1. General Terms and Conditions
1.1 You acknowledge that You have read this Agreement, and You agree to be legally bound by the terms thereof. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ATTEMPT TO ACCESS THE WEBSITE OR OTHERWISE USE THE SERVICE AND/OR EQUIPMENT.
1.2 You acknowledge that You are over the age of 18 or have reached the age of majority in your country.
1.3 You acknowledge that You are the end-user of the Service, Equipment and Documentation, and You agree not to resell any of the Service, Equipment and Documentation.
1.4 This Agreement may be updated or changed from time to time without any prior notice given to You. It is your sole responsibility to educate Yourself on any changes to this Agreement, which will be posted on the Website. Continued use of the Service and Equipment after any such changes shall constitute your consent to such changes.
1.5 You acknowledge and agree that iWatchLife has partnered with an independent reputable third party to host its servers, maintain the integrity of the data stored within, and to manage the Website and provide the Service.
1.6 You acknowledge and agree that iWatchLife has partnered with an independent reputable third party credit card processing service in connection with the receipt and processing of payments for the Service and Equipment. You further agree that the technical processing and transmission of any data associated with the Service, including Your Content (as defined below), may be transmitted in an unencrypted form over various networks and may be changed to conform and adapt to the technical requirements of connecting networks and/or devices.
1.7 Any failure by iWatchLife to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
1.8 Unless specified elsewhere in this Agreement, this Agreement constitutes the entire agreement between You and iWatchLife and governs your use of the Website, Service, and Equipment, superceding any prior agreements between You and iWatchLife (including, but not limited to, any prior versions of this Agreement).
1.9 This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable therein.
2. Description of Equipment
2.1 The Equipment provided in connection with the Service may include one of more of the following: Internet protocol video cameras, power supply, stand, and clamp.
2.2 You acknowledge and agree that the Equipment carries a manufacturer’s warranty of one year from the date of purchase, unless expressly specified other wise.
2.3 The Equipment also includes related documentation containing installation instructions, warranty information and return policy (the “Manufacturer’s Agreement”). The Manufacturer’s Agreement will list the conditions upon which the warranty and return policy will be accepted. You agree to read the Manufacturer’s Agreement and to contact iWatchLife’s support team if You have any questions.
2.4 If a license or permission from any customs or other regulatory authority is required for the acquisition, carriage or use of the Equipment by You, You agree to obtain such license or permission solely at your own expense. Any import duties, expenses or charges incurred by iWatchLife with respect to such license or permission will be met by You.
3. Description of Service
3.1 The Service is available in several different packages with different features and pricing. A detailed list of iWatchLife’s service packages and the features associated with each package (the “Service Packages”) can be found under the Pricing tab on the Website. You acknowledge and agree that the Service Packages, the associated features, special promotions and prices may be changed or discontinued at any time based on iWatchLife’s discretion without any prior notice.
3.2 The Service includes the use of the Website and any downloaded software from the Website for viewing, listening, storing, downloading, and/or uploading your images, audio, video recordings and live stream multimedia content (collectively, “Your Content”). Your Content further comprises data produced following analysis of any images and video portions of Your Content.
3.3 The Service includes the ability to designate individuals (“Authorized Individuals”) to have access to Your Content indefinitely or for a specific time frame. You acknowledge and agree that You are solely responsible for obtaining any necessary permission and rights to designate such individuals as Authorized Individuals under your account and to authorize iWatchLife to provide them with access to Your Content.
3.4 The Service also includes the ability to access iWatchLife’s website to view, receive and/or be alerted via email or mobile phones to view and/or record images, audio, video and data generated by, or as a result of using, video cameras and other related products that are purchased and installed by You, or on your behalf by a third party. Images, audio or video from these video cameras may be live or recorded video stream, and are included within Your Content.
3.5 The Service also includes user-defined multimedia analytics services, which are specified at the time of purchase. iWatchLife reserves the right to add additional analytics or discontinue offering certain analytics at any time without prior notice.
3.6 The Service may include third party applications, which may be subject to the terms and conditions of separate license agreements. Copies of these agreements will be provided to You in advance, and You acknowledge and agree that any use of these applications will constitute your acceptance of the terms and conditions of the corresponding license agreement.
