdiction. If you are not 18 years of age or older, you must have your parent or legal guardian register a Product or create an Account to use VISIONIS Services. Please contact us at firstname.lastname@example.org if you believe your child has provided us with personal information in connection with VISIONIS Services.
6. Creating an Account
To use your Product via VISIONIS Services, you are required to create an Account. You represent and warrant that: (i) all required registration information you submit is truthful, accurate and complete; (ii) you will maintain the accuracy, security, and confidentiality of such information; and (iii) your use of VISIONIS Services does not violate any applicable law or regulation. You have no right to transfer your Account to any other individuals in any manner. VISIONIS is not liable for any loss or damages arising from your failure to maintain the confidentiality of your Account.
7. System and Equipment Requirements
Use of certain Products or discrete functionality may require Internet access and registration to VISIONIS Services. You must have the necessary hardware, software, and Internet access needed to register and use the Product with VISIONIS Services. VISIONIS Services will not be accessible without: (i) a working network that is positioned to communicate reliably with our Products; (ii) a PC device or a mobile device with Android OS or Apple iOS to pair the Products; (iii) an Account; (iv) always-on broadband Internet access; and (v) other system elements that may be specified by VISIONIS Services in connection with the specific Product. In addition, you acknowledge that VISIONIS Services may activate Bluetooth or Wi-Fi services on your device, with or without prior notification, in order to facilitate proper registration of the Product, and connectivity and registration to VISIONIS Services.
8. Changes to VISIONIS Services
VISIONIS may change, upgrade, discontinue, or temporarily suspend any feature or component of VISIONIS Services at any time without notice. VISIONIS cannot guarantee and makes no warranties that any software updates can be implemented on any Product or that changes to VISIONIS Services will operate as intended. You acknowledge that you may be required to install software updates to use VISIONIS Services with your Product, and you agree to promptly install such updates we provide. You are solely liable for any losses arising from a failure to timely implement such updates.
9. Term and Termination
These Terms will remain in full force and effect as long as you continue to access or use VISIONIS Services. If you transfer a Product to a new owner, your right to use VISIONIS Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or VISIONIS Services under your Account. You may cancel your Account at any time by calling Customer Support at email@example.com.
Subject to your compliance with these Terms, VISIONIS grants you a revocable, limited, non-exclusive, non-transferable, non-sub-licensable license to install and use (a) our mobile applications (“Mobile Apps”), and (b) any embedded firmware in the Product and updates (“Other Software”), in each case solely in connection with your personal, non-commercial use of the Product and VISIONIS Services. You may only use the Mobile Apps on devices that you own, lease, or otherwise control. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by VISIONIS or its licensors.
11. License Restrictions
Unless as expressly permitted in these Terms, you agree not to, and you will not permit others to, (i) license, sublicense, assign, convey or transfer, the rights and licenses granted hereunder; (ii) publish, display, disclose, sell, rent, lease, store, loan, distribute, transmit, publicly display or perform, co-brand, frame, host, outsource, or otherwise commercially exploit VISIONIS Services, including the Mobile Apps and Other Software (collectively, the “Software”), (iii) copy or reproduce VISIONIS Services or Software or any part thereof, in any form; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or VISIONIS Services; (v) use the Software and VISIONIS Services in any fashion that may infringe any patent, copyright, trademark, trade secret, or any other intellectual property or proprietary right of VISIONIS, its third-party providers, or any other third party; (vi) modify, translate, adapt, disassemble, reverse engineer decompile, reverse compile, or create compilations or derivative works of, the Software, VISIONIS Services, or any part thereof (except to the extent applicable laws specifically prohibit such restriction), or (vii) use the Software or the Service for any service bureau, time-sharing, resale or similar purposes. VISIONIS reserves all rights and licenses in and to the Software not expressly granted to you under these Terms.
12. Open Source
Certain items of software included with the Products are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. Each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, VISIONIS makes such Open Source Software, and VISIONIS modifications to that Open Source Software, available by written request to VISIONIS at the email or mailing address listed below: firstname.lastname@example.org
By downloading/requesting the source code to any of the Open Source Software (“Source Code”), you agree to the following:
VISIONIS PROVIDES THE SOURCE CODE TO YOU ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOURCE CODE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VISIONIS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VISIONIS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SOURCE CODE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
13. Access to VISIONIS Services
You may only access and use VISIONIS Services solely for the purpose of (a) operating, managing, monitoring, and maintaining the Products, (b) managing your Account and preferences, and maintain your registration data.
