'Vico Home APP' User Agreement
You control who sees your cameras and content.
Vicoo is designed to provide a way for you to view the content captured with your Vicoo cameras, including your videos and photos taken with your Vicoo cameras. You control access to your cameras and stored content. The Vicoo video monitoring systems come with various services plans, which may offer: remote viewing of your Vicoo cameras’ content; automatic recording when motion is detected; motion alerts (with links to the associated videos); video clips that are sent to your iPhone, Android phone; digital pan and zoom; video storage; and the ability to support multiple cameras. Through settings in your Vicoo account you can choose to keep your cameras, photos and videos private or allow broader access to them. Premium service plans may be offered that upgrade the aforementioned features or add additional features to your Vicoo system.
You must be at least 18 years of age to sign up for Vicoo, and by signing up for Vicoo you confirm that you are at least 18 years old. The Vicoo System does not knowingly collect or solicit personal information from anyone under the age of 18, and Vicoo does not knowingly allow such persons to register for Vicoo. If you are under 18, do not attempt to register for the Vicoo or send any information about yourself to us without parental consent. No one under age 18 may provide any personal information to Vicoo without parental consent. If we learn that we have collected personal information from somebody under age 18 without verification of parental consent, we will delete such information. If you believe that we have any information from or about a child under 18, please contact us at support＠birdkiss.co.
To read the complete Vicoo Terms of Service please see below.
Welcome to Vicoo. Vicoo is operated by Photon Sail Technologies Pte. Ltd. By using:
2.1 the Vicoo cameras and the personal video network (referred to herein as the “Vicoo System"); and
2.2 the Vicoo websites and any associated subscriptions, content services, accounts, streaming video sites, and all other web services associated with the Vicoo product.
(2.1 and 2.2 above being collectively referred to herein as the "Vicoo Services")
3. Terms of Service
Your registration of the Vicoo System through the Vicoo Websites, as well as use of the Vicoo Services, is subject to the provisions of these Terms. Any software component embodied in the Vicoo System is licensed to you, and not sold.
VICOO MAY AT ITS DISCRETION CHANGE THESE TERMS. ANY CHANGES MADE TO PROVISIONS OF THESE TERMS WILL BE UPDATED ON THE VICOO WEBSITE.WE ENCOURAGE YOU TO PERIODICALLY CHECK THE VICOO WEBSITES FOR THE CURRENT VERSION OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY CHANGES TO THESE TERMS YOU MAY CANCEL YOUR USE OF THE VICOO SERVICES IN ACCORDANCE WITH SECTION 12 OF THESE TERMS. YOUR USE OF THE VICOO SERVICES FOLLOWING NOTIFICATION OF THE CHANGE TO THE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE TE RMS, AS MODIFIED.
4. Registration Information
Registration of your Vicoo System is required. To register, you must provide the following "User Information":
An e-mail address. You agree that you are 18 years old or older and agree to provide and maintain accurate and complete User Information. Vicoo may terminate your account if you provide Vicoo with inaccurate or incomplete information. You also certify that you are legally permitted to use and access the Vicoo Services. These Terms are void where prohibited by law, and the right to access the Vicoo Services is revoked in such jurisdictions.
5. Member account, password and security
You will create a password and account designation during the Vicoo Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to
5.1 immediately notify Vicoo of any unauthorized use of your password or account or any other breach of security and
5.2 ensure that you exit from your account at the end of each session.
Vicoo will not be liable for any loss or damage arising from your failure to comply with this Section 3. Vicoo may refuse registration of or cancel Vicoo account designation in its discretion.
6. Third-Party content
Vicoo takes the ownership of all functions related to our smart cameras, but in order to provide better services to users, we also rely on or inter-operate with third-party content.
We provide third-party content as a service, but Vicoo does not control or participate in editing any third-party content, so it makes no representation or warranty about any third-party content, and your use of such third-party content is at your own risk.
You agree that Vicoo will have no liability to you or anyone else who uses your Vicoo System with regard to any Third Party Content. You also agree and declare that the Vicoo Services will not be used to illegally copy, illegally display or otherwise make illegal use of Third Party Content. Generally, authorization from the appropriate rights holder is needed prior to displaying, using, or copying Third Party Content. Unauthorized copying or distribution of copyrighted works may constitute an infringement of the copyright holders' rights.