3.7 The Service also includes the ability to access the Website to post comments, questions and interact with other subscribers of the Service and iWatchLife’s technical support staff. Technical support is also available as described at the following link: http://www.iwatchlife.com/support/
3.8 iWatchLife may also send You email messages regarding new promotions, products and services periodically, and if You would prefer not to receive these messages, You can unsubscribe using the link at the bottom of the message.
3.9 The Service also includes iWatchLife Plus free for the first 30 days when You download iWatchLife WebCamera software. If you wish to continue the Services after the 30 day period, You will have to subscribe to one of the various Service packages where a monthly or yearly cost may apply.
3.10 The Service also includes iWatchLife Plus free for the first 30 days when You purchase an Axis IP Camera. If you wish to continue the Services after the 30 day period, You will have to subscribe to one of the various Service packages where a monthly or yearly cost may apply.
4. Limited Warranty
4.1 The Service is provided on an “as is”, “as available” basis and iWatchLife expressly disclaims all warranties, including the warranties of merchantability and fitness for a particular purpose.
4.2 You acknowledge and agree that although iWatchLife has redundant servers, iWatchLife, our affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of iWatchLife or our affiliates does not warrant that:
i. the Service will meet any specific requirements;
ii. the Service will be uninterrupted, timely, secure, or error-free;
iii. the results that may be obtained from the use of the Service will be accurate or reliable;
iv. the quality of any products, services, information, or other material purchased or obtained through the Service will meet any expectations; and
v. any errors in the Service will be corrected.
5.1 Any prices, quotations and descriptions made or referred to on the Website are subject to availability and may be withdrawn or revised at any time prior to iWatchLife’s express acceptance of your subscription. iWatchLife reserves the right to withdraw any discount and/or to revise the prices at any time prior to acceptance.
5.2 iWatchLife’s acceptance of your subscription is deemed to have occurred upon the successful completion of your credit card payment. Following acceptance of your subscription, iWatchLife reserves the right to revoke acceptance if iWatchLife is unable to complete or fulfill your subscription and a refund will be provided on any prior payments (if applicable).
5.3 Prices payable for the Service or Equipment will be quoted on the Website and You agree that the final price in the event of any discrepancy is the price that is quoted to You for acceptance prior to submission of your credit card payment information.
5.4 Trial or free features of the Service will only become paid features upon prior notice to You, the Customer. Continuing the use of these features after notice constitutes your acceptance of the new payment terms.
5.5 iWatchLife also reserves the right to notify You of any error with respect to the Website, Service and/or Equipment prior to delivery of the Equipment and provision of the Service. Following the notification of any such error, You may elect to either accept delivery of the Equipment and provision of the Service on an as-is basis, or request to be fully reimbursed without penalty.
5.6 Provision of the Service will commence as soon as your subscription has been accepted by iWatchLife following the successful completion of your credit card payment.
5.7 You acknowledge and agree that by submitting your credit card payment information to iWatchLife, you expressly authorize iWatchLife or iWatchLife’s independent third party credit card processing partner to charge your credit card.
5.8 Your subscription to the Service is for a fixed term, and You acknowledge and agree that it is your sole responsibility to renew your subscription prior to the end of the term. The length of the subscription term for the various Service Package is listed under the Pricing tab on the Website.
5.9 In the event that your subscription to the Service expires and You have not renewed your subscription, iWatchLife will store Your Content for a duration of 30 days from date of expiration. You will not be able to access the Website and the Service until You have renewed your subscription.
5.10 You agree and acknowledge that Your Content will be automatically deleted if you fail to renew your subscription to the Service within 30 days from expiration of your subscription.
5.11 You agree that all prepaid Service Packages purchased by You must be used within three months of the prepayment date. Prepaid amounts unused after three months will automatically expire (“Pre-paid Expiration Date”). The Pre-paid Expiration Date may be extended by an additional three months if You make an additional prepayment prior to the Pre-paid Expiration Date.
5.12 You acknowledge and agree that it is your sole responsibility to ensure that You have sufficient available credit on your credit card to avoid termination and/or suspension of your subscription to the Service. You agree that iWatchLife is not responsible for any administrative fees incurred on account of non-sufficient funds in your credit card.
