Vimtag technology Co.,LTD (collectively “Vimtag” ) provide the following services for use in conjunction with various Vimtag products (“Products”):
(1) a Vimtag user website and user accounts that may be accessed at www.vimtag.co.in;
(2) online services accessible through the Website (“Web Apps”);
(3) software applications that can be downloaded to a mobile device (“Mobile Apps”); and
(4) any services available on the Website, Web Apps and Mobile Apps, including Vimtag’s cloud storage services and other paid features (“Available Services”). The term “Vimtag Services” means the Website, Web Apps, Mobile Apps, and Available Services.
The Vimtag App including all Updates, related documentation, and information and content provided by VIMTAG through the application (collectively, the “App”). The App is a mobile application designed to connect a mobile device to a Vimtag Camera (“Camera”) in order to control the Camera and to remotely capture and access both live and recorded videos (“Content”).
You acknowledge and agree that the Vimtag Services and Products are not certified for emergency response. Vimtag makes no warranty or representation that use of the Vimtag Services or Products with any third-party product or service will affect or increase any level of safety or security. The Vimtag Services and Products are not a third-party monitored emergency notification system -- Vimtag will not dispatch emergency authorities to your home in the event of an emergency. All life threatening and emergency events should be directed to appropriate response services.
Vimtag reserves the right to make changes to these Terms over time. We will notify you through the Vimtag Services or via email if we make material modifications. Continued use of any Vimtag Service following this notice will indicate your acknowledgment and agreement to be bound by the revised Terms. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
These Terms govern your use of Vimtag Service. Your purchase of any Product is governed by the limited warranty provided with that Product.
You are prohibited from registering a Product for use with the Vimtag Service or from using the Vimtag Service unless you are 18 years of age or older, or above the age of equivalent minimum age in the relevant jurisdiction. You may not use the Vimtag Service where prohibited by applicable law. If you are not 18 years of age or older, or under equivalent minimum age in the relevant jurisdiction, you must have your parent or legal guardian register a Product or create an Account to use the Vimtag Service. Please contact us at the contact information below in the Contact Us if you believe your child has provided us with personal information in connection with the Vimtag Services.
To use your Product via Vimtag Services, you are required to create an Account. You represent and warrant that: (i) all required registration information you submit is truthful, accurate and complete; (ii) you will maintain the accuracy, security, and confidentiality of such information; and (iii) your use of the Vimtag Service does not violate any applicable law or regulation. You have no right to transfer your Account to any other individuals in any manner. Vimtag is not liable for any loss or damages arising from your failure to maintain the confidentiality of your Account. You agree to notify Vimtag immediately of any unauthorized access to or use of your Account or any breach of security.
Use of certain Products or discrete functionality may require Internet access and registration to the Vimtag Services. You must have the necessary hardware, software, and Internet access needed to register and use the Product with the Vimtag Services. The Vimtag Services will not be accessible without: (i) a working Wi-Fi network that is positioned to communicate reliably with our Products; (ii) a computer or a mobile device with Android OS or Apple iOS to pair the Products with its nearby Wi-Fi network; (iii) an Account; (iv) always-on broadband Internet access; and (v) other system elements that may be specified by Vimtag in connection with specific Products. In addition, you acknowledge that Vimtag may activate Bluetooth or Wi-Fi services on your device, with or without prior notification, in order to facilitate proper registration of the Product, and connectivity and registration to the Vimtag Service.
Vimtag may change, upgrade, discontinue, or temporarily suspend any feature or component of the Vimtag Service at any time without notice. Vimtag cannot guarantee and makes no warranties that any software updates can be implemented on any Product or that changes to the Vimtag Service will operate as intended. You acknowledge that you may be required to install software updates to use the Vimtag Services with your Product, and you agree to promptly install such updates we provide. You are solely liable for any losses arising from a failure to timely implement such updates.
These Terms will remain in full force and effect as long as you continue to access or use the Vimtag Services, or until terminated in accordance with the provisions of these Terms. At any time, and without prior notice, Vimtag may suspend or terminate your rights to use the Vimtag Services if Vimtag believes in good faith that you have used an Vimtag Service in violation of these Terms. If you transfer an Vimtag Product to a new owner, your right to use the Vimtag Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or the Vimtag Services under your Account and will need to register for a separate Account with Vimtag. Upon termination of your Account, your right to use the Vimtag Services will automatically terminate and we may delete Your Content and other information related to your Account at the end of your subscription period. You may terminate your Account at any time by contacting us at the contact information below in the Contact Us.
