.
.
Terms of Services
Last updated on September 22, 2021
Please read carefully theseTerms of Services (the "Agreement") before using the Services(defined below) offered by Shenzhen ZuoMi Technology Co., Ltd.,and its affiliates (collectively, "ZuoMi" or "we"). ThisAgreement governs all the services ZuoMi provides, including: (1) a ZuoMi userwebsite that may be accessed through www.xzzcamera.com("Site"),(2) services accessible through the Site ("Web Services"), (3)software and applications that may be downloaded to your mobile devices("Mobile App"), (4) smart home electronic consumer products offeredat ZuoMi's Site and anywhere else ("Products") and (5) subscriptionservices, including services that can be accessed using the Web Services andMobile Apps ("Subscription Services"), all for use in connection withZuoMi Products and in other ways that ZuoMi provides (collectively hereinafterreferred to as "Services"). Some ZuoMi Services can be used in theways that involve integration with products and services offered by thirdparties.
BYUSING ZUOMI'S PRODUCTS AND/OR SERVICES YOU AGREE THAT YOU HAVE READ AND AGREETO BE BOUND BY AND ARE A PARTY TO THE TERMS AND CONDITIONS HEREUNDER TO THEEXCLUSION OF ALL OTHER TERMS. YOU REPRESENT AND WARRANT THAT YOU ARE OFSUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THESERVICES AND TO ENTER INTO THIS AGREEMENT. THESE TERMS AND CONDITIONS REQUIRETHE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THANJURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OFTHIS AGREEMENT, YOU SHOULD DISCONNECT YOUR PRODUCTS FROM YOUR ACCOUNT AND CEASEACCESS OR USE OF THE SERVICES.
ASDESCRIBED BELOW, USAGE AND LIMITATION OF SERVICES AND WARRANTY DISCLAIMERSDESCRIBE IMPORTANT LIMITATIONS OF THE SERVICES, ESPECIALLY IN CONNECTION WITHLIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOUARE ACKNOWLEDGING THEM AND ACCEPTING THEM.
Access to Services
Subjectto these Terms, ZuoMi grants you a non-transferable, non-exclusive, right(without the right to sublicense) to access and use the Services.
ZuoMimay change, suspend or discontinue the Services at any time, including theavailability of any feature, database, or Content. ZuoMi may also impose limitson certain features and services or restrict your access to parts or all of theServices without notice or liability. You may only use the Services and theProducts for your own personal, non-commercial use, and not for the use orbenefit of any third party, and only in a manner that complies with all lawsthat apply to you. Authorization for use of the Services does not apply to anyuse prohibited by any applicable law. We can't and won't be responsible foryour using the Services in a way that breaks the law. Any software componentembodied in the Products is licensed, and not sold, to you.
ZuoMimay provide the opportunity for you to interface the products and services toone or more third parties, through and using the Service. You decide whetherand with which third party products and services you want to interface. Yourexplicit consent and authorization is required for this interface and isrevocable by you at any time. Once your consent is given for particular thirdparty products and services, you agree that ZuoMi may exchange information andcontrol data regarding you and your Products, including your personalinformation, in order to enable the interface you have authorized. Once thisinformation is shared with the third party products or services, its use willbe governed by the third party's privacy policy.
ZuoMireserves the right, at any time, to modify, suspend, or discontinue theServices or any part thereof with or without notice. You agree that ZuoMi willnot be liable to you or to any third party for any modification, suspension, ordiscontinuance of the Services or any part thereof.
The Services are intendedfor persons aged 18 years or older. We do not knowingly collect personalinformation from someone under the age of 18. No one under the age of 18 mayprovide any personal information to ZuoMi or on the Services.
Yourepresent and warrant to us that: (i) you are of legal age to form a bindingcontract; (ii) all registration information you submit is accurate andtruthful; and (iii) you will maintain the accuracy of such information. Youalso certify that you are legally permitted to use and access the Services andtake full responsibility for the selection and use of and access to theServices. This Agreement is void where prohibited by law, and the right toaccess the Services is revoked in such jurisdictions.