6. Cancellation and Termination
6.1 Any use of the Website, Service and Equipment shall be subject to the terms and conditions of this Agreement. iWatchLife may, with or without notice, unilaterally terminate this Agreement, and cancel your subscription to the Service. iWatchLife has the right to immediately terminate any passwords or accounts created by You in the event that You are in breach of this Agreement or You have engaged in conduct that iWatchLife, in its sole discretion, considers unacceptable.
6.2 You are solely responsible for canceling your subscription to the Service, and You may cancel your subscription at any time by accessing the Website, and clicking on the appropriate link in the global navigation bar at the top of the screen.
6.3 iWatchLife in its sole discretion, has the right to suspend or discontinue the Service at any time, without notice for non-compliance with the terms and conditions of this Agreement, and pursue any other remedy legally available to it.
6.4 Upon cancellation or termination of your subscription, Your Content will be immediately and irrevocably deleted and removed from the Website and iWatchLife’s servers.
6.5 In the event of the termination of this Agreement, the provisions of sections 4, 7.18-7.22 (inclusive), 9 and 10 shall remain in full force and effect, until such time as iWatchLife agrees to the release of the terms thereof.
7. Customer’s Rights and Obligations
7.1 You are hereby granted a non-exclusive, non-transferable, license to access the Service solely for your own personal and private use in accordance with the terms and conditions of this Agreement.
7.2 You must register and create an account in order to use the Service. You are required to provide your full legal name, a valid email address, and any other general information requested by the Service.
7.3 You may need to download and install certain software to enable use of the Equipment. You acknowledge and agree that is your sole responsibly to install, operate and maintain your personal web camera, which may include a requirement to download and install certain third-party software.
7.4 You represent that You have reached the age of majority in your place of residence where You will personally be using the Service and Equipment.
7.5 You acknowledge and agree that it is your responsibility to maintain, protect and respect the confidentiality of the your username and password. You further agree to take reasonable precautions to prevent the unauthorized use of your username and password, including but not limited to periodic changes of your password, and using the logout procedure for the Service as documented in the Documentation.
7.6 You acknowledge and agree that it is your responsibility to immediately notify iWatchLife upon suspicion that your username or password has been lost, stolen, compromised, or misused.
7.7 You represent and warrant that You own or otherwise control all of the intellectual property rights to Your Content, and that use of Your Content by your Authorized Individuals and iWatchLife will not infringe upon or violate the rights of any third party.
7.8 You acknowledge and agree that it is your sole responsibility to deactivate or delete Authorized Individuals when you no longer wish to allow access to Your Content.
7.9 You agree to designate iWatchLife’s Vice President of Engineering and IT Manager as an Authorized Individual for the purpose of the provision of technical support.
7.10 YOU ACKNOWLEDGE AND AGREE THAT AUTHORIZED INDIVIDUALS ARE FREE TO ACT UPON RECEIPT OF YOUR CONTENT AND NOTIFY THE APPLICABLE AUTHORITIES IF THEY SUSPECT ANY LAWS ARE BEING BROKEN, AND IT IS YOUR SOLE RESPONSIBILITY TO MAINTAIN YOUR PRIVACY WITH RESPECT TO AUTHORIZED USERS HAVING ACCESS TO YOUR CONTENT.
7.11 You represent that You have obtained all third party consents and/or permissions that may be necessary and appropriate with respect to Your Content.
7.12 You further certify that by clicking on the link to “Upload to YouTube”, that you own all rights to the content selected for upload (“Selected Content”), or that You have been authorized by the owner of the Selected Content to make it publicly available on YouTube, and that the Selected Content is compliant with YouTube’s Terms of Service.
7.13 You acknowledge and agree that You are solely responsible for establishing, configuring, and using the Service and Equipment in accordance with any and applicable laws within your country, state, province, territory or municipality.
7.14 You acknowledge and agree that it is your sole responsibility for obtaining and maintaining access to the Internet and/or any related computer hardware and software, including routers, personal web cameras (collectively, the “Other Hardware”), which are necessary to use the Service and Equipment.
