Last updated: Mar. 27, 2019
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.BY SUBSCRIPTION ON EZVIZ APPS, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
If you reside outside of regions, your agreement is with EZVIZ Inc., and if you reside in these regions, your agreement is with EZVIZ International Limited (“EZVIZ” “we”).
YOU MAY NOT ORDER OR OBTAIN CLOUDPLAY SERVICE FROM US IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING OR EZVIZ APPS BY APPLICABLE LAW.
1. Notice
CloudPlay is a fee-based EZVIZ service that records and stores video from certain EZVIZ recognized products (“Products”). To use CloudPlay Services, you need compatible hardware (such as your Products), software (latest version recommended and sometimes required) and Internet access (at your own expense, if any).Our Services’ performance may be affected by these factors.
These Terms and Conditions (“Terms”) shall govern your use of EZVIZ’s cloud storage services (“CloudPlay Services”). PLEASE READ THESE TERMS CAREFULLY. If you do not agree with these Terms, please do not use our CloudPlay Services.
These Terms are incorporated into the EZVIZ Services’ Terms of Service , which also apply when you use our CloudPlay Services.
2. Access to CloudPlay Services
When you activate any of the Products that include online data storage and/or meet certain conditions we’ll notify otherwise, you will automatically receive a trial to our Storage Services free of charge. After the trial period or if you , you may elect to purchase our CloudPlay Services on a subscription basis (e.g., monthly or annually (as applicable)) on EZVIZ App, or purchase a gift card from our authorized distributors (maybe a virtual e-card or an actual physical gift card).
Paid Subscription. If you choose to purchase a Paid Subscription for our CloudPlay Services, you agree to pay the applicable charge associated with that Subscription. You are responsible for all applicable taxes. We may suspend or cancel the Paid Subscription if we do not receive a timely and complete payment from you. Suspension or cancellation of your Subscription due to non-payment could result in a loss of access to the content in your Account.
You will be asked to provide a payment method when you register for the Paid Subscription. You can access your billing information and payment method by signing into your account on EZVIZ apps, where applicable. You agree that EZVIZ may use any updated account information regarding your selected payment method provided by your issuing bank or applicable payment network. You agree to keep your billing account and contact information current at all times. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
By providing EZVIZ with a payment method, you:
§represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate;
§authorize EZVIZ to charge you for the CloudPlay Services using your payment method; and
§authorize EZVIZ to charge you for any paid feature of the CloudPlay Services that you choose to enroll in or use.
You may view our current CloudPlay Services subscription prices on the corresponding pages of EZVIZ apps.
Gift Card redemption. YOU ACKNOWLEDGE THAT YOUR PURCHASE AND REFUND OF GIFT CARDS SHALL BE SUBJECT TO THE TERMS AND CONDITION OF THE PURCHASE AGREEMENT BETWEEN YOU AND YOUR GIFT CARD SELLER (“GIFT CARD PURCHASE AGREEMENT”), WHICH IS INDEPENDENT AND SEPARATE FROM THESE TERMS. EZVIZ SHALL NOT BE LIABLE TO YOU UNDER SUCH GIFT CARD PURCHASE AGREEMENT. YOU EXPRESSLY AGREE THAT YOUR PURCHASE OF THE GIFT CARDS IS AT YOUR SOLE RISK, AS WELL AS THE FAILURE OF REDEMPTION DUE TO THE VOID OF GIFT CARDS. GIFT CARDS CANNOT BE REDEEMED FOR CASH FROM EZVIZ.
Gift cards may only be redeemed in EZVIZ apps for CloudPlay Services. To redeem a gift card, you must enter your gift card ID (or barcode) and security code (or password) on the redemption page. Your use of the CloudPlay Services after redemption shall be subject to the service period and CloudPlay category described on your gift cards.
Currently gift cards are only sold by certain EZVIZ authorized distributors. For more information about the gift cards, for example, where and how to buy a gift card, please refer to the corresponding pages of EZVIZ apps or you can just contact us.
3. Automatic Renewal based on Paid Subscription
When you enroll in a Paid Subscription for CloudPlay Services, we will automatically renew your subscription at the end of the applicable period. In other words, we will automatically bill you from the date you subscribed to the CloudPlay Services, and on each periodic renewal until cancellation.
When you sign up for a Paid Subscription, you acknowledge and agree that you are authorizing recurring payment on either a monthly or annual basis (as applicable), and payments will be made to EZVIZ by the method and at the recurring intervals chosen by you, until the Paid Subscription is terminated by you or by EZVIZ. By authorizing recurring payments, you are authorizing EZVIZ to process such payments.
If you have signed up for a Paid Subscription that automatically renews on an annual basis, EZVIZ will notify you of the pending renewal no later than 30 days prior to the end of the initial 12-month term (and each subsequent 12-month term). If you have signed up for a Paid Subscription that automatically renews on a monthly basis, we will not notify you of any pending renewals unless there is a change to the price of the Paid Subscription.
Please note that your Paid Subscription will remain in effect until it’s cancelled or terminated. If you remove a registered payment card or a renewal charge is rejected by your financial institution, your Paid Subscription will be terminated at the end of your subscription period.
You may cancel your Paid Subscription at any time, with or without cause, by logging in your account via EZVIZ apps and following the cancellation instruction. YOU MUST CANCEL THE PAID SUBSCRIPTION BEFORE THE RENEWAL DATE TO AVOID BEING AUTOMATICALLY BILLED FOR THE RENEWAL.
4. No Refunds
If technical problems prevent or unreasonably delay delivery of CloudPlay Services, your exclusive and sole remedy is the replacement of the Services, unless the Refunds are required by law. For example, users living in the European Union have the right to cancel their Paid Subscription within 14 days of enrolling in, or renewing a Paid Subscription.
From time to time, EZVIZ may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior that entitles EZVIZ to a corresponding counterclaim.
5. Price Changes
We reserve the right to change the prices and fees associated with CloudPlay Services. We will provide notice of price and fee changes by sending a message to the email address associated with your account. Price changes will take effect at the beginning of the next payment interval. If you do not agree to the price or fee change, you must cancel the paid subscription (if applicable) and stop using the CloudPlay Services before the change takes effect.
6. Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your subscription and use of our CloudPlay Services.
7. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
8. Governing Law and Dispute Resolution
All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of 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.
You agree all disputes arising out of or relating, in any way, to these terms or your order or use of the CloudPlay Services, on an individual and purely bilateral, non-class/non-representative bases, shall be resolved by means of arbitration and shall be submitted exclusively to the China International Economic and Trade Arbitration Commission (“CIETAC”) in Beijing in accordance with CIETAC rules. The preceding provision regarding dispute resolution does not apply in certain jurisdiction where such dispute resolution may be prohibited. For example, if you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside.
You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR EZVIZ WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
9. Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
10. No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of EZVIZ.
11. No Third Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
12. Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
13. Entire Agreement
These Terms and the Terms of Service are the final and integrated agreement between you and us on the matters contained in these Terms.
EZVIZ Inc.
908 Canada Court, City of Industry, CA 91748, United States
EZVIZ International Limited
RM 19C LOCKHART CTR 301-307, LOCKHART RD WAN CHAI, HONG KONG, CHINA