Accounts
Certainfeatures or services offered on or through the Site and Mobile Apps may requireyou to open an account (including setting up a ZuoMi Account and password). Youare entirely responsible for maintaining the confidentiality of the informationyou hold for your account, including your password, and for any and allactivity that occurs under your account as a result of your failing to keepthis information secure and confidential. You agree to notify ZuoMi immediatelyof any unauthorized use of your account or password, or any other breach ofsecurity. You may be held liable for losses incurred by ZuoMi or any other userof or visitor to the Site due to someone else using your ZuoMi Account,password or account as a result of your failing to keep your accountinformation secure and confidential.
Youmay not use anyone else's ZuoMi Account, password or account at any timewithout the express permission and consent of the holder of that ZuoMi Account,password or account. ZuoMi cannot and will not be liable for any loss or damagearising from your failure to comply with these obligations.
Content
Certain materials may bedisplayed or performed on the Services (including, but not limited to text,graphics, articles, photographs, video, images, and illustrations("Content"). Your submitted Content, which includes any audio orvideo content, pictures or data captured from the Product as well as anyinformation that you and other users provide us in the course of using theServices, which we may use to provide, maintain and improve the Services("User Submissions"). When using the Services, some User Submissionsmay be visible to others (for example, the Services allows you to upload, post,or otherwise share video content). You hereby agree and grant ZuoMi aperpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensableand transferable right to use, view, copy, adapt, modify, distribute, transfer,display, prepare derivative works of, transmit and exploit such UserSubmissions, including all associated intellectual property rights, solely inconnection with providing you the Services and as directed by you. You alsohereby do and shall grant each user of the Services a non-exclusive license toaccess and use your User Submissions through the Services and as permittedthrough the functionality of the Services and under these Terms. Furthermore,you understand that we retain the right to reformat, modify, create derivativeworks of, excerpt, and translate any User Submissions submitted by you. ZuoMiwill only share or transfer your personally identifiable information inaccordance with the ZuoMi Privacy Policy. For clarity, theforegoing license grant to ZuoMi does not affect your ownership of or right togrant additional licenses to the material in your User Submissions, unlessotherwise agreed in writing.
Youmay choose to, or ZuoMi may invite you to submit comments, suggestions, orideas about the Services, including how to improve the Services("Ideas"). By submitting any Ideas, you agree that your submissionsare voluntary, gratuitous, and without restriction and will not place ZuoMiunder any fiduciary or other obligation. ZuoMi may use, copy, modify, publish,or redistribute the submission and its contents for any purpose and in any waywithout any compensation to you. You also agree that ZuoMi does not waive anyrights to use similar or related ideas previously known to ZuoMi, developed byits employees, or obtained from other sources.
Youacknowledge and agree that you are solely responsible for all Content that youupload, post, email, transmit, or otherwise disseminate using, or in connectionwith, the Services, or that you contribute in any manner to the Services; yourepresent and warrant that you have all rights necessary to do so, in themanner in which you contribute it; and you license to ZuoMi all patent,trademark, trade secret, copyright or other proprietary rights in and to suchcontent for publication on the Service pursuant to these Terms. You shall abideby all copyright notices, trademark rules, information, and restrictionscontained in any Content accessed through the Services, and shall not use,copy, reproduce, modify, translate, publish, broadcast, transmit, distribute,perform, upload, display, license, sell or otherwise exploit for any purposeswhatsoever any Content or third party submissions or other proprietary rightsnot owned by you: (i) without the express prior written consent of therespective owners, and (ii) in any way that violates any third party right. ZuoMireserves the right to remove any User Submissions from the Services at anytime, for any reason or for no reason at all.
Underno circumstances will ZuoMi be liable in any way for any User Submissions,including, but not limited to, any errors or omissions in any User Submissions,or any loss or damage of any kind incurred in connection with use of orexposure to any Content posted, emailed, accessed, transmitted, or otherwisemade available via the Service.
