TERMS OF SERVICE
Updated date: March 2020
AMELI and its affiliates (“AMELI”, “we”, “our”, “us”) provide following services for use in conjunction with various AMELI products (“Products”): (1) AMELI user website and user accounts that may be accessed at www.hik-connect.com, and all associated sites connected with www.hik-connect.com, excluding any third parties’ sites (the “Website”); (2) online services accessible through the Website (“Web Apps”); (3) software applications that can be downloaded to a mobile device (“Mobile Apps”); and (4) any services available on the Website, Web Apps and Mobile Apps (“Available Services”). The term “AMELI services” means the Website, Web Apps, Mobile Apps, and Available Services.
You will need to register an account via Website or Mobile Apps to access AMELI Services. For the purposes of seeking to provide you with a better experience, to improve AMELI Services or otherwise where you have consented, with such account without new registration, you may access to other services provided by AMELI over Internet and/or mobile applications. Any service-specific terms of service may apply to some services provided by AMELI, you are advised to read these Terms and any specific terms of service for your interest before using the services.
1. No Life-Safety or Critical Uses of AMELI Services
You acknowledge and agree that AMELI Services and Products are not certified for emergency response. AMELI makes no warranty or representation that use of AMELI Services or Products with any third-party’s products or services will affect or increase any level of safety or security. AMELI Services and Products are not a third-party monitored emergency notification system -- AMELI 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
AMELI reserves the right to make changes to these Terms provided certain provisions of these Terms prove to be incomplete or outdated and further provided that these changes are reasonable for you, taking into account your interests.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 AMELI 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 AMELI 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 AMELI Services or from using AMELI Services unless you are 18 years of age or older, if individual, or, have obtained the authorization, if company. You may not use AMELI 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 AMELI Services. Please contact us at firstname.lastname@example.org if you believe your child has provided us with personal information in connection with AMELI Services.
6. Creating an Account
To use your Product via AMELI 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 AMELI Services does not violate any applicable law or regulation. You have no right to transfer your Account to any other individuals in any manner. AMELI 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 AMELI Services. You must have the necessary hardware, software, and Internet access needed to register and use the Product with AMELI Services. AMELI 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 Products; (iii) an Account; (iv) always-on broadband Internet access; and (v) other system elements that may be specified by AMELI Services in connection with the specific Product. In addition, you acknowledge that AMELI 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 AMELI Services.
8. Changes to AMELI Services
AMELI may change, upgrade, discontinue, or temporarily suspend any feature or component of AMELI Services at any time without notice. AMELI cannot guarantee and makes no warranties that any software updates can be implemented on any Product or that changes to AMELI Services will operate as intended. You acknowledge that you may be required to install software updates to use AMELI 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 AMELI Services. If you transfer a Product to a new owner, your right to use AMELI Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or AMELI 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, AMELI 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 AMELI 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 AMELI 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 AMELI Services, including the Mobile Apps and Other Software (collectively, the “Software”), (iii) copy or reproduce AMELI 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 AMELI Services; (v) use the Software and AMELI Services in any fashion that may infringe any patent, copyright, trademark, trade secret, or any other intellectual property or proprietary right of AMELI, 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, AMELI 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. AMELI reserves all rights and licenses in and to the Software not expressly granted to you under these Terms.
12. Access to AMELI Services
You may only access and use AMELI 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 AMELI Services, you shall not:
disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to, AMELI Services or any computer network;
circumvent any technological measure implemented by AMELI or any providers or any other third party (including another user of AMELI Services) to protect AMELI 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, AMELI Services, or any other system, device or property;
run Maillist, Listserv, or any form of auto-responder or “spam” on AMELI 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 AMELI Services as you).
14. Limitations of AMELI Services
AMELI Services is intended to be accessed and used for non-time-critical information and control of Products. While we strive for AMELI Services to be highly reliable and available, it is not intended to be reliable or available 100% of the time. AMELI 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 AMELI is not responsible for any damages allegedly caused by the failure or delay of AMELI Services to reflect current status of the Product, notifications, or timing of your video content.
AMELI 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. AMELI does not offer any specific uptime guarantee for AMELI Services. AMELI is not liable for any losses arising from a suspension of AMELI Services.
All information concerning AMELI Services and use of the Product with AMELI Services is provided “as is” and “as available”. AMELI does not guarantee that this information is correct or up to date. Accessing the information through AMELI Services is not a substitute for direct access to the information in or on the Product itself.
