IMPORTANT READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and TDSS CLOUD for Internet-based services ("Services") that accompany this EULA. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY USING THE SERVICES, IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
1. Products and Services: End Users shall be required to provide their own broadband internet connection to access the Services. Their account will entitle them to access the Services in one single internet-enabled instance. If they have multiple accounts, they are eligible to receive an additional login (username/password) for each such eligible account outlined in the subscription.
2. The End User's Conduct and Use: The End User shall be solely responsible for the contents of his/her usage of the Products and local, state, national, and international laws and regulations. The End User shall:
• Not use the Services for illegal or unlawful purposes;
• Not cause loss or create service degradation for other users; • Comply with all regulations, policies and procedures of networks connected to the Services.
3. Eligibility for Use of Services: Each End User must be at least 18 years old, or the age of majority, as determined by the laws of his or her State of residency.
4. Safety and Parental Control: It is the End User's responsibility to exercise discretion and observe all safety measures required by law and their own common sense.
5. Intellectual Property: End Users must agree to not copy, decompile, disassemble, reverse engineer or manipulate any technology incorporated in the Services, or otherwise modify or tamper with, any Devices required to use the Services.
6. Security and Access to Password Protected/Secured Areas: The data transmitted between the servers and the Devices is encrypted for the End
User’s protection. However, the security of information transmitted through the Internet can never be guaranteed. End User shall agree that TDSS CLOUD and its resellers and or representatives are not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. The End User shall agree to be responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of the Products and Services.
7. Service Interruptions: The End User shall acknowledge that the Services may be unavailable or interrupted from time to time for a variety of reasons, such as environmental or topographic conditions and other things, many of which we cannot control. Services might also not be available in certain places. TDSS CLOUD, its distributors, resellers or agents are not responsible for any interruptions of the Services.
8. "As Is": THE USE OF THE SERVICES IS ENTIRELY AT END USER'S OWN RISK AND THE SERVICES IS PROVIDED "AS IS" AND “AS AVAILABLE,’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION THE RESULTS OBTAINED THROUGH THE PRODUCTS AND SERVICES. NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS MADE TO END USER REGARDING THE PRODUCTS AND SERVICES OR ANY CAMERA, SENSOR OR OTHER DEVICE OR THAT ACCESS TO OR USE OF THE PRODUCTS AND SERVICES OR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. ALL SUCH WARRANTIES (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE DISCLAIMED. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE PRODUCTS AND SERVICES PROVIDER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER CUSTOMERS OR THIRD PARTIES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED (INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF USE OF THE PRODUCTS AND SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE PRODUCTS AND SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE PRODUCTS AND SERVICES. WE WILL NOT BE LIABLE FOR ANY LOSS OF OR USE OF END USER’S DNS NAME, OR FOR INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
9. Your Risk: YOU AGREE THAT YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE IS AT YOUR SOLE RISK. YOU WILL NOT HOLD US OR OUR CONTRACTORS OR LICENSORS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE PRODUCTS AND SERVICES OR WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY OR GUARANTEE IN ANY WAY WHATSOEVER RELATING TO THE PRODUCTS AND SERVICES OR WEBSITE.
10.Third Parties: THE THIRD PARTY LINKS, SERVICES, GOODS, RESOURCES AND CONTENT, IF AVAILABLE ON THE SERVICE, ARE NOT CONTROLLED BY US. ACCORDINGLY, WE MAKE NO WARRANTIES REGARDING SUCH THIRD-PARTY SERVICES, GOODS, RESOURCES, AND CONTENT, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. WE WILL NOT BE LIABLE FOR YOUR ACCESS TO, USE OF OR DOWNLOADING OF CONTENT AVAILABLE ON OR THROUGH, THE PRODUCTS AND SERVICES.
11.Federal, State, Provincial Law: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
12.NO RENTAL/COMMERCIAL HOSTING: You may not rent, lease, lend or provide commercial hosting services with any TDSS CLOUD products or services.
13.CONSENT TO USE OF DATA: You agree that TDSS CLOUD and its affiliates may collect and use technical information gathered as part of the services provided to you, if any, related to the Services. TDSS CLOUD may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
14.Fair Usage Policy: Fair usage policy applies to the Fixed Cloud Plans. The Fixed Cloud Plans were developed to guarantee additional discounts for the customers, as well as predictability and control in the billing process. Fair usage is based on the average bandwidth consumption per month and allows for some overages. In case of excessive data consumption the specific camera plans will be automatically switched to Pay-As-You-Go plan model to reflect the total data consumed. A warning notification of the excessive bandwidth usage will be issued at the end of the month when the overage took place. EXTRA CHARGE COULD BE APPLIED.
15.LINKS TO THIRD PARTY SITES: TDSS CLOUD is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. TDSS CLOUD is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by TDSS CLOUD of the third-party site or service.
16.ADDITIONAL SOFTWARE/SERVICES: This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that TDSS CLOUD may provide to you or make available to you, unless they are accompanied by separate terms. TDSS CLOUD reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software.
17.EXPORT RESTRICTIONS: You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the products and services, including the U.S.
Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
18.TERMINATION: Without prejudice to any other rights, TDSS CLOUD may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must destroy all copies of the Software and all of its component parts.
19.APPLICABLE LAW: If you access TDSS CLOUD services in the United States, this EULA is governed by the laws of the state of Texas and, in respect of any dispute which may arise here under, you consent to the jurisdiction of the federal and municipal courts sitting in Texas, USA. If you acquired this Service in the European Union, Iceland, Norway, or Switzerland, then local law applies. If you acquired this Software in any other country, then local law may apply.
20.ENTIRE AGREEMENT; SEVERABILITY: This EULA forms the entire agreement between you and TDSS CLOUD relating to the Services and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Services or any other subject matter covered by this EULA. To the extent the terms of any TDSS CLOUD policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
21.Exclusion of All Other Terms: To the maximum extent permitted by applicable law and subject to the guarantee above, TDSS CLOUD disclaims all warranties, conditions and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to the Services.