7.15 You acknowledge and agree that it is your sole responsibility for the Other Hardware, including its proper installation and maintenance, and iWatchLife does not provide any technical support nor any warranty for the Other Hardware.
7.16 You acknowledge and agree that iWatchLife may store Your Content on multiple servers, which may be located in different countries.
7.17 You acknowledge that iWatchLife has no control over comments or opinions made publicly available through third party applications, websites, forums, or chat rooms which contain hyperlinks to iWatchLife.
7.18 You acknowledge and agree that Your Content shall not:
i. Be unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, hateful, tortuous or indecent;
ii. Constitute stalking by any forms or means;
iii. Violate, plagiarize, or infringe the rights of third parties and iWatchLife and any of its partners, independent contractors and/or other Customers, including, but not limited to, intellectual property, rights of privacy or publicity or any other proprietary rights;
iv. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other malicious instructions intended to damage, detrimentally interfere with, intercept or expropriate with other/any system, data and/or personal information;
v. Constitute or contain false or misleading statements; and
vi. Harm children in anyway.
7.19 You acknowledge and agree that You will not use the Service to:
i. view or record any video, images, and/or data of tenants or visitors at rental properties, or to monitor the exterior of your premises. For greater certainty, “rental properties” does not include communal or public areas;
ii. create a risk to public safety or health;
iii. replace a safety device; or
iv. send mass emails, junk mail or spamming in any forms or means.
7.20 You acknowledge that copyright and privacy laws vary by country and the viewing, recording or copying of images from performances, exhibitions, or neighboring properties, or recording persons without their consent may violate copyright, privacy or other legal rights even if the images were obtained for personal use (collectively, the “Violations”).
7.21 You agree that the Service is protected by American and international copyright laws and treaties, as well as other laws and treaties. Except for the non-exclusive license granted herein, you acknowledge and agree that all ownership, intellectual property, including but not limited to trade-marks, service marks and patents and other rights and interests in and to the Service shall remain solely with iWatchLife. You acknowledge and agree that iWatchLife reserves all rights not expressly granted to You.
7.22 You agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Service, use of the Service, or any portion of the Service, including, but not limited to the HTML code, cascading style sheets (“CSS”) or any visual design elements without iWatchLife’s express written permission. All access to and use of the Service via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Service is strictly prohibited.
7.23 You agree not to modify, reverse engineer, adapt or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Service, or any other product provided by iWatchLife.
7.24 You agree to assign to iWatchLife, without restriction, any and all right, title and interest You may have in or to any and all applications uploaded or made available on the Website by You, including without limitation, software, source code, scripts, processes, methods and algorithms (collectively, “Your Applications”) as of the moment they are created, whether or not these Your Applications are capable of intellectual property protection, and You further agree to execute appropriate documentation as requested by iWatchLife to assign, confirm and/or register such ownership.
7.25 You agree to expressly and irrevocably waives any and all moral rights in and to Your Applications, including the right to restrain or claim damages for any distortion or other mutilation and the right to be associated with the Your Applications, and You agree that iWatchLife may modify, adapt, translate, create derivative works from and use Your Applications as iWatchLife sees fit, without restriction whatsoever.
7.26 You acknowledge and agree that any warranty or return rights with respect to the Equipment will be automatically forfeited if iWatchLife, in its sole discretion, determines You have:
i. failed to install, use or maintain the Equipment in accordance with Manufacturer’s Agreement (as defined below);
ii. failed to protect any camera provided as part of the Equipment from direct sunlight or halogen light, which may irreparably damage the image sensors within the camera; or
iii. failed to take reasonable caution when mounting a lens on a camera provided as part of the Equipment that was provided without a lense.
8. iWatchLife’s Rights and Obligations
8.1 iWatchLife, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of iWatchLife will not disclose or otherwise enable access to Your Content to anyone other than your Authorized Users without your express written consent. Notwithstanding the foregoing, iWatchLife may be required to disclose or otherwise enable access to Your Content pursuant to a court order or legal compulsion.
8.2 iWatchLife technical support team will not have access to Your Content. Notwithstanding the foregoing, You may be required to provide them with temporary access to Your Content depending upon the nature of your technical support inquiry.
