IvedaCare Terms of Service
- Iveda Company provides services that intelligently manage safety, security, and energy for homes and businesses. These family-centric services empower people to interact with and control homes or businesses from anywhere in the world through smartphones, voice interfaces, connected devices, and web user experiences.
- IvedaCare is a service provided by Iveda Company.
- IvedaCare helps families support and keep track of each other, including seniors and loved ones living alone or with a spouse or caregiver. The IvedaCare service can connect up to 10 people to a home in a Trusted Circle™ of family and friends to conveniently share alerts and insights about a senior’s day-to-day wellness. One potential outcome is to enable seniors to live in their own home longer, delaying a costly move to an independent or assisted living facility.
- IvedaCare can also provide monitored security services to protect a home or business, and energy management services to help automatically save money.
- IvedaCare distributes SMS text alerts about incidents that need immediate attention. If a situation requires a response, anyone in the Trusted Circle™ who receives an alert can simply tap the phone number provided in the text message to facilitate direct phone contact with the Emergency Call Center.
- IvedaCare constantly learns daily activity patterns of people in the home and can warn caregivers, family members, and friends about incidents of concern including falls, wandering away, abnormal activity, sleep patterns, and more. The senior does not need a smartphone for the service to function, nor are they required to wear an emergency response pendant. IvedaCare provides better peace-of-mind for remote family members by keeping track of loved ones who may live alone.
- IvedaCare is expandable with today’s popular third party devices including voice control with Google Home or Amazon Alexa, thermostats, locks, smart plugs, water leak sensors, sirens, video cameras, lighting and more.
- IvedaCare customer support can schedule an installation expert to virtually guide new users through a short and elegant setup process to get up and running quickly.
• Summary, Terms of Service
- IvedaCare is not a time-critical emergency service nor a healthcare service.
• 1. Definitions
- 1.1. “Iveda” is the sole Service and Application provider for IvedaCare.
- 1.2. “Enabled Device” shall mean a Iveda-capable device that is rightfully under Your control. Enabled device may be offered by Iveda Company or it can be supplied by Third Party.
- 1.3. “Registered Device” refers to an Enabled Device registered on IvedaCare Service offered by Iveda Company.
- 1.4. “Cloud Server” shall mean the Iveda IoT Operating System, which consists of a Cloud infrastructure that provides TCP/IP- or UDP-based communication with a Registered Device or between a Registered Device and Your Application.
- 1.5. “Service Module” shall mean the IvedaCare subscription-based application modules that are available through Iveda.
- 1.6. “IvedaCare” or “Services” or “Service” refers to Iveda’s websites, device management Services, user experience Services, the data communications Services, Iveda Service Modules, image/audio/video streaming and video/image/audio/file storage and/or other Services that may be introduced in the future for which there are ongoing hosting fees for Iveda to provide such a feature or Service. The term “Services” may refer to a single Service or a collection of Services and Service Modules, including Microservices.
- 1.7. “Services Term” shall be period of time for which Iveda has committed to provide and You have committed to pay for Services.
- 1.8. “You” and “Your” and “Your Company” and “User” refers to any user of the Services, or the company You represent.
- 1.9. “Third-Party Supplier” refers to an infrastructure provider or an entity that supplies other technologies or supplier of Enabled Devices or services used by Iveda.
- 1.10. “Terms of Service” or “Terms” is covered in this EULA
- 1.11. “Content” refers to any user-generated data or data that is generated from a Registered Device, such as sensor data, measurements, commands, images, videos, audio, files, contacts, or recordings.
- 1.12 “Personal Data” refers to Your identification data: Name, Address, Phone number, email address or other data which is identifiable to You.
- 1.13 “Location” refers to a virtual entity that represents a physical home or business where the Services are installed and operating.
- 1.14 “Trusted Circle” refers to Family Members and Friends and Caregivers to whom You give access to IvedaCare Sevice associated with a specific Location.
- 1.15 “Professional Monitoring Services” refers to Third Party Professional Organization who can provide communication assistance between You, Your Trusted Circle, and Emergency Call Center Services.
