TERMS OF SERVICE
This is an Agreement (the "Agreement") between you ("you" or the "Subscriber") and Kami Vision, Inc. ("we" or "Kami Vision"). In this Agreement, "System" means the products you have purchased from Kami Vision; "Services" mean the services you have selected to receive from Kami Vision, including any Account Management Services (as described in Section 20 below), Video-Related Services (as described in Section 21 below), and Emergency Dispatch Services (as described in Section 23 below); “Cameras” means the collective of Yi, Kami, or Third Party Cameras that connect to the Kami Vision Services; “Content” means the recorded videos captured by the Camera; “Mobile Apps” means the collective of Yi Home, Kami Home, Yi IOT, and Yi Life applications, defined as the software or subscription services that may be downloaded to your smartphone, tablet or other connected device (or any related or connected third-party mobile devices or product peripherals that control or connect to any of the foregoing) to access Services remotely and the customer support Services provided by Kami Vision in support of any of the foregoing; "Premises" means the premises at which the System is located. The term “you,” as used in this Agreement, means any person or entity who accesses or uses the Services and any person or entity who creates an account and accepts this Agreement and accesses or uses the Services, including any person granted access to the Services by you. If you are agreeing to this Agreement 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 this Agreement, in which case the terms “you” and “your” shall refer to such corporate entity. If, after your acceptance of this Agreement, 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 this Agreement. 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
1. Services, Eligibility, and Your Account.
(a) Kami Vision will provide you the Services subject to the terms of this Agreement.
(b) Only individuals age 18 and older are permitted to subscribe for the Services and register for an Account. You may use the Mobile 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 this Agreement, you represent and warrant that you are 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 this Agreement, 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 this Agreement. Kami Vision’s services and products are not available to any users previously prohibited by Kami Vision from using Kami Vision’s Services and System.
(c) In order to use the features in the Mobile Apps 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, Google, or Apple. 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 email@example.com if you suspect any unauthorized use of your Account, the Mobile Apps, 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.
(d) If you contact Kami Vision’s customer service, you hereby consent to the means by which such contact was initiated. You similarly consent to Kami Vision contacting you through any of the means that Kami Vision makes available utilizing the contact information identified in your Account. This may include one-way or two-way video-enabled customer service communication methods, whether made available via your mobile device, through the Mobile Apps or any other mobile or web interface now existing or later developed. Except as otherwise expressly agreed by you under a separate services agreement, Kami Vision will not charge you any additional fees to deliver, or for you to receive, such customer support Services; however, your wireless service provider may charge a fee for air-time or data usage associated therewith. Check with your wireless carrier if you have questions about your wireless plan.
(e) You also agree that federal, state or local ordinances or rules around handling of different types of alarms and requests for first responder dispatch may apply to your home security system and monitoring service. You understand that our ability to provide any professional monitoring services will be subject to local rules and practices if you activate service in an area subject to any of these regulations and practices. For example, certain municipalities may require multiple alarms to be received or real time audio or visual confirmation of an alarm before they will dispatch first responders while other municipalities may require that alarms from certain life safety alarms such as CO alarms require calls to emergency response regardless if the occupants believe it to be a false alarm.
2. Term and Termination. The term of this Agreement will continue until this Agreement is terminated pursuant to this section. Kami Vision or Subscriber may terminate this Agreement for any reason or no reason following notice sent to the other as set forth in this section. Subscriber shall provide notice of termination to Kami Vision by calling Kami Vision Customer Support at +1 (888) 878-1584 or emailing at firstname.lastname@example.org and following the instructions provided. Such notice by Subscriber shall be effective upon Kami Vision 's receipt thereof. You understand that termination of these Services can potentially impact the ability of life saving services to be rendered and may require confirmation by Customer Service to confirm the legitimacy of any such request (e.g. the identity of the account holder, that the request for termination is authentic and not made under duress by any third parties, requested date for cancellation if it is in the future, etc). You understand that Customer Service engagement is the best way to ensure the cancellation of potentially life saving services is handled properly.
