Terms of Software License and Service for EZVIZ PNR App
Last Updated: Mar. 28, 2024
Thank you for using EZVIZ PNR App.
These Terms of Software License and Service (“Terms”) shall govern your use and access of EZVIZ PNR App provided by Hangzhou EZVIZ Network Co.,Ltd, EZVIZ Europe B.V. and/or their affiliates (“EZVIZ”, “we”, “our”, or “us”).
If you are located in the European Economic Area (“EEA”) and the UK, the EZVIZ services of EZVIZ PNR App you use is provided by EZVIZ Europe B.V. and your Agreements are with the former; and, if you located outside of the regions mentioned above, EZVIZ services you use is provided by Hangzhou EZVIZ Network Co.,Ltd and your Agreements are with the latter.
EZVIZ Services via EZVIZ PNR App may include (1) software applications that can be downloaded to a mobile device, namely this EZVIZ PNR App; and (2) any services available on this App, subject to which EZVIZ actually provide.
We provide EZVIZ Services through this EZVIZ PNR App mainly for EZVIZ customers, distributors, retails (“EZVIZ Partner”, “Partner”, “You”, or “Yours”) to easily use various EZVIZ marketing and sales supports. You may have signed a cooperation agreement with EZVIZ or our authorized parties; meanwhile, for certain features or services of EZVIZ PNR App, additional EZVIZ terms of requirements may apply. Those agreements/ additional terms, together with these Terms, constitute the entire agreement for your use of EZVIZ marketing support.
We may modify these Terms at any time. You can determine when these Terms were last revised by referring to the date it was “Last Updated” above.
1. Introduction
2. Electronic Contracting and Messaging
3. Eligibility; Children
4. Account
5. License
6. License Restrictions
7. Access to EZVIZ Services
8. Content
9. Privacy
10. Changes to EZVIZ Services
11. Limitations of EZVIZ Services
12. Limitations of EZVIZ Services Due to Reliance on Third Parties
13. Release Reading Third-Party Links
14. WARRANTY DISCLAIMERS
15. LIMITATIONS OF LIABILITY
16. Indemnity
17. Term and Termination
18. Governing Law and Dispute Resolution
19. Entire Agreement; Waiver; Severability
20. Assignment
21. Modifications
22. Contact Us
23. Addendum
1. Introduction
EZVIZ PNR App is a free EZVIZ application that is tailored to suit various needs of our valued Partners, including but not limited to receiving the latest EZVIZ Product information as well as the related marketing materials for further use and obtaining dedicated channel support in a timely manner. We aim to create an online mobile communication and proceed collaborative work through this App for EZVIZ partners.
2. Electronic Contracting and Messaging
By using EZVIZ Services under EZVIZ PNR App, you agree to accept and be bound by these Terms. You agree that when you use your login credentials or click on any “I Agree” button when applying for or using EZVIZ Services, you affirmatively consent to conduct business electronically with EZVIZ, and such credentials and processes have the same force and effect with your written signature. In addition, you agree and consent to EZVIZ sending you disclosures, messages, notices, and other communications, to your designated mobile phone and email account, in order to facilitate your timely access to information about our Products and/or Services.
3. Eligibility; Children
For most features or services under EZVIZ PNR App, you are required be a representative or authorized member of a corporate organization. Please ensure that you have obtained a complete, sufficient, and effective authorization for the use of the service from your organization, and all your operations will be deemed to be conducted on behalf of your organization.
You are prohibited from registering a Product for use with EZVIZ Services or from using EZVIZ Services unless you are 18 years of age or older, or above the age of equivalent minimum age in the relevant jurisdiction. Please check your local law for the age of digital consent. You may not use EZVIZ Services where prohibited by applicable law. If you are not 18 years of age or older, or under equivalent minimum age in the relevant jurisdiction, you must have your parent or legal guardian register a Product or use EZVIZ Services. Please contact us if you believe your child has provided us with personal information in connection with the EZVIZ Services.
