TERMS OF USE

Last Updated: Nov. 1, 2018

PLEASE CAREFULLY READ THESE TERMS OF USE FOR THE KAMI VISION ACTION CAMERA APP, KAMI VISION DASHCAM APP, AND KAMI VISION HOME CAMERA APP (“TERMS”). BY CLICKING TO INDICATE THAT YOU AGREE TO THESE TERMS, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE KAMI VISION’s SERVICES OR CONTENT ON KAMI VISION’s PLATFORM. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE REVIEW SECTION 20.

These Terms are a legal agreement between Kami Vision, Inc.; Xiaoyi Multimedia Israel Ltd.; Xiaoyi India Technology Private Limited; Kami Vision Germany GmbH; Xiaoyi Japan Co, Ltd.; Ants Technology (HK) Limited (collectively “Kami Vision,” “our” and “we”) and you (also referred to as “your”) that governs the Kami Vision Action Camera App, Kami Vision Dashcam App, and Kami Vision Home App including all Updates (defined in Section 3 below), related documentation, and information and content provided by Kami Vision through the Kami Vision Action Camera App, Kami Vision Dashcam App, and Kami Vision Home App (collectively, “Apps”). The Kami Vision Action Camera App, Kami Vision Dashcam App, and Kami Vision Home App are mobile applications designed to connect a mobile device to a Kami Vision Action Camera, Kami Vision Dashcam, or Kami Vision Home Camera (collectively, “Cameras”), respectively, in order to control the Camera and to remotely capture and access recorded videos (“Content”). The Apps also allow users the option to share Content on the Kami Vision Community website. If you are agreeing to these Terms on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in these terms, in which case the terms “you” and “your” shall refer to such corporate entity. If, after your acceptance of these Terms, Kami Vision finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms. Kami Vision shall not be liable for any loss or damage resulting from Kami Vision’s reliance on any instruction, notice, document or communication reasonably believed by Kami Vision to be genuine and originating from an authorized representative of your corporate entity.
Kami Vision’s Privacy Policy for the Apps and the associated Kami Vision Action Camera, Kami Vision Dash Camera, Kami Vision Home Camera is available here and incorporated into these Terms. The Privacy Policy describes practices regarding the information that Kami Vision may collect from your usage of the Apps and/or Cameras.

1. Account Registration. In order to use the features in the App you will need to register a user account with Kami Vision (“Account”) through the App with credentials that you supply or credentials from a designated third-party application, such as Facebook. You agree to provide current, complete, and accurate Account information when you register for an Account, including your geographic region. For users of any of the Apps that are within the European Economic Area (“EEA”), you agree to designate your region for your account to be Europe. You agree to keep your log-in information confidential and not authorize any third party to use it or your Account. You agree that we may attribute all use of your Account to you, and that you are responsible for all activities that occur under your Account. You agree to notify us immediately at support@kamivision.com. If you suspect any unauthorized use of your Account, the App, or any other breach of security. Kami Vision reserves the right in its sole discretion to refuse to keep Accounts for, or provide services to, any individual. Kami Vision reserves the right to suspend or terminate your Account if any information provided during the registration process or at other times proves to be inaccurate, not current, or incomplete or if Kami Vision is notified of improper or illegal activities involving your Account.

2. Eligibility. You may use the App and Kami Vision’s services only if you have the legal capacity to form a binding contract with Kami Vision under applicable law. By agreeing to these Terms, you represent and warrant that you are (i) 18 years of age or older. Only individuals aged 18 and older are permitted to act as Owners of a Kami Vision Account. By agreeing to these Terms, you represent and warrant that the account will not authorize anyone under the age of 16 to use your Kami Vision Camera or Kami Vision Account. Any use or access to any of the Cameras, Apps or Kami Vision’s services is strictly prohibited and is a violation of these Terms. Kami Vision’s services and products are not available to any users previously prohibited by Kami Vision from using Kami Vision’s services and products.

3. Updates. If Kami Vision provides updates, supplements, or add-on components to any of the Apps after you download it (collectively, “Updates”), these Terms will apply to the Updates unless Kami Vision provides additional terms along with the Update (“Additional Terms”), in which case those Additional Terms will apply to the Update. You agree that Kami Vision may automatically check your version of any of the Apps, send Updates to any of the Apps, and require you to the use the most current version of any of the Apps.