Kami Vision shall provide notice of termination to Subscriber by e-mail sent to the email address on file with Kami Vision for your current online account. Kami Vision's termination shall be effective when Kami Vision sends the e-mail notice. Upon termination of the Agreement, Kami Vision shall have no further obligation to Subscriber and Subscriber shall have no further obligation to Kami Vision other than (i) the obligation respecting the payment of any monies due to Kami Vision for services rendered; and (ii) the obligations set forth in Sections 3-14, inclusive, 22-43, inclusive. Kami Vision shall not refund any unearned service charges following any termination. There are no termination fees.
3. Payment for Services. Subscriber shall pay Kami Vision the periodic service charge in advance. You authorize Kami Vision to charge your credit/debit card for the periodic (e.g., monthly, quarterly or annually) service charge when due. If charges are declined, Kami Vision shall resubmit the charges for approval and notify you of the declined charges by e-mail while continuing to provide Services for five (5) days. If the charges are not approved and you do not make payment, Kami Vision may, in its sole discretion, discontinue services without notice at or after the end of the five (5) day period. If Subscriber otherwise does not pay any charges when due, Kami Vision may, in its sole discretion, terminate this Agreement and/or discontinue services without notice.
4. INSURANCE. KAMI VISION'S SERVICE CHARGES ARE BASED SOLELY ON THE VALUE OF SERVICES PROVIDED AND ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF PROPERTY LOCATED ON OR NEAR THE PREMISES. YOU ACKNOWLEDGE AND AGREE THAT KAMI VISION IS NOT AN INSURER AND SHALL NOT PROVIDE INSURANCE COVERAGE AGAINST ANY LOSSES, AS DEFINED BELOW. TO THE EXTENT YOU WISH TO HAVE ANY INSURANCE COVERAGE FOR LOSSES, AS DEFINED BELOW, IT IS YOUR RESPONSIBILITY TO PROCURE AND MAINTAIN SEPARATE INSURANCE POLICIES FROM AN INSURANCE COMPANY OR COMPANIES, SOLELY AT YOUR COST AND EXPENSE, COVERING ALL LOSS, DAMAGE OR EXPENSE (COLLECTIVELY, "LOSSES"), INCLUDING ALL PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), ECONOMIC LOSSES OR ANY OTHER FORM OF LOSS, DAMAGE OR EXPENSE, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY (I) THIS AGREEMENT, INCLUDING ANY BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR OBLIGATION ARISING HEREUNDER (II) THE SYSTEM, (III) THE SERVICES (INCLUDING THIRD-PARTY PRODUCTS AND SERVICES), (IV) THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE OF YOU OR ANY KAMI VISION PARTY (AS DEFINED IN SECTION 5), (V) THE IMPROPER OPERATION OR NON-OPERATION OF THE SYSTEM, (VI) BREACH OF CONTRACT, EXPRESS OR IMPLIED, WHICH OCCURS BEFORE OR AFTER THE SIGNING OF THIS AGREEMENT (VII) BREACH OF WARRANTY, EXPRESS OR IMPLIED, (VIII) PRODUCT OR STRICT LIABILITY (IX) THE LOSS OR DAMAGE TO OR MALFUNCTION OF FACILITIES NECESSARY TO OPERATE THE SYSTEM, TRANSMIT ANY SIGNAL TO OR RECEIVE SIGNALS AT ANY MONITORING FACILITY, (X) A CLAIM FOR SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, (XI) A VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED FAULT ON THE PART OF ANY KAMI VISION PARTY, (XII) A VIOLATION OF ANY LAW PROHIBITING THE INTERCEPTION OF ORAL COMMUNICATIONS BY ELECTRONIC MEANS, (XIII) THE ACTIONS OF ANY THIRD PARTY IN RESPONDING TO A SIGNAL FROM THE SYSTEM, OR (XIV) ANY UNAUTHORIZED ACCESS, USE OR DISCLOSURE OF YOUR PERSONAL INFORMATION (COLLECTIVELY, THE "COVERED CLAIMS"). RECOVERY FOR ANY LOSSES, AS DEFINED IN THIS SECTION 4, SHALL BE LIMITED TO THE INSURANCE YOU PURCHASE SEPARATELY FROM AN INSURANCE COMPANY, IF ANY.