4. Account
To use EZVIZ Services via EZVIZ PNR App, you are required to create a PNR Account, which is upgraded from the EZVIZ Account used of most EZVIZ Applications, like EZVIZ App. We offer various ways for you to join us as a PNR Account user.
Creating a PNR Account. You may create a PNR Account for yourself or your organization per the guide on the registration page, while a registered PNR user is able to invite his/her employee to form their corporate organization. You represent and warrant that: (i) all required registration information you submit is truthful, accurate and complete; and (ii) you will maintain the accuracy, security, and confidentiality of such information and your password; and (iii) your use of the Account 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. You agree to notify us immediately of any unauthorized access to or use of your Account or any breach of security. You may be held liable for losses incurred by us or any other EZVIZ users due to someone else using your Account as a result of your failing to keep your Account information secure and confidential.
You may not use anyone else’s Account at any time without the express permission and consent of the holder of that Account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Closing your PNR Account. You may close your Account at any time by using “Closing Your Account” functionality. The PNR Account is necessary to use EZVIZ Services under EZVIZ PNR App. Before closing your Account, please ensure that you will not use EZVIZ Services under this App, and that you have closed the orders for certain features or services in your Account (if any). Please also keep in mind that you will not be able to reactivate your PNR Account or retrieve any of the content or information you previously added to your PNR Account. If you ever wanted to use such EZVIZ Services again, you would need to create a new PNR Account.
Order from EZVIZ via your PNR Account. Your PNR Account is available on EZVIZ E-commerce Platform for customers at [dealer.ezviz.com when you prefer to purchase products from EZVIZ online. We hereby encourage you reading the Terms and Conditions thereof carefully before placing any e-order(s) to learn the necessary terms of sales. Furtherly, you hereby irrevocable acknowledge and agree that, the person who access to the E-commerce Platform via your PNR Account shall be deemed as the authorized representative with full and completed rights on behalf of you. Any operations on the E-Commerce Platform, including but not limited to signing the terms and policies thereof, Orders, revoking or changing of the Orders shall be constituted as YOUR operations with valid expression of intention and promise, while the relevant results shall be borne by YOU completely and independently.
5. License
Subject to your compliance with these Terms, we grant you a revocable, limited, non-exclusive, non-transferable, non-sub-licensable license to install and use this EZVIZ PNR App, in each case solely in connection with your individual, non-commercial use of the EZVIZ Services involved. You may only use the EZVIZ PNR App on devices or computers 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 our licensors.
6. 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 EZVIZ Services, including the EZVIZ Apps and Other Software (collectively, the “Software”), (iii) copy or reproduce EZVIZ 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 EZVIZ Services; (v) use the Software and EZVIZ Services in any fashion that may infringe any patent, copyright, trademark, trade secret, or any other intellectual property or proprietary right of EZVIZ, 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, EZVIZ Service, or any part thereof (except to the extent applicable laws specifically prohibit such restriction), or (vii) use the Software or EZVIZ Services 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.
7. Access to EZVIZ Services
You may access and use EZVIZ Services through this EZVIZ PNR App solely for the purposes of (a) gaining the insight into the market by receiving the courses of our latest product promotion, advertising materials and other brand information published by us; (b) managing your organization and employees;(3) Managing transaction orders between you and EZVIZ for EZVIZ products
When using EZVIZ Services, you shall not:
· disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to, EZVIZ Services or any computer network owned by us or any other user of EZVIZ Services;
· circumvent any technological measure implemented by us or any of our suppliers or any other third party (including another user of EZVIZ Services) to protect EZVIZ Services;
· upload, transmit, distribute, or run any computer virus, worm, Trojan horse, or any computer code that could damage or alter EZVIZ Services or a computer, portable device, computer network, communication network, data, or any other system, device or property owned by us or any other user of EZVIZ Services;
· run Maillist, Listserv, or any form of auto-responder or “spam” on EZVIZ Services;
· attempt, in any manner, to obtain the password, account, credentials, or other security information from any other user;
· jeopardize the security of your Account or anyone else's account (for example, by allowing another individual to login into EZVIZ Services as you);
· impersonate any other user, person, or entity (including, without limitation, using e-mail addresses associated with any of the forgoing to create an Account);
· provide referral information for someone else without first obtaining consent from the person being referred and notifying them that they may receive communication from us; or
· violate any applicable federal, state, local, or international law or regulation (including, without limitation, any law regarding the export of data or software to and from the U.S. or other countries).