8.3 iWatchLife reserves the right to, in its sole discretion, and without any prior notice to You, permanently delete or suspend access to all or any portion of Your Content which violates the terms and conditions of this Agreement.
8.4 iWatchLife reserves the right to change, suspend or discontinue any aspect of the Website and Service at any time, including, but not limited to content, features offered, products offered, database, hours of availability, and equipment or software needed for access or use.
9. iWatchLife’s Commitment to Privacy
9.1 You acknowledge iWatchLife is committed to controlling the collection, use and disclosure of the personal information provided by You. “Personal information” is personally identifiable information such as Your name, residential address and e-mail address and includes information about your subscription to the Service and usage, credit information and billing records, technical service history and recorded complaints.
9.2 Personal information is collected by iWatchLife only when You specifically and knowingly choose to provide it to us such as when You subscribe to the Service.
9.3 iWatchLife may also receive personal information from our business partners and other third parties provided that such third parties confirm that they have obtained Your consent to the disclosure of your personal information.
9.4 iWatchLife will share personal information with our third party service providers to process, provide and deliver the order and process, provide, and deliver the Service and Equipment.
9.5 iWatchLife collects and uses your personal information primarily for the purpose of providing You with the Service Package and Equipment that You have requested. Unless You specifically authorize iWatchLife to release your personal information, or release is required or permitted by law, iWatchLife will not disclose, sell, lease or trade your personal information to other third parties.
9.6 iWatchLife will only ask for information about You that iWatchLife needs and will only ask for it when necessary. When You are asked for the information, You will be provided with an explanation why the information is needed, and what iWatchLife is going to do with it. iWatchLife will seek your consent prior to the collection, use and disclosure of the information as required by applicable privacy legislation. Subject to legal and contractual requirements, You can refuse to consent to iWatchLife’s collection, use or disclosure of information about You. You may also withdraw your consent to any further collection, use or disclosure of information about You at any time by providing iWatchLife with reasonable notice. If iWatchLife intended disclosures or uses of your information changes, You will be notified accordingly. Your personal information will not be used for any other purpose without your consent.
9.7 iWatchLife will try to ensure that information about You is accurate, complete and up-to-date. However, please inform iWatchLife of any change of name, address or other information. In the event You have questions about the accuracy of factual information which iWatchLife has collected about You, You will have access to that information in order to verify and update it.
9.8 iWatchLife is committed to protecting your privacy. Security measures, such as restricted access and the use of passwords and encryption have been adopted to protect your personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. iWatchLife’s employees have been trained to respect your privacy at all times and those employees with access to your personal information shall use your personal information strictly in accordance with these Conditions and the applicable privacy laws.
9.9 If You have any questions about the collection, use or disclosure of your personal information or if You simply want to know which of your personal information iWatchLife has on file, You may contact our Privacy Compliance Officer at firstname.lastname@example.org. iWatchLife has procedures in place to receive and respond to any complaints or inquiries about its handling of the personal information of its subscribers.
10. Limitation of Liability
10.1 You acknowledge and agree that iWatchLife, our affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of iWatchLife or our affiliates, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages resulting from:
i. the use or the inability to use the Service or Equipment;
ii. any Violations (as defined above in section 7.20);
iii. the use of Your Content by Authorized Individuals, including but not limited to the unauthorized distribution or dissemination of all or any portion of Your Content by Authorized Individuals or any other third parties;
iv. Any comments or opinions published, posted or stated on any third party web site, blog, chatroom or forum;
v. Any changes to the terms and conditions of this Agreement;
vi. Any failure by iWatchLife’s third party partners regarding the hosting and maintenance of iWatchLife’s servers, the Website, and the provision of credit card processing services;
vii. Any price change, suspension or discontinuance of the Service;
viii. Any loss of Your Content, modification to a feature or to the Service itself, including the addition or removal of multimedia analytics;
ix. Any loss of Your Content subsequent to a cancellation or termination of your account;
x. The use of the Other Hardware,
xi. Statements or conduct of any third party on the Service; or
xii. Any other matter relating to the Service.