When using VISIONIS Services, you shall not:
- disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to, VISIONIS Services or any computer network;
- circumvent any technological measure implemented by VISIONIS or any providers or any other third party (including another user of VISIONIS Services) to protect VISIONIS Services;
- upload, transmit, distribute, or run any computer virus, worm, Trojan horse, or any computer code that could damage or alter a computer, portable device, computer network, communication network, data, VISIONIS Services, or any other system, device or property;
- run Maillist, Listserv, or any form of auto-responder or “spam” on VISIONIS Services;
- attempt, in any manner, to obtain the password, account, credentials, or other security information from any other user; or
- jeopardize the security of your Account or anyone else’s account (for example, by allowing another individual to login into VISIONIS Services as you).
14. Limitations of VISIONIS Services
VISIONIS Services is intended to be accessed and used for non-time-critical information and control of Products. While we strive for VISIONIS Services to be highly reliable and available, it is not intended to be reliable or available 100% of the time. VISIONIS Services is subject to sporadic interruptions and failures for a variety of reasons beyond our control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that VISIONIS is not responsible for any damages allegedly caused by the failure or delay of VISIONIS Services to reflect current status of the Product, notifications, or timing of your video content.
VISIONIS Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, updates, adjustments, or other circumstances. You acknowledge and agree that you will not be entitled to any refund or rebate for any such suspension. VISIONIS does not offer any specific uptime guarantee for VISIONIS Services. VISIONIS is not liable for any losses arising from a suspension of VISIONIS Services.
All information concerning VISIONIS Services and use of the Product with VISIONIS Services is provided “as is” and “as available”. VISIONIS does not guarantee that this information is correct or up to date. Accessing the information through VISIONIS Services is not a substitute for direct access to the information in or on the Product itself.
Although VISIONIS cares about the security, integrity, and availability of your video content and personal information, we cannot guarantee the security of your personal information. You acknowledge that you provide your video content and your personal information at your own risk.
15. Limitations of VISIONIS Services Due to Reliance on Third Parties
VISIONIS Services relies on certain third-party products and services. For example, some aspects of VISIONIS Services– such as data storage, synchronization, and communication – are enabled by Amazon Web VISIONIS Services or other providers. As another example, we rely on mobile operating system vendors and mobile carriers to enable mobile device notifications through VISIONIS Services. These third-party’s products and services are beyond our control, and their operation may not operate in a reliable manner or be available 100 % of the time. VISIONIS is not responsible for any damages and losses due to the operation of these third-party’s products and services.
You acknowledge and agree that the availability of the Mobile Apps is dependent on the third-party Web services from which you download the Mobile Apps – for example, the Android app market from Google or the App Store from Apple (each an “App Store”). You acknowledge that these Terms are between you and VISIONIS and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from that App Store. You agree to comply with, and your license to use the Mobile Apps, is conditioned upon your compliance and agreement with such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
16. Release Regarding Third Parties
VISIONIS is not responsible for third parties or their products and services, including, without limitation, any third-party’s products and services that enable VISIONIS Services, equipment, ISPs, carriers, the App Stores and among others.
VISIONIS HEREBY DISCLAIMS AND YOU HEREBY DISCHARGE, WAIVE AND RELEASE VISIONIS AND ITS LICENSORS AND SUPPLIERS FROM ANY PAST, PRESENT, AND FUTURE CLAIMS, LIABILITIES, AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO YOUR INTERACTIONS WITH SUCH THIRD PARTIES AND THEIR PRODUCTS AND SERVICES.
You agree to defend, indemnify, and hold VISIONIS, its directors, officers, employees, shareholders, affiliates, contractors, agents, licensors, and suppliers harmless from any damages, liabilities, claims, demands, losses, or expenses, including attorneys’ fees, made by any third party due to or arising out of or in connection with (i) your use of VISIONIS Services and Product; (ii) your violation of these Terms; (iii) your violation of any law or the rights of any third party. VISIONIS will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
18. WARRANTY DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VISIONIS SERVICES (I.E. THE WEBSITE, THE MOBILE APPS AND SOFTWARE) ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE” WITH ALL FAULTS AND ERRORS, AND VISIONIS AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AVAILABILITY, DATA SECURITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
VISIONIS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SOFTWARE OR SERVICE PROVIDED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH VISIONIS SERVICES (INCLUDING, BUT NOT LIMITED TO, CLOUD SERVICES) OR ANY HYPERLINKED WEBSITE OR SERVICE.