5. LIMITATIONS OF LIABILITY AND RELEASE. BY AGREEING TO THIS AGREEMENT, YOU ARE RELEASING KAMI VISION, ITS AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE "KAMI VISION PARTIES"), TOGETHER WITH ANY PROVIDERS OF THIRD-PARTY PRODUCTS AND SERVICES (AS HEREINAFTER DEFINED), ON YOUR BEHALF AND ON BEHALF OF ALL OTHERS WHO MAKE CLAIMS UNDER THIS AGREEMENT FROM ALL LIABILITY ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED IN SECTION 4. UNDER NO CIRCUMSTANCES WILL KAMI VISION BE RESPONSIBLE OR LIABLE TO YOU FOR 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 PERSONAL INJURY OR DEATH, ARISING FROM OR RELATING TO THESE TERMS, YOUR ACCOUNT, OR THE MOBILE APPS. NOTWITHSTANDING THE FOREGOING, EVEN IF ANY KAMI VISION PARTY IS FOUND LIABLE FOR ANY LOSSES, AS DEFINED IN SECTION 4, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED IN SECTION 4, ANY SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE FIRST TWELVE MONTHS OF SERVICES THAT YOU CONNECTED TO ANY OF THE MOBILE APPS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. KAMI VISION DISCLAIMS ALL LIABILITY OF ANY KIND OF KAMI VISION’S LICENSORS AND SUPPLIERS. KAMI VISION AND YOU ACKNOWLEDGE AND AGREE IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE BY KAMI VISION TO PERFORM ANY OF ITS OBLIGATIONS. THIS AGREED-UPON AMOUNT IS NOT A PENALTY, AND IS THE SOLE REMEDY. 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 4 OR 5 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 4 OR 5 MAY NOT APPLY TO YOU.
6. NO WARRANTIES. THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE”, AND KAMI VISION AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.
7. Release of Insured Losses; Waiver of Subrogation. You release Kami Vision for all Losses covered by your insurance policies and for all insurance deductibles. You also waive and release any subrogation and other rights you or your insurance company may have against Kami Vision for money paid to you or on your behalf.
8. INDEMNIFICATION. IF ANYONE OTHER THAN YOU (INCLUDING YOUR INSURANCE COMPANY) ASKS ANY KAMI VISION PARTY TO PAY FOR ANY LOSSES, AS DEFINED IN SECTION 4, INCLUDING ATTORNEYS' FEES, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED IN SECTION 4, INCLUDING THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE OF YOU OR ANY KAMI VISION PARTY, YOU SHALL INDEMNIFY, DEFEND AND HOLD SUCH KAMI VISION PARTY HARMLESS (WITHOUT ANY CONDITION THAT ANY OF THEM FIRST PAY), FOR ALL LOSSES, AS DEFINED IN SECTION 4, INCLUDING ATTORNEYS' FEES, ASSERTED AGAINST OR INCURRED BY SUCH KAMI VISION PARTY. THE FOREGOING INDEMNIFICATION OBLIGATIONS MAY NOT BE ENFORCEABLE IN SOME STATES, SO SUCH OBLIGATIONS MAY NOT APPLY TO YOU.
9. Default. If you default under this Agreement you shall pay Kami Vision for all Losses in enforcing its rights under this Agreement.
10. Binding Agreement. This Agreement shall become binding on Kami Vision only after the commencement of any Services. This Agreement is binding on the parties' heirs, executors, administrators, successors and permitted assigns.
11. Governing Law. Kami Vision controls and manages the Services from its facilities in the State of California in the United States of America. Unless otherwise stated, materials and content on the Services are presented solely for promoting Products and Services in the United States of America. Information published on the Products and Services may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on the Products or Services are legal, available or appropriate in your country or region.
These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without giving effect to any principles of conflicts of law.
12. Assignment. You may not assign this Agreement. Kami Vision may assign all or any portion of this Agreement.
13. No Waiver of Breach. Waiver of your breach of this Agreement shall not be a waiver of any subsequent breach. Kami Vision's rights under this Agreement shall be cumulative, may be exercised concurrently or consecutively and shall include all remedies available even if not referred to in this Agreement.
14. Increase in Charges. Kami Vision may increase periodic recurring charges at any time under this Agreement by sending the notice to you by email to the email address on file with Kami Vision for your current online account.
15. Mobile Apps Availability and Support. Kami Vision does not guarantee availability of the Mobile Apps or your Account, and your access is permitted only if and when they are available. Your use of any of the Mobile 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 Mobile 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
16. Account Management Services. "Account Management Services" means services relating to the remote management of the System through the Mobile Apps or otherwise.