Although AMELI 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 AMELI Services Due to Reliance on Third Parties
AMELI Services relies on certain third-party products and services. For example, some aspects of AMELI Services– such as data storage, synchronization, and communication – are enabled by Amazon Web AMELI Services or other providers. As another example, we rely on mobile operating system vendors and mobile carriers to enable mobile device notifications through AMELI 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. AMELI 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 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 AMELI 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
AMELI is not responsible for third parties or their products and services, including, without limitation, any third-party’s products and services that enable AMELI Services, equipment, ISPs, carriers, the App Stores and among others.
AMELI HEREBY DISCLAIMS AND YOU HEREBY DISCHARGE, WAIVE AND RELEASE AMELI 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 AMELI, its affiliates, directors, officers, employees, shareholders, 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 AMELI Services and Product; (ii) your violation of these Terms; (iii) your violation of any law or the rights of any third party. AMELI 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, AMELI 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 AMELI 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.
AMELI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SOFTWARE OR SERVICE PROVIDED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH AMELI SERVICES (INCLUDING, BUT NOT LIMITED TO, CLOUD SERVICES) OR ANY HYPERLINKED WEBSITE OR SERVICE.
AMELI MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH AMELI SERVICES, AND AMELI WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH AMELI SERVICES. AMELI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH AMELI SERVICES.
YOU ACKNOWLEDGE THAT THE USE OF AMELI SERVICES SHALL BE CONNECTED WITH THE INTERNET, AND USE SHALL BE WHOLLY AT YOUR OWN RISK. AMELI DOES NOT REPRESENT OR GUARANTEE THAT AMELI SERVICES WILL BE FREE FROM LOSS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND AMELI DISCLAIMS ANY LIABILITY RELATING THERETO.
SURVEILLANCE, DATA PROTECTION, AND PRIVACY LAWS VARY BY JURISDICTION AND MAY IMPOSE CERTAIN RESPONSIBILITIES ON YOUR USE OF AMELI SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU (AND NOT AMELI) WILL BE RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH APPLICABLE LAWS WHERE YOU LIVE AND THAT AMELI SHALL NOT BE LIABLE IN THE EVENT THAT AMELI 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 AMELI 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 AMELI, 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 AMELI SERVICES, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY AMELI SERVICES OR BY FAILURES OF AMELI SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AMELI KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AMELI’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO AMELI SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE FEES ACTUALLY PAID BY YOU TO AMELI OR AMELI’S AUTHORIZED RESELLER FOR AMELI 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. AMELI DISCLAIMS ALL LIABILITY OF ANY KIND OF AMELI’S LICENSORS AND SUPPLIERS.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AMELI 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 AMELI arising out of or relating to these Terms or AMELI 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 AMELI, our goal is to learn about and address your concerns. You agree that you will notify AMELI about any Dispute you have with AMELI regarding these Terms or our Products or AMELI Services by contacting AMELI at firstname.lastname@example.org. 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 AMELI may bring a formal proceeding.
21. Binding Arbitration
You and AMELI agree to submit to binding arbitration all disputes and claims arising out of or relating, in any way, to these Terms or any of AMELI Services, on an individual and purely bilateral, non-class/non-representative bases. Arbitration on an individual basis is the exclusive remedy for any claims which might otherwise be brought on a class, collective or representative basis between you and AMELI. These Terms will be governed by the laws of the People’s Republic of China and shall be submitted exclusively to the China International Economic and Trade Arbitration Commission (“CIETAC”) in Beijing in accordance with CIETAC rules. Unless otherwise precluded by law, you and AMELI shall each separately pay your or its own attorneys’ fees and costs. You agree that if any provision of this arbitration agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of the arbitration agreement shall remain in full force and effect consistent with applicable law. However, the entire agreement to arbitrate shall be void if the provisions above waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason.
22. Limitation on Claims
Regardless of any statute or law to the contrary, any dispute arising out of or related to your use of AMELI 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.
23. Entire Agreement; Waiver; Severability
These Terms constitute the entire and exclusive understanding between you and AMELI with respect to the use of AMELI Services, and these terms supersede and replace any and all prior oral or written understandings or agreements between AMELI and you regarding AMELI Services. AMELI’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 AMELI’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. AMELI may freely assign or transfer these Terms without restriction.
25. Contact Us
Should you have any questions, please contact us immediately via email at email@example.com.
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