Vicoo may terminate the accounts of users of any Vicoo service or software who infringe the copyrights, trademarks, or intellectual property rights of others. In addition, steps intended to defeat or bypass security measures designed to prevent intellectual property infringement may be illegal under comparable foreign laws. Vicoo may terminate the Vicoo accounts of users who develop or use methods to defeat or bypass such security measures and may take any other necessary or appropriate action to prevent infringement of intellectual property holders' rights.
7. Changes to your Vicoo Service
To the extent possible under the governing law, Vicoo may, at its discretion and without notice or user permission, change, add, or remove features and functionality of the Vicoo Services. If you are dissatisfied with any material changes to the Vicoo Services during a subscription, you may immediately terminate your use of the Vicoo Services and be entitled to a pro-rated refund of any of your paid for, but unused, subscription. Vicoo is under no obligation to provide any or all features and functionality to your Vicoo System and may, at its discretion, discontinue the provision of software updates to certain Vicoo Systems. Because different Vicoo Systems may support different features and functionality the level of service Vicoo provides may not be the same for each Vicoo System.
8. Service Eligibility/Parental Advisory
Use of the Vicoo Services requires that your Vicoo System has access to an always-on, broadband internet connection. To enable the Vicoo Services all Vicoo Systems must be registered at Vicoo apps, such as the official Vicoo iOS and Android apps. THE VICOO SERVICES ARE INTENDED FOR USERS WHO ARE AT LEAST 18 YEARS OF AGE OR OLDER. BECAUSE THE VICOO SERVICES MAY PROVIDE ACCESS TO VIDEO OR IMAGES THAT CONTAIN EXPLICIT CONTENT INCLUDING DEPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE. PARENTAL DISCRETION IS ADVISED FOR ALL USERS UNDER THE AGE OF 18.
9. Member Conduct
You understand that all information, data, text, software, photographs, video, messages, tags, feedback, comments, questions, other information or materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Vicoo, are entirely responsible for all Content that you capture, upload, post, email, transmit or otherwise make available via the Vicoo Services.
9.1 Vicoo does not control the Content posted via the Vicoo Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Vicoo be liable for any Content, including but not limited to,
9.1.1 any errors or omissions in any Content
9.1.2 any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Vicoo Services including viewing, copying or redistribution of the Content;
9.1.3 loss or destruction of Content; or
9.1.4 failure to comply with any and all applicable federal, state, and local laws with respect to use of the Vicoo Services including but not limited to laws related to closed-circuit television monitoring for any purpose and recording in public areas.
You also understand that Vicoo does not guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we do not guarantee the authenticity of any data that users or merchants may provide about themselves. We do not 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 Vicoo Services.
You agree not to use the Vicoo Services to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy; harm minors in any way; impersonate any person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Vicoo Services; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail, "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose; interfere with or disrupt the Vicoo Services or servers or networks connected to the Vicoo Services (including without limitation denial-of-service attacks) or disobey any requirements, procedures, policies or regulations of networks connected to the Vicoo Services; intentionally or unintentionally violate any applicable local, state, national or international law.
Vicoo does not view your private photographs or videos without your permission, but you agree that Vicoo and its designees will have the right (but not the obligation) in their sole discretion to screen and/or remove Content that is made, or attempted to be made, publicly available via the Vicoo Services. Vicoo may also refuse or remove Content from the Vicoo Services that may violate the Terms, such as those prohibitions listed in Section 7.
Without limiting the foregoing, Vicoo will have the right at any time to remove any Content that violates these Terms, is illegal, or Vicoo believes may be illegal or inappropriate (including, but not limited to, removal upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
9.2 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. You acknowledge, consent and agree that Vicoo may access, preserve and disclose your account information and/or Content if required to do so by law or in a belief that such access, preservation or disclosure is reasonably necessary to
9.2.1 comply with legal process, including without limitation subpoenas and search warrants
9.2.2 enforce these Terms
9.2.3 respond to claims that any Content violates the rights of third parties
9.2.4 respond to your requests for customer service or
9.2.5 protect the rights, property or personal safety of Vicoo, its users and the public.