• 2. Use of the Service
- 2.1. YOU MAY NOT USE THE SERVICES IN ANY SITUATION WHERE FAILURE OR FAULT OF THE SERVICES COULD REASONABLY BE EXPECTED TO LEAD TO (A) DEATH OR SERIOUS BODILY INJURY OF ANY PERSON, OR (B) TO PHYSICAL OR ENVIRONMENTAL DAMAGE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING SENTENCE, YOU MAY NOT USE, OR PERMIT ANY OTHER PERSON TO USE, THE SERVICES IN CONNECTION WITH MODES OF HUMAN MASS TRANSPORTATION (WHILE IN TRANSIT), ANY FUNCTION NECESSARY TO THE SAFE OPERATION OF NUCLEAR OR CHEMICAL FACILITIES, OR MEDICAL DEVICES CLASSIFIED AS CLASS III UNDER THE FEDERAL FOOD, DRUG AND COSMETIC ACT.THE SERVICES ARE NOT TIME CRITICAL ALERT NOR EMERGENCY SYSTEM. THE SERVICES ARE NOT MEDICAL DEVICE, MEDICAL SERVICE OR HEALTHCARE ADVICING SERVICE.
- 2.2. Your Services. The Services are provided by Iveda to be used by You and Your Trusted Circle and your caregivers exclusively in connection with Iveda products and are subject to the conditions of these Terms of Service. Subject to timely payment of all charges on Your account and these Terms of Service, Iveda grants You the right to use the Services. Iveda reserves all rights not otherwise expressly granted herein. You may use the Services only if You are legally capable of forming a binding contract with Iveda and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If You are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, You represent and warrant that You are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
- 2.3. Laws. You are solely and entirely responsible for complying with all applicable laws and regulations regarding the use of these Services, including but not limited to acquiring any local or municipal permits required for Your receipt of professional third party monitoring services, if selected.
- 2.5. Monitoring Services Terms and Conditions. If you subscribe to professional monitoring services, Your use of the Services is subject to the Monitored Security and Care Services Terms and Conditions.
- 2.6. Data Plan Costs. You are solely and entirely responsible for Your own data plans required to run Iveda Services, including Your own internet and mobile data plans and SMS messaging costs. Iveda is not responsible for any fees or bills You may receive for normal or excess use of Your own data communication plans, or any person you invite to become part of your Trusted Circle.
- 2.7. Fees and Fines for Emergency Services. You are solely and entirely responsible for Your own governmental and emergency services fees and fines that may apply to the use of professional monitoring and emergency response Services. These include, but are not limited to, fees for registering a security system, and governmental, law enforcement, ambulance, or fire department fees or fines for responding to any events identified by the Service, whether those events are valid incidents to respond to or caused by falsely triggered events from Your devices or the Service.
- 2.8. Registration and Security. As a condition to using the Services, You may be required to register and select a phone number, username (“User ID”), and password. You must provide accurate and complete, registration information and will keep updated Your registration information, as necessary, to keep it current. You may not (i) select or use as a User ID a phone number or email address of another person with the intent to impersonate that person; or (ii) use as a User ID a name or phone number or email address subject to any rights of a person other than Yourself without appropriate authorization. You are responsible for maintaining the confidentiality of Your account information, including Your User ID and password.
- 2.9. Data Responsibility. You are solely responsible for all data, information or other Content transmitted over or uploaded to Iveda as part of Your account.
- 2.10. Explicitly Shared Content. The Content You submit, post, or display can be shared by You and Your Trusted Circle. When Content is shared, it is made available to be viewed by Your other Trusted Circle members of the Services and/or through third party services and websites where Sharing Content has been enabled or can be configured to happen automatically or manually, depending on Your settings. You should only share Content that You are comfortable sharing with others under these Terms.
- 2.12. Implicitly Shared Content. You can optionally configure devices and cameras to share Content automatically, without requiring Your explicit approval for each piece of Content shared with the Trusted Circle, or if configured, publicly. You are solely and entirely responsible for the Content automatically captured and shared, and any consequences thereof.
- 2.11. Administration and Technical Support. Your account may be administered by an Administrator for technical support purposes. If you reach out to technical support for help, we will do everything in our power to help you resolve your problem, including analyzing the measurements, alerts, and metadata from devices, and analyzing general information about your account.