Subject to your compliance with these Terms, Vimtag grants you a revocable, limited, non-exclusive, non-transferable, non-sub-licensable license to install and use (a) Mobile Apps, and (b) any embedded firmware in the Product and updates (“Other Software”), in each case solely in connection with your personal, non-commercial use of the Product and the Vimtag Service. You may only use the Mobile Apps on devices that you own, lease, or otherwise control. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Vimtag or its licensors.
Unless as expressly permitted in these Terms, you agree not to, and you will not permit others to, (i) license, sublicense, assign, convey or transfer, the rights and licenses granted hereunder; (ii) publish, display, disclose, sell, rent, lease, store, loan, distribute, transmit, publicly display or perform, co-brand, frame, host, outsource, or otherwise commercially exploit the Vimtag Services, including the Mobile Apps and Other Software (collectively, the “Software”), (iii) copy or reproduce the Vimtag Services or Software or any part thereof, in any form; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or Vimtag Services; (v) use the Software and Vimtag Services in any fashion that may infringe any patent, copyright, trademark, trade secret, or any other intellectual property or proprietary right of Vimtag, its third-party providers, or any other third-party; (vi) modify, translate, adapt, disassemble, reverse engineer decompile, reverse compile, or create compilations or derivative works of, the Software, Vimtag Service, or any part thereof (except to the extent applicable laws specifically prohibit such restriction), or (vii) use the Software or Vimtag Services for any service bureau, time-sharing, resale, or similar purposes. Vimtag reserves all rights and licenses in and to the Software not expressly granted to you under these Terms.
You may access and use the Vimtag Services solely for the purposes of (a) operating, managing, monitoring, and maintaining the Products, (b) viewing, sharing, and storing video, audio, and other content captured and transmitted by the Products to the Vimtag Services, and (c) to subscribe to Vimtag Services, manage your Account and preferences, and maintain your registration data. When using the Vimtag Service, you shall not: · disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to, the Vimtag Services or any computer network owned by Vimtag or any other user of the Vimtag Services; · circumvent any technological measure implemented by Vimtag or any of Vimtag’s providers or any other third party (including another user of the Vimtag Services) to protect the Vimtag Services; ·upload, transmit, distribute, or run any computer virus, worm, Trojan horse, or any computer code that could damage or alter the Vimtag Services or a computer, portable device, computer network, communication network, data, or any other system, device or property owned by Vimtag or any other user of the Vimtag Services; ·run Maillist, Listserv, or any form of auto-responder or “spam” on the Vimtag Services; ·attempt, in any manner, to obtain the password, account, credentials, or other security information from any other user; ·jeopardize the security of your Account or anyone else's account (for example, by allowing another individual to login into the Vimtag Services as you); ·impersonate any other user, person, or entity ; ·provide referral information for someone else without first obtaining consent from the person being referred and notifying them that they may receive communication from Vimtag; or ·violate any applicable federal, state, local, or international law or regulation (including, without limitation, any law regarding the export of data or software to and from the U.S. or other countries). These Terms shall apply to any future update, release, or other change to the Services.
You may elect to display, share, email, or otherwise make available (collectively, “Submit”) text, graphics, photographs, video, images, audio, and other works of authorship via the Product or directly into the Vimtag Services, including for storage and sharing with third parties online (“Your Content”). When you post Your Content in publicly accessible sections of the Vimtag Services or third party social networking sites via the Vimtag Services, such content will be accessible and viewed by others. You are solely responsible for Your Content submitted through the Vimtag Service, and Vimtag will not be liable for any errors or omissions in Your Content. Vimtag may also make available on the Vimtag Services text, graphics, photographs, video, images, illustrations, audio, music, commentary, and other works of authorship it owns or from other users of the Vimtag Services (“Vimtag Content”). Vimtag Content, along with the Vimtag Services and its underlying technology, are protected by copyright, trademark, patent, intellectual property, and other laws of relevant jurisdiction and other countries. You may access and view Vimtag Content solely for personal use and consumption, and are prohibited from copying, selling, renting, distributing (including through digital distribution), publicly performing (including through digital performance), marketing, making derivative works, or otherwise exploiting such Vimtag Content without Vimtag’s prior written consent. Vimtag makes no endorsement, representation or warranty of any kind about Your Content or Vimtag Content, or any information, services or recommendations accessed through the Vimtag Services. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Vimtag Service. You agree that all Your Content and Vimtag Content accessed by you using the Vimtag Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You hereby release us from all liability for you having acquired or not acquired Your Content or Vimtag Content through the Vimtag Service. By making Your Content available on or through the Vimtag Services you grant to Vimtag a non-exclusive, transferable, sub-licensable, worldwide, royalty-free, perpetual, irrevocable right and license to use, copy, modify, publicly display, publicly perform, and distribute Your Content in connection with operating and providing the Vimtag Services to you. We also have the right to reformat, create derivative works of, excerpt, translate, modify, or otherwise change any of Your Content for storage and viewing via the Vimtag Services. When you post or share Your Content for public viewing, you grant Vimtag the right and license to copy, distribute, license, market, perform, display, distribute, exploit, and create derivative works of Your Content without any restriction or compensation to you, in any medium or via any channel now known or later discovered. Such licenses and rights shall be sub-licensable by Vimtag. You represent and warrant that you own Your Content or that you have all rights necessary to Submit Your Content in the manner in which you choose and to grant us a license to use Your Content as described in these Terms. You warrant, represent, and agree that Your Content and the use and provision of Your Content on the Vimtag Services as provided in these Terms will not: (i) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy, or other rights; (ii) violate, or encourage any conduct that would violate, any applicable law, statute, regulation, or ordinance, or would give rise to civil liability; (iii) be fraudulent, false, misleading, deceptive, defamatory, tortuous, obscene, harmful, pornographic, vulgar, offensive, or otherwise objectionable; (iv) promote discrimination, racism, hatred, harassment or harm against any individual or group; (v) be violent, threatening, abusive, or promote violence or actions that are threatening or abusive to any person or entity; or (vi) promote illegal or harmful activities or substances. All comments, suggestions, feedback, or ideas Submitted by you about the Vimtag Services are Vimtag’s property and we may access, copy, modify, redistribute, publish, or otherwise use them for any purpose and in any way without due compensation to you. Vimtag does not waive any right to use similar ideas previously known to us or developed by us.
The Vimtag Services may contain several individual services, including but not limited to CloudPlay Services and Online Shopping Services. If you choose to use such individual services, you agree to further comply with the corresponding terms for such services.
The Vimtag Services are intended to be accessed and used for non-time-critical information and control of Products. While we strive for the Vimtag Services to be highly reliable and available, it is not intended to be reliable or available 100% of the time. The Vimtag Services are subject to sporadic interruptions and failures for a variety of reasons beyond our reasonable control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Vimtag is not responsible for any damages allegedly caused by the failure or delay of the Vimtag Services to reflect current status of the Product, notifications, or timing of Your Content. The Vimtag Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, updates, adjustments, or other circumstances. You acknowledge and agree that you will not be entitled to any refund or rebate for any such suspension. Vimtag does not offer any specific uptime guarantee for the Vimtag Services. Vimtag is not liable for any losses arising from a suspension of the Vimtag Services. All information concerning the Vimtag Service and use of the Product with the Vimtag Service is provided “as is” and “as available”. Vimtag does not guarantee that this information is correct or up to date. Accessing the information through the Vimtag Service is not a substitute for direct access to the information in or on the Product itself. Although Vimtag cares about the security, integrity, and availability of Your Content and personal information, we cannot guarantee the security of your personal information. You acknowledge that you provide Your Content and your personal information at your own risk.
