You control who sees your cameras and content.
Aiwit designed to provide a way for you to view the content captured with your Aiwit cameras, video doorbell including your videos and photos taken with your Aiwit cameras. You control access to your cameras and stored content. The Aiwit video monitoring systems come with various services plans, which may offer: remote viewing of your Aiwit cameras’ content; automatic recording when motion is detected; motion alerts; digital pan and zoom; video storage; and the ability to support multiple cameras. Through settings in your Aiwit account you can choose to keep your cameras, photos and videos private or allow broader access to them. Premium service plans may be offered that upgrade the aforementioned features or add additional features to your Aiwit system.
Age:
You must be at least 18 years of age to sign up for Aiwit, and by signing up for Aiwit you confirm that you are at least 18 years old. The Aiwit System does not knowingly collect or solicit personal information from anyone under the age of 18, and Aiwit does not knowingly allow such persons to register for Aiwit. If you are under 18, do not attempt to register for the Aiwit or send any information about yourself to us without parental consent. No one under age 18 may provide any personal information to Aiwit without parental consent. If we learn that we have collected personal information from somebody under age 18 without verification of parental consent, we will delete such information. If you believe that we have any information from or about a child under 18, please contact us at [email protected].
To read the complete Aiwit Terms of Service please see below.
Introduction:
Welcome to Aiwit. Aiwit is operated by Eken Electronics Limited Ltd., (“we”, “our”, “us” or “the Company”). These Terms of Service (“Aiwit Terms” or “Terms”) apply to your use of any of our products or services including:
(a) the Aiwit hardware products, including, without limitation, cameras, doorbells, battery camera (referred to herein as the “Aiwit System”); and/or
(b) the EKEN websites and any associated subscriptions, content services, accounts, mobile apps, streaming video sites, technical support and services accessible via EKEN websites, and all other web services associated with the Aiwit product (collectively referred to as the “Aiwit Websites and Apps”).
((a) and (b) above being collectively referred to herein as the “Aiwit Services”)
1. Terms of Service
Your registration of the Aiwit System through the Aiwit APP, as well as use of the Aiwit Services, is subject to the provisions of these Terms. Any software component embodied in the Aiwit System is licensed to you, and not sold.
Aiwit MAY AT ITS DISCRETION CHANGE THESE TERMS. ANY CHANGES MADE TO PROVISIONS OF THESE TERMS WILL BE UPDATED ON THE Aiwit APP.WE ENCOURAGE YOU TO PERIODICALLY CHECK THE Aiwit APP FOR THE CURRENT VERSION OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY CHANGES TO THESE TERMS YOU MAY CANCEL YOUR USE OF THE Aiwit SERVICES IN ACCORDANCE WITH SECTION 14 OF THESE TERMS. YOUR USE OF THE Aiwit SERVICES FOLLOWING NOTIFICATION OF THE CHANGE TO THE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE TERMS, AS MODIFIED.
THE AIWIT SYSTEM, WEBSITES AND SERVICES ARE FOR PERSONAL, NON-COMMERCIAL USE ONLY.
Aiwit Services cannot be used in the comprehensively sanctioned countries Cuba, Iran, North Korea, Sudan or Syria, and the Aiwit System should not be sold in these countries.
2. Registration information
Registration of your Aiwit System is required. To register, you must provide and maintain accurate information, which may include: (i) your name (ii) your system identification number and (iii) an email address. You agree to provide and maintain accurate and complete user information, and Aiwit may terminate your account if you provide Aiwit with inaccurate or incomplete user information. You also certify that you are legally permitted to use and access the Aiwit Services. These Terms are void where prohibited by law and the right to access the Aiwit Services is revoked in such jurisdictions.
Aiwit may collect, process and store your videos and other information. Please review our Privacy Policy located at https://www.eken.com/privacy-policy for details about how we collect, use and disclose information about you and your Aiwit account. We encourage you to review the Privacy Policy frequently. By completing the registration process, you agree to the Privacy Policy and affirm that you understand and consent to Aiwit’s collection, storage and use of your User Information. You have the right to update certain of your user information. You may also be able to manage privacy settings related to collection, storage and use of your user information and other types of information captured by the Aiwit Services. Any such changes can be made by logging into your Aiwit account. Certain features of the Aiwit Services may not be available if you restrict the collection, storage or use of certain types of information.
3. Member account, password and security
You will create a password and account designation during the Aiwit Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to
(a) immediately notify Aiwit of any unauthorized use of your password or account or any other breach of security and
(b) ensure that you exit from your account at the end of each session.