- 2.12. Content Responsibility. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor the Content and maintain logs of actions in our service. We do not control the Content posted via other services Services and we cannot take responsibility for such Content postings. Any use or reliance on any Content or materials posted via the other Services or obtained by You through the Services is at Your own risk.
- 2.15. Content Liability. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, You may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Iveda be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
- 2.13. Security. You shall be responsible for maintaining the security of each Enabled Device, Your account, passwords and files, and are responsible for all uses of Services and all associated fees under Your account, with or without Your knowledge or consent and whether or not authorized by You.
- 2.14. Timesharing or Services Bureau. Unless otherwise specifically allowed by Iveda in writing, You may not, directly or indirectly use the Services or any provided software for timesharing or services bureau purposes or otherwise for the benefit of a third party.
- 2.15. Intellectual Property. You acknowledge that, except as expressly stated, Iveda retains all rights in its trademarks, service marks, software, technology and any other items of intellectual property.
- 2.16. Cooperation in Investigations. In the event Iveda conducts an investigation of Service outages, security problems, or a suspected security breach of Iveda, You agree that You will provide a reasonable level of cooperation to help facilitate Iveda’s investigation, to the extent warranted by the facts of the situation.
- 2.17. Evolving Services. The Services that Iveda provides are always evolving and the form and nature of the Services that Iveda provides may change from time to time without prior notice to You. In addition, Iveda may stop providing the Services or any features within the Services either permanently or temporarily to You or to users generally and may not be able to provide You with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to You.
- 2.18. Additional Terms. Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for You to read through prior to Your use of that Service. By using such Services, You agree to the applicable Additional Terms.
- 2.19. Updating Terms. You agree that Iveda has the right to modify or amend these Terms and any additional licenses from time to time, effective upon making the modified provisions available on the Iveda site or mobile apps. Those changes will go into effect on the Last Modified Date shown in the revised Terms. You understand that You are responsible for regularly reviewing these terms and conditions and the continued use of the Service after any such modifications shall constitute your consent to such changes, including changes in fees. Iveda does not and shall not assume any obligation to notify you of any such changes other than posting the updated License on its website. It shall be your sole responsibility to ensure that the email address in your profile is current, and Iveda shall not be responsible for any failure to reach You in any attempts to notify You about updated terms. If we change these Terms, we will give you notice by posting the revised Terms of the Services. By continuing to use the Services, you are agreeing to the revised Terms.
• 3. Your Account
- 3.1. The Services Term shall be monthly for unpaid/free use of the Services, or the length of time defined as part of a paid subscription. Monthly and yearly subscription plans will renew automatically as long as the account has not been terminated, and a valid method of payment is on file for paying users. Subscriptions are associated with a Location and paid for by a User, allowing one User to purchase subscriptions to be applied to one or more Locations. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR MONTHLY OR ANNUAL SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU.
- 3.2. Fees for Services are payable regardless of whether Services are being used by a Registered Device. FEES FOR SERVICES ARE NON-CANCELABLE AND NON-REFUNDABLE. Unless otherwise agreed to in writing, Iveda reserves the right to change the amount of the fees for Services or applicable charges and to institute new charges which will apply to the next Services Term. In addition, Iveda may introduce new features and functionalities, which may be made available to You at an additional cost.
- 3.3. Fees for Services are net of taxes, and You will be responsible for all applicable taxes, imposed on or based on the provision, sale or use of the Services (except for taxes based on Iveda’s net income).
- 3.4. If your subscription rate includes monthly fees for the cost of Enabled Devices and you cancel prior to the agreed upon minimum term, you are liable for the agreed upon early termination fee.
- 3.5. Should you default in the payment of any applicable subscription fee, you shall be responsible for the payment of all subscription fees, any applicable termination fees, and fees and costs, including reasonable attorney fees, incurred in the collection of such fees.
• 4. Your Content
- 4.1. You retain Your rights to any Content You submit, post or display on or through the Services. In order to make the Services available to You and other users when Content is shared automatically or manually by You, Iveda needs a license from You. By submitting and sharing Content on or through the Services or directly with Iveda, You grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute (as directed or requested by You) such Content in any and all media or distribution methods (now known or later developed) (a) as necessary for the provision of the Services, for the analysis and improvement of the Services, and for the marketing of additional Iveda and third party products and services, and (b) for any other business purposes if aggregated with other data from other users in a manner that does not identify You.