17. Video-Related Services. "Video-Related Services" consists solely of the following: (i) verification of alarm events by monitoring facility personnel in connection with the Emergency Dispatch Services to be provided pursuant to Section 23 ("Emergency Dispatch Services") using audio and video received from the System, (ii) real-time access to video and audio from the System through the Mobile Apps ("Real-Time Services") and (iii) storage and retrieval through the Mobile Apps of recorded video and audio stored on our servers, which storage shall be limited and subject to change (a) in accordance with the terms of the plan you selected or (b) if you did not select a plan that provides for terms regarding storage, at our discretion ("Recorded Services"). Verification Services are intended to assist you and any permitted monitoring facility personnel to verify an alarm event at the Premises, not to reduce or eliminate any risk of loss. None of the Video-Related Services are intended to replace alarm monitoring services or to detect or prevent unauthorized intrusion onto the Premises or any other emergency condition, including fire, smoke, carbon monoxide, medical emergencies or water damage. The Verification Services are provided and shall be used by you solely for the verification of alarm events at the Premises and no other purpose. Monitoring facility personnel will not have access to the Real-Time Services or Recorded Services unless (1) you have granted monitoring facility personnel such access through the Mobile Apps and (2) such video and audio is received at the monitoring facility in connection with the Emergency Dispatch Services.
18. Lawful Recording of Video and Audio; Required Connectivity. Recording video or audio may be unlawful or violate an individual's rights, including privacy rights. You shall not use any of the Video-Related Services, or permit the use of any of the Video-Related Services, for any unlawful purpose. For example, you shall not use the System to obtain or record video in any place where a person may have a reasonable expectation of privacy, including restrooms, dressing or changing areas, locker rooms or similar areas. You also shall take all steps necessary to alert individuals at the Premises of the possibility of recording video or audio. You shall use a form of connectivity to permit the transmission of video, audio and Listed Codes (as defined below) from your System to us and any permitted monitoring facility. You shall instruct all persons who may use any Video-Related Services or the System of any limitations with respect to the Video-Related Services or the System. You shall comply with the provisions of Section 19 with respect to the use of the Video-Related Services and the System.
21. Emergency Dispatch Service. "Emergency Dispatch Services" shall be provided by RapidSOS in accordance with this Agreement. If you select this service, you agree to the following “You agree that by using the Rapid SOS Services, You have read and agreed to the terms of the Rapid SOS End User License Agreement which is found at https://rapidsos.com/business-terms-of-service/ ” Emergency Dispatch Services consist solely of monitoring facility personnel telephoning the governmental authorities ("Authorities") or telephoning or sending SMS/texting notifications and alerts to other persons provided by you ("Responsible Parties" and in accordance with Section 22 below) or any company that provides on-site response services (“Third Party Responders”) upon the receipt of signals from your System reporting specific conditions ("Listed Codes") at the Premises. We shall provide Emergency Dispatch Services only for Listed Codes. Our obligation to provide Emergency Dispatch Services shall be satisfied by monitoring facility personnel contacting (or attempting to contact) the Authorities or Responsible Parties or Third Party Responders or by leaving a voicemail or similar type message with the Authorities or Responsible Parties or Third Party Responders. Emergency Dispatch Services are intended to reduce the risk of a burglary, robbery or other events occurring at the Premises but are not a guarantee such events will not occur or that there will be no personal injury or property loss as a result. The monitoring facility will not contact (nor attempt to contact) any Third Party Responder on your behalf unless you have specifically contracted with us to provide such service, or you have specifically requested that we provide such service (and we have agreed in writing to do so). Examples of where you might desire that the monitoring facility attempt to contact a Third Party Responder include situations (i) where the Premises are located in a jurisdiction in which the applicable Authorities will not respond to alarm signals at the Premises absent prior verification of an actual alarm event, or (ii) where you desire a faster response time than what might otherwise be provided by the applicable Authorities. Regardless of the circumstances, however, you acknowledge that, upon receipt of signals from your System, the monitoring facility will not contact (nor attempt to contact), nor have any obligation to contact, any Third Party Responder unless you have previously contracted with us to provide such service or you have previously requested that we provide such service (and we have agreed in writing to do so).IN ORDER FOR YOU TO BECOME FAMILIAR WITH THE USE AND OPERATION OF THE SYSTEM, YOU SHALL HAVE AN ABILITY TO USE THE SYSTEM IN (THE "TEST MODE") TO PRACTICE USING THE SYSTEM. YOU AGREE THAT DURING THE TEST MODE WE HAVE NO OBLIGATION TO, AND WILL NOT, NOTIFY ANY AUTHORITIES, YOU, OR ANY EMERGENCY CONTACTS OR TAKE ANY OTHER ACTION WITH REGARD TO ANY ALARM SIGNAL WE RECEIVE, EVEN IF DUE TO AN ACTUAL EMERGENCY EVENT.