4. Third Party Websites; Additional Products and Services. Within the Apps you may encounter links or references to third-party web sites such as Facebook or PayPal (“Linked Sites”). Kami Vision does not control, endorse, or sponsor any Linked Sites or the information, products, or services contained on any Linked Sites. Linked Sites are governed by their own terms of use and privacy policies. You expressly release Kami Vision from any and all liability arising from your use of any third-party website or on-line resource.
In addition to a Camera and App, you may need to use or obtain additional products or services in order to use them, including a mobile device, Internet access, and a data connection. You are responsible for obtaining and paying for these additional products or services (including for internet access or other data transmission).

5. License to Use of the Apps. Conditioned on your compliance with these Terms, Kami Vision grants you a limited, personal, non-exclusive and nontransferable license to download, install, and use the Apps for your personal, non-commercial use on a mobile device owned or otherwise controlled by you solely in connection with your operation of Camera(s) owned by you or by a third party that has authorized your access to the Camera(s) through the owner’s use of the Apps.

6. License Restrictions. The license granted in Section 5 is conditioned on your compliance with the following:
1. You must not attempt to work around, disable, bypass, modify, or defeat any technical limitations in any of the Apps or to use any of the Apps in an attempt to, or in conjunction with any device, program or service designed to circumvent any security features or any technical measures employed to control access to, or the rights in, a content, file or other work;
2. You must not reverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code of any of the Apps, except and only to the extent that applicable law expressly permits, despite this limitation;
3. You must not download or copy any of the Apps, except as expressly permitted in Section 5;
4. You must not rent, lease, lend, sell, sublicense, assign, distribute, publish, perform, display, broadcast, transfer, exploit, or otherwise make available any of the Apps or any features or functionality of any of the Apps to any third party for any reason, including by making any of the Apps available on a network where it is capable of being accessed by more than one device at any time;
5. You must not modify or make any derivative works of any of the Apps, in whole or in part;
6. You must not remove any proprietary notices or labels on any of the Apps or any copy thereof;
7. You must not use the any of Apps in, or in association with, the operation of any hazardous environments or systems, including any aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; and military or aerospace applications, weapons systems or environments;
8. You must not to interfere, with the proper functioning of any of the Apps or Kami Vision’s services or use it, as a platform for external applications; to develop applications, services, websites; or any other functionalities that leverage the any of Apps, Kami Vision’s services, or any portion thereof;
9. You must not interfere or tamper with or access or use non-public areas of Kami Vision’s service, computer systems, or the technical delivery systems of Kami Vision’s service providers.
10. You must not make any use of any of the Apps or Kami Vision’s services in any manner not permitted by these Terms or the documentation; and
11. You must use the App in compliance with all applicable laws. ATTENTION: IT IS ILLEGAL IN MANY JURISDICTIONS TO RECORD AN AUDIO CONVERSATION WITHOUT THE CONSENT OF ALL INDIVIDUALS. YOU MUST COMPLY WITH ALL LAWS WHEN USING ANY OF THE APPS. YOU ARE RESPONSIBLE FOR RESPECTING OTHER’S PRIVACY RIGHTS.

7. Your Content. You are solely responsible for all Content that is uploaded, posted, emailed, transmitted, shared, or otherwise disseminated using, or in connection with, any of the Apps and your Account (“Your Content”). Kami Vision does not claim ownership of Your Content. You represent and warrant that Your Content does not infringe the rights, including intellectual property rights, of Kami Vision or any third party or violate any agreement with or policy of Kami Vision or any applicable law. You agree not to post, upload, publish, submit, or transmit any Content that: (i) violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability, (ii) is fraudulent, false, misleading or deceptive, (iii) is defamatory, obscene, pornographic, vulgar or offensive, (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group, (v) promotes, encourages, or engages in terrorism or violence against people, animals, or property, (vi) promotes, demonstrates or constitutes illegal or harmful activities or substances, or (vii) promotes, encourages, or engages in child pornography or the exploitation of children. If Kami Vision suspects violations of any of the foregoing, Kami Vision may suspend or terminate your Account and may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators.
By making available Your Content by uploading it to the Kami Vision Community, you hereby grant to Kami Vision a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, make publicly available and otherwise exploit such Content on and through third-party distribution channels selected by, but not affiliated with, Kami Vision, in any form, medium or technology now known or later developed, in whole or in part, for any purpose, including for both commercial and non-commercial purposes subject to any limitations on use of your private Content, if applicable, in the Kami Vision Privacy Policy; you also grant Kami Vision the right to sublicense these rights to third parties for distribution via third party distribution channels, which may include viral distribution of your Content.