- 4.2. Registered Devices transmit Content to the Service when active. Recorded video, audio, and image Content is encrypted and stored privately by default, unless You or someone with access to Your account chooses a different privacy or sharing setting for such Content. For example, capturing motion detection videos into Your account results in a private and encrypted video by default, but if You turn on auto-sharing to Twitter, then the video must be stored unencrypted and available on through a publicly accessible location so others can consume Your shared Content.
- 4.3. You shall be solely responsible for Your own Content. If You forward, share, or publish Your content, then You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to forward or publish the content as described in these Terms of Service.
- 4.4. You further agree that You will not submit to the Service any Content or other material is contrary to applicable local, national, and international laws and regulations.
- 4.5. Iveda reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length.
- 4.6. Iveda may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
4.7. Iveda may reject Content from being stored on our servers at any time, and especially if the file attempting to be stored is greater than the amount of space allocated to Your account.
- 4.8. Your Content is mainly data generated by connected Devices and it includes data including: Motion Sensor, Door or Window open / Close, leak detectors, temperature sensors, and similar. Content may also be video, voice, SMS or text messages, and pictures.
- 4.9. When the amount of space allocated to You is full in that the size of incoming Content is greater than the amount of available space or upload size per unit of time granted to You under Your account, Iveda reserves the right to store Content from Registered Devices in a way that remains hidden and unavailable to You, until You pay any additional fees required to access such hidden Content. Iveda reserves the right to delete such hidden Content after a duration of Iveda’s choosing.
- 4.10. Iveda reserves the right to limit any user’s use of the Service based on total space available in the user’s account, or total bytes uploading over a given time period, or both. Recorded videos are stored for later playback and may exceed the amount of available space displayed in Your account settings. It is not uncommon for a lengthy video to exceed the limits of a free account. Videos beyond an established limit may be stored in order to provide an opportunity for You to increase Your account storage limit or retrieval by other methods in the future. Periodic account maintenance activities may include deleting archived videos or deleted videos. Deleted videos may take time to be completely purged from our servers.
- 4.11. Iveda reserves the right, without prior notice and in its sole discretion, to automatically remove Content from any user’s account that is believe to not be active or in use. An inactive user account may identified by an account that has not accessed the Service for more than ninety (90) days.
- 4.12. We may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
- 4.13. You are responsible for Your use of the Services, for any Content You provide, and for any consequences thereof, including the use of Your shared Content by other users and our third party partners. You understand that Your shared Content may be syndicated, broadcast, distributed, or published by others and if You do not have the right to submit shared Content for such use, it may subject You to liability. Iveda will not be responsible or liable for any use of Your shared Content by Iveda in accordance with these Terms. You represent and warrant that You have all the rights, power and authority necessary to grant the rights granted herein to any Content that You share.
In order to provide the Services and the ability to communicate and stay connected with others, there are some limitations on the type of content that can be published with the Services. These limitations comply with legal requirements and make the Services a better experience for all. We may need to change these rules from time to time and reserve the right to do so. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend terminate users or reclaim usernames and profile URLs without liability to You.
You may not post Content that:
• Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
• Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
• Is a direct and specific threat of violence to others;
• Is pornographic or sexually explicit;
• Is furtherance of illegal activities; or Is harassing or abusive.
Impersonation: You may not impersonate others through the Services in a manner that does or is intended to mislead, confuse, or deceive others.
Trademark: We reserve the right to restrict the use of certain user names and profile URLs on behalf of businesses or individuals that hold legal claim or trademark on those user names or profile URLs. Accounts using business names and/or logos to mislead others will be permanently suspended.
Privacy: You may not publish or post other people’s private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.
Violence and Threats: You may not publish or post direct, specific threats of violence against others.
Unlawful Use: You may not use our service for any unlawful purposes or in furtherance of illegal activities. International users agree to comply with all applicable laws regarding online conduct and acceptable content.