Restrictions
Youwarrant, represent and agree that: you will not contribute any Content or UserSubmissions or otherwise use the Services in a manner that (i) infringes orviolates the intellectual property rights or proprietary rights, rights ofpublicity or privacy, or other rights of any third party; (ii) violates anylaw, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive,threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,libelous, or otherwise objectionable; (iv) impersonates any person or entity,including without limitation any employee or representative of ZuoMi; or (v)contains a virus, trojan horse, worm, time bomb, or other harmful computercode, file, or program. ZuoMi reserves the right to remove any Content from theServices at any time, for any reason (including, but not limited to, uponreceipt of claims or allegations from third parties or authorities relating tosuch Content or if ZuoMi is concerned that you may have breached theimmediately preceding sentence), or for no reason at all. You, not ZuoMi,remain solely responsible for all Content that you share, publish, upload,post, email, transmit, or otherwise disseminate using, or in connection with,the Services, and you warrant that you possess all rights necessary to providesuch content to ZuoMi and to grant ZuoMi the rights to use such information inconnection with the Services and as otherwise provided herein.
Youare responsible for all of your activity in connection with the Services. Anyfraudulent, abusive, or otherwise illegal activity may be grounds fortermination of your right to access or use the Services. You may not post ortransmit, or cause to be posted or transmitted, any communication or solicitationdesigned or intended to obtain password, account, or private information fromany other User or anyone. Use of the Services to violate the security of anycomputer network, crack passwords or security encryption codes, transfer orstore illegal material (including material that may be considered threateningor obscene), or engage in any kind of illegal activity is expressly prohibited.You will not run Listserv, Mail list, any form of auto-responder, or"spam" on the Services, or any processes that run or are activatedwhile you are not logged on to the ZuoMi Account, or that otherwise interferewith the proper working of or place an unreasonable load on the Services'infrastructure. Furthermore, the use of manual or automated software, devices,or other processes to "crawl", "scrape", or"spider" any page of the Site is strictly prohibited. You will notdecompile, reverse engineer, or otherwise attempt to obtain the source code ofthe Services. You will be responsible for withholding, filing, and reportingall taxes, duties and other governmental assessments associated with youractivity in connection with the Services.
Subscribed Services
SubscriptionPlan Billing. For subscription plans, you may initiallysubscribe for periods of 1 month, 6 months, or 1 year, depending on theparameters of the given plan. Please note that not all plans offer all of theseperiods. For example, some plans may only be available on a yearly basis, whileothers may be offered on a monthly basis. Recurring subscription fees arebilled or charged every month, 6 months, or 1 year, respectively, from the dayof your initial subscription, in accordance with the plan that has beenselected.
If you subscribed on the 29th, 30th, or 31st of a month, and such date is laterthan the last day of a month in which subscription fees are due, yoursubscription will be renewed and billed on the last day of that month. Forexample, a 1 month subscription that began on March 31st will be renewed andbilled on April 30th, etc. If any payment is not received in a timely manner,or if any credit card or similar transaction is rejected, ZuoMi reservesthe right to process any payment method you have submitted to retry billinguntil successful, or to cancel your subscription plan and to collect anyrejection or insufficient funds fee due.
AutomaticRenewal. In order to make sure that yourcontinued use of our Services is not disrupted, your subscription period of 1month, 6 months, or 1 year, as applicable, will be automatically renewed whenyour initial subscription expires, unless and until you choose to unsubscribefrom us or we cancel your subscription.
Freetrial Periods. ZuoMi may offer free trial periods for someof its subscription plans. There are two types of free trial periods. ForOpt-In Free Trials, by accepting the free trial, you explicitly agree andconsent that upon expiration of the free trial period, your account willautomatically enroll in the corresponding paid subscription plan, and you willbe billed or charged at this time. In order to avoid such billing, you mustcancel the free trial before its expiration, in accordance with thecancellation policy below. For Non-Opt-In Free Trials, upon expiration of thefree trial period, your account will not be automatically enrolled in a paidsubscription plan, and thus your subscription status will cease. To avoid anyconsequences of such loss of subscription status, such as permanent deletion ofcloud clips or recordings, you must enroll in a paid subscription prior toexpiration of the free trial period.