22. Terms and Consent to Communicate, for Notifications, and Alerts. These provisions apply to messages, alerts, and notifications sent via SMS/text message or via the Kami Vision Mobile Apps (collectively, “Notifications”) in connection with Kami Vision programs, products, and Services. To the extent included in your purchased Services with Kami Vision, you and Responsible Parties may also be able to send Notifications to confirm dispatch or cancel dispatch via SMS/text message. Kami Vision does not charge any fees for you to receive Notifications, other than any monthly fee you may owe if you are a subscriber for Kami Vision monitoring services. Your wireless service provider may charge a fee for Kami Vision sending and/or your receiving Notifications and/or for air-time or data usage associated therewith.Check with your wireless carrier if you have questions about your wireless plan.When you accept these terms, you indicate and acknowledge your consent for Kami Vision to send you Notifications in connection with the Kami Vision Services via SMS/text message or via the Kami Vision Mobile Apps (collectively, “Messaging Services”). If you are a Kami Vision subscriber and add a contact to receive Notifications, you agree and warrant that you have informed the contact about the nature of the Notifications and obtained consent for Kami Vision to send Notifications to the contact. Our Emergency Dispatch Services require that we communicate with the Responsible Parties. Our communication may take different forms, including a live operator telephone call, a pre-recorded telephone message using an auto-dialer, an SMS or other form of text message or some other form of electronic communications. We will communicate with a Responsible Party at the mobile phone number you provide us. You will (i) inform the Responsible Parties that we will communicate with them at such numbers; and (ii) obtain permission from the Responsible Parties that we may communicate with them at these telephone numbers. You will indemnify, defend and hold us harmless (without any condition that we first pay) for any Losses (as defined in Section 4 of this Agreement), including our reasonable attorneys’ fees, arising out of or in connection with, due to or caused in whole or in part by, any claims asserted against us in connection with or as a result of our communications with any of the Responsible Parties, including any claim under any state or federal consumer protection or similar law, including the Telephone Consumer Protection Act.Kami Vision will not be liable for any delays in the receipt of any such Notifications or failure of such Notifications from being sent. Notifications may not be sent from you or delivered to you if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of Kami Vision or your wireless carrier may interfere with message delivery, including your equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent Notifications may not be timely sent or received and that neither Kami Vision nor your wireless carrier guarantees that such Notifications will be delivered or sent.For questions regarding the Messaging Services or to stop receiving messages, please contact Kami Vision Customer Support at +1 (888) 878-1584 or visit https://kamihome.com/contact and click on “Contact Support.” If you would like to change the messaging settings associated with your Kami Vision account, visit the Account settings page in your customer account, which may be accessed through the Kami Vision Mobile Apps.
23. Alarm Verification Prior to Dispatch. Upon receipt of a Listed Code and before calling any Authorities or Responsible Parties or any Third Party Responder, monitoring facility personnel may, in their sole discretion, take any one or more of the following steps in an attempt to verify the need to report the Listed Code to the Authorities or any of the Responsible Parties or any Third Party Responder, (collectively, the "Alarm Verification Steps"): (i) telephone or text or attempt to telephone or text the Premises, (ii) if we have access to Real-Time Services or Recorded Services, receive, retrieve and review video from the System, (iii) intercept or retrieve and listen to oral communications or other audio from the System; or (iv) undertake such other reasonable steps to verify the need to report the Listed Code. Following any one or more of the Alarm Verification Steps, monitoring facility personnel may, in their sole discretion, determine to report (or not report) a Listed Code to the Authorities or any of the Responsible Parties or any Third Party Responder. In addition, if monitoring facility personnel are unable to verify the need to report a Listed Code to the Authorities or any of the Responsible Parties or any Third Party Responder, monitoring facility personnel shall have no obligation to report such Listed Code. Monitoring facility personnel shall have no obligation to review or monitor any audio or video from the System for any time that is not immediately before or after receipt of a Listed Code.
