Last updated: Nov. 14, 2022
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.BY SUBSCRIPTION ON EZVIZ APPS, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
If you reside outside of these regions (the link: https://www.ezviz.com/page/Regions-regarding-EZVIZ-Services-Notice), your agreement is with EZVIZ Inc., and if you reside in these regions (the link: https://www.ezviz.com/page/Regions-regarding-EZVIZ-Services-Notice), your agreement is with EZVIZ International Limited (“EZVIZ” “we”).
YOU MAY NOT USE EZVIZ DRIVE SERVICE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING OR EZVIZ APPS BY APPLICABLE LAW.
EZVIZ Drive is a fee-based EZVIZ service that will store video from certain EZVIZ recognized products (“Products”), as well as the contents of your mobile device’s Photo Album that can be supported and acceptable; the above two categories are hereinafter collectively referred to as ”Your Content”.
To use EZVIZ Drive Services, you need compatible hardware (such as your Products), software (latest version recommended and sometimes required), Internet access (at your own expense, if any) and effective subscription of other EZVIZ services related (currently, namely EZVIZ CloudPlay Service). Our Services’ performance may be affected by these factors. You shall be solely responsible for all expense or cost (including but not limit to telephone fees, Internet access fees and data fees paid for Internet access) of the devices (such as the Products used in this service, computers, modems and other devices related to your network connection, telecommunication links or caused by the internet) arising from or related to this EZVIZ Drive Services.
These Terms and Conditions (“Terms”) shall govern your use of EZVIZ’s Drive services (“EZVIZ Drive Services” or “EZVIZ Drive”). PLEASE READ THESE TERMS CAREFULLY. If you do not agree with these Terms, please do not use our EZVIZ Drive Services.
These Terms are incorporated into the EZVIZ Services’ Terms of Service, which also apply when you use our EZVIZ Drive Services.
Free Trial. When you subscribe EZVIZ CloudPlay Service through the EZVIZ APP and/or meet certain conditions we’ll notify otherwise, you will automatically receive a free trial to our EZVIZ Drive Services. For example, you will obtain a 1G storage of EZVIZ Drive Services if you have subscribed the CloudPlay Service; the EZVIZ Drive Services will be effective until the expiration date of the CloudPlay Service. And Your Content being stored in the EZVIZ Drive will be deleted within thirty (30) calendar days after the expiration of the CloudPlay Service.
After the trial period, you may elect to purchase our EZVIZ Drive Services on a subscription basis (e.g., monthly or annually (as applicable)) on EZVIZ App.
Paid Subscription. If you choose to purchase a Paid Subscription for our EZVIZ Drive Services, you agree to pay the applicable charge associated with that Subscription. You are responsible for all applicable taxes. We may suspend or cancel the Paid Subscription if we do not receive a timely and complete payment from you. Suspension or cancellation of your Subscription due to non-payment could result in a loss of access to the content in your Account.
You will be asked to provide a payment method when you register for the Paid Subscription. You can access your billing information and payment method by signing into your account on EZVIZ apps, where applicable. You agree that EZVIZ may use any updated account information regarding your selected payment method provided by your issuing bank or applicable payment network. You agree to keep your billing account and contact information current at all times. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
By providing EZVIZ with a payment method, you:
For more specific subscription prices of using the EZVZ Drive, please refer to corresponding pages.
Automatic Renewal. When you enroll in a Paid Subscription for EZVIZ Drive Services, we will automatically renew your subscription at the end of the applicable period. In other words, we will automatically bill you from the date you subscribed to the EZVIZ Drive Services, and on each periodic renewal until cancellation.
When you sign up for a Paid Subscription, you acknowledge and agree that you are authorizing recurring payment on either a monthly or annual basis (as applicable), and payments will be made to EZVIZ by the method and at the recurring intervals chosen by you, until the Paid Subscription is terminated by you or by EZVIZ. By authorizing recurring payments, you are authorizing EZVIZ to process such payments.
If you have signed up for a Paid Subscription that automatically renews on an annual basis, EZVIZ will notify you of the pending renewal no later than 30 days prior to the end of the initial 12-month term (and each subsequent 12-month term). If you have signed up for a Paid Subscription that automatically renews on a monthly basis, we will not notify you of any pending renewals unless there is a change to the price of the Paid Subscription.
Please note that your Paid Subscription will remain in effect until it’s cancelled or terminated. If you remove a registered payment card or a renewal charge is rejected by your financial institution, your Paid Subscription will be terminated at the end of your subscription period.
You may cancel your Paid Subscription at any time, with or without cause, by logging in your account via EZVIZ apps and following the cancellation instruction. YOU MUST CANCEL THE PAID SUBSCRIPTION BEFORE THE RENEWAL DATE TO AVOID BEING AUTOMATICALLY BILLED FOR THE RENEWAL.
If technical problems prevent or unreasonably delay delivery of EZVIZ Drive Services, your exclusive and sole remedy is the replacement of the Services, unless the Refunds are required by law. For example, users living in the European Union have the right to cancel their Paid Subscription within 14 days of enrolling in, or renewing a Paid Subscription.
From time to time, EZVIZ may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior that entitles EZVIZ to a corresponding counterclaim.
Price Changes. We reserve the right to change the prices and fees associated with EZVIZ Drive Services. We will provide notice of price and fee changes by sending a message to the email address associated with your account. Price changes will take effect at the beginning of the next payment interval. If you do not agree to the price or fee change, you must cancel the paid subscription (if applicable) and stop using the EZVIZ Drive Services before the change takes effect.
Formats and Scopes Changes. We may adjust the scope and/or format requirements of Your Content that can be saved through the EZVIZ Drive Services, especially for the contents of your mobile device’s Photo Album. This is usually based on the consideration of service security and stability. When such adjustment occurs, we will inform you in advance and reserve time for you to adjust your usage preferences of this service as much as possible (if applicable).
Except for the technical processing necessary to provide you with this service, we do not obtain any rights to Your Content. You agree that we use Your Content to provide you with EZVIZ Drive Services. You shall ensure that Your Content and your usage of Your Content or EZVIZ Drive Services will not violate any of this Agreement or any applicable law. You shall be solely responsible for the development, content, operation, maintenance, and use of Your Content.
You represents and warrants to us that:
(a) you or your licensors own all right, title, and interest on and to Your Content;
(b)you have all rights in Your Content necessary to grant the rights contemplated by this Agreement; and
(c) none of Your Content or use of Your Content or EZVIZ Drive Services will use, or encourage, promote, facilitate or instruct others to use, EZVIZ Drive Services for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:
We may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Agreement and/or applicable laws.
If you become aware of any violation of this Agreement and/or applicable laws, you shall immediately notify us and provide us with assistance, as requested, to stop or remedy the violation.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of People’s Republic of China, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
You agree all disputes arising out of or relating, in any way, to these terms or your order or use of the EZVIZ Drive Services, on an individual and purely bilateral, non-class/non-representative bases, shall be resolved by means of arbitration and shall be submitted exclusively to the China International Economic and Trade Arbitration Commission (“CIETAC”) in Beijing in accordance with CIETAC rules. The preceding provision regarding dispute resolution does not apply in certain jurisdiction where such dispute resolution may be prohibited. For example, if you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside.
You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR EZVIZ WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of EZVIZ.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
These Terms and the Terms of Service are the final and integrated agreement between you and us on the matters contained in these Terms.
18639 RAILROAD STREET CITY OF INDUSTRY, CA 91748, United States
EZVIZ International Limited
6/F., MANULIFE PLACE, 348 KWUN TONG ROAD, KOWLOON, HONG KONG, CHINA