8. Intellectual Property Rights. You acknowledge and agree that the Apps are provided under license, and not sold, to you. You do not acquire any ownership interest or other rights to the Apps other than the right to use the Apps in accordance with the license in Section 5.
Kami Vision’s services, content and Apps are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Kami Vision and its licensors exclusively own all right, title, and interest in and to the Kami Vision services and content, including all associated intellectual property rights. You must not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Kami Vision’s service or content. All trademarks, service marks, logos, trade names and any other proprietary designations of Kami Vision used herein are trademarks or registered trademarks of Kami Vision. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties;

9. App Availability and Support. Kami Vision does not guarantee availability of the Apps or your Account, and your access is permitted only if and when they are available. Your use of any of the Apps and access to your Account may occasionally be restricted for service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, Kami Vision reserves the right to suspend your Account, your use of any of the Apps, and discontinue your access to Your Content provided or made available to you through the Apps at any time without notice. You agree that Kami Vision may use third-party technologies and service providers in the course of providing Kami Vision’s services to your account.

10. Termination. You may terminate your Account or your use of the App at any time. Kami Vision reserves the right to terminate your Account and these Terms and to suspend or terminate the App or your access thereto at any time if you fail to comply with any term(s) hereof. Sections 6-17 and 19-21 of these Terms will survive termination.

11. DISCLAIMER OF WARRANTIES. KAMI VISION’s SERVICES, APPS AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT FOR THE LIMITED WARRANTY PROVIDED WITH ANY CAMERA YOU MAY PURCHASE, KAMI VISION DOES NOT MAKE ANY OTHER AND DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS WITH RESPECT TO KAMI VISION’s SERVICES, APPS AND CONTENT, INCLUDING ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS. IN PARTICULAR, KAMI VISION HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT AND DOES NOT MAKE ANY WARRANTY OR CLAIM THAT KAMI VISION’s SERVICES, APPS, OR CONTENT WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, OR SECURE BASIS; WILL BE ACCURATE, COMPLETE, RELIABLE, OR FUNCTION PROPERLY; MEET YOUR REQUIREMENTS; BE ERROR FREE OR FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS; PROVIDE SAFETY, PRIVACY, OR SECURITY; OR PREVENT OR MINIMIZE THEFT, PROPERTY DAMAGE, OR INJURY.

12. DISCLAIMER OF CERTAIN DAMAGES. IN NO EVENT WILL KAMI VISION BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES TO OR FOR LOSS OF DATA OR PRIVACY, REVENUE, PROFITS, OR PROPERTY (INCLUDING BUILDINGS, WIRING, FIXTURES, DEVICES, COMPUTERS, PERIPHERALS, AND ANIMALS) OR FOR INJURY OR DEATH, ARISING FROM OR RELATING TO THESE TERMS, YOUR ACCOUNT, OR THE APPS.

13. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTION 12, KAMI VISION’s MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCOUNT, OR THE APPS WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE FIRST CAMERA THAT YOU CONNECTED TO ANY OF THE APPS.

14. IMPORTANT CONSUMER NOTICE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE LIMITATIONS SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN SECTIONS 11, 12, OR 13 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED. IF YOU LIVE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF ANY LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN SECTION 11, 12, OR 13 MAY NOT APPLY TO YOU.

15. Independent Remedies. The disclaimer and limitation of warranties and the exclusion of damages under Sections 11 and 12 are independent of your exclusive remedies in these Terms and the disclaimer and limitations of warranties and exclusion of damages survive even if the exclusive remedies fail of their essential purpose or otherwise are deemed unenforceable. Each of the limitations in Sections 11 and 12 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.

16. Indemnity. You agree to defend, indemnify, and hold Kami Vision, its directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any claim or demand, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) Your Content, your use of any of the Apps, and activities occurring under your Account; (b) any violation of these Terms; or (c) your violation of any other party’s rights or applicable law. Kami Vision reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Kami Vision in asserting any available defenses.

17. Notices. Kami Vision may give you all required notices (including legal process) by any lawful method, including by posting notices on the Apps or by sending it to any email address that you provide to Kami Vision. You agree to send Kami Vision notices by emailing them to: support@kamivision.com.

18. Modifications to these Terms. Kami Vision reserves the right to change these Terms at any time upon notice to you. You agree to periodically review these Terms for changes and you can review the most current Terms at any time at www.kamivision.com. Updated Terms are binding on you as of the effective date indicated in our notice. If, at any time, you do not agree to the Terms, you must cancel your Account and stop using the Apps.

19. Governing Law. These Terms are governed by the laws of the State of California, without reference to its conflict of law’s provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms or to the transactions contemplated by these Terms.

20. AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER; AND LOCATION OF DISPUTE RESOLUTION. You and Kami Vision each agree that all claims, controversies, and disputes between You and Kami Vision, including those arising out of or related to any of the Apps, your Account, or these Terms (each a “Dispute” and collectively the “Disputes”), will be resolved by binding arbitration by a single neutral arbitrator, provided, however, you and Kami Vision are not precluded from asserting in small claims court any Dispute that is eligible to be brought in small claims court. BY AGREEING, YOU ACKNOWLEDGE THAT YOU AND KAMI VISION ARE EACH AGREEING TO FOREGO THE ABILITY TO PURSUE DISPUTES IN COURT, OTHER THAN SMALL CLAIMS COURT, INCLUDING THE ABILITY TO HAVE A JURY DECIDE DISPUTES. Unless You and Kami Vision otherwise agree, JAMS will arbitrate all disputes and JAMS rules will apply. You and Kami Vision each agree to only pursue Disputes on an individual basis and will not pursue Disputes, whether in arbitration or otherwise, on a class, consolidated, or representative basis, regardless of the application of procedural rules. BY AGREEING, YOU ACKNOWLEDGE THAT YOU AND KAMI VISION ARE EACH AGREEING TO FOREGO THE ABILITY TO PROCEED IN CLASS ACTIONS, CONSOLIDATED ACTIONS, OR REPRESENTATIVE ACTIONS, EITHER AS A REPRESENTATIVE OF OR MEMBER OF A CLASS. Notwithstanding any JAMS rule to the contrary, or any other provision in arbitration rules chosen by agreement to govern the arbitration, You and Kami Vision each agree that any challenges to the validity or enforceability of the class action waiver in this Section will be decided by and you consent to personal jurisdiction under the Northern District of California federal courts, and not by an arbitrator. If any court or arbitrator holds that the class action waiver in this Section is unenforceable, then the Dispute must be brought in a California state court in Santa Clara County or federal court in the Northern District of California, and not in arbitration. You and Kami Vision each agree that the location of the arbitration where the Dispute will be resolved will be Santa Clara County. You agree to submit to the personal jurisdiction of the courts of the Northern District of California and the California state courts in Santa Clara County. You and Kami Vision each also agree that for arbitrated Disputes, the arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. An arbitrator may award, on an individual basis, any relief authorized by law, including injunctive or declaratory relief and reasonable attorneys' fees. You and Kami Vision each are responsible for your or its respective costs relating to the arbitration, except that Kami Vision will pay all arbitration administrative or filing fees, including the arbitrator fees (other than arbitrator fees up to the amount of the then-applicable fee for filing a civil action in federal court in the judicial district where you live in any Dispute where You assert a claim against Kami Vision, unless You demonstrate to the arbitrator that You would be entitled to file that civil action in federal court without payment of the then-applicable fee). To begin arbitration, you must send a letter requesting arbitration and describing your Dispute to the contact listed for Kami Vision in Section 17. You may opt-out of the agreement to arbitrate in this Section by mailing Kami Vision written notice of your election to opt-out at 1450 114th Ave SE, Suite 225, Bellevue, WA 98004 within 30 days of your first use of any of the Cameras, Kami Vision Account, or any of the Apps (whichever is earlier), expressly indicating that You are opting out of the agreement to arbitrate in this Section and including your name and address, provided that the election will not be effective until it is received by Kami Vision. Your election to opt-out of the agreement to arbitrate in this Section will not otherwise affect your rights and obligations under these Terms. You and Kami Vision each also agree that these Terms affect interstate commerce, so the Federal Arbitration Act, not state law, applies including with respect to any question of whether a Dispute is subject to arbitration (despite the choice of governing law in Section 19).
The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of Kami Vision relating to your use of Kami Vision products.

21. General. If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. You and Kami Vision intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Kami Vision agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely. Kami Vision may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your Account, to any of the Apps, or under these Terms. If, at any time, Kami Vision fails to respond to a breach of these Terms by you or others, that failure will not waive Kami Vision’s right to act with respect to subsequent or similar breaches. A waiver will only be binding on Kami Vision if it is in writing and signed by Kami Vision. These Terms (including Additional Terms and any incorporated terms or policies) constitute the entire agreement between you and Kami Vision with respect to your Account and the Apps. Both you and Kami Vision warrant to each other that, in entering these Terms, neither Kami Vision nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Kami Vision, or Kami Vision’s successors and permitted assigns, will have any right to enforce any of these Terms. The failure of Kami Vision 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 such right or provision will be effective only if in writing and signed by a duly authorized representative of Kami Vision.

For questions or support, you can contact Kami Vision at support@kamivision.com.

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