These Terms shall apply to any future update, release, or other change to EZVIZ Services.
8. Content
You may elect to display, share, email, or otherwise make available (collectively, “Submit”) text, graphics, photographs, video, images, audio, and other works of authorship via EZVIZ Services (“Your Content”). You are solely responsible for Your Content submitted through EZVIZ Services, and we will not be liable for any errors or omissions in Your Content.
We may also make available on EZVIZ Services text, graphics, photographs, video, images, illustrations, audio, music, commentary, and other works of authorship we own or from other users of EZVIZ Services (“Our Content”). Our Content, along with EZVIZ Services and its underlying technology, are protected by copyright, trademark, patent, Intellectual Property, and other laws of relevant jurisdiction and other countries. You may access and view Our Content solely for personal use and consumption, and are prohibited from copying, selling, renting, distributing (including through digital distribution), publicly performing (including through digital performance), marketing, making derivative works, or otherwise exploiting such Our Content without our prior written consent.
We make no endorsement, representation or warranty of any kind about Your Content or Our Content, or any information, services or recommendations accessed through EZVIZ Services. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through EZVIZ Services.
You agree that all Your Content and Our Content accessed by you using EZVIZ Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You hereby release us from all liability for you having acquired or not acquired Your Content or Our Content through EZVIZ Services.
Your Content is yours. These Terms don’t give us any rights to Your Content except for the limited rights that enable us to operate and provide EZVIZ Services. We need your authorization to do things like hosting Your Content and backing it up. By making Your Content available on or through EZVIZ Services you grant to us a non-exclusive, transferable, sub-licensable, worldwide, royalty-free, perpetual, irrevocable right and license to use, copy, modify, display, perform, and distribute Your Content in connection with operating and providing EZVIZ Services to you. We also have the right to reformat, create derivative works of, excerpt, translate, modify, or otherwise change any of Your Content for storage and viewing via EZVIZ Services. Such licenses and rights shall be sub-licensable by us to our affiliates and trusted third parties we work with.
You represent and warrant that you own Your Content or that you have all rights necessary to Submit Your Content in the manner in which you choose and to grant us a license to use Your Content as described in these Terms.
You warrant, represent, and agree that Your Content and the use and provision of Your Content on EZVIZ Services as provided in these Terms will not: (i) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy, or other rights; (ii) violate, or encourage any conduct that would violate, any applicable law, statute, regulation, or ordinance, or would give rise to civil liability; (iii) be fraudulent, false, misleading, deceptive, defamatory, tortuous, obscene, harmful, pornographic, vulgar, offensive, or otherwise objectionable; (iv) promote discrimination, racism, hatred, harassment or harm against any individual or group; (v) be violent, threatening, abusive, or promote violence or actions that are threatening or abusive to any person or entity; or (vi) promote illegal or harmful activities or substances.
All comments, suggestions, feedback, or ideas Submitted by you about EZVIZ Services are our property and we may access, copy, modify, redistribute, publish, or otherwise use them for any purpose and in any way without due compensation to you. We do not waive any right to use similar ideas previously known to us or developed by us.
9. Privacy
To provide EZVIZ Services through this EZVIZ PNR App, we may collect and use your personal information. We detail our practices in our Privacy Policy(the link: https://www.ezviz.com/legal/privacy-policy-pnr), which needs to be read carefully before you use any EZVIZ PNR App related Services.
10. Changes to EZVIZ Services
We may change, upgrade, discontinue, or temporarily suspend any feature or component of EZVIZ 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 EZVIZ Services will operate as intended. You acknowledge that you may be required to install software updates to use EZVIZ 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.
