Terms and Conditions

IMPORTANT READ CAREFULLY: This End-User/ VAR License Agreement is a legal agreement between you (either an individual or a single entity) and 3dEYE for Internet-based products and services ("Services") that accompany this Agreement. YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY USING THE SERVICES, IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

1. Services: End Users/VARs shall be required to provide their own broadband internet connection to access the Services. Their account will entitle them to access the Services in one single internet-enabled instance. If they have multiple accounts, they are eligible to receive an additional login (username/password) for each such eligible account outlined in the subscription.
2. The End Users/VAR’s Conduct and Use: The End User/VAR shall be solely responsible for the contents of his/her usage of the Services and local, state, national, and international laws and regulations. The End User/VAR shall:

• Not use the Services for illegal or unlawful purposes;
• Not cause loss or create service degradation for other users;
• Comply with all regulations, policies and procedures of networks connected to the Services.

3. Eligibility for Use of Services: End User/VAR must be at least 18 years old, or the age of majority, as determined by the laws of his or her State of residency.
4. Safety and Parental Control: It is the End User/VAR’s responsibility to exercise discretion and observe all safety measures required by law and their own common sense.
5. Intellectual Property: End Users/VARs must agree to not copy, decompile, disassemble, reverse engineer or manipulate any technology incorporated in the Services, or otherwise modify or tamper with, any devices required to use the Services.
6. Security and Access to Password Protected/Secured Areas: The data transmitted between the servers and the devices is encrypted for the End User/VAR’s protection. However, the security of information transmitted through the Internet can never be guaranteed. End User/VAR shall agree that 3dEYE and its partners and or representatives are not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. The End User/VAR shall agree to be responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of the Services.
7. Service Interruptions: The End User/VAR shall acknowledge that the Services may be unavailable or interrupted from time to time for a variety of reasons, such as environmental or topographic conditions and other things, many of which we cannot control. Services might also not be available in certain places. 3dEYE, its distributors, resellers or agents are not responsible for any interruptions of the Services.
8. "As Is": THE USE OF THE SERVICES IS ENTIRELY AT END USER/VAR'S OWN RISK AND THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE,’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE RESULTS OBTAINED THROUGH THE SERVICES. NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS MADE TO END USER/VAR REGARDING THE SERVICES OR ANY CAMERA, SENSOR OR OTHER DEVICE OR THAT ACCESS TO OR USE OF THE SERVICES OR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. ALL SUCH WARRANTIES (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE DISCLAIMED.  THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY  OTHER CAUSE OF ACTION. THE SERVICES PROVIDER (3dEYE) IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD PARTIES.  WE SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED (INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF USE OF THE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICES. WE WILL NOT BE LIABLE FOR ANY LOSS OF OR USE OF END USER’S DNS NAME, OR FOR INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
9. Your Risk: YOU AGREE THAT YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE IS AT YOUR SOLE RISK. YOU WILL NOT HOLD US OR OUR CONTRACTORS OR LICENSORS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY OR GUARANTEE IN ANY WAY WHATSOEVER RELATING TO THE SERVICES OR WEBSITE.
10. Third Parties: THE THIRD PARTY LINKS, SERVICES, GOODS, RESOURCES AND CONTENT, IF AVAILABLE ON THE SERVICE, ARE NOT CONTROLLED BY US. ACCORDINGLY, WE MAKE NO WARRANTIES REGARDING SUCH THIRD-PARTY SERVICES, GOODS, RESOURCES, AND CONTENT, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. WE WILL NOT BE LIABLE FOR YOUR ACCESS TO, USE OF OR DOWNLOADING OF CONTENT AVAILABLE ON OR THROUGH, THE SERVICES.
11. Federal, State, Provincial Law: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
12. NO RENTAL/COMMERCIAL HOSTING: You may not rent, lease, lend or provide commercial hosting services with any 3dEYE products or services.
13. CONSENT TO USE OF DATA: You agree that 3dEYE and its affiliates may collect and use technical information gathered as part of the services provided to you, if any, related to the Services. 3dEYE may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
14. Fair Usage Policy: Fair usage policy applies to the Fixed Cloud Plans. The Fixed Cloud Plans were developed to guarantee additional discounts for the customers, as well as predictability and control in the billing process.  Fair usage is based on the average bandwidth consumption per month and allows for some overages. In case of excessive data consumption the specific camera plans will be automatically switched to Pay-As-You-Go plan model to reflect the total data consumed. A warning notification of the excessive bandwidth usage will be issued at the end of the month when the overage took place. EXTRA CHARGE COULD BE APPLIED.
15. PAYMENT COLLECTION AND AUTHORIZATION: End User/VAR authorizes the product and services provider (3dEYE) to collect payments for services rendered using the agreed-upon payment method on file. The Service Provider may automatically charge the provided payment method for recurring subscription fees or usage charges. End User/VAR shall ensure that the provided payment method has sufficient funds and remains valid throughout the duration of the service usage.
16. LATE PAYMENT AND NON-PAYMENT: In the event of late or non-payment, the Services’ provider reserves the right to suspend or terminate access to the platform services until payment is received. Late payments may incur additional charges, such as late fees or interest, as specified in the service agreement or contract. End Users/VARs shall be responsible for any costs incurred by the product and services provider, including legal fees or collection agency fees, in the event of non-payment.
17. LINKS TO THIRD PARTY SITES: 3dEYE is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. 3dEYE is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by 3dEYE of the third-party site or service.
18. ADDITIONAL SOFTWARE/SERVICES: This Agreement applies to updates, supplements, add-on components, or Internet-based services components, of the Software that 3dEYE may provide to you or make available to you, unless they are accompanied by separate terms. 3dEYE reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software.
19. EXPORT RESTRICTIONS: You acknowledge that the product and services are subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Services, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
20. TERMINATION: Without prejudice to any other rights, 3dEYE may terminate this Agreement if you fail to comply with the terms and conditions herein. In such event, you must destroy all copies of the product and services and all of its component parts.
21. APPLICABLE LAW: If you access 3dEYE product and services in the United States, this Agreement is governed by the laws of the New York. If you acquired this 3dEYE product and services in Canada, unless expressly prohibited by local law, this Agreement is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise here under, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If you acquired this product and services in the European Union, Iceland, Norway, or Switzerland, then local law applies. If you acquired this Services in any other country, then local law may apply.
22. ENTIRE AGREEMENT; SEVERABILITY: This Agreement forms the entire agreement between you and 3dEYE relating to the Services and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Services or any other subject matter covered by this Agreement. To the extent the terms of any 3dEYE policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
23. Exclusion of All Other Terms: To the maximum extent permitted by applicable law and subject to the guarantee above, 3dEYE disclaims all warranties, conditions and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to the Services.