Cancellationsand Refunds. You may cancel your recurringsubscription through your ZuoMi account at any time, with or withoutcause. If you subscribed to the cloud plan through the iOS/Google in-apppurchase, your subscription and billing is managed by Apple/Google. You willneed to cancel your subscription from your iTunes/Google Play account. Yourcancellation date will be in accordance with the time stamp of the originalcontact. To avoid future billing, you must cancel your subscription before thenext renewal date. Cloud subscription plans are not eligible for refunds. Assuch, after cancellation you will continue to enjoy access to the subscriptionplan until the last day of your current subscription period. After the subscriptionperiod ends, you will no longer be billed the recurring subscription fees, andyour cloud recordings will be permanently deleted and will no longer beaccessible to you.
Usage and Limitation ofServices
TheServices are intended to be accessed and used for non-critical information andcontrol of Products. While we aim for the Services to be highly reliable andavailable, they are not intended to be reliable or available 100% of the time.The Services are subject to suspension, interruptions and failures for avariety of reasons beyond ZuoMi's control, including but not limited to Wi-Fiintermittency, service provider uptime, mobile service carriers and any otherrelated third parties. You acknowledge these limitations and agree that ZuoMiis not responsible for any damages allegedly caused by the failure or delay ofthe Services to reflect current status or notifications. YOU AGREE THAT THEPRODUCTS AND SERVICES, WHETHER STANDING ALONE OR INTERFACED WITH THIRD-PARTYPRODUCTS OR SERVICES, ARE NOT AN EMERGENCY NOTIFICATION SYSTEM.
Youfurther acknowledge that, although ZuoMi's target is to provide highly reliableand available service, the Services, including remote access and mobile alerts,should not be deemed to be 100% reliable and 100% available. Services may besuspended temporarily without notice for a variety of reasons, including, butnot limited to, security, system failure, and maintenance, or othercircumstances. There is no guarantee that you will receive mobile alerts in anygiven time or at all. You agree that you will not be entitled to any refund orrebate for such suspensions. ZuoMi does not offer any specific uptime guaranteefor the Services. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFESAFETY OR CRITICAL PURPOSES. MOBILE ALERTS FROM YOUR ZUOMI PRODUCTS AREPROVIDED FOR INFORMATIONAL USE ONLY.
TheServices, although accessible worldwide, have been designed for use byresidents of the United States, AS APPLICABLE. You are responsible forcomplying with all applicable laws and regulations of the country where youaccess or use the Services. We are not liable or responsible if you violate anysuch law.
Warranty Disclaimers
THEWARRANTY FOR PRODUCTS IS SET FORTH IN THE LIMITED WARRANTY. THE SERVICES AREPROVIDED FOR YOUR CONVENIENCE, "AS IS" AND "AS AVAILABLE"AND ZUOMI AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES ANDCONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES ORCONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, ANDNON-INFRINGEMENT.
ZUOMIAND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTEDOR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLEWITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ONAN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATEOR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOUFROM ZUOMI OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.
ZUOMIDOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTSOR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTIONWITH THE PRODUCTS OR SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICES, AND ZUOMIWILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU ANDTHIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.
WHENYOU INSTALL, SETUP OR USE PRODUCTS AND SERVICES LIKE THOSE PROVIDED BY ZUOMIYOU ARE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS.THE CHOICES YOU MAKE CAN CAUSE DAMAGE OR LEAD TO NON-RECOMMENDED OPERATION OFYOUR CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR SUCH DAMAGEWHEN YOU CHOOSE PARTICULAR SETTINGS OR SET OR ADJUST DEFAULTS.
ZUOMIMAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSEDTHROUGH THE SERVICES, AND ZUOMI WILL NOT BE RESPONSIBLE OR LIABLE FOR THEACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN ORACCESSED THROUGH THE SERVICES. ZUOMI MAKES NO REPRESENTATIONS OR WARRANTIESREGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED ORPURCHASED THROUGH THE SERVICES.
YOUACKNOWLEDGE AND AGREE THAT ZUOMI IS NOT RESPONSIBLE FOR ANY CLAIM OR LIABILITYALLEGEDLY CAUSED BY OR ARISING OUT OF OR IN CONNECTION WITH TRANSMISSIONERRORS.
Indemnity and Limitation ofLiability
Youwill indemnify and hold ZuoMi, its parents, subsidiaries, affiliates, officers,and employees harmless (including, without limitation, from all damages,liabilities, settlements, costs and attorneys' fees) from any claim or demandmade by any third party due to or arising out of your access to the Service,use of the Service, your violation of this Agreement, or the infringement byyou or any third party using your account of any intellectual property or otherright of any person or entity.
Nothingin these Terms and in particular within this "Limitation ofLiability" clause shall attempt to exclude liability that cannot beexcluded under applicable law.
TOTHE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVEWARRANTY DISCLAIMERS, IN NO EVENT WILL (A) ZUOMI BE LIABLE FOR ANY INDIRECT,CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGESFOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICES OR THEPRODUCTS, EVEN IF ZUOMI KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCHDAMAGES, AND (B) ZUOMI'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TOTHE SERVICES AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEEDTHE FEES ACTUALLY PAID BY YOU TO ZUOMI OR ZUOMI'S AUTHORIZED RESELLER FOR THESERVICES OR THE PRODUCTS AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THISLIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORETHAN ONE INCIDENT OR CLAIM. ZUOMI DISCLAIMS ALL LIABILITY OF ANY KIND OF ZUOMI'SLICENSORS AND SUPPLIERS. UNDER NO CIRCUMSTANCES WILL ZUOMI BE LIABLE IN ANY WAYFOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANYCONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OFOR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISEMADE AVAILABLE VIA THE SERVICES.
Intellectual Property
Youagree that all intellectual property rights, including without limitationcopyrights, patents, trademarks, and trade secrets, in the Products, ProductsSoftware, and Services (i.e., the Site, Web Services, and Mobile Apps) areowned by ZuoMi or its affiliates or our licensors. Your possession, access, anduse of the Product, Product Software, and Services do not transfer to you orany third party any rights, title, or interest in or to such intellectualproperty rights. ZuoMi and its affiliates and licensors and suppliers reserveall rights not granted in these Terms. The Services are licensed to you, notsold, under these Terms.
Youmay only copy parts of the Services (including this Site) onto your owncomputer for your own personal use. You may not use the content of the Servicesin any other public or commercial way nor may you copy or incorporate any ofthe content of the Services into any other work, including your own websitewithout the written consent of ZuoMi. You must have a license from us beforeyou can post or redistribute any portion of the Services. Other than withrespect to User Submissions, ZuoMi retains full and complete title to allcontent on the Services, including any downloadable software and all data thataccompanies it. You must not copy, modify or in any way reproduce or damage thestructure or presentation of the Services or any content therein.
International Use
Recognizing the globalnature of the Internet, you agree to comply with all local rules regardingonline conduct and acceptable content. Please note that information publishedon this Site or otherwise made available to you by the Services may refer toproducts, programs or services that are not available in your country.
By using ZuoMi products,including ZuoMi's web and mobile applications and cloud services, you give ZuoMipermission to collect, process, and store data as described in this DataProtection and Privacy Notice. ZuoMi's servers are located in the United Statesof America and your information, including personal data, may be transferred tothe United States and processed and stored there. Your information, includingpersonal data, may also be transferred and processed in other countries where ZuoMioperates. These countries may not have privacy laws similar to or ascomprehensive as the laws where you reside and/or are a citizen. When wetransfer your personal information to other countries, we will protect thatinformation as described in our Privacy Policyoras disclosed to you at the time of data collection. By using ZuoMi's products,services, or by accessing its websites you explicitly consent to thistransferring, processing, and storage of your information, including personaldata.