9.3 You understand that the technical processing and transmission of the Vicoo Services, including your Content, may involve
9.3.1 transmissions over various networks and
9.3.2 changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Vicoo Services and software embodied within the Vicoo Services may include security components that permit digital materials to be protected and that use of these materials is subject to usage rules set by Vicoo and/or content providers who provide content to the Vicoo Services.
You may not attempt to override or circumvent any of the usage rules embedded into the Vicoo Services. Any unauthorized or illegal reproduction, publication, further distribution or public exhibition of the materials provided on the Vicoo Services, in whole or in part, is prohibited.
10. Content submitted or made available for inclusion on the Vicoo Services
Vicoo does not claim ownership of Content you submit or make available for inclusion on the Vicoo Services. Nevertheless, as permitted through the functionality of the Vicoo Services and under these Terms, you grant Vicoo the right to transmit, process, adapt and maintain a copy of the Contents in a security-enhanced and/or encrypted manner, solely in connection with providing you the Vicoo Services, or for archival and legal purposes.
When you use a third-party application, the application may ask for your permission to access your Vicoo content and information in order for the application to work as intended. Your agreement with the provider of that application will control how the application can use, store, and transfer that content and information, so be sure to thoroughly read any such application’s terms of service and only use applications from trusted providers. For clarity, the foregoing license grants to Vicoo do not affect your ownership of or right to grant additional licenses to the material in your Content, unless otherwise agreed in writing.
11. Internet service provider and cell phone charges
The Vicoo Services require the use of a broadband Internet connection. You are responsible for any service charges for your internet connection or data plan incurred as a result of using or accessing the Vicoo Services and acknowledge and agree that you will be solely responsible for all disputes with any internet service or cell phone provider relating to same. In particular, streaming and viewing recorded videos and the use of the apps may incur extra and substantial charges on devices that use a data plan. Vicoo is not responsible for and does not make any assurances about the availability, functionality, or cost of any broadband internet connection or other data plan.
12. Using the Vicoo Services
You may access and use the Vicoo Services only with a Vicoo System that is authorized to communicate with the Vicoo Websites. You agree not to tamper with or otherwise modify your Vicoo System. Except as expressly provided in these Terms, you may not transfer the Vicoo Services or the right to receive them. By using the Vicoo Services you agree to receive all software updates and upgrades that Vicoo sends to your Vicoo System. If you disable the automatic upgrade feature of the Vicoo System then certain functionality of the Vicoo System may be adversely impacted. Even if you disable the automatic upgrade feature of your Vicoo System, Vicoo may still implement critical Vicoo System updates; updates for Vicoo applications running on your iPhone or Android phone; and Vicoo back end service updates. If your Vicoo System accesses the Vicoo Websites (regardless of your payment or subscription status) you acknowledge and agree that you are a user of the Vicoo Services and are bound by the provisions of these Terms.
13. Termination of service
You may request termination of your account and your right to use the Vicoo Services at any time without limitation. The Vicoo Services will be terminated within approximately 5 business days after your request. Any unused Vicoo Services fees (if applicable), including subscription fees, may not be refundable under this method of termination. Upon termination of your account, certain information may not immediately be deleted from Vicoo's or its agents’ systems, including without limitation log entries, diagnostics, analytics coming from devices tied to the user; transaction details of the account; or information subject to search warrant, subpoenas, or other legal processes.
Notwithstanding anything to the contrary in these Terms, Vicoo retains the absolute right to immediately terminate your account if the subscription charges are refused for any reason(if applicable), if you breach any provision of these Terms, if you misuse the Vicoo Services, and/or if you alter your Vicoo System or use the Vicoo Services or software in such a manner as to infringe upon the intellectual property rights of Vicoo and/or its subsidiaries and affiliates or any third party.
In addition, Vicoo may terminate your account and these Terms for any other reason if Vicoo gives you at least 30 days advance notice of such termination. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges(if applicable) relating to your use of the Vicoo Services before termination, and Vicoo will give you a pro-rated refund of any of your paid for, but unused, Vicoo Services fees that will remain unused because of Vicoo's termination under this method of termination. Termination of the Vicoo Services may result in the forfeiture and destruction of all information associated with your membership, including Content.