Pornography and Sexually Explicit Content: You may not share Content that is pornographic or sexually explicit, even if it is of Yourself or marked as sensitive.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Iveda’s computer systems, or the technical delivery systems of Iveda’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Iveda (and only pursuant to those terms and conditions), unless You have been specifically allowed to do so in a separate agreement with Iveda (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Iveda is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
We respect the ownership of the Content that users share and You responsible for the Content You provide. Because of these principles, we do not actively monitor user Content and will not censor user Content, except in limited circumstances described above.
- 4.14. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If You believe that Your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
• Your address, telephone number, and email address;
• A description of the copyrighted work that You claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by You that You have a good faith belief that the disputed use is not authorized by You, the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A statement by You, made under penalty of perjury, that the above information is accurate and that You are the copyright owner or authorized to act on behalf of the copyright owner.
Copyright Agent: email@example.com
For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if You fail to comply with all of the requirements of this section Your notice may not be valid.
If You believe the content that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, You may submit a counter-notice to the address listed above containing the following information:
• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that You have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, physical address, telephone number, and e-mail address, a statement that You consent to the jurisdiction of the federal court in San Francisco, California, and a statement that You will accept service of process from the person who provided notification of the alleged infringement.
After we receive Your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes Your personal information. By submitting a counter-notification, You consent to having Your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain You from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
• 5. Termination and Suspension
- 5.1. Iveda may, without liability, suspend or terminate any or all Services to some or all of its account holders, users, or device types: (a) following a possible or actual security breach or cyber-attack on Iveda; (b) in order to protect the Iveda network; (c) if the device manufacturer does not comply with the business or technical terms for connecting a device; or (c) if required by a governmental entity.
- 5.2. Iveda may, without liability, suspend or terminate any or all Services in Your account if: (a) You are engaging in suspected fraudulent or unauthorized use, (b) You have breached the Terms of Service or other contract You may have with Iveda that relates to Iveda; (c) Payments in Your account are past due; (d) You fail to provide a reasonable level of cooperation in an investigation; or (f) as otherwise provided in these Terms.
- 5.3. Iveda may, without liability, suspend or terminate Services for a Registered Device if (i) You are using a device or equipment that is defective or illegal (ii) the Registered Device is causing technical or other problems on Iveda or (iii) upon termination of Your account.
- 5.4. Either party may terminate the Agreement if the other party becomes insolvent or is unable to pay its debts or enters into or files (or has filed or commenced against it) a petition, arrangement, application, action or other proceeding seeking relief or protection under the bankruptcy laws of the United States or any similar laws of the United States or any state of the United States which proceeding is not stayed within forty-five (45) days of being filed.
- 5.5. You may cancel any Services that are subject to subscription fee by sending an email to firstname.lastname@example.org. Fees already paid for existing services are non-cancelable and non-refundable.
5.6. Portions of the Terms of Service, which by their nature should survive termination, will survive termination, including, without limitation, accrued rights to payment, warranty disclaimers, and limitations of liability. However, upon termination, Your right to use the Services shall immediately terminate.
- 5.7. Upon termination, Iveda will delete all Your personal and identifiable data. Iveda will keep the anonymous, unidentifiable Data for statistical purposes.
- 5.8. Upon termination of Your account, You will reconfigure Your Enabled Devices so that the devices are no longer attempting to communicate with Iveda. In the event Your Enabled Devices have not been reconfigured, as stated in this section, Iveda reserves the right to remotely and without notice to You reconfigure Your Enabled Devices so that a device no longer attempts to communicate with Iveda.
- 5.9. If You terminate Your account or if Iveda terminates Your account for one of the reasons specified and You are a paid user, You will not receive a refund for any portion of the subscription.
• 6. Services, Disclaimer
- 6.1. Services may be temporarily unavailable for scheduled or unscheduled maintenance by Iveda or Third-Party Suppliers, or for other causes beyond Iveda’s reasonable control. IVEDA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR COMPLETELY SECURE. IVEDA MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND IVEDA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- 6.2. IN PARTICULAR, IVEDA AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY OF ANY NETWORKS OR COMMUNICATIONS LINES OR FUNCTIONING OF ANY MOBILE PHONE OR DEVICE NECESSARY FOR THE SERVICES, THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY RECOMMENDATIONS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SERVICES), OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SERVICES. IVEDA AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO, INABILITY TO ACCESS, USE OF, OR INABILITY TO USE THE SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (e) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE SERVICES; (f) ANY INTERRUPTION OF SERVICES DUE TO DOWNTIME OF IVEDA’S THIRD PARTY SUPPLIER OF PLATFORM HOSTING SERVICES, OR (g) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR INABILITY TO USE ANY FUNCTIONALITY OR CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICES.