Aiwit will not be liable for any loss or damage arising from your failure to comply with this Section 3. Aiwit may refuse registration of or cancel Aiwit account designation in its discretion.
4. Third-Party Content
Aiwit takes the ownership of all functions related to our smart production, but in order to provide better services to users, we also rely on or inter-operate with third-party content. The Aiwit Services give you the ability to access media content controlled by third parties (“Third-Party Content”) over which we exercise no editorial or programming control. You understand the following:
(a) Third-Party Content providers may restrict or revoke access to their content at any time;
(b) To the extent possible under the governing law, we are not responsible for and have no editorial control over any Third-Party Content; and
(c) We have no control over the distribution of Third-Party Content.
You agree that we will have no liability to you or anyone else who uses your Aiwit System with regard to any Third-Party Content. You also agree and declare that any and all Third-Party Content accessed or transferred using the Aiwit Services is for personal, non-commercial use and that the Aiwit Services will not be used to illegally copy, illegally display or otherwise make illegal use of Third-Party Content. Generally, authorisation from the appropriate rights holder is needed prior to displaying, using or copying Third-Party Content. Unauthorised copying or distribution of copyrighted works may constitute an infringement of the copyright holders’ rights.
We may terminate the accounts of users of any Aiwit service or software who infringe the copyrights, trademarks or intellectual property rights of others. In addition, steps intended to defeat or bypass security measures designed to prevent intellectual property infringement may be illegal under Hong Kong law or comparable foreign laws. We may terminate the Aiwit accounts of users who develop or use methods to defeat or bypass such security measures and may take any other necessary or appropriate action to prevent infringement of intellectual property holders’ rights.
5. Changes to your Aiwit service
To the extent possible under the governing law, we may, at our discretion and without notice or user permission, change, add or remove features and functionality of the Aiwit Services. If you are dissatisfied with any material changes to the Aiwit Services during a subscription, or cannot enjoy the value-added benefits due to your personal reasons, you can immediately terminate the use of the Aiwit service. As Aiwit services are digital products, due to the particularity of Internet services and related management regulations, Aiwit cannot refund the corresponding fees. We are under no obligation to provide any or all features and functionality to your Aiwit System and may, at our discretion, discontinue the provision of software updates to certain Aiwit Systems. Because different Aiwit Systems may support different features and functionality, the level of service we provide may not be the same for each Aiwit System.
6. dispute resolution by binding arbitration; class action waiver. please read this provision carefully. it affects your rights.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH AGREEING TO ARBITRATE ALL DISPUTES ON AN INDIVIDUAL BASIS AND ARE THEREFORE WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
BINDING ARBITRATION. To the extent possible under your local law, both you and the Company agree to arbitrate any and all disputes or claims out of or relating to this Agreement, any Aiwit Services or your relationship to Aiwit. All disputes concerning whether a claim is subject to arbitration (including disputes about the interpretation, breach, applicability, enforceability, revocability or validity of this Agreement) shall be decided by the arbitrator. Arbitration uses a neutral arbitrator instead of a judge or jury to resolve claims. Arbitration is less formal than a traditional court proceeding and the arbitrator’s decision is subject to limited review by courts.
EXCEPTIONS TO ARBITRATION. Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, for any dispute between the parties that is not subject to arbitration, the parties consent to exclusive jurisdiction and venue in Hong Kong.
CLASS ACTION WAIVER. The parties agree that they both give up the right to a jury trial and that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class action lawsuit: CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER ARE OPTIONAL. You may decline or opt out of this agreement to arbitrate by sending written and signed notice to [email protected] within thirty (30) calendar days of agreeing to these Terms.
7. Service eligibility/Parental advisory
Use of the Aiwit Services requires that your Aiwit System has access to an always-on, broadband Internet connection. To enable the Aiwit Services, all Aiwit Systems must be registered at https://www.eken.com or Aiwit apps, such as the official Aiwit iOS and Android apps.
System requirements. The Services will not be accessible without: (i) a Wi-Fi or other communications network in your home that is positioned to communicate reliably with the Aiwit hardware products; (ii) an Aiwit account; (iii) for some features and functionalities of the Aiwit Service, an enabled and supported wireless device, such as a phone or tablet; (iv) always-on broadband Internet access with bandwidth sufficient to support the Aiwit hardware products you use; and (v) other system elements that may be specified by Aiwit. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured.
Aiwit is not obligated to make any updates available. Aiwit does not guarantee that it will support the version of the system or device for which you purchased or licensed the software, apps, content or other products. Aiwit may stop supporting devices or operating systems that it previously supported.