All provisions of these Terms which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Vicoo may provide you with notices, including those regarding changes to these Terms, by email, regular mail, text message, postings or updates to the Vicoo Websites or other reasonable means now known or hereinafter developed.
15. Title to software and intellectual property
You may need to use certain software programs in your Vicoo System to use or have full access to certain features of the Vicoo Services. You are required to accept and use the software included in your Vicoo System at the time of purchase and other software programs that may be delivered to your Vicoo System by Vicoo from time to time. Vicoo and/or its subsidiaries, affiliates, and licensors retain title to and ownership of all the software for the Vicoo System and certain intellectual property rights in the Vicoo System. Vicoo and/or its affiliates also retain ownership of all Vicoo copyrights, trademarks and other intellectual property. In the case of third party software delivered by Vicoo and/or its subsidiaries and affiliates to the Vicoo System, the applicable third party retains title to and ownership of its software, copyrights, trademarks and other intellectual property.
Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute or use for other purposes the Vicoo System or the software of the Vicoo System is strictly prohibited, unless such prohibition is not allowed under the applicable law. If you install any Vicoo software applications on your home computer ownership and the other terms of such use are governed by the applicable End User License Agreement to which you must agree prior to installation.
16. Notice and procedure for making claims of copyright or intellectual property Infringement
Vicoo respects the intellectual property of others and we require our users to do the same. Vicoo may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeated intellectual property infringers. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated please provide Vicoo with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
a description of the copyrighted work or other intellectual property interest that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
Please mail this information to:
Photon Sail Technologies Pte. Ltd.
500 Terry Francois Street San Francisco, CA 94158
You may provide a link to your personal Vicoo site. Any link to any Vicoo Service must be to its home or top-level page.
The Vicoo Services may provide, or third parties may provide, links to other worldwide websites or resources. Because Vicoo has no control over such sites and resources you agree that Vicoo is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further agree that Vicoo will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.
18. Special admonitions for international use
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
19. No resale of Vicoo Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the Vicoo Services (including your Vicoo ID), use of the Vicoo Services or access to the Vicoo Services.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS VICOO AND ITS SUBSIDIARIES AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCLUDING BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST Vicoo AND ITS SUBSIDIARIES AND AFFILIATES OR THE VICOO SERVICES, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY PROVISION OF THESE TERMS, YOUR MISUSE OF THE VICOO OR VICOO SERVICES, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF VICOO PRODUCTS OR SOFTWARE.
21. Warranty and Warranty disclaimer
Vicoo has a limited warranty on the Vicoo cameras whereby Vicoo warrants to and only to you that the Vicoo cameras will be free from defects in materials and workmanship for one (1) year from the date of your purchase of the Vicoo cameras (unless a longer warranty period is required by law).
Batteries and battery replacement is excluded from all Vicoo warranties. It is your sole responsibility to maintain and replace the Vicoo batteries. Vicoo recommends that you carefully read and follow the owner’s manual, instructions and warnings for all Vicoo equipment. Use of only high-quality, non-counterfeit, and non-rechargeable batteries is recommended. The use of rechargeable batteries or inferior-quality batteries that cause damage to your Vicoo camera system will void the warranty. Repair or modification of the product by anyone other than Vicoo or a Vicoo approved agent will void the warranty.
TO THE EXTENT POSSIBLE UNDER GOVERNING LAW, OTHER THAN THE ABOVE PRODUCT WARRANTY FOR THE VICOO CAMERAS AND BASE STATION DEVICES, YOU UNDERSTAND AND AGREE THAT THE VICOO SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VICOO MAKES NO WARRANTY THAT THE VICOO SERVICES WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE VICOO SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE NOR DOES VICOO MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE VICOO SERVICES (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE VICOO SERVICES WILL BE CORRECTED OR THAT THE VICOO PRODUCTS OR VICOO SERVICES WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, VICOO DOES NOT WARRANT THAT THE VICOO SERVICES OR THE VICOO SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VICOO ALSO ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES THAT MAY INFECT YOUR VICOO BASE STATION, COMPUTER SOFTWARE, OR OTHER HARDWARE.