- 6.3. IVEDA AND ITS AFFILIATES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY AND WARRANTIES, IMPLIED OR EXPRESS, STATUTORY OR OTHERWISE, FOR USES REQUIRING FAIL-SAFE PERFORMANCE IN WHICH FAILURE COULD LEAD TO DEATH, SERIOUS PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE SUCH AS, BUT NOT LIMITED TO, LIFE SUPPORT OR MEDICAL DEVICES, OR NUCLEAR APPLICATIONS. THE SERVICES ARE NOT DESIGNED FOR AND SHOULD NOT BE USED IN ANY OF THESE OR OTHER FAIL-SAFE APPLICATIONS. IVEDA DOES NOT REPRESENT THAT THE SERVICES MAY NOT BE COMPROMISED OR CIRCUMVENTED; THAT THE SERVICES WILL PREVENT ANY PERSONAL INJURY OR DEATH OR PROPERTY LOSS OR DAMAGE BY BURGLARY, ROBBERY, WATER OR TEMPERATURE, OR OTHERWISE, OR THAT THE SERVICES WILL IN ALL CASES PROVIDE ADEQUATE WARNING OR PROTECTION.
- 6.4. IVEDA IS NOT IN THE BUSINESS OF, AND DOES NOT PROVIDE TIME CRITICAL EMERGENCY SERVICE, MEDICAL CARE OR DIRECT MEDICAL CARE FOR PATIENTS. IVEDA DOES NOT PROVIDE MEDICAL ADVICE AND DOES NOT PRESCRIBE OR DISPENSE MEDICATIONS. ONLY PHYSICIANS, PHARMACISTS, OR OTHER LICENSED AND AUTHORIZED LEARNED INTERMEDIARIES MAY SET OR CHANGE THE PRESCRIPTION DRUG TAKING INSTRUCTIONS, AND INFORMATION DELIVERED TO PATIENTS AS DETERMINED BY LAW AND LICENSE PROTOCOLS. IVEDA SHALL NOT BE LIABLE FOR ANY CLAIM OR DEMAND AGAINST IVEDA BY YOU AND/OR BY ANY THIRD PARTY, BASED ON THE PROVISION, OR LACK OF PROVISION OF, MEDICAL CARE TO YOU OR ANY OTHER PARTY.
- 6.5. IVEDA SHALL NOT BE RESPONSIBLE FOR ANY MISPLACEMENT OF MEDICINE, REMOVAL OF MEDICINE, WRONG DOSAGE, FAILURE TO REFILL OR TAKE MEDICINE, OR FOR DRUG INTERACTIONS. IT IS THE PATIENT’S RESPONSIBILITY TO TAKE HIS OR HER MEDICINE. IVEDA DOES NOT KNOW IF A PATIENT ACTUALLY TOOK HIS OR HER MEDICINE, OR IF A PATIENT FILLED THE CORRECT MEDICINE IN THE RELEVANT COMPARTMENTS AND IN THE RIGHT DOSAGE. ALTHOUGH IVEDA PROVIDES THE ABILITY FOR A USER TO ENTER MEDICATION NAMES, DOSAGES AND TIME, IVEDA IS NOT A DECISION SUPPORT SYSTEM AND DOES NOT HAVE THE ABILITY TO CHECK FOR DRUG TO DRUG INTERACTIONS, DRUG TO FOOD INTERACTIONS, DRUG DOSAGES, DRUG FREQUENCIES OR ANY WAY TO DETERMINE IF THE DRUG(S) ARE SAFE, EFFECTIVE OR APPROPRIATE FOR ANY GIVEN PATIENT.