THE AIWIT SERVICES ARE INTENDED FOR USERS WHO ARE AT LEAST 18 YEARS OF AGE OR OLDER.
8.Member conduct
You understand that all information, data, text, software, photographs, video, messages, tags, feedback, comments, questions, other information or materials (“Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not us, are entirely responsible for all Content that you capture, upload, post, email, transmit or otherwise make available via the Aiwit Services.
We do not have an obligation to monitor or control the Content posted via the Aiwit Services and, as such, do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we be liable for any Content, including, but not limited to, the following circumstances:
a)any errors or omissions in any Content;
b)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 Aiwit Services including viewing, copying or redistribution of the Content;
c)loss or destruction of Content; or
d)failure to comply with any and all applicable federal, state and local laws with respect to use of the Aiwit Services, including, but not limited to, laws related to closed-circuit television monitoring for any purpose and recording communications.
You also understand that we do not guarantee the identity of any other users with whom you may interact in the course of using the Services.
Additionally, we do not guarantee the authenticity of any data that users may provide about themselves. We do not control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content and you hereby release us from all liability for you having acquired or not acquired Content through the Aiwit Services.
You agree not to use the -Aiwit Services to do the following: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy or that contains any private or personal information of another person without that person’s legally required consent; harm any person in any way; impersonate any person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Aiwit Services; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes or misappropriates any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party or that contains viruses, corrupted data or other harmful, disruptive or destructive files or content; upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation; interfere with or disrupt the Aiwit Services or servers or networks connected to the Aiwit Services (including, without limitation, denial-of-service attacks) or disobey any requirements, procedures, policies or regulations of networks connected to the Aiwit Services; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ and any regulations having the force of law; “stalk” or otherwise harass another; or use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from the Aiwit Services; develop or use any applications that interact with the Aiwit Services without our prior written consent; or use any device not suitable for Aiwit with any Aiwit System component unless we have specifically designated it as compatible.
Our personnel do not view your private photographs or videos without your permission unless compelled by law but you agree that the Company and its designees will have the right (but not the obligation) in their sole discretion to screen and/or remove Content that is made, or attempted to be made, publicly available via the Aiwit Services. We may also refuse or remove Content from the Aiwit Services that may violate the Terms, such as those prohibitions listed in Section 8. Without limiting the foregoing, we will have the right at any time to remove any Content that violates these Terms, is illegal or that we believe may be illegal or inappropriate (including, but not limited to, removal upon receipt of claims or allegations from third parties or authorities relating to such Content) or for no reason at all.
You will be responsible for withholding, filing and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services. You acknowledge, consent and agree that EKEN may access, preserve and disclose your account information and/or Content if required to do so by law or in a belief that such access, preservation or disclosure is reasonably necessary to
a)comply with legal process, including, without limitation, subpoenas and search warrants;
b)enforce these Terms;
c)respond to claims that any Content violates the rights of third parties;
d)respond to your requests for customer service; or
e)protect the rights, property or personal safety of Aiwit, its users and the public.
You understand that the technical processing and transmission of the Aiwit Services, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Aiwit Services and software embodied within the Aiwit Services may include security components that permit digital materials to be protected and that use of these materials is subject to usage rules set by the Company and/or content providers who provide content to the Aiwit Services. Aiwit may require certain security safeguards in order to use the Aiwit Services, such as two-factor authentication.
You may not attempt to override or circumvent any of the usage rules embedded into the Aiwit Services. Any unauthorised or illegal reproduction, publication, further distribution or public exhibition of the materials provided on the Aiwit Services, in whole or in part, is prohibited.
9.Content submitted or made available for inclusion on the Aiwit Services
Aiwit does not claim ownership of Content that you submit or make available for inclusion on the Aiwit Services. Nevertheless, with respect to Content (including all related intellectual property rights) that you submit or make available for the Aiwit Services, you grant Aiwit the following worldwide, royalty-free, non-exclusive, perpetual, irrevocable, sub-licensable and transferable licence(s), as applicable: the licence to use, transmit, process, reproduce, modify, adapt, make derivative works of, publicly perform and publicly display such Content in a security-enhanced and/or encrypted manner on the Aiwit Services and other third-party platforms solely in connection with providing you the Aiwit Services, as permitted through the functionality of the Aiwit Services and under these Terms. You grant Aiwit the right to maintain a copy of the Content (including all related intellectual property rights) for archival and legal purposes.