YOU AGREE THAT VICOO IS NOT AN INSURER AND THAT VICOO IS NOT PROVIDING ME WITH INSURANCE OF ANY TYPE. ANY AMOUNTS THAT YOU PAY VICOO FOR THE VICOO SERVICE ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF YOUR PROPERTY, ANYONE ELSE’S PROPERTY LOCATED IN YOUR PREMISES, OR ANY RISK OF LOSS AT YOUR PREMISES. IF YOU WANT INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS AT YOUR PREMISES, YOU WILL PURCHASE IT. IN THE EVENT OF ANY LOSS, DAMAGE OR INJURY, YOU WILL NOT LOOK TO VICOO TO COMPENSATE YOU OR ANYONE ELSE. YOU RELEASE AND WAIVE FOR YOURSELF AND YOUR INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST VICOO ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE OR INJURY.
VICOO'S EQUIPMENT AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF CERTAIN EVENTS, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, ROBBERIES AND MEDICAL PROBLEMS. VICOO MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE VICOO EQUIPMENT AND SERVICES PROVIDED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. VICOO DOES NOT UNDERTAKE ANY RISK THAT YOU OR YOUR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH YOU, NOT VICOO.
OTHER THAN THE ABOVE PRODUCT WARRANTY FOR THE VICOO CAMERAS AND BASE STATION DEVICES, VICOO AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE VICOO SERVICES, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, THE LAST SENTENCE OF THIS SECTION MAY NOT APPLY TO YOU. VICOO HEREBY FURTHER EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS FOR SERVICE FAILURES THAT ARE DUE TO NORMAL PRODUCT WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION OR YOUR NON-COMPLIANCE WITH ANY AND ALL APPLICABLE FEDERAL, STATE OR LOCAL LAWS. THIS WARRANTY AND WARRANTY DISCLAIMER GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY STATE, PROVINCE, OR COUNTRY. OTHER THAN AS PERMITTED BY LAW, VICOO DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR STATE, PROVINCE, OR COUNTRY.
22. No third-party beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms.
23. Limitations of Vicoo's liability
Under no circumstances will Vicoo be liable in any way for any Content, including, but not limited to, the loss of Content, 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 Vicoo Services.
Vicoo's liability for damages, especially for breach of duty or obligation, delay in performance, non-performance, or malperformance shall be precluded, except when these are due to negligent breaches of any significant contractual duty or obligation on the part of Vicoo. Any liability for negligence is limited to direct losses usually and typically foreseeable in such case. Should the claim for damages be based on a wilful or grossly negligent breach of contractual duty or obligation on the part of Vicoo, the preclusion and limitation of liability mentioned in the preceding sentences WIll not apply. The preceding preclusion and limitation of liability WILL also not apply to claims for damages arising out of loss of life, bodily injury or health impacts for which Vicoo may be liable, or for non-contractual liability.
Some states and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Additionally, this provision is not intended to limit Vicoo's liability in the event of Vicoo's willful or intentional misconduct. Moreover, if Vicoo mistakenly or wrongfully overcharges your account, this section does not limit Vicoo's ability to refund such mistakenly or wrongfully overcharged amounts.
24. General Information
Entire Agreement. These Terms constitute the entire agreement between you and Vicoo and govern your use of the Vicoo Services superseding any prior agreements between you and Vicoo with respect to the Vicoo Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Vicoo Services, affiliate services, third-party content or third-party software.
Choice of Law. These Terms shall be governed by, and construed in accordance with, the laws of China, without regard to principles of conflicts of law thereunder.
24.1 Any dispute, controversy or, claim or difference of any kind whatsoever arising out of, relating to or in connection with these Terms, including the existence, validity, interpretation, performance, breach or termination thereof, the validity, scope and enforceability of this arbitration provision and any dispute regarding no-contractual obligations arising out of or relating to it (each, a “Dispute”) shall be resolved at the first instance through consultation between the parties to such Dispute. Such consultation shall begin immediately after any party has delivered written notice to the other party(ies) to the Dispute requesting such consultation.
24.2 In the event a Dispute is not resolved within thirty (30) days following the date on which a notice for consultation is given or upon the written notice of any party to the Dispute notifying that such consultation has failed, such Dispute shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Center (the “HKIAC”) in accordance with the HKIAC Administered Arbitration Rules in force at the time of the commencement of the arbitration. However, if such rules are in conflict with the provisions of this Section, including the provisions concerning the appointment of arbitrators, the provisions of this Section shall prevail.