- 6.6. WITHOUT LIMITING THE EXCLUSIONS AND DISCLAIMER OF THIS SECTION, WHILE IVEDA DEVELOPED ONE FEATURE OF THE SYSTEM WITH THE GOAL TO IMPROVE DRUG COMPLIANCE, UNDER NO CIRCUMSTANCES SHALL IVEDA BE RESPONSIBLE OR LIABLE FOR ANY FAILURE BY YOU OR OTHERS TO TAKE MEDICATION ON TIME AND FOR ANY DIRECT OR INDIRECT CONSEQUENCES OF SUCH FAILURE, WHETHER OR NOT SUCH FAILURE IS RELATED TO THE MALFUNCTION OF THE SYSTEM. IN ADDITION, IVEDA SHALL NOT BE LIABLE TO ANY CUSTOMER AND/OR ANY THIRD PARTY, BASED ON ANY SYSTEM INFORMATION, AND/OR ANY OTHER INFORMATION COLLECTED BY THE SYSTEM, RECEIVED BY IVEDA, AND/OR USED BY IVEDA AFTER COLLECTION.
- 6.7. Under no circumstances will Iveda Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IVEDA OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS. INFORMATION YOU MAY RECEIVE VIA THE SERVICES MAY NOT BE RELIED UPON BY YOU FOR PERSONAL, SECURITY, SAFETY, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
- 6.8. IVEDA SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY AND WARRANTIES, IMPLIED OR EXPRESS, FOR DAMAGE TO ANY ENABLED DEVICE, REGISTERED DEVICE, OR ANY OTHER HARDWARE OR SOFTWARE AND ANY RESULTING DAMAGES, REGARDLESS OF THE CAUSE OF SUCH DAMAGE.
- 6.9. IVEDA SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY AND WARRANTIES, IMPLIED OR EXPRESS, FOR DAMAGE TO ANY ENABLED DEVICE, REGISTERED DEVICE, OR ANY OTHER HARDWARE OR SOFTWARE AND ANY RESULTING DAMAGES, REGARDLESS OF THE CAUSE OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES SHALL IVEDA BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. IVEDA SHALL NOT BE LIABLE (A) FOR ANY ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY EXEMPLARY DAMAGES; (C) FOR ANY MATTER BEYOND IVEDA’S REASONABLE CONTROL, EVEN IF IVEDA HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING LOSSES OR DAMAGES; (D) FOR ATTACKS ON OR HACKS OF YOUR DATA, WHETHER IN TRANSIT OR IN STORAGE; (E) FOR PHYSICAL ATTACKS OR CYBER-ATTACKS UPON IVEDA OR THEIR NETWORKS OR THE NETWORKS OR FACILITIES OF THIRD-PARTY SUPPLIERS; OR (F) THE BREACH OF OR LOSS OF PRIVACY OF E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON IVEDA’S EQUIPMENT, TRANSMITTED OVER NETWORKS ACCESSED BY IVEDA, OR OTHERWISE CONNECTED WITH THE USE OF THE SERVICES OR (G) DAMAGES TO BATTERIES, BATTERY EXPANSION DAMAGES, OR BATTERY EXPLOSION DAMAGES ON ANY ENABLED DEVICE, REGISTERED DEVICE, OR ANY OTHER HARDWARE WITH BATTERY FEATURES SUCH AS SENSORS, ROBOTS, SIRENS, GATEWAYS, AND PHONES OR PHONE BATTERY ISSUES ON PHONES THAT ARE RUNNING A IVEDACARE APPLICATION.
- 6.10. IVEDA MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE APP OR ON THE SITE OR ANY WEBSITE LINKED TO THE WEBSITE. YOU ACKNOWLEDGE THAT A GOVERNMENTAL ENTITY MAY (A) INTERCEPT YOUR DATA OR (B) REQUIRE IVEDA TO DISCLOSE YOUR DATA OR INFORMATION.
- 6.11. IF, CONTRARY TO THE DISCLAIMER IN PARAGRAPH 6.2, LIABILITY IS IMPOSED BY AN ENTITY EXERCISING JURISDICTION OVER A DISPUTE BETWEEN THE PARTIES, IT IS UNDERSTOOD AND AGREED THAT IVEDA’S LIABILITY SHALL NOT EXCEED THE AGGREGATE AMOUNT OF FEES COLLECTED BY IVEDA FROM YOU OVER THE PRIOR TWELVE (12) MONTH PERIOD.