VISIONIS MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH VISIONIS SERVICES, AND VISIONIS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH VISIONIS SERVICES. VISIONIS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH VISIONIS SERVICES.
YOU ACKNOWLEDGE THAT THE USE OF VISIONIS SERVICES SHALL BE CONNECTED WITH THE INTERNET, AND USE SHALL BE WHOLLY AT YOUR OWN RISK. VISIONIS DOES NOT REPRESENT OR GUARANTEE THAT VISIONIS SERVICES WILL BE FREE FROM LOSS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND VISIONIS DISCLAIMS ANY LIABILITY RELATING THERETO.
SURVEILLANCE, DATA PROTECTION, AND PRIVACY LAWS VARY BY JURISDICTION AND MAY IMPOSE CERTAIN RESPONSIBILITIES ON YOUR USE OF VISIONIS SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU (AND NOT VISIONIS) WILL BE RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH APPLICABLE LAWS WHERE YOU LIVE AND THAT VISIONIS SHALL NOT BE LIABLE IN THE EVENT THAT VISIONIS SERVICES IS USED FOR ILLEGAL PURPOSES, INCLUDING, WITHOUT LIMITATION: NON-CIVIL USE; RECORDING OR SHARING VIDEO OR AUDIO CONTENT THAT IS NOT IN CONFORMANCE WITH APPLICABLE LAW; FAILURE TO COMPLY WITH NOTICE AND CONSENT LAWS; INFRINGEMENT OF THIRD-PARTY RIGHTS; USE IN CONNECTION WITH MEDICAL TREATMENT, OR OTHER SITUATIONS WHERE VISIONIS SERVICES FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY.
19. LIMITATIONS ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VISIONIS, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA OR CONTENT, DOCUMENTATION, OR PROFITS, SERVICE INTERRUPTION, COMPUTER DAMAGE, COST OF SUBSTITUTE SERVICES, INABILITY TO USE VISIONIS SERVICES, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY VISIONIS SERVICES OR BY FAILURES OF VISIONIS SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VISIONIS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VISIONIS’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO VISIONIS SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE FEES ACTUALLY PAID BY YOU TO VISIONIS OR VISIONIS’S AUTHORIZED RESELLER FOR VISIONIS SERVICES IN THE PRIOR 6 MONTHS (IF ANY) IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. VISIONIS DISCLAIMS ALL LIABILITY OF ANY KIND OF VISIONIS’S LICENSORS AND SUPPLIERS.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VISIONIS AND YOU.
20. Dispute Resolution
You agree that these Terms and any claim, dispute, action, cause of action, issue or request for relief between you and VISIONIS arising out of or relating to these Terms or VISIONIS Services (collectively, “Disputes”) will be governed by and construed in accordance with the laws of the People’s Republic of China, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
If a Dispute arises between you and VISIONIS, our goal is to learn about and address your concerns. You agree that you will notify VISIONIS about any Dispute you have with VISIONIS regarding these Terms or our Products or VISIONIS Services by contacting VISIONIS at email@example.com. We’ll try to resolve the Dispute informally by contacting you through email. If a Dispute is not resolved within 90 (ninety) days after submission, you or VISIONIS may bring a formal proceeding.
21. Limitation on Claims
Regardless of any statute or law to the contrary, any dispute arising out of or related to your use of VISIONIS Services must be filed within one (1) year after the occurrence of the event or facts giving rise to a dispute, or you waive the right to pursue any dispute based upon such event or facts forever.
22. Entire Agreement; Waiver; Severability
These Terms constitute the entire and exclusive understanding between you and VISIONIS with respect to the use of VISIONIS Services, and these terms supersede and replace any and all prior oral or written understandings or agreements between VISIONIS and you regarding VISIONIS Services. VISIONIS’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms. If a court or tribunal should find that one or more rights or provisions set forth in these Terms are invalid, you agree that the remainder of the Terms will remain in full force and effect and that the invalid provision will be enforceable to the fullest extent permitted by law.
You may not assign or transfer these Terms and any associates rights or obligations, by operation of law, without VISIONIS’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. VISIONIS may freely assign or transfer these Terms without restriction.
24. Contact Us
Should you have any questions, please contact us immediately via email at firstname.lastname@example.org.
Copyright © 2019 VISIONIS . ALL RIGHTS RESERVED.