You also hereby do and shall grant each user of the Aiwit Services a non-exclusive licence to access and use your Content through the Aiwit Services, as solely permitted through the functionality of the Aiwit Services and directed by you and under these Terms.
When you use a third-party application, the application may ask for your permission to access your Aiwit content and information to enable the application to work as intended. Your agreement with the provider of that application will control how the application can use, store and transfer that content and information, so be sure to thoroughly read any such application’s terms of service and only use applications from trusted providers.
For clarity, the foregoing licence grants to the Company do not affect your ownership of or right to grant additional licences to the material in your Content, unless otherwise agreed in writing.
10.Subscription services fees and automatic renewal
10.1Service content
10.1.1 Aiwit Subscription is a subscription service package for users of Aiwit smart devices. It contains a variety of proprietary subscription service benefits. Please refer to the detailed introduction in Aiwit App to check specific service content.
10.1.2 The device and its firmware, and software version of your phone application may affect your subscription service benefits. When this happens, we recommend that you replace the device or upgrade the firmware and software in a timely.
10.1.3 The subscription service benefits are based on the information published in Aiwit App. Intelligent services are divided into various forms, and there will be differences between different service package. The details are also subject to the description in Aiwit app.
10.2Activation and termination
10.2.1 If you agree to this agreement and pay the corresponding subscription service fees through reasonable channels, you will get subscription service benefits immediately.
10.2.2 Aiwit Subscription Validity Period: Counted from the day when the service is activated, the specific validity period can be viewed in Aiwit App. Paid users renew fees during the validity period, and the validity period will be extended accordingly. If you not renew before benefits get expired, EKEN has the right to stop providing intelligent services.
10.2.3 When you open the Aiwit Subscription, you should carefully check your account information, term, and fees. As the Aiwit subscription service is a digital product, based on the particularity of Internet services and relevant national regulations, if you make a wrong purchase or cannot use the service due to your personal reasons, EKEN will not refund the fees.
10.2.4 After Aiwit Subscription is activated, if you do not use the subscription service benefits, it is not considered as giving up the corresponding rights. However, if you violate the relevant regulations or there is an abnormality in your account, EKEN has the right to take restrictions or freeze measures on the corresponding account.
10.2.5 Before your Aiwit Subscription expires, EKEN will notify you that it is will expire or has expired. You can extend the use period by repurchasing the service package again.
10.3 Subscription services fees and renewal
10.3.1SOME AIWIT SERVICES REQUIRE AN ONGOING SUBSCRIPTION THAT WILL CONTINUE UNTIL YOU CANCEL, OR WE TERMINATE, THE RELATED SERVICE. You agree to pay your subscription fee in advance. Your subscription period is stated in your Aiwit subscription plan, which you may view by logging into your account. Your subscription fee will cover the Aiwit Services provided in your Aiwit subscription plan. You may have a choice of subscription payment options and may change your selected payment option by notifying us in accordance with the subscription plan. If for any reason you need to reactivate a terminated subscription, you may be charged a reactivation fee that will be disclosed to you prior to the levy of the reactivation fee. Whatever your subscription payment option, your subscription fee does not include any services, features or functionality other than the Aiwit Services as defined in the plan you choose. We may offer multiple subscription plans with varying levels and services.
10.3.2 Free gifts, trials and promotions
EKEN will launch special promotions and publish event information and event prices in Aiwit App.
Your subscription may start with a free trial or promotional subscription fee that automatically converts to a full-priced paid subscription upon expiry of the trial or promotional period. If so, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL PERIOD, WE WILL BEGIN BILLING YOUR PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION FEE (PLUS ANY APPLICABLE TAXES) UPON EXPIRY OF THE FREE TRIAL PERIOD UNTIL YOU CANCEL OR WE TERMINATE YOUR SUBSCRIPTION. You may not receive a notice from us that your free trial has ended or that the paid portion of your subscription has begun. We reserve the right, in its absolute discretion, to determine your free trial eligibility.
10.4 Account Management
10.4.1 You can share the right to family or friends through sharing, but the sharing users do not have the right to set related functions. How to set and use is still determined by the camera owner.
10.4.2 In the event of account leakage or damage to subscription service benefits that could not be attributed to EKEN, EKEN assumes no responsibility. If you find your account stolen during use, you should promptly change your password or retrieve your account through management regulations.
10.4.3 Subscription service users shall not obtain qualifications in improper ways, shall not provide to account to third parties in any form of lending, renting, selling, etc., and shall not abuse subscription service rights to obtain improper benefits. If the user commits improper behavior and violates the management regulations, EKEN has the right to suspend or cancel subscription service qualification without refunding the service fees. In addition, the offending member shall bear all responsibilities and consequences.
