1. General Terms and Conditions.
a) You acknowledge that You have read this Agreement, and You agree to be legally bound by the terms thereof. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ATTEMPT TO ACCESS THE WEBSITES, APPLICATIONS OR OTHERWISE USE THE SERVICE AND/OR EQUIPMENT.
b) You acknowledge that You are over the age of 18 or have reached the age of majority in your country.
c) You acknowledge that You are the end-user of the Applications, Service, Equipment, and Documentation, and You agree not to resell any of the Service, Equipment, and Documentation.
d) This Agreement may be updated or changed from time to time without any prior notice given to You. It is your sole responsibility to educate Yourself on any changes to this Agreement, which will be posted on the Website and provided via the Applications.
i. If You are in disagreement with any revised terms of this Agreement, You may request Disenrollment and cancellation via the Websites or Applications. Otherwise, continued use of the Applications, Service and Equipment after any such changes shall constitute your consent to such changes.
e) You acknowledge and agree that Hanwha has partnered with an independent, reputable third party to host its servers, maintain the integrity of the data stored within, and to manage the Websites and provide the Service.
f) For Hanwha cloud services and its ecommerce site (samsungsv.com), You acknowledge and agree that Hanwha has partnered with an independent, reputable third party credit card processing service in connection with the receipt and processing of payments for the Service and Equipment. You further agree that the technical processing and transmission of any data associated with the Service, including Your Content (as defined below), may be transmitted in an unencrypted form over various networks and may be changed to conform and adapt to the technical requirements of connecting networks and/or devices.
g) Any failure by Hanwha to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
h) Unless specified elsewhere in this Agreement, this Agreement constitutes the entire agreement between You and Hanwha and governs your use of the Websites, Applications, Service, and Equipment.
2. Description of Equipment
a) The Equipment provided in connection with the Service may include but not be limited to one or more of the following: Internet protocol video cameras, power supply, stand, clamp, video doorbell or any other Equipment offered by Hanwha.
b) You acknowledge and agree that the Equipment carries a manufacturer’s warranty of one (1) year from the date of purchase, unless expressly specified otherwise.
c) The Equipment also includes related documentation containing installation instructions, warranty information, and return policy (the “Manufacturer’s Agreement”). The Manufacturer’s Agreement will list the conditions upon which the warranty and return policy will be accepted. You agree to read the Manufacturer’s Agreement and to contact Hanwha’s support team if You have any questions.
d) If a license or permission from any customs or other regulatory authority is required for the acquisition, carriage, or use of the Equipment by You, You agree to obtain such license or permission solely at your own expense. Any import duties, expenses, or charges incurred by Hanwha with respect to such license or permission will be met by You.
3. Description of Service
a) The Service is available in several different packages with different features and pricing. A detailed list of Hanwha’s service packages and the features associated with each package (the “Service Packages”) can be found under the Pricing tab on the Websites. You acknowledge and agree that the Service Packages, the associated features, and prices may be changed or discontinued at any time based on Hanwha’s sole discretion without any prior notice. You may choose to update your Service Package as the terms of that Service Package allow.
b) The Service may include the use of the Websites and Applications, and any downloaded software from the Websites and Applications for viewing, listening, storing, downloading, and/or uploading your images, audio, video recordings, and live stream multimedia content (collectively, “Your Content”). Your Content further comprises data produced following analysis of any images and video portions of Your Content.
c) The Service may include the ability to designate individuals (“Authorized Individuals”) to whom you grant access to Your Content indefinitely or for a specific time frame. You acknowledge and agree that You are solely responsible for obtaining any necessary permission and rights to designate such individuals as Authorized Individuals under your account and to authorize Hanwha to provide them with access to Your Content.
d) The Service may also include the ability to access Hanwha’s Website in order to view, receive, and/or be alerted via email or mobile phones to view and/or record images, audio, video, and data generated by, or as a result of using, video cameras and other related products that are purchased and installed by You, or on your behalf by a third party. Images, audio, and video from these video cameras may be live or recorded from the video stream, and are included within Your Content.
e) The Service may also include user-defined multimedia analytics services, which are specified at the time of purchase. Hanwha reserves the right to add additional analytics or discontinue offering certain analytics at any time without prior notice.
f) The Service may also include facial recognition features, available via Service Packages. If You choose to utilize this feature, it will allow You to designate and label frequent visitors for your use. This feature is not available to customers in the state of Illinois. You acknowledge and agree to follow all local, state and federal requirements pertaining to this feature and detailed within your Service Package and this Agreement.
g) The Service may include third-party applications, which may be subject to the terms and conditions of separate license agreements. Copies of these agreements will be provided to You in advance, and You acknowledge and agree that any use of these applications will constitute your acceptance of the terms and conditions of the corresponding license agreement.
