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Important: Foscam, Inc. and its affiliates H.K. Foscam Ltd. and Shenzhen Foscam Intelligent Technology Co., Ltd. (hereinafter referred to as “We” or “Foscam”) have committed to protecting your personal privacy. You are particularly reminded to read carefully and fully understand this Service Agreement (the “Agreement”).

Revision date: October 31, 2021

Effective date: October 31, 2021

In case you have any questions, comments or suggestions, you can contact us via the following contact details:

Email: support@foscam.com

Please read carefully and fully understand this Agreement prior to using Foscam Cloud Service. If you cannot accept all of the terms hereof, please do not register for, log in, or use Foscam Cloud Service. By registering for, logging in, and using Foscam Cloud Service, you agree to be subjected to all of the terms hereof.

This Agreement is made between you (“the User”) and Foscam regarding registration for, logging in, and using Foscam Cloud Service. This Agreement shall set forth the rights and obligations between Foscam and the User with respect to Foscam Cloud Service. The User refers to the entity or individual who registers for, logs in, and uses this Agreement.

This Agreement may be subject to any updates by Foscam at any time, and the terms of the updated Agreement shall supersede those of the original Agreement upon publication, without prior notice from Foscam. The User may refer to the latest version of the Agreement at www.myfoscam.com. The User who does not accept the modified Agreement may stop using Foscam Cloud Service. However, if the User continues to use Foscam Cloud Service after this Agreement has been modified, they shall be deemed to have accepted the modified Agreement.

1. Introduction to Foscam Cloud Service

Foscam Cloud Service is a platform that provides video viewing services for the User and does not directly generate any content itself. After registration, the User can access their monitoring devices on this platform, and can view real-time videos or historical ones at the corresponding locations that have been connected to the monitoring devices. The User can add or remove the monitoring equipment they access as per their own needs, and such equipment and costs associated with the Service shall be the responsibility of the User.

2. Notes for use

2.1 Account registration

2.1.1The User can sign up at www.myfoscam.com for Foscam Cloud Service provided by Foscam. When applying to use the Service, the User must provide Foscam with accurate personal or organizational information (including but not limited to username, password, email address, cell phone number, etc.) The username and password shall be set by the User. After a successful application, the User can log in and use the Service.

2.1.2 The information that the User provides shall be true and accurate, and Foscam shall not be responsible for the User not being able to use the Service arising from the User’s information being incorrectly provided; if the User’s account information changes, they must update and maintain their registration information in a timely manner so that it is always up-to-date, complete, and accurate.

2.2 Account activation

2.2.1 Given that the provision of this Service requires the combination of terminal equipment provided by Foscam such as webcams, registered accounts can only be activated once the corresponding equipment is activated. If an account is not enabled within 30 days of the date of registration, Foscam reserves the right to write it off.

2.3 Account security

2.3.1 The User shall be responsible for all actions taken with their account, whether or not such actions have been authorized, and the results therefrom shall be directly attributable to the User, and Foscam shall not be responsible for them.

2.3.2 The User shall be responsible for upholding the security of their account information, such as accounts and passwords, and Foscam shall not be responsible for any illegal use of their accounts and passwords by others due to the User's own reasons. The User’s own reasons include but are not limited to: disclosing their accounts, passwords, and other registration information to any third party; sharing the same account with more than one person; installing illegal and unknown programs; and others. The User should notify Foscam without delay of any illegal use of their accounts that they discover.

2.3.3 If it is discovered that the account user is not the account registrant, Foscam has the right to temporarily block the account without any providing notice to the registrant. Foscam shall not be liable to the account registrant or the User for blocking the account, and the User shall be responsible for the consequences arising from the account being blocked, inability to access information, loss of video data, etc. If the User discovers that someone else is illegally using their account to access the Service, they should notify Foscam without delay so that the account can be blocked.

2.3.4 If the User discovers that they have lost or forgotten their password, they can apply for password retrieval through their registered username and cell phone number. Foscam's password retrieval mechanism cannot identify whether the person using the cell phone number is the real account registrant, and therefore it shall not be responsible for any losses caused by someone else’s impersonation to apply for the account and password retrieval. Foscam does not guarantee that the User can successfully retrieve their password by using their registered username and cell phone number in the event that they have lost or forgotten their passwords.