10.4.4 Disputes arising from reasons that can be attributed to the Aiwit users, not related to EKEN. The Aiwit users should bear the corresponding responsibility. If such disputes impair the legal rights of EKEN, we have the right to cancel the user’s eligibility for subscription services without refunding the service fees. At the same time, EKEN will safeguard rights and in lawful ways.
11. Subscription payment and automatic renewal
11.1Automatic renewal
In order to provide smart service constantly, EKEN prepare to you subscription service package.
If you choose a subscription option with recurring payments (i.e. the monthly and annual subscriptions), you agree that we may automatically charge the subscription fee to the credit or debit card provided and associated with your account at the beginning of each period at the frequency you have selected, unless and until you cancel the auto-renewal option or cancelling your Aiwit Services. You must cancel prior to the subscription fee being charged to the credit or debit card.
Instructions for cancelling your subscription are described below in this Section 11. We reserve the right to modify or terminate free trials at any time, without notice and at our sole discretion.
We will automatically deduct the next period of fees within 24 hours before the service expires, and extend the corresponding service content, service conditions and service period.
If you signed up at a promotional rate, any renewals past the promotional period will be charged at the then effective subscription fee. Access to your Aiwit Services will not be established until the Company or its agent has verified that the credit card information is valid and accurate, and that your credit card account is in good standing.
You also acknowledge that the amount billed may vary due to promotional offers, changes to your subscription or changes in applicable taxes or other charges, and you authorise us (or our third-party payment processor) to charge your payment method for the corresponding amount.
To the extent possible under the governing law, we may also change the Aiwit Services fees or charge additional fees for features and functionalities that are not a part of the Aiwit Services. Such fee changes and additional charges will generally not take place until the renewal date for your subscription. We will notify you by an email to the email address on record for your account in advance of any fee changes or new fees. If you are dissatisfied with the fee changes or additional charges, you may terminate your use of the Aiwit Services because of the implementation of such fee changes or additional charges and be entitled to a pro-rated refund of any of your paid for, but unused, fees for using the Aiwit Services.
11.2 Cancel automatic renewal
You can turn off the automatic renewal function from the system or a third-party payment account. The closing path is as follows:
a) IOS: in iCloud payments, Setting – iTunes Store & App Store – Apple ID – View Apple ID – Account – Subscription, find Aiwit and close.
b) Android: in Play Store payments, Mine – Subscription, find Aiwit and close.
c) Android: in ALIPAY, Mine – Settings – Payment Settings – One Step Payment/Auto Debit, find Aiwit and close.
d) Android: in WeChat Pay, Me – WeChat Pay – Pay Management – Auto Deduction Service, find Aiwit and close.
11.3 Refund policy
When you open the Aiwit Subscription, you should carefully check your account information, term, and fees. As the Aiwit subscription service is a digital product, based on the particularity of Internet services and relevant national regulations, if you make a wrong purchase or cannot use the service due to your personal reasons, EKEN will not refund the fees.
11.4 Termination of service.
We may suspend or terminate your Aiwit Services without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks the return of payments previously made to us for Aiwit Services.
11.5 Agreement modification
According to the development of the Internet and changes in relevant laws, regulations and regulatory documents, or due to the needs of the business development of EKEN, EKEN has the right to modify or change the terms of this agreement. Once the content of this agreement changes, EKEN will be publicized on the official website, and the revised content will become effective after publication.
If you do not agree to the amendments made to the relevant terms of this agreement, you have the right to turn off automatic renewal. If you continue to use it, you are deemed to have accepted the amendments made to the relevant terms of this agreement.
12. Internet service provider and mobile phone charges
The Aiwit Services require the use of a broadband Internet connection. You are responsible for any service charges for your Internet connection or data plan incurred as a result of using or accessing the Aiwit Services and acknowledge and agree that you will be solely responsible for all disputes with any Internet service or mobile phone provider relating to same. In particular, streaming and viewing recorded videos and the use of the apps may incur extra and substantial charges on devices that use a data plan. We are not responsible for and do not make any assurances about the availability, functionality or cost of any broadband Internet connection or other data plan.
13. Using the Aiwit Services
You may access and use the Aiwti Services only with an Aiwit System that is authorized to communicate with the Aiwit Websites and Apps. You agree not to tamper with or otherwise modify your Aiwit System. The Aiwit Services are provided for your personal, non-commercial use and may not be resold, in whole or in part. Except as expressly provided in these Terms, you may not transfer the Aiwit Services or the right to receive them.