VIMTAG is not responsible for third parties or their products and services, including, without limitation, any third party products and services that enable the VIMTAG Services, equipment, ISPs, carriers, the App Stores, Third Party Sites, and Referred Vendors. VIMTAG HEREBY DISCLAIMS AND YOU HEREBY DISCHARGE, WAIVE AND RELEASE VIMTAG AND ITS LICENSORS AND SUPPLIERS FROM ANY PAST, PRESENT, AND FUTURE CLAIMS, LIABILITIES, AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO YOUR INTERACTIONS WITH SUCH THIRD PARTIES AND THEIR PRODUCTS AND SERVICES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VIMTAG SERVICE (I.E. THE WEBSITE, THE MOBILE APPS, SUBSCRIPTION SERVICES, AND SOFTWARE) ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE” WITH ALL FAULTS AND ERRORS, AND VIMTAG AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AVAILABILITY, DATA SECURITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. VIMTAG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SOFTWARE OR SERVICE ADVERTISED OR PROVIDED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE VIMTAG SERVICE (INCLUDING, BUT NOT LIMITED TO, CLOUD SERVICES) OR ANY HYPERLINKED WEBSITE OR SERVICE. VIMTAG MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND VIMTAG WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE VIMTAG SERVICES. VIMTAG MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE VIMTAG SERVICE. YOU ACKNOWLEDGE THAT THE USE OF THE VIMTAG SERVICE SHALL BE CONNECTED WITH THE INTERNET, AND USE SHALL BE WHOLLY AT YOUR OWN RISK. VIMTAG DOES NOT REPRESENT OR GUARANTEE THAT THE VIMTAG SERVICE WILL BE FREE FROM LOSS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND VIMTAG DISCLAIMS ANY LIABILITY RELATING THERETO. SURVEILLANCE, DATA PROTECTION, AND PRIVACY LAWS VARY BY JURISDICTION AND MAY IMPOSE CERTAIN RESPONSIBILITIES ON YOUR USE OF THE VIMTAG SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOU (AND NOT VIMTAG) WILL BE RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH APPLICABLE LAWS WHERE YOU LIVE AND THAT VIMTAG SHALL NOT BE LIABLE IN THE EVENT THAT THE VIMTAG SERVICE IS USED FOR ILLEGAL PURPOSES, INCLUDING, WITHOUT LIMITATION: NON-CIVIL USE; RECORDING OR SHARING VIDEO OR AUDIO CONTENT THAT IS NOT IN CONFORMANCE WITH APPLICABLE LAW; FAILURE TO COMPLY WITH NOTICE AND CONSENT LAWS; INFRINGEMENT OF THIRD PARTY RIGHTS; USE IN CONNECTION WITH MEDICAL TREATMENT, OR OTHER SITUATIONS WHERE THE VIMTAG SERVICE FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VIMTAG, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA OR CONTENT, DOCUMENTATION, OR PROFITS, SERVICE INTERRUPTION, COMPUTER DAMAGE, COST OF SUBSTITUTE SERVICES, INABILITY TO USE THE VIMTAG SERVICE, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY THE VIMTAG SERVICE OR BY FAILURES OF THE VIMTAG SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VIMTAG KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VIMTAG’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE VIMTAG SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE FEES ACTUALLY PAID BY YOU TO VIMTAG OR VIMTAG’S AUTHORIZED RESELLER FOR THE VIMTAG SERVICE IN THE PRIOR 6 MONTHS (IF ANY) IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. VIMTAG DISCLAIMS ALL LIABILITY OF ANY KIND OF VIMTAG’S LICENSORS AND SUPPLIERS. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VIMTAG AND YOU.
You agree to defend, indemnify, and hold VIMTAG, its directors, officers, employees, shareholders, affiliates, contractors, agents, licensors, and suppliers harmless from any damages, liabilities, claims, demands, losses, or expenses, including attorneys’ fees, made by any third party due to or arising out of or in connection with (i) your use of the VIMTAG Services and Products which constitutes a culpable (negligent or willful) violation of these Terms and any other information issued by VIMTAG; (ii) your culpable violation of these Terms; (iii) Your Content (to the extent it causes a culpable infringement), and (iv) your culpable violation of any law or the rights of any third party. VIMTAG will use reasonable efforts to notify you of any such claim, action or proceeding without undue delay upon becoming aware of it.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of People’s Republic of China, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree all disputes arising out of or relating, in any way, to these Terms or your use of the Website, on an individual and purely bilateral, non-class/non-representative bases, shall be resolved by means of arbitration and shall be submitted exclusively to the China International Economic and Trade Arbitration Commission (“CIETAC”) in Beijing in accordance with CIETAC rules. The preceding provision regarding dispute resolution does not apply in some jurisdiction where such dispute resolution may be prohibited. For example, if you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Regardless of any statute or law to the contrary, any dispute arising out of or related to your use of the VIMTAG Services must be filed within one (1) year after the occurrence of the event or facts giving rise to a dispute, or you waive the right to pursue any dispute based upon such event or facts forever. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR VIMTAG WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
These Terms constitute the entire and exclusive understanding between you and VIMTAG with respect to the use of the VIMTAG Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between VIMTAG and you regarding the VIMTAG Services. VIMTAG’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms. If a court or tribunal should find that one or more rights or provisions set forth in these Terms are invalid, you agree that the remainder of the Terms will remain in full force and effect and that the invalid provision will be enforceable to the fullest extent permitted by law.
You may not assign or transfer these Terms and any associated rights or obligations, by operation of law, without VIMTAG’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. VIMTAG may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Should you have any questions, please contact us immediately through the below contact information: firstname.lastname@example.org