3. Usage rules

Foscam ensures that the User may use Foscam Cloud Service properly, and the User agrees to use Foscam Cloud Service in strict compliance and accordance with the following rules:

3.1 The User agrees that Foscam Cloud Service is for the User’s non-commercial purpose only and that the User shall not use Foscam Cloud Service for sales or other commercial purposes without the written consent of Foscam, otherwise Foscam may terminate the service immediately and reserves the right to pursue legal liability and compensation for damages.

3.2 When using Foscam Cloud Service, the User shall comply with and abide by the following rules:

(1) Relevant national laws, regulations, and policies;

(2) All network protocols, regulations, and procedures relating to the website services;

(3) Log in and use the Service only via www.myfoscam.com and other websites provided by Foscam;

(4) Not use the Service for any unlawful purpose or in any way that would violate the law, invade the privacy of others, or defame others;

(5) Not use the Service System for any action that may adversely affect the normal operations of the Internet;

(6) Not use the Service System for any conduct that is detrimental to Foscam;

(7) Notify Foscam without delay of any illegal use of a User's account or any breach of security of an account; and

(8) Not use plug-ins or other cheating, improper, or unfair means when using the Service.

3.3 Foscam reserves the right to upgrade and adjust Foscam Cloud Service at any time. Service version updates and adjustments may involve updates to browser plug-ins, and cell phone device and terminal device software versions, etc.; Foscam may also carry out updates on these independently. The User shall follow the prompts to upgrade the software involved, otherwise they will not be able to enjoy the features offered by the new version, and Foscam does not warrant the continued availability of the old version. In addition, Foscam reserves the right to unilaterally change or restrict the effects of some features as required by business development, and the User agrees to do so at his own risk regarding the above.

4. Value-added services

4.1 Foscam will provide users with value-added Internet and communication services related to the Service, including free and paid services, depending on the development of the market and technology. Foscam reserves the right to charge fees for relevant value-added services and to change the standards and methods of charging; if the relevant services are changed from free to paid services, Foscam will notify the User in an appropriate format; the User can then choose to accept or reject the new fees, and guarantee that they will pay for the paid services in accordance with Foscam's relevant charging regulations. If the User refuses to pay or defaults on payment, Foscam has the right to terminate the services and reserves the right to recover any damages.

4.2 Foscam reserves the right to place all kinds of advertisements and promotional messages on the Site, including but not limited to system messages or pop-up windows.

5. Intellectual property rights

5.1 Any text, graphics, audio, video, and software (including, but not limited to, graphics, animations, audio clips, videos, user interface designs, data and programs, code, and any documentation contained therein) and other information or materials contained in Foscam Cloud Service are the property of Foscam, and are therefore protected by laws such as copyright, trademark, or other laws and regulations. Except for limited usage rights for using Foscam Cloud Service, the User may not use such information or materials in any way, nor may they copy, translate, disassemble, or decompile the software involved in the Service, nor reverse engineer or otherwise convert, or try to convert, the code of the software without the written consent of Foscam.

5.2 This Agreement shall not grant the User the right to use any trademarks, service marks, logos, domain names, and other distinctive brand features that belong to Foscam.

5.3 Unless expressly permitted herein, the User shall not modify, rent, sell, distribute, reproduce, create derivative works from, or use for any commercial purposes, in any form or by any means, part or all of the Service.

6. Protection of privacy

6.1 Foscam fully respects the privacy of its users and will take reasonable steps to protect their personal information. Foscam will not disclose or reveal user’s information to any third party without the User's consent, apart from in the following situations:

(1) Doing so after obtaining the explicit authorization of the User in advance;

(2) When doing so in accordance with relevant laws and regulations;

(3) When doing so as required by government agencies authorized by law;

(4) When doing so to protect the interests of the public; and

(5) When protecting the legal interests of Foscam.