By using the Aiwit Services, you agree to receive all software updates and upgrades that Aiwit sends to your Aiwit System. These updates and upgrades may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you disable the automatic update and upgrade feature of the Aiwit System, then certain functionalities of the Aiwit System may be adversely impacted. Even if you disable the automatic upgrade feature of your Aiwit System, we may still implement critical Aiwit System updates; updates for Aiwit applications running on your iPhone, iPad, Android phone or tablet; and Aiwit back-end service updates. If your Aiwit System accesses the Aiwit Websites and Apps (regardless of your payment or subscription status), you acknowledge and agree that you are a user of the Aiwit Services and are bound by the provisions of these Terms.
14. Termination of service
You may request termination of your account and your right to use the Aiwit Services at any time without limitation. The Aiwit Services will be terminated within approximately 5 business days after your request. Any unused Aiwit Services fees, including subscription fees, may not be refundable under this method of termination. Upon termination of your account, certain information may not immediately be deleted from Aiwit’s or its agents’ systems, including, without limitation, log entries, diagnostics, analytics coming from devices tied to the user, transaction details of the account or information subject to search warrant, subpoenas or other legal processes.
Notwithstanding anything to the contrary in these Terms, Aiwit retain the absolute right to immediately terminate your account if the subscription charges are refused for any reason, if you breach any provision of these Terms, if you misuse the Aiwit Services and/or if you alter your Aiwit System or use the Aiwit Services or software in such a manner as to infringe upon the intellectual property rights of Aiwit and/or its subsidiaries and affiliates or any third party.
In addition, we may terminate your account and these Terms for any other reason if the following occurs: we give you at least 30 days advance notice of such termination. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the Aiwit Services before termination and we will give you a pro-rated refund of any of your paid for, but unused, Aiwit Services fees that will remain unused because of Aiwit’s termination under this method of termination. Termination of the Aiwit Services may result in the forfeiture and destruction of all information associated with your membership, including Content.
All provisions of these Terms which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
15. Notice
We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, text message, postings or updates to the Aiwit Websites and Apps, or other reasonable means now known or hereinafter developed.
16. Title to software and intellectual property
You may need to use certain software programs in your Aiwit System to use or have full access to certain features of the Aiwit Services. You are required to accept and use the software included in your Aiwit System at the time of purchase and other software programs that may be delivered to your Aiwit System by Aiwit from time to time. The Company and/or its subsidiaries, affiliates and licensors retain title to and ownership of all the software for the Aiwit System and certain intellectual property rights in the Aiwit System. We and/or our affiliates also retain ownership of all Aiwit copyrights and trademarks. In the case of third-party software delivered by the Company and/or its subsidiaries and affiliates to the Aiwit System, the applicable third party retains title to and ownership of its software, copyrights and trademarks.
Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sub-license, distribute publicly perform, publicly display, copy or use for other purposes the Aiwit System or the software of the Aiwit System is strictly prohibited, unless such prohibition is not allowed under the applicable law. If you install any Aiwit software applications on your home computer, ownership and the other terms of such use are governed by the applicable End User Licence Agreement to which you must agree prior to installation.
17. Notice and procedure for making claims of copyright or intellectual property infringement
We respect the intellectual property of others and we require our users to do the same. Aiwit may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat intellectual property infringers. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please provide us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property interest that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorised to act on the copyright or intellectual property owner’s behalf.
Please mail this information to:
Room 406A, 4/F Mirror Tower, 61 Mody Road, TST East, Kowloon,Hong Kong
18. Links
You may provide a link to your personal Aiwit site. Any link to any Aiwit Service must be to its home or top-level page.
The Aiwit Services may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources you agree that we are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.
19. Special admonitions for international use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or from the country in which you reside. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
20. No resale of Aiwit services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the Aiwit Services (including your Aiwit ID), use of the Aiwit Services or access to the Aiwit Services.
21. Indemnity
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE LAWYERS’ FEES), INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES OR THE AIWIT SERVICES, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY PROVISION OF THESE TERMS, YOUR MISUSE OF THE AIWIT SERVICES, OR YOUR UNAUTHORISED MODIFICATION OR ALTERATION OF AIWIT PRODUCTS OR SOFTWARE.
22. Warranty and warranty disclaimer
There is a limited warranty on the Aiwit devices. The specifics of our Limited Hardware Warranty are at https://www.eken.com/warranty.