24. Alarm Cancellation. Upon receipt of any current cancellation code set in accordance with the user guide for the System or oral advice (confirmed by safe word) to disregard the receipt of a Listed Code, monitoring facility personnel may, in their sole discretion, determine not to report a Listed Code to the Authorities or any of the Responsible Parties or any Third Party Responder.
25. Communications Equipment and Services. The System is designed to transmit signals to a monitoring facility through certain communications equipment and services, including DSL, broadband, cellular, and/or wireless equipment and services (collectively, the "Communications Equipment and Services"). Regardless of the form of Communications Equipment and Services used, you understand that the Communications Equipment and Services may be interrupted, circumvented, unavailable (for a limited or extended time period) or otherwise compromised, including as a result of equipment designed or used by a third party for the purpose of causing false alarms or gaining unauthorized access to or otherwise affecting or controlling the Communications Equipment and Services or any Video-Related Services. If the Communications Equipment and Services are inoperative or interrupted by any cause, there will be no indication of such at the monitoring facility and the monitoring facility will not receive a signal from your system. You must test the System's data transmission with the monitoring facility at least monthly and immediately after the installation, modification or repair of any Communications Equipment or Service. You must confirm that the Communications Equipment and Services are compatible with the System, including when you make any changes to the Communications Equipment and Services. Your access to, and availability of the Mobile Apps is dependent on (i) your computer, mobile device, home wiring, home Wi-Fi network, Bluetooth connection, and other related equipment, (ii) your Internet service provider, and (iii) your mobile device carrier. You shall immediately repair (or caused to be repaired) any (i) problems with the Communications Equipment and Services; or (ii) problems with the System. Consult the Owner's Manual for your System for further important safety information for your System and the transmission of signals from your System.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE UNDERLYING WIRELESS SERVICE PROVIDER (THE “UNDERLYING CARRIER”) OR ITS AFFILIATES OR CONTRACTORS AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN KAMI VISION AND THE UNDERLYING CARRIER. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT THE UNDERLYING CARRIER AND ITS AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU AND YOU HEREBY WAIVE ANY AND ALL CLAIMS OR DEMANDS THEREFOR.
26. False Alarms; Suspension of Service and Shut-Down. You agree to prevent false alarms and be solely liable for false alarms that result in Emergency Dispatch Services. You must pay (or reimburse Kami Vision) any fines, fees, costs, expenses and penalties relating to the System or Services assessed against you, Kami Vision or the monitoring facility by any person or entity, including any court or governmental agency or any person or entity acting on the behalf of such court or agency. If (i) you default under this Agreement, (ii) this Agreement or the Services are terminated by either party for any reason, (iii) the System becomes a "runaway" system or excessively signals the monitoring facility without apparent reason, or (iv) in the opinion of monitoring facility personnel, the System otherwise becomes a “problem account,” we may suspend the Services and you authorize Kami Vision to disconnect the System from the monitoring facility. The exercise of any such rights shall not be deemed a waiver of Company's right to damages.
27. Data; Data Storage. Your Account provides you with access to certain data stored by us. You agree that we may delete any data delivered to us when (i) any storage period that applies to your account expires, (ii) this Agreement is terminated or expires or (iii) you deliver a written request pursuant to Section 40 and such deletion is not prohibited by any applicable law, regulation, regulatory authority or other applicable judicial or governmental order. Notwithstanding anything contained herein to the contrary, Kami Vision is not responsible for any change to or loss of any data.
28. Third Party App Stores; Third Party Websites. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps, e.g. the App Store from Apple or the Android app market from Google (each, an “App Store”). You acknowledge that this Agreement is between you and Kami Vision and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of this Agreement, the more restrictive or conflicting terms and conditions in this Agreement apply. Kami Vision will not charge you any additional fees for you to receive and download the Mobile Apps; however, your wireless service provider may charge a fee for air-time or data usage associated therewith. Check with your wireless carrier if you have questions about your wireless plan.Within the Mobile Apps you may encounter links or references to third-party web sites such as Facebook, Google, Apple 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 service 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.