h) The Service also may include the ability to access the Websites to post comments, questions and interact with other subscribers of the Service and Hanwha’s technical support staff. Technical support is also available as described at the following link: www.wisenetlife.com
i) Hanwha may also send You, directly or indirectly through any agency or third party, email messages regarding new promotions, products, and services periodically, and if you would prefer not to receive these messages, You may unsubscribe using the link at the bottom of the message.
j) In the event that Hanwha interrupts or restricts completely or a part of the Service under the circumstances stated in section (k) below, it may notify the reason and interruption period to users.
k) Hanwha reserves the right to withhold or stop Service use by any users under specific circumstances stated below:
i. Insufficient equipment capacity
ii. Technical troubles
iii. Repair work or regular maintenance activities for the Service equipment
iv. Force Majeure event include but not limited War, riot, calamity or a state of national emergency
v. Other emergency status recognized by Hanwha.
4. Limited Warranty
a) The Service is provided on an “as is”, “as available” basis and Hanwha expressly disclaims all warranties, including the warranties of merchantability and fitness for a particular purpose.
b) You acknowledge and agree that although Hanwha has redundant servers, Hanwha, our affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of Hanwha or our affiliates do not warrant that:
i. the Service will meet any specific requirements;
ii. the Service will be uninterrupted, timely, secure, or error-free;
iii. the results that may be obtained from the use of the Service will be accurate or reliable;
iv. the quality of any products, services, information, or other material purchased or obtained through the Service will meet any expectations; and
v. any errors in the Service will be corrected.
a) Any prices, quotations, and descriptions made or referred to on the Website are subject to availability and may be withdrawn or revised at any time prior to Hanwha’s express acceptance of your subscription. Hanwha reserves the right to withdraw any discount and/or to revise the prices at any time prior to acceptance. Hanwha does not provide price protection or refunds in the event of a price reduction or promotional offering.
b) Upon your creation of an account via the Websites or Applications, You may choose to subscribe to Service Packages. Following creation of your account and purchase of a subscription for Service, Hanwha reserves the right to revoke acceptance if Hanwha is unable to complete or fulfill your subscription and a refund will be provided on any prior payments (if applicable). Subscription fees are non-refundable (except as required by applicable law), and Hanwha does not provide refunds or credits for any downtime, interruptions in the use, or the inability to use the Service or Equipment.
c) Prices payable for the Service or Equipment will be quoted on the Websites and You agree that the final price in the event of any discrepancy is the price that is quoted to You for acceptance prior to submission of your credit card payment information.
d) Trial or free features of the Service will only become paid features upon prior notice to You, the customer. Continuing the use of these features after notice constitutes your acceptance of the new payment terms.
e) Hanwha also reserves the right to notify You of any error with respect to the Websites, Service, and/or Equipment prior to delivery of the Equipment and provision of the Service. Following the notification of any such error, You may elect either to accept delivery of the Equipment and provision of the Service on an as-is basis, or request to be fully reimbursed without penalty.
f) You acknowledge and agree that it is your sole responsibility to ensure that You have sufficient available credit on your credit card to avoid termination and/or suspension of your subscription to the Service. You agree that Hanwha is not responsible for any administrative fees incurred on account of non-sufficient funds in your credit card.
6. Smart Cloud Service Payment
a) If utilizing the Smart Cloud video monitoring services (“Smart Cloud”),You acknowledge and agree that by submitting your credit card payment information to Hanwha, you expressly authorize Hanwha or Hanwha’s independent third party credit card processing partner to charge your credit card.
b) Your subscription to the Smart Cloud Service is for a fixed term, and You acknowledge and agree that it is your sole responsibility to renew your subscription prior to the end of the term. The length of the subscription term for the various Smart Cloud Service package is listed under the Pricing tab on the Websites and Applications.
c) In the event that your subscription to the Smart Cloud Service expires and you have not renewed your subscription, Hanwha will continue to store your audio and video recordings for a rolling period of fourteen (14) days from date of expiration. Once the fourteen-day grace period ends, You will no longer have access to Smart Cloud features until you have renewed your subscription.
d) You agree and acknowledge that all of your settings and configurations associated with the Smart Cloud Service will be automatically deleted if you fail to renew your subscription to the Smart Cloud Service within thirty (30) days from expiration of your subscription.
