Updated date: November 27, 2020
These Terms of Service (“Terms”) contain the terms under which you use services that we provide over the Website www.defendercaemras.com and mobile application including 24-7, Guard, SmartSignal, Defender HD (collectively, “Services”). Services are provided for use in conjunction with various Internet-connected devices (“Products”). PLEASE READ THESE TERMS CAREFULLY. If you do not agree with these Terms, do not register or use any Services.
1. Electronic Contracting and Messaging
2. These Terms May Change
We reserve the right to make changes to these Terms provided certain provisions of these Terms prove to be incomplete or outdated and further provided that these changes are reasonable for you, taking into account your interests.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 Services following this notice will indicate your acknowledgment and agreement to be bound by the revised Terms.
3. Relationship to Product Warranty
These Terms govern your use of 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 Services or from using Services unless you are 18 years of age or older, if individual, or, have obtained the authorization, if company. You may not use 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 Services.
5. Creating an Account
To use your Product via 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 Services does not violate any applicable law or regulation. You have no right to transfer your Account to any other individuals in any manner. We are not liable for any loss or damages arising from your failure to maintain the confidentiality of your Account.
6. System and Equipment Requirements
Use of certain Products or discrete functionality may require Internet access and registration to Services. You must have the necessary hardware, software, and Internet access needed to register and use the Product with Services. 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 Services in connection with the specific Product. In addition, you acknowledge that 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 Services.
7. Changes to Services
We may change, upgrade, discontinue, or temporarily suspend any feature or component of Services at any time without notice. We cannot guarantee and makes no warranties that any software updates can be implemented on any Product or that changes to Services will operate as intended. You acknowledge that you may be required to install software updates to use 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.
8. Term and Termination
These Terms will remain in full force and effect as long as you continue to access or use Services. If you transfer a Product to a new owner, your right to use Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or Services under your Account.
Subject to your compliance with these Terms, We grant you a revocable, limited, non-exclusive, nontransferable, 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 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 us or its licensors.
10. 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 Services, including the Mobile Apps and Other Software (collectively, the “Software”), (iii) copy or reproduce 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 Services; (v) use the Software and Services in any fashion that may infringe any of our patent, copyright, trademark, trade secret, or any other intellectual property or proprietary right of us, 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, 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. We reserve all rights and licenses in and to the Software not expressly granted to you under these Terms.
11. Limitations of Services
Services is intended to be accessed and used for non-time-critical information and control of Products. While we strive for Services to be highly reliable and available, it is not intended to be reliable or available 100% of the time. 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 We are not responsible for any damages allegedly caused by the failure or delay of Services to reflect current status of the Product, notifications, or timing of your video content. 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. We do not offer any specific uptime guarantee for Services. We are not liable for any losses arising from a suspension of Services. All information concerning Services and use of the Product with Services is provided “as is” and “as available”. We do not guarantee that this information is correct or up to date. Accessing the information through Services is not a substitute for direct access to the information in or on the Product itself. Although We care 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.
12. Release Regarding Third Parties
We are not responsible for third parties or their products and services, including, without limitation, any third-party’s products and services that enable Services, equipment, ISPs, carriers, the App Stores and among others. WE HEREBY DISCLAIMS AND YOU HEREBY DISCHARGE, WAIVE AND RELEASE US 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 us, our 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 Services and Product; (ii) your violation of these Terms; (iii) your violation of any law or the rights of any third party. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
14. WARRANTY DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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 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.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SOFTWARE OR SERVICE PROVIDED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH SERVICES (INCLUDING, BUT NOT LIMITED TO, CLOUD SERVICES) OR ANY HYPERLINKED WEBSITE OR SERVICE.
WE MAKE NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH SERVICES, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH SERVICES.
YOU ACKNOWLEDGE THAT THE USE OF SERVICES SHALL BE CONNECTED WITH THE INTERNET, AND USE SHALL BE WHOLLY AT YOUR OWN RISK. WE DO NOT REPRESENT OR GUARANTEE THAT SERVICES WILL BE FREE FROM LOSS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.
SURVEILLANCE, DATA PROTECTION, AND PRIVACY LAWS VARY BY JURISDICTION AND MAY IMPOSE CERTAIN RESPONSIBILITIES ON YOUR USE OF SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU (AND NOT US) WILL BE RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH APPLICABLE LAWS WHERE YOU LIVE AND THAT WE SHALL NOT BE LIABLE IN THE EVENT THAT 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 SERVICES FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY.
15. LIMITATIONS ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, 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 SERVICES, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY SERVICES OR BY FAILURES OF SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE FEES ACTUALLY PAID BY YOU TO US OR AUTHORIZED RESELLER FOR 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. WE DISCLAIM ALL LIABILITY OF ANY KIND OF OUR LICENSORS AND SUPPLIERS.
16. Limitation on Claims
Regardless of any statute or law to the contrary, any dispute arising out of or related to your use of 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.
17. Entire Agreement; Waiver; Severability
These Terms constitute the entire and exclusive understanding between you and us with respect to the use of Services, and these terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding Services. Our 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 our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction.
19. Contact Us
Should you have any questions, please contact Defender security cameras team via email at firstname.lastname@example.org