TO THE EXTENT POSSIBLE UNDER GOVERNING LAW, OTHER THAN THE ABOVE PRODUCT WARRANTY FOR THE AIWIT DEVICES, YOU UNDERSTAND AND AGREE THAT THE AIWIT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY THAT THE AIWIT SERVICES WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE AIWIT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE AIWIT SERVICES (INCLUDING THIRD-PARTY CONTENT), THAT ANY DEFECTS IN THE AIWIT SERVICES WILL BE CORRECTED, OR THAT THE AIWIT PRODUCTS OR AIWIT SERVICES WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, WE DO NOT WARRANT THAT THE AIWIT SERVICES OR THE AIWIT SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ALSO ASSUME NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES THAT MAY INFECT YOUR AIWIT BASE STATION, COMPUTER SOFTWARE OR OTHER HARDWARE.
YOU AGREE THAT WE ARE NOT AN INSURER AND THAT WE ARE NOT PROVIDING YOU WITH INSURANCE OF ANY TYPE. ANY AMOUNTS THAT YOU PAY US FOR THE AIWIT SERVICE ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF YOUR PROPERTY, ANYONE ELSE’S PROPERTY LOCATED IN YOUR PREMISES OR ANY RISK OF LOSS AT YOUR PREMISES. IF YOU WANT INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS AT YOUR PREMISES, YOU WILL PURCHASE IT. IN THE EVENT OF ANY LOSS, DAMAGE OR INJURY, YOU WILL NOT LOOK TO US TO COMPENSATE YOU OR ANYONE ELSE. YOU RELEASE AND WAIVE FOR YOURSELF AND YOUR INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST THE COMPANY ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE OR INJURY.
OUR EQUIPMENT AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF CERTAIN EVENTS, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, ROBBERIES AND MEDICAL PROBLEMS. AIWIT MAKES NO GUARANTEE OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE AIWIT EQUIPMENT AND SERVICES PROVIDED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. THE COMPANY DOES NOT UNDERTAKE ANY RISK THAT YOU OR YOUR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH YOU, NOT THE COMPANY.
OTHER THAN THE ABOVE PRODUCT WARRANTY FOR THE AIWIT DEVICES, WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE AIWIT SERVICES, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, THE LAST SENTENCE OF THIS SECTION MAY NOT APPLY TO YOU. AIWIT HEREBY FURTHER EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS FOR SERVICE FAILURES THAT ARE DUE TO NORMAL PRODUCT WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION OR YOUR NON-COMPLIANCE WITH ANY AND ALL APPLICABLE FEDERAL, STATE OR LOCAL LAWS. THIS WARRANTY AND WARRANTY DISCLAIMER GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY STATE, PROVINCE OR COUNTRY. OTHER THAN AS PERMITTED BY LAW, AIWIT DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR STATE, PROVINCE OR COUNTRY. FOR OUR AUSTRALIAN CUSTOMERS: PLEASE NOTE THAT THIS WARRANTY IS IN ADDITION TO ANY STATUTORY RIGHTS IN AUSTRALIA IN RELATION TO YOUR GOODS WHICH, PURSUANT TO AUSTRALIAN CONSUMER LAW, CANNOT BE EXCLUDED.
23. No third-party beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms.
24. Limitations of our liability
Under no circumstances will we be liable in any way for any Content, including, but not limited to, the loss of Content, 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 Aiwit Services.
Our liability for damages, especially for breach of duty or obligation, delay in performance, non-performance or mal-performance shall be precluded, except when these are due to negligent breaches of any significant contractual duty or obligation on the part of the Company. Any liability for negligence is limited to direct losses usually and typically foreseeable in such case. Should the claim for damages be based on wilful or grossly negligent breach of contractual duty or obligation on the part of Aiwit, the preclusion and limitation of liability mentioned in the preceding sentences will not apply. The preceding preclusion and limitation of liability will also not apply to claims for damages arising out of loss of life, bodily injury or health impacts for which the Company may be liable, or for non-contractual liability.
Some states and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Additionally, this provision is not intended to limit our liability in the event of our wilful or intentional misconduct. Moreover, if we mistakenly or wrongfully overcharge your account, this section does not limit our ability to refund such mistakenly or wrongfully overcharged amounts.
25. General information
Entire agreement. These Terms, any additional terms we provide for any particular Aiwit Services and the applicable End User Licence Agreement, constitute the entire agreement between you and the Company and govern your use of the Aiwit Services, superseding any prior agreements between you and Aiwit with respect to the Aiwit Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Aiwit Services, affiliate services, third-party content or third-party software.
Choice of Law. These Terms shall be governed by, and construed in accordance with, the laws of Hong Kong, without regard to principles of conflicts of law thereunder.