7. Cancellation and Termination
a) Any use of the Websites, Applications Service, and Equipment shall be subject to the terms and conditions of this Agreement. Hanwha may, with or without notice, unilaterally terminate this Agreement, and cancel your subscription to the Service. Hanwha has the right to immediately terminate any passwords or accounts created by You without bearing any liability in the event that You are in breach of this Agreement or You have engaged in conduct that Hanwha, in its sole discretion, considers unacceptable. Hanwha may also suspend or discontinue the Service at any time, without bearing any liability and without notice for non-compliance with the terms and conditions of this Agreement, and pursue any other remedy legally available to it.
b) You are solely responsible for canceling your subscription to the Service, and You may cancel your subscription at any time by accessing the Website, and clicking on the appropriate link in the global navigation bar at the top of the screen.
c) Upon cancellation or termination of your subscription, Your Content will be immediately and irrevocably deleted and removed from the Websites and Hanwha’s servers.
d) In the event of the termination of this Agreement, the provisions of sections 4, 8(r)-8(w) (inclusive), 9 and 10 shall remain in full force and effect, until such time as Hanwha agrees to the release of the terms thereof.
8. Customer’s Rights and Obligations
a) You are hereby granted a non-exclusive, non-transferable, license to access the Service solely for your own personal and private use in accordance with the terms and conditions of this Agreement.
b) You must register and create an account in order to use the Service. You are required to provide your full legal name, a valid email address, and any other general information requested by the Service.
c) You may need to download and install certain software to enable use of the Equipment. You acknowledge and agree that is your sole responsibly to install, operate, and maintain your Equipment, which may include a requirement to download and install certain third- party software.
d) You represent that You have reached the age of majority in your place of residence where You will personally be using the Service and Equipment.
e) You acknowledge and agree that it is your responsibility to maintain, protect, and respect the confidentiality of your username and password. You further agree to take reasonable precautions to prevent the unauthorized use of your username and password, including but not limited to periodic changes of your password, and using the logout procedure for the Service as documented in the Documentation.
f) You acknowledge and agree that it is your responsibility to immediately notify Hanwha upon suspicion that your username or password has been lost, stolen, compromised, or misused.
g) You represent and warrant that You own or otherwise control all of the intellectual property rights to Your Content, and that use of Your Content by your Authorized Individuals and Hanwha will not infringe upon or violate the rights of any third party.
h) You acknowledge and agree that it is your sole responsibility to deactivate or delete authorized individuals when you no longer wish to allow access to Your Content.
i) YOU ACKNOWLEDGE AND AGREE THAT AUTHORIZED INDIVIDUALS ARE FREE TO ACT UPON RECEIPT OF YOUR CONTENT AND NOTIFY THE APPLICABLE AUTHORITIES IF THEY SUSPECT ANY LAWS ARE BEING BROKEN, AND IT IS YOUR SOLE RESPONSIBILITY TO MAINTAIN YOUR PRIVACY WITH RESPECT TO AUTHORIZED USERS HAVING ACCESS TO YOUR CONTENT.
j) You represent that You have obtained all third-party consents and/or permissions that may be necessary and appropriate with respect to Your Content.
k) You acknowledge and agree that You are solely responsible for establishing, configuring, and using the Service and Equipment in accordance with any and applicable laws within your country, state, province, territory, or municipality.
l) You acknowledge and agree that it is your sole responsibility to obtain and maintain access to the Internet and/or any related computer hardware and software, including routers, personal web cameras (collectively, the “Other Hardware”), which are necessary to use the Service and Equipment.
m) You acknowledge and agree that you are solely responsible for the Other Hardware, including its proper installation and maintenance, and Hanwha does not provide any technical support or any warranty for the Other Hardware.
n) You acknowledge and agree that Hanwha may store Your Content on multiple servers, which may be located in different countries.
o) You acknowledge that Hanwha has no control over comments or opinions made publicly available through third-party applications, websites, forums, or chat rooms which contain hyperlinks to Hanwha.
p) You acknowledge and agree that Your Content shall not:
i. Be unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, hateful, tortuous, or indecent;
ii. Constitute stalking by any forms or means;
iii. Violate, plagiarize, or infringe the rights of third parties and Hanwha and any of its partners, independent contractors, and/or other customers, including, but not limited to, intellectual property, rights of privacy or publicity, or any other proprietary rights;
iv. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other malicious instructions intended to damage, detrimentally interfere with, intercept or expropriate with other/any system, data and/or personal information;
v. Constitute or contain false or misleading statements; and
vi. Harm children in anyway.
q) You acknowledge and agree that You will not use the Service to:
i. View or record any video, images, and/or data of tenants or visitors at rental properties, or to monitor the exterior of your premises. For greater certainty, “rental properties” does not include communal or public areas;
ii. Create a risk to public safety or health;
iii. Replace a safety device; or
iv. Send mass emails, junk mail, or spam in any forms or means.
r) Hanwha shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages occurring from the upload or posting by any You in the Service and reserves the rights to edit out any content in violation of sections (p) and (q) above with or without prior notice to You depending upon the urgency.
s) You acknowledge that copyright and privacy laws vary by country and the viewing, recording, or copying of images from performances, exhibitions, or neighboring properties, or recording of persons without their consent, may violate copyright, privacy, or other legal rights even if the images were obtained for personal use (collectively, the “Violations”).