Third Party Products andServices
ZuoMimay provide the opportunity for you to interface with products and servicesprovided by a third party. ZuoMi Services also rely on or interoperate withthird party products and services, which are beyond ZuoMi's control. Theoperation of the third party may impact or be impacted by the use andreliability of ZuoMi Services. You hereby acknowledge that your use of anythird-party products and services is governed by separate terms and conditionsprovided by the operator(s) of the applicable third-party products andservices. You acknowledge and agree that ZuoMi makes no representation orwarranty about the operation, reliability, or safety of any third-partyproducts or services. ZuoMi has no control over and assumes no responsibilityfor, the content, accuracy, privacy policies, or practices of or opinionsexpressed in any third-party products and services. In addition, ZuoMi will notand cannot monitor, verify, censor or edit the content of any third-partyproducts and service. ZuoMi is not responsible for your use of any third-partyproducts and services or any personal injury, death, property damage(including, without limitation, to your home), or other harm or losses arisingfrom or relating to your use of any third-party products or services. Youshould contact the third party with any questions about its products andservices.
Youacknowledge that ZuoMi uses third party service providers to enable someaspects of the Services - such as, for example, data storage, synchronization,and communication through cloud service providers, and mobile devicenotifications through mobile operating system vendors and mobile carriers.
Youacknowledge that the availability of the Services is dependent on (i) yourcomputer, mobile device, wiring, Wi-Fi network, Bluetooth connection, and otherrelated equipment ("Equipment"), (ii) your Internet service provider("ISP"), and (iii) your mobile services carrier("Carrier"). You acknowledge that you are responsible for all feescharged by your ISP and Carrier in connection with your use of the Services.You also acknowledge that you are responsible for compliance with allapplicable agreements, terms of use/service, and other policies of your ISP andCarrier.
Youacknowledge and agree that the availability of the ZuoMi's Mobile App isdependent on the third-party products and services from which you download themobile applications, e.g., the App Store from Apple or the Android app marketfrom Google. You acknowledge that these Terms are between you and ZuoMi and notwith an App Store. Each App Store may have its own terms and conditions towhich you must agree before downloading ZuoMi's Mobile App from it. You agreeto comply with, and your license to use the ZuoMi's Mobile App is conditionedupon your compliance with, such App Store terms and conditions. To the extentsuch other terms and conditions from such App Store are less restrictive than,or otherwise conflict with, the terms and conditions of these Terms, the morerestrictive or conflicting terms and conditions in these Terms apply.
Byusing the Services, you expressly relieve and hold harmless ZuoMi from any andall liability arising from your use of any third-party products and services.Your interactions with organizations and/or individuals found on or through theServices, including payment and delivery of goods or services, and any otherterms, conditions, warranties or representations associated with such dealings,are solely between you and such organizations and/or individuals. You shouldmake whatever investigation you feel necessary or appropriate before proceedingwith any online or offline transaction with any of these third parties. Youagree that ZuoMi shall not be responsible or liable for any loss or damage ofany sort incurred as the result of any such dealings. If there is a disputebetween participants of the Services, or between users and any third party, youunderstand and agree that ZuoMi is under no obligation to become involved. Inthe event that you have a dispute with one or more other users, you herebyrelease ZuoMi, its officers, employees, agents, and successors in rights fromclaims, demands, and damages (actual and consequential) of every kind ornature, known or unknown, suspected or unsuspected, disclosed or undisclosed,arising out of or in any way related to such disputes.
ZuoMihereby disclaims and you hereby discharge, waive and release ZuoMi and itslicensors and suppliers from any past, present, and future claims, liabilities,and damages, known or unknown, arising out of or relating to your interactionswith such third parties and their products and services. YOU HEREBY WAIVECALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICHSTATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITORDOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTINGTHE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS ORHER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE ANY SIMILAR PROVISION INANY OTHER JURISDICTION.