- 6.12. You acknowledge that the Services may not be available at every geographic location. You are responsible for determining whether the Services are available and of a quality sufficient to meet Your requirements.
• 7. Indemnity and Limitation of Liability
- 7.1. You agree to indemnify and hold harmless Iveda and their affiliates and their officers, directors, representatives, employees and agents (“Indemnified Parties”) against any damages, losses, liabilities, settlements and expenses (including, without limitation, costs and attorneys’ fees) in connection with a claim or action against Indemnified Parties that arises from or is based on an alleged violation of the Terms of Service by You or otherwise from Your use of the Services.
- 7.2. Iveda may use Third-Party Suppliers for data transport and storage. You acknowledge that storage technologies provided by Third-Party Suppliers may utilize multi-tenancy architecture, where parties not associated with Iveda or a Third-Party Supplier may also store or transmit data within the same framework that is used to store or transmit Your data. You also acknowledge that the transmission and storage of Your data may result in Your data crossing through or residing in multiple political jurisdictions. Each of these jurisdictions may have unique provisions relating to the privacy of Your data and information.
- 7.3. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of privacy, privacy data, Confidential Information and property.
- 7.4. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent Iveda may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Iveda’s liability will be the minimum permitted under such law.
- 7.5. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS TERMS OF SERVICE MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
• 8. Legal Compliance
- 8.1. You may not transmit or otherwise export from the United States or allow the transmission of the Services in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority.
- 8.2. You represent and warrant that You are not a person to whom Iveda is legally prohibited to provide the Services and/or are not on any governmental list of restricted person or entities, including (i) the Commerce Department’s Entity List, Denied Persons List, and Unverified List; (ii) Treasury Department Specially Designated Nationals & Blocked Persons List; and (iii) State Department Debarred Parties List.
- 8.3. You may not provide access to the Services to any person or entity that would be prohibited from using the Services under this section.
• 9. General
- 9.1. Iveda shall not be liable for any failure or delay in the performance of its obligations hereunder on account of strikes, terrorist activity, shortages, riots, insurrection, fires, floods, power outages, storms, cybercrime, explosions, war, extraterrestrials, governmental action, battery issues, labor conditions, supernatural forces, earthquakes, terrorism, supplier bankruptcy or default, failure, delay or interruption by third parties, including without limitation, communications providers, or any other cause which is beyond Iveda’s reasonable control.
- 9.2. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.
- 9.3. Your rights and obligations under the Terms of Service are not assignable or transferable and cannot be sub-licensed to another party by You except with Iveda’s prior written consent. Iveda may transfer, assign or subcontract any of its rights and obligations under the Terms of Service without consent.
- 9.5. No agency, partnership, joint venture, or employment is created as a result of Your use of Iveda. You do not have authority to bind Iveda in any respect.
- 9.6. By accessing or using the Services, You agree: (i) that any and all disputes you may have with, or claims you may have against Iveda or its affiliates relating to, arising out of or connected in any way with (a) the Services, (b) these Terms, or (c) the determination of the scope or applicability of this agreement to arbitrate (a “Claim”), will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may be required by applicable law.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Iveda will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
- THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR IVEDA WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. This Section of these Terms will survive the termination of Your relationship with Iveda.
- 9.7. The Terms of Service shall be governed by the laws of the State of California, without regard to its conflict of laws provisions. For purposes of jurisdiction over a claim under this Terms of Service, Your data is presumed to have resided or to have been transmitted exclusively within the state of California. Any action or proceeding arising out of or related to the Terms of Service may only be brought in the state or federal courts in California and exclusive venue shall be in the Court having jurisdiction over Santa Clara County, CA. Each party hereby consents to the exclusive jurisdiction of such courts with respect thereto. English is the governing language for: (i) Iveda; (ii) Your Iveda account; (iii) the Terms of Service; (iv) negotiations related to the Terms of Service or Your use of Iveda and (v) the resolution of disputes related to the Terms of Service or Your use of Iveda, including negotiations, litigation, mediation or arbitration.