6.2 In order to provide the User with a better experience and improve the quality of the Service, Foscam may cooperate with third parties to provide relevant services for the User, in which case, Foscam may provide the User’s personal information to such third parties if such third parties agree to assume the same responsibility as Foscam to protect the User’s privacy.

6.3 Foscam reserves the right to analyze and commercially exploit the entire user database (including, but not limited to, publishing, analyzing, or otherwise using user information such as the number of visits, access periods, user preferences, etc.) without disclosing the private information of the individual users.

7. Legal liability and disclaimer

7.1 All liability assumed by Foscam shall be limited to the price paid by the User for buying Foscam Cloud Service.

7.2 The User expressly agrees that the use of Foscam Cloud Service shall be at the User’s own risk, that the User shall bear full responsibility for the consequences therefrom, and Foscam will have no liability to the User. If the User violates any relevant laws, regulations, or any terms hereof, Foscam shall have the right to take retaliatory measures, including but not limited to, interrupting services, restricting use, blocking or deleting the User's account, terminating services, pursuing legal liability, etc., all of which shall depend on the nature of the User’s behavior and may be carried out without giving prior notice to the User, and the User agrees to bear the responsibility for any damages suffered by Foscam or any third party as a result.

7.3 To the maximum extent permitted by applicable laws, Foscam disclaims all warranties and conditions of any kind with respect to this Service, whether express, implied, or statutory, including but not limited to, the express or implied warranties and conditions with respect to the applicability and stability; being free of viruses, negligence, or technical defects; title and non-infringement of www.myfoscam.com. In addition, Foscam does not warrant that this Service must meet the User's requirements or that this Service will be provided without interruption, nor does it make any guarantee as to the timeliness, security, occurrence of errors, nor the accurate, timely, and smooth transmission of information.

7.4 The Service may contain links to third-party websites or resources. Foscam does not guarantee, and is not responsible for, the availability, accuracy, related content, products, and services of such links. The User shall be fully responsible for their use of any such sites or resources.

7.5The User understands and acknowledges that the use of the Service involves Internet services, which may be affected by unstable factors in various aspects, and there are risks that the User’s requirements may not be met, such as the Service being interrupted or blocked by force majeure, computer viruses, hacker attacks, system instability, user location, user shutdown, illegal content information, nuisance information blocking, and any other network, technology, communication lines, computer failure, information security management measures, etc., and agrees to bear the above risks. Foscam shall not be liable for any losses suffered by the User as a result of not receiving video data, or receiving incorrect data, or for any consequential losses.

7.6 If any dispute arises from third party software or technology used by the Service, such third party shall be responsible for resolving the dispute and Foscam shall not bear any liability. Foscam does not provide customer support for this third-party software or technology, and the User shall contact this third party if they require any support.

8. Interruption or termination

8.1 Foscam shall not be liable to the User or any third party for any interruption or termination of the Service in the event of any of the following:

(1) Regular overhauling or maintenance of the Service platform, updating software and hardware, etc.;

(2). Server not functioning properly due to sustaining damage;

(3) Sudden failure of software and hardware in the equipment, electronic communication equipment, etc.;

(4) Network provider’s line or other failures;

(5) Protection of national security or the personal and property safety of other users and third parties in case of emergencies; and

(6) Force majeure events and any reasons attributable to other third parties.

8.2 Unless mentioned in the preceding paragraph, the User agrees that Foscam shall have the right to interrupt or terminate some or all of the services by providing 30 days' notice announced on the website, and that Foscam shall not be liable for any damages caused to the User or to third parties as a result.

9. Miscellaneous

9.1 The invalidity of part or all of any provision of this Agreement shall not affect that of the other remaining provisions.

9.2 All headings in this Agreement have no meaning in themselves, and the Agreement shall not be construed as such.

9.3 This Agreement is signed at Nanshan District, Shenzhen.

9.4 If any dispute or controversy arises between the User and Foscam, it shall be settled by friendly consultation; if failing to do so, either Party may submit a lawsuit to the court with jurisdiction in the place where this Agreement has been signed.

9.5 The right of interpretation hereof shall be reserved by Foscam.