Privacy Policy
Please see ZuoMi Privacy Policyforinformation and notices concerning ZuoMi's collection and use of your personalinformation with respect to the Service. The Privacy Policy is herebyincorporated by reference; your acceptance of this Agreement constitutes youracceptance and agreement to be bound by our Privacy Policy.
Data Protection Laws
ZuoMi products are designedand intended primarily for personal and household use. Nonetheless, laws inyour jurisdiction may impose obligations on how you use the Services. Forvideo, audio, and photographic information collected by the Services, you arethe controller of this data and ZuoMi is the processor under relevant laws. Byusing the Services, you agree that you, not ZuoMi, are responsible for adheringto applicable laws, including those covering the recording of third parties.For more information on this, see our Privacy Policy.
Cloud Service Provider
meShareInc.("meShare") is our cloud service provider. By using our Services,you agree to allow meShare to contact you (via email or mail) for cloud surveyand promotional purposes. Your feedback will be kept in strict confidence andused only for the purpose of improving meShare's products and services. Thedata you provide to meShare will be governed by its privacy policy.
Termination
ThisAgreement shall remain in full force and effect while you use the Service. Youmay terminate your use of the Service at any time. At any time, ZuoMi may (i)suspend or terminate your rights to access or use the Services, or (ii)terminate these Terms with respect to you if ZuoMi in good faith believes thatyou have used the Services in violation of these Terms, including anyincorporated guidelines, terms or rules. All provisions of this Agreementwhich, by their nature, should survive termination, shall survive termination,including, without limitation, warranty disclaimers and limitations ofliability.
Disputes Resolution andArbitration Agreement
Ifa dispute arises between you and ZuoMi, our goal is to learn about and addressyour concerns. You agree that you will notify ZuoMi about any dispute you havewith ZuoMi regarding these Terms and Conditions.
For any questions orclaims, please contactZuoMi.
General
Language.This Agreement may be translated into other languages otherwise than English.To the extent allowed by law, the English version of this Agreement is bindingand other translations are for convenience only.
Entire Agreement. ThisAgreement (including additional terms that may be provided by us when youengage with a feature of the Services) is the entire agreement between you andus and supersedes all prior representations or agreements for the Services.Headings are for reference purposes only and do not form part of thisAgreement.
Changes to these terms. ZuoMireserves the right to make changes to these Terms. We'll post notice ofmodifications to these Terms on this page. You should ensure that you have readand agree with our most recent Terms when you use the Services. Continued useof the Services following notice of such changes shall indicate youracknowledgment of such changes and agreement to be bound by the revised Terms.
Severability.If any part of this Agreement is held invalid or unenforceable, that portionwill be construed in a manner consistent with applicable law to reflect, asnearly as possible, the original intentions of the parties, and the remainingportions will remain in full force and effect.
Assignment.You may not assign or transfer this Agreement, by operation of law orotherwise, without ZuoMi's prior written consent. Any attempt by you to assignor transfer this Agreement, without such consent, will be null and of noeffect. ZuoMi may assign or transfer this Agreement, at its sole discretion,without restriction. Subject to the foregoing, this Agreement will bind andinure to the benefit of the parties, their successors and permitted assigns.
Governing Law.All matters relating to Services and these Terms and any dispute or claimarising therefrom or related thereto (in each case, including non-contractualdisputes or claims), shall be governed by and construed in accordance with theinternal laws of the State of California without giving effect to any choice orconflict of law provision or rule (whether of the State of California or anyother jurisdiction). You agree to submit to the personal jurisdiction of thestate and federal courts in or for Alameda County, California for the purposeof litigating all such claims or disputes, unless such claim or dispute isrequired to be arbitrated as set forth in an above section.
Failureor delay by ZuoMi to enforce any these Terms will not constitute a waiver ofour rights against you and does not affect our right to require futureperformance thereof.
