Videolytics Terms of Service

Last updated September 19, 2023

This is an agreement between you and Videolytics.AI LLC (with its affiliates, “Videolytics”, “we”, or “us”) regarding Videolytics websites, devices, products, services, and applications (collectively, “Videolytics Services”).

These Terms of Service, together with the rules, policies, terms, and guidance we provide regarding the Videolytics Services, and the following terms (collectively, as they may be changed over time, the “Terms”) form a part of this agreement and govern your use of the Videolytics Services:

By purchasing or using Videolytics Services, you agree to the Terms, on behalf of yourself and all members of your household and others who use any Videolytics Services under your account. Please read them carefully. If you do not agree to the Terms, then you may not use any Videolytics Service and you may return a Videolytics Device in accordance with the applicable return policy.

For the purpose of these Terms of Service:

  • “Videolytics Device” means the Videolytics hardware products, including without limitation Videolytics devices and related accessories.
  • “Videolytics Recordings” means all audio, video, images, or other types of recordings made by Videolytics Devices or provided to us in connection with Videolytics Services.
  • “Software” means all software or firmware that we make available to you for use of Videolytics Services, including Videolytics apps and websites that provide access to video clips, Videolytics Services, Videolytics Device firmware and settings, and other information.

PRIVACY

Please review the Videolytics Privacy Notice and Videolytics Cookie Notice, which also govern your use of Videolytics Services, to understand our practices.

YOUR ACCOUNT

You may need your own Videolytics account to use certain Videolytics Services and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You must be at least 13 years old to use the Videolytics Services. If you are between the ages of 13 and 18, you may use the Videolytics Services only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If you are a parent or legal guardian of a user between the ages of 13 and 18, you consent to these terms on behalf of such user and you are fully responsible for the acts of such user in relation to the Videolytics Devices and Videolytics Services. We reserve the right to refuse service, terminate accounts, terminate your rights to use Videolytics Services, remove or edit content, or cancel orders in our sole discretion.

SOFTWARE TERMS

The following terms (“Software Terms”) apply to any Software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Videolytics Services.

Use of Videolytics Software

You may use Videolytics Software solely for purposes of enabling you to use the Videolytics Services as provided by us, and as permitted by the Terms. You may not incorporate any portion of the Videolytics Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Videolytics Software in whole or in part. All software used in any Videolytics Service is the property of Videolytics or its software suppliers and is protected by United States and international copyright laws.

Use of Third Party Services

When you use the Videolytics Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

No Reverse Engineering

You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Videolytics Software, whether in whole or in part.

Updates

We may offer automatic or manual updates to the Videolytics Software at any time and without notice to you.

Government End Users

If you are a US Government end user, we are licensing the Videolytics Software to you as a “Commercial Item” as that term is defined in the US Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Videolytics Software are the same as the rights we grant to all others under the Terms.

Conflicts

In the event of any conflict between these Terms of Service and any other Videolytics or third-party terms applicable to any portion of Videolytics Software, such as open-source license terms, such other terms will control as to that portion of the Videolytics Software and to the extent of the conflict.

USE OF VIDEOLYTICS SERVICES

Information

The Software will provide us with information about your use of Videolytics Services (such as device type, name, and first use date). This information may be stored on servers outside the country in which you live. We will handle any information we receive in accordance with the Videolytics Privacy Notice.

Information Provided To Others

You are responsible for any information you provide to others using Videolytics Services. Use of information you provide to these third parties will be subject to any privacy notice or other terms that they may provide to you.

Third Party Products

Videolytics Devices may include third party products that Videolytics does not manufacture or develop. We may automatically update the firmware for certain of these products on behalf of the applicable manufacturer. Videolytics has no responsibility or liability for such third party products or manufacturer-provided firmware.

Information Purposes Only

We do not guarantee that Videolytics Services, including any notifications or alerts, are accurate, reliable, always available, timely, or complete. Videolytics Services are provided for informational purposes only. You agree that Videolytics is not responsible for any damages caused by the failure or delay of Videolytics Services, regardless of whether such failure or delay is within Videolytics’s control. Videolytics Services do not include a monitored security service or an emergency notification service. You understand that Videolytics Services do not include the monitoring of emergency notifications nor dispatching of emergency authorities to your home.

Compliance with Law

You are responsible for ensuring that your Videolytics Recordings and use of Videolytics Services comply with any applicable laws, including any laws relating to the recording and sharing of video or audio content involving other people, and any laws requiring notice or consent for video or audio recording. You may not use Videolytics Services in any manner that does not comply with the Terms. Without limiting the previous sentence, you may not use Videolytics Services, including to record video, in a manner that is illegal, obscene, defamatory, invades privacy, infringes intellectual property (including publicity rights), or otherwise injures third parties or is objectionable. Videolytics is not liable for your use of Videolytics Services or your Videolytics Recordings.

Videolytics Recordings

Videolytics Recordings are streamed to the cloud. Videolytics processes and retains your Videolytics Recordings in the cloud in accordance with the Videolytics Privacy Notice, including to provide and improve our products and services. You give us all permissions we need to use your Videolytics Recordings to do so. These permissions include, for example, the rights to copy your Videolytics Recordings, modify your Videolytics Recordings to generate clips, use information about your Videolytics Recordings to organize them on your behalf, and review your Videolytics Recordings to provide technical support.

Internet and Wireless Connectivity

Your Videolytics Device may require an Internet connection or data plan from a third-party provider in order to use some features. In such cases, your Internet connection or data plan is subject to the fees, restrictions, terms and limitations imposed by your provider.

Availability

Some Videolytics Services may be unavailable, vary (by device or geography, for example), or be offered for a limited time. In addition, if your Videolytics Services require wireless data services and is located in an area where it cannot access such services, you may not be able to use some or all of the Services or other features of your Videolytics Device. We are not responsible for the unavailability of wireless data services or any corresponding loss of Services.

GENERAL

Suspensions and Termination

Your rights under the Terms will automatically terminate without notice if you fail to comply with any of its terms. We may terminate the Terms or restrict, suspend, or terminate your use of Videolytics Services at our discretion without notice at any time, including if we determine that your use violates the Terms, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of Videolytics Services or harms our interests or those of another user of Videolytics Services. If your use of Videolytics Services is restricted, suspended, or terminated, you may be unable to access your video clips and you will not receive any refund or any other compensation. In case of termination, Videolytics may immediately revoke your access to Videolytics Services without refund. Videolytics’s failure to insist upon or enforce your strict compliance with the Terms will not constitute a waiver of any of its rights.

Contact Information

For help with your Videolytics Device, Videolytics Services, or resolving other issues, please contact Videolytics Customer Service.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE VIDEOLYTICS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE VIDEOLYTICS SERVICES ARE PROVIDED BY VIDEOLYTICS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. VIDEOLYTICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE VIDEOLYTICS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE VIDEOLYTICS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE VIDEOLYTICS SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, VIDEOLYTICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VIDEOLYTICS DOES NOT WARRANT THAT THE VIDEOLYTICS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE VIDEOLYTICS SERVICES, VIDEOLYTICS’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM VIDEOLYTICS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, VIDEOLYTICS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY VIDEOLYTICS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY VIDEOLYTICS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Videolytics Service will be adjudicated in the state or Federal courts in Santa Clara County, California, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

SITE POLICIES, MODIFICATION

We reserve the right to make changes to our site, policies, Videolytics Privacy Notice, Videolytics Cookie Policy, and the Terms, at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.