11. Limitations of EZVIZ Services
EZVIZ Services are intended to be accessed and used for non-time-critical information and control of the Products. While we strive for EZVIZ Services to be highly reliable and available, it is not intended to be reliable or available 100% of the time, considering that EZVIZ Services are subject to sporadic interruptions and failures for a variety of reasons beyond our reasonable 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 EZVIZ Services to reflect current status of the Product, notifications, or timing of Your Content.
EZVIZ 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 EZVIZ Services. We are not liable for any losses arising from a suspension of EZVIZ Services.
All information concerning EZVIZ Services and use of the Product with EZVIZ 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 EZVIZ Services is not a substitute for direct access to the information in or on the Product itself.
12. Limitations of EZVIZ Services Due to Reliance on Third Parties
EZVIZ Services rely on certain third party products and services. For example, we rely on mobile operating system vendors and mobile carriers to enable mobile device notifications through EZVIZ Services. These third party products and services are beyond our control, and their operation may not operate in a reliable manner or be available 100% of the time. We are not responsible for any damages and losses due to the operation of these third party products and services.
You acknowledge that you are responsible for all fees charged by your Internet Service Provider (“ISP”) and carrier in connection with your access to and use of EZVIZ Services and access to your Products. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and carrier.
You acknowledge and agree that the availability of the EZVIZ PNR App is dependent on the third party web services from which you download the EZVIZ PNR App – for example, the Android app market from Google or the App Store from Apple (each an “Store”). You acknowledge that these Terms are between you and us exclusively and not with a Store. Each Store may have its own terms and conditions to which you must agree before downloading EZVIZ PNR App from that Store. You agree to comply with, and your license to use the EZVIZ PNR App, is conditioned upon your compliance and agreement with such Store terms and conditions. To the extent such other terms and conditions from such 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.
We are not responsible for third parties or their products and services, including, without limitation, any third party products and services that enable EZVIZ Services, equipment, ISPs, carriers, the App Stores, and Third Party Sites.
WE HEREBY DISCLAIM AND YOU HEREBY DISCHARGE, WAIVE AND RELEASE US AND OUR 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.
13. Release Reading Third-Party Links
EZVIZ Services may contain links to other sites, apps, software operated by third parties (“Third Party Sites”). Such Third Party Sites are not under our control. We provide these links and referrals only as a convenience and we do not review, approve, monitor, endorse, or make any representations or warranties or assume any liability with respect to such Third Party Sites for the products and services offered by them. We encourage you to review all applicable agreements, terms of use/service, and other policies of these Third Party Sites.
EZVIZ HEREBY DISCLAIMS AND YOU HEREBY DISCHARGE, WAIVE AND RELEASE EZVIZ 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- PARTY SITES AND THEIR PRODUCTS AND SERVICES.
14. WARRANTY DISCLAIMERS
We strive to provide great services, but there are certain things that we can’t guarantee. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EZVIZ SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE” WITH ALL FAULTS AND ERRORS, AND WE 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. Some jurisdiction does not allow the disclaimers in this paragraph, so they may not apply to you.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SOFTWARE OR SERVICE ADVERTISED OR PROVIDED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH EZVIZ SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE.
WE MAKE NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH EZVIZ SERVICES, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH EZVIZ SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH EZVIZ SERVICES.
YOU ACKNOWLEDGE THAT THE USE OF EZVIZ SERVICES SHALL BE CONNECTED WITH THE INTERNET, AND USE SHALL BE WHOLLY AT YOUR OWN RISK. WE DO NOT REPRESENT OR GUARANTEE THAT EZVIZ 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 EZVIZ 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 EZVIZ 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 EZVIZ SERVICES FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY.
15. LIMITATIONS OF LIABILITY
We don’t exclude or limit our liability to you where it would be illegal to do so – this includes any liability for our or our affiliates’ fraud or fraudulent misrepresentation in providing EZVIZ Services. In jurisdiction where the following types of exclusions aren’t allowed, we are responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph doesn’t affect consumer rights that can’t be waived or limited by any contract or agreement.