30. End User License and Intellectual Property. Subject to the terms and conditions of this Agreement, Kami Vision grants you a non-exclusive, non-transferable license to access and use the Services by (i) use the Mobile Apps in connection with, and solely for the purpose of, controlling and monitoring the Services you are authorized to receive and/or control or monitor, and (ii) install and use the Mobile Apps solely on your own handheld mobile device (e.g., iPhone, iPad, or Android smartphone or other tablet device) and solely for the purposes set forth in this Agreement. There is a risk that unauthorized persons may gain access to the Mobile Apps and data thereon and you agree to assume such risk. You consent to our posting alarm event and other status reports in connection with the Service on the Mobile Apps. You will keep confidential all information available on the Mobile Apps and all passwords relating to the Mobile Apps or access thereto. This license will continue and be co-extensive with the term of this Agreement except for your (i) failure to keep confidential all information available on the Mobile Apps and all passwords or access codes relating to the Mobile Apps or access thereto, (ii) use of the license or the information in any manner that negatively affects us, (iii) use of the license or the information for any illegal purpose, (iv) breach of this Agreement or (v) violation of any applicable law. You will be solely responsible for information you deliver, delete or modify. Upon termination of this Agreement or termination or suspension of the license by us, we may immediately, and without notice, disable your access to the Mobile Apps and cancel all passwords or other access codes. You will not (a) disclose or make available to third parties any portion of the technology associated with the Services or the Mobile Apps without our prior written consent, (b) copy, decompile, dissemble, reverse engineer, manipulate, modify, or make derivative works of any technology incorporated in the Services or the Mobile Apps. Kami Vision may from time to time develop patches, updates, upgrades or other modifications (“Updates”) to improve the performance of the Services or the Mobile Apps. These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services or the Mobile Apps. You acknowledge that you may be required to install Updates to use the Services and you agree to promptly install any Updates that Kami Vision provides. IF YOU FAIL TO INSTALL ANY UPDATES PROVIDED BY KAMI VISION, YOUR ACCESS TO THE MOBILE APPS AND THE SERVICES MAY BE TERMINATED.
31. Suspension of Service. Kami Vision's obligations under this Agreement are waived automatically without notice and you release Kami Vision for all Losses following any default or breach of this Agreement by you or if the monitoring facility, or Communications Equipment and Services are destroyed, damaged, inoperable or malfunction for any reason whatsoever, for the duration of such interruption of service, and you shall be entitled to a credit of the unearned charges paid for the period of interruption on your request, which credit shall not exceed more than one month's service charge and shall be the limit of Kami Vision's liability. If this Agreement is terminated or the Services are suspended or terminated for any reason, you shall immediately disconnect the System from all Communications Equipment and Services (e.g., telephone line, radio transmitter, cellular transmitter, etc.). Upon termination of this Agreement or if the Services are suspended or terminated for any reason we may, in our sole discretion, without notice, and without any liability, remotely disable, disconnect or block the System and data from the System from communicating with the monitoring facility.
32. Time Limitation on Actions. All claims, actions or proceedings against Kami Vision must be commenced in court within one (1) year after the cause of action has accrued, without judicial extension of time, or such claim, action or proceeding is barred. The time period in this Section must be complied with strictly.
33. Integrated Agreement. This Agreement and any document made a part of this Agreement contains the entire agreement between the parties respecting the transactions described in such documents and supersedes all prior or current negotiations, commitments, contracts (express or implied) warranties (express or implied) statements and representations, whether written or oral, pertaining to such transactions, all of which shall be deemed merged into this Agreement. NEITHER PARTY HAS MADE ANY REPRESENTATION, TERM, PROMISE, CONDITION, STATEMENT, WARRANTY, OR INDUCEMENT (COLLECTIVELY, "INDUCEMENT") NOT EXPRESSED IN THIS AGREEMENT RESPECTING THE TRANSACTIONS DESCRIBED IN THIS AGREEMENT AND ANY DOCUMENT MADE A PART OF THIS AGREEMENT AND, IN ENTERING INTO THIS AGREEMENT, NEITHER PARTY IS RELYING ON ANY INDUCEMENT WHICH IS NOT SET FORTH IN THIS AGREEMENT.