Dispute Resolution.
(a) Any dispute, controversy or, claim or difference of any kind whatsoever arising out of, relating to or in connection with these Terms, including the existence, validity, interpretation, performance, breach or termination thereof, the validity, scope and enforceability of this arbitration provision and any dispute regarding no-contractual obligations arising out of or relating to it (each, a “Dispute”) shall be resolved at the first instance through consultation between the parties to such Dispute. Such consultation shall begin immediately after any party has delivered written notice to the other party(ies) to the Dispute requesting such consultation.
(b) In the event a Dispute is not resolved within thirty (30) days following the date on which a notice for consultation is given or upon the written notice of any party to the Dispute notifying that such consultation has failed, such Dispute shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Center (the “HKIAC”) in accordance with the HKIAC Administered Arbitration Rules in force at the time of the commencement of the arbitration. However, if such rules are in conflict with the provisions of this Section, including the provisions concerning the appointment of arbitrators, the provisions of this Section shall prevail.
(c) The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong.
(d) The number of arbitrators shall be three (3) and the language of the arbitration proceedings and written decisions or correspondence shall be English.
(e) The arbitration tribunal shall not have the power to award injunctive relief or any other equitable remedy of any kind against any Investor unless such award both (i) is expressly appealable to and subject to de novo review by the courts of Hong Kong, and (ii) would not, if upheld, have the effect of impairing, restricting, or imposing any conditions on the right or ability of such Investor or its Affiliates to conduct its respective business operation.
(f) The prevailing party shall be entitled to reasonable attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Waiver and severability of terms. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. In addition, the other provisions of these Terms remain in full force and effect.
No right of survivorship and non-transferability. You agree that your Aiwit account is non-transferable and any rights to your Aiwit ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Section titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.
26. Contact
If you have any questions, complaints or claims with respect to the Aiwit Services, you may contact us here.
Room 406A, 4/F Mirror Tower, 61 Mody Road, TST East, Kowloon, Hong Kong
27. Aiwit Terms of Service addendum
If you are a subscriber to a Aiwit Service then the below additional terms apply.
PLEASE READ THESE TERMS CAREFULLY AND IN FULL. THEY CONTAIN CERTAIN CONDITIONS AND RESTRICTIONS ON THE AVAILABILITY AND USE OF THE AIWIT SERVICE YOU ARE ACTIVATING.
These additional terms supplement the Aiwit Terms and Conditions, which will otherwise apply in full force and effect, subject to any additional terms set forth herein. In the event of any inconsistency between the Aiwit Service Terms and the Aiwit Terms, the terms and provisions of the Aiwit Service Terms will govern and control.
Activation. To activate your Aiwit Service, you must affirmatively take certain steps – this activation will not occur automatically. For new Aiwit users, this will involve creating an Aiwit account as part of the sign up process. Your use of the Aiwit Service will be subject to these Aiwit Service Terms, the Aiwit Terms, and Aiwit’s Privacy Policy.
Duration. You may cancel your Aiwit Service or delete your Aiwit account at any time, upon which you will lose access to the Aiwit Service and/or Aiwit account. To take any of these actions, log into your Aiwit account and follow the prompts on the account page.
Privacy. If your Aiwit Service utilizes facial recognition, object recognition, and other artificial intelligence capabilities then When Aiwit provides some important functions such as Cloud Storage, Intelligent Analysis and other services, may capture digital images, videos, sounds, and use information provided by your Aiwit system. Aiwit automatically may compare these captured images and sounds to databases of stored records. You explicitly agree that such data may be captured by your Aiwit system and used and analyzed by the Aiwit Service. It’s a process without human intervention. However, we attach great importance to the privacy and security of users. Without the authorization of users, we will never illegally use or view any user information.
In addition to the above-described information you provide to the Aiwit system for use by the Aiwit Service, you also acknowledge and agree that you will provide other information to Aiwit, such as your email address, physical address, and credit card information. This latter information is for the purpose of activating and administering the Aiwit Services.
Disclaimer of Liability. We do not have any control over whether, or the manner in which, calls using our Aiwit Smart E911 Service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing Aiwit Smart E911 Service communications to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route communications is incorrect or yields an erroneous result. Neither Aiwit nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our Aiwit Service unless such claims or causes of action arose from our gross negligence or willful misconduct.
Additional Services. We may from time to time make additional Aiwit services (each an “Additional Service”) available to Aiwit customers. In order to access such Additional Services, you may be required to take certain steps, including consent to further terms.