In jurisdiction where exclusions or limitations of liability are allowed, we, our DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE,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 EZVIZ SERVICES, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY EZVIZ SERVICES OR BY FAILURES OF EZVIZ SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE,OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $10 USD OR 100% OF ANY AMOUNT PAID BY YOU TO US FOR EZVIZ 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. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EZVIZ AND YOU.
16. Indemnity
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 EZVIZ Services and Products which constitutes a culpable (negligent or willful) violation of these Terms and any other information issued by us; (ii) your culpable violation of these Terms; (iii) Your Content (to the extent it causes a culpable infringement), and (iv) your culpable 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 without undue delay upon becoming aware of it.
17. Term and Termination
These Terms will remain in full force and effect as long as you continue to access or use EZVIZ Services, until terminated in accordance with the provisions of these Terms. At any time, and without prior notice, we may suspend or terminate your rights to use EZVIZ Services if we believe in good faith that you have used any EZVIZ Services in violation of these Terms. If you transfer a Product to a new owner, your right to use EZVIZ Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or EZVIZ Services under your Account and will need to register for a separate Account with EZVIZ. YOU ACKNOWLEDGE THAT THE PRODUCT YOU PLAN TO TRANSFER SHOULD BE DELETED IN YOUR ACCOUNT BEFORE SUCH TRANSFER. Upon termination of your Account, your right to use EZVIZ Services will automatically terminate and we may delete Your Content and other information related to your Account immediately, unless otherwise required by applicable laws.
18. 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 use of the EZVIZ PNR App, 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 some 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.
Regardless of any statute or law to the contrary, any dispute arising out of or related to your use of EZVIZ 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.
You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR US 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.
19. Entire Agreement; Waiver; Severability
These Terms constitute the entire and exclusive understanding between you and us with respect to the use of EZVIZ Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and us regarding EZVIZ 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.
20. Assignment
You may not assign or transfer these Terms and any associated 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 and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
21. Modifications
We may revise these Terms from time to time to better reflect: (i) changes to the law; (ii) new regulatory requirements, or (iii) improvements or enhancements made to EZVIZ Services. If an update affects your use of EZVIZ Services or your legal rights as a user of EZVIZ Services, we’ll notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-app notification. These updated terms will be effective no less than 7 days from when we notify you.
If you don’t agree to the updates we make, please do not use EZVIZ Services before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for corresponding EZVIZ Services and your Account closing date. By continuing to use or access EZVIZ Services after the updates come into effect, you agree to be bound by the revised Terms.
22. Contact Us
Should you have any questions, please contact us immediately through the contact information on Contact Us .
23. Addendum
Regions regarding EZVIZ Services through EZVIZ PNR App
If you are located in the European Economic Area (“EEA”) and the UK, EZVIZ Europe B.V., located at Dirk Storklaan 3, 2132 PX Hoofddorp, Netherlands, is the service provider responsible for the EZVIZ Services covered by these Terms; For all other users, the service provider is Hangzhou EZVIZ Network Co.,Ltd, located at Room 301, Unit B, Building 2, 399 Danfeng Road, Binjiang District, Hangzhou, China.
Privacy Policy
We will explain to you how we collect, use and handle your personal information when you use EZVIZ PNR App through Privacy Policy and related documents. Please review them before using the EZVIZ PNR App and/or related features.
For our Privacy Policy:
[https://www.ezviz.com/legal/privacy-policy-pnr]
Terms and Conditions of EZVIZ E-Commerce Platform for customers
There may be more specific terms on the EZVIZ E-Commerce Platform for customers regarding how you can order products from EZVIZ through your PNR Account on the platform.
Please refer to and carefully read the Terms and Conditions for EZVIZ E-Commerce Platform before using the relevant services:
[请补充入dealer.ezviz.com的页面的协议链接地址]
More Information about EZVIZ Account
EZVIZ PNR Account is upgraded from the EZVIZ Account used of most EZVIZ Applications, like EZVIZ App.
For details about the use of EZVIZ Account, please refer to the Terms of Services for EZVIZ App:
[https://www.ezviz.com/legal/terms-of-service-app]