34. Valid Agreement. Should any provision of this Agreement (or portion of this Agreement), or its application to any circumstances, be held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provision and this Agreement, or of such provisions as applied to any other circumstances, shall not be affected thereby, and shall remain in full force and effect as valid, binding and continuing.
35. Modifications. Additions, amendments, modifications or deletions to these terms shall not become part of the Agreement unless agreed to in writing by the parties; provided that Kami Vision may add, amend, modify or delete the terms of this Agreement by providing prior written notice of such addition, amendment, modification or deletion on its website at https://kamihome.com/cms/term and/or via a notice delivered pursuant to Section 40 (ii), which amended terms shall be binding upon the parties.
36. Right to Subcontract. Monitoring of the System is provided by a third party independent contractor. Likewise, any Third Party Responder is also an independent contractor. Kami Vision may, in its sole discretion, subcontract for the provision of any of the Services under this Agreement. The provisions of this Agreement inure to the benefit of and are applicable to (i) any subcontractors engaged to provide any of the Services to you, including any monitoring facility and any Third Party Responder; and (ii) each of the Kami Vision Parties (and any providers of Third-Party Products and Services, if any and solely as applicable), and bind you to all such persons or entities listed in the foregoing subsection (i) or (ii) with the same force and effect as they bind you to Kami Vision. Any subcontractor we engage is an independent contractor and not our partner or joint venturer. You authorize us to act as your agent for purposes of working with, or providing any directions to, any subcontractors with respect to the provision of the Services. You authorize us to share your personal information with our subcontractors or Third Parties for the purpose of providing Services under this Agreement.
37. Section Headings; Interpretation. The section titles used herein are for convenience of the parties only and shall not be considered in construing the provisions of this Agreement. When used in this Agreement, (i) the word "including" shall mean "including, but not limited to;" and (ii) the term "sole discretion" shall mean "sole and absolute discretion without any liability."
38. Right to Notice and Cure. If Kami Vision breaches this Agreement, you shall provide Kami Vision written notice specifically identifying the nature of the breach and the provisions of this Agreement affected as a result of such breach. Kami Vision may cure the breach within thirty (30) business days following Kami Vision's receipt of the written notice or, if the breach cannot be reasonably cured within such period, may promptly commence to cure and diligently proceed until cured. If Kami Vision cures any such breach, this Agreement shall continue unabated and Kami Vision shall not be liable to you for any Losses arising out of or in connection with, due to or caused in whole or in part by any such breach.
39. 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 Mobile Apps, your Account, or these Agreement (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 AJURY 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 40. 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 2680 N First Street, Suite 200, San Jose, CA 95134 within 30 days of your ﬁrst use of any of the Cameras, Kami Vision Account, or any of the Mobile 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 this Agreement. You and Kami Vision each also agree that this Agreement 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 11).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.
40. Notices. Unless otherwise expressly provided herein, all notices required to be given to Subscriber shall be deemed to have been duly given if in writing and sent to the e-mail address on file with Kami Vision for your Account. Subscriber is responsible to provide Kami Vision with any changes to Subscriber's e-mail address pursuant to the foregoing sentence. You agree to send Kami Vision notices by emailing them to: email@example.com
41. Severability. If any provision of this Agreement is found to be invalid, the remaining provisions are still effective.
43. Critical Product, Component and Software Updates & Replacements During Services. If, at the Company’s sole and reasonable discretion, certain critical Product, component and/or Software updates or replacements are needed to maintain reliable performance of your system or any components thereof during your subscription for any Services, and the Company makes corresponding hardware or software updates available (collectively, “Critical Updates & Replacements), upon notice the Customer agrees to take reasonable steps and follow provided instructions to effectuate such Critical Updates & Replacements, and to cooperate as reasonably requested to help schedule, coordinate or arrange for such Critical Updates & Replacements to be installed, delivered or implemented. Such Critical Updates & Replacements can include updated labeling, replacements of batteries, replacement of wifi or cellular modules, and even replacements of discontinued products.
THE PARTIES ACKNOWLEDGE THAT THE AGREEMENT WAS NOT ENTERED INTO IN SUBSCRIBER’S HOME OR OTHER FACE-TO-FACE TRANSACTION BETWEEN THE PARTIES, AND THEREFORE NO FEDERAL OR STATE RIGHT OF CANCELLATION IS INTENDED TO APPLY TO THIS TRANSACTION.