t) You agree that the Service is protected by American and international copyright laws and treaties, as well as other laws and treaties. Except for the non-exclusive license granted herein, you acknowledge and agree that all ownership, intellectual property, including but not limited to trade-marks, service marks, and patents, and other rights and interests in and to the Service shall remain solely with Hanwha. You acknowledge and agree that Hanwha reserves all rights not expressly granted to You.
u) You agree not to reproduce, duplicate, copy, sell, resell, or exploit access to the Service, use of the Service, or any portion of the Service, including but not limited to the HTML code, cascading style sheets (“CSS”), or any visual design elements without Hanwha’s express written permission. All access to and use of the Service via mechanical, programmatic, robotic, scripted, or any other automated means not provided as part of the Service is strictly prohibited.
v) You agree not to modify, reverse engineer, adapt, or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Service, or any other product provided by Hanwha.
w) You agree to expressly and irrevocably waive any and all rights in and to Your Applications, including the right to restrain or claim damages for any distortion or other mutilation and the right to be associated with Your Applications, and You agree that Hanwha may modify, adapt, translate, create derivative works from, and use Your Applications as Hanwha sees fit, without restriction whatsoever.
x) You acknowledge and agree that any warranty or return rights with respect to the Equipment will be automatically forfeited if Hanwha, in its sole discretion, determines You have failed to install, use, or maintain the Equipment in accordance with Manufacturer’s Agreement as defined by the product’s user manual.
9. Hanwha Rights and Obligations
a) Hanwha, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of Hanwha will not disclose or otherwise enable access to Your Content to anyone other than your Authorized Users without your express written consent. Notwithstanding the foregoing, Hanwha may be required to disclose or otherwise enable access to Your Content pursuant to a court order or legal compulsion.
b) Hanwha technical support team will not have access to Your Content. Notwithstanding the foregoing, You may be required to provide them with temporary access to Your Content depending upon the nature of your technical support inquiry.
c) Hanwha reserves the right to, in its sole discretion, and without any prior notice to You, permanently delete or suspend access to all or any portion of Your Content which violates the terms and conditions of this Agreement.
d) Hanwha reserves the right to change, suspend, or discontinue any aspect of the Websites, Applications and Service at any time, including, but not limited to content, features offered, products offered, database, hours of availability, and equipment or software needed for access or use.
10. Hanwha Commitment to Privacy
a) You acknowledge Hanwha is committed to controlling the collection, use, and disclosure of the Personal Information provided by You. “Personal information” is information that personally identifies you, such as Your name, residential address, and e-mail address and includes information about your subscription to the Service and usage, credit information and billing records, technical service history, and recorded complaints.
You shall defend, indemnify and hold harmless Hanwha, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Service; (ii) Your violation of any term of this Agreement; or (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right. Member’s indemnification obligation stated in 21.1 will survive these Terms of Service and Member’s use of the Service.
12. Warranty Disclaimer
You use of the Services shall be at your sole risk. To the fullest extent permitted by law, Hanwha, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Services and your use thereof.
13. Limitation of Liability
a) You acknowledge and agree that Hanwha, our affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of Hanwha or our affiliates, shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from:
i. The use or the inability to use the Service or Equipment;
ii. Any Violations (as defined above in section 7);
iii. Any violations of local, state or federal laws in direct conflict with this Agreement and all Hanwha directed uses for the Websites, Applications, Equipment and Service;
iv. The use of Your Content by Authorized Individuals, including but not limited to the unauthorized distribution or dissemination of all or any portion of Your Content by Authorized Individuals or any other third parties;
v. Any comments or opinions published, posted, or stated on any third-party web site, blog, chatroom, or forum;
vi. Any changes to the terms and conditions of this Agreement;
vii. Any failure by Hanwha’s third-party partners regarding the hosting and maintenance of Hanwha’s servers, the Websites, and the provision of credit card processing services;
viii. Any price change, suspension, or discontinuance of the Service;
ix. Any loss of Your Content, or modification to a feature or to the Service itself, including the addition or removal of multimedia analytics;
x. Any loss of Your Content subsequent to a cancellation or termination of your account;
xi. The use of the Other Hardware;
xii. Statements or conduct of any third party on the Service; or
xiii. Any other matter relating to the Service.
14. Governing Law and Disputes.
a) THIS AGREEMENT AS WELL AS ANY DISPUTES WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, USA, WITHOUT REGARD TO ITS RULES REGARDING CONFLICTS OF LAWS.
b) In the event the parties dispute this Agreement or the meaning, interpretation or operation of any term, condition, definition or provision of this Agreement resulting in litigation, arbitration or any other form of dispute resolution, the parties agree that the laws of the State of New York shall apply and that all litigation, arbitration or other form of dispute resolution shall take place in the State of New York.