24.3 The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong.
24.4 The number of arbitrators shall be three (3) and the language of the arbitration proceedings and written decisions or correspondence shall be English.
24.5 The arbitration tribunal shall not have the power to award injunctive relief or any other equitable remedy of any kind against any Investor unless such award both (i) is expressly appealable to and subject to de novo review by the courts of Hong Kong, and (ii) would not, if upheld, have the effect of impairing, restricting, or imposing any conditions on the right or ability of such Investor or its Affiliates to conduct its respective business operation.
24.6 The prevailing party shall be entitled to reasonable attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Waiver and Severability of Terms. The failure of Vicoo to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of these Terms remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Vicoo account is nontransferable and any rights to your Vicoo ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
The following Vicoo entity is responsible for delivering the Vicoo Services depending on where you are using the Vicoo System
Photon Sail Technologies Pte. Ltd. All Other International Territories (including but not limited to Europe, Middle East, Africa, Asia Pacific, Australia and New Zealand)
Thus, if you have any questions, complaints, or claims with respect to the Vicoo Services, you may contact us at:
500 Terry Francois Street San Francisco, CA 94158
26. Vicoo Terms of Service Addendum
If you are a subscriber to a Vicoo Service then the below addition Vicoo Service Terms apply.
PLEASE READ THESE TERMS CAREFULLY AND IN FULL. THEY CONTAIN CERTAIN CONDITIONS AND RESTRICTIONS ON THE AVAILABILITY AND USE OF THE Vicoo SERVICE YOU ARE ACTIVATING ("Vicoo Service").
These "Vicoo Service Terms" supplement the Vicoo Terms and Conditions ("Vicoo Terms" or "Terms"), which will otherwise apply in full force and effect, subject to any additional terms set forth herein. In the event of any inconsistency between the Vicoo Service Terms and the Vicoo Terms, the terms and provisions of the Vicoo Service Terms will govern and control.
Duration. You may cancel your Vicoo Service or delete your Vicoo account at any time, upon which you will lose access to the Vicoo Service and/or Vicoo account. To take any of these actions, log into your Vicoo account and follow the prompts on the account page.
Privacy. If your Vicoo Service utilizes facial recognition, object recognition, and other artificial intelligence capabilities then When Vicoo provides some important functions such as Cloud Storage, Intelligent Analysis and other services, may capture digital images, videos, sounds, and use information provided by your Vicoo system. Vicoo automatically may compare these captured images and sounds to databases of stored records. You explicitly agree that such data may be captured by your Vicoo system and used and analyzed by the Vicoo Service. It’s a process without human intervention. However, we attach great importance to the privacy and security of users. Without the authorization of users, we will never illegally use or view any user information.
In addition to the above-described information you provide to the Vicoo system for use by the Vicoo Service, you also acknowledge and agree that you will provide other information to Vicoo, such as your email address, physical address, and credit card information. This latter information is for the purpose of activating and administering the Vicoo Services.
Payment. The credit card you provide when signing up for the Vicoo Service will automatically be charged the current price of the Vicoo Service for each subscription period until you cancel. You can cancel the Vicoo Service at any time and will be provided a pro-rated refund for the current subscription period. If Vicoo changes the monthly or other term subscription fee for the Vicoo Service in the future, we will provide you advanced notice of the price change and when it will take effect. If not cancelled, price changes will take effect at the start of the next subscription period following the date of the price change. By not canceling and continuing to use the Vicoo Service after the price change takes effect, you agree to be charged the new price. In other words, after your subscription period ends then the price for the next subscription period could be different, but the price will not be change during your current subscription period.
Disclaimer of Liability. We do not have any control over whether, or the manner in which, calls using our Vicoo Smart E911 Service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing Vicoo Smart E911 Service communications to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route communications is incorrect or yields an erroneous result. Neither Vicoo nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our Vicoo Service unless such claims or causes of action arose from our gross negligence or willful misconduct.
Additional Services. We may from time to time make additional Vicoo services (each an "Additional Service") available to Vicoo customers. In order to access such Additional Services, you may be required to take certain steps, including consent to further terms.