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MERCUSYS Camera Care Subscription Service Agreement

MERCUSYS Camera Care Subscription Service Agreement

Camera Care Service Agreement

To protect the rights and interests of users (hereinafter referred to as “you”), please read the MERCUSYS Camera Care Service Agreement (hereinafter referred to as “this agreement”) carefully before using this service.

The Services as defined herein are provided by MERCUSYS TECHNOLOGIES CO., LTD., located at 3rd Floor, Building R1-B, NO.23,Gaoxin 4th Road,South Hi-Tech Park, Nanshan, Shenzhen, ("MERCUSYS"). Your use of the Camera Care service is governed by this Camera Care Service Agreement. Buying or using this service means you have reached an agreement with MERCUSYS and are willing to accept the terms of this agreement.

 

Service Content

The Camera Care service is a value-added product of MERCUSYS, offering a variety of member privileges to you. MERCUSYS provides multiple tiers of paid subscription plans for the Camera Care Service. For plan details and plan pricing, please visit https://www.mercusys.com/cameracare/

With the Camera Care service, any video footage captured by your MERCUSYS Cam is automatically sent to our servers for storage. When you make any changes to your subscription, MERCUSYS may (but is not obligated to) delete any or all of your MERCUSYS Cam recordings stored on our servers that become inaccessible to you as a result of your change in subscription plan.

The Camera Care service may be affected by your device firmware version or app version. To fully take advantage of all member privileges, it is recommended that you update your device firmware and app to the latest versions.

The member privileges included in the Camera Care service are subject to the information published by MERCUSYS on the service subscription page. MERCUSYS reserves the right to adjust all or part of the member privileges according to business needs. The adjustments will be announced on the service subscription page. You can also consult MERCUSYS customer service at any time for details of the current member privileges.

When you purchase any of the Camera Care Service subscription plans, you expressly acknowledge and agree that (1) MERCUSYS is authorized to charge you a subscription fee (in addition to any applicable taxes) on a monthly or annually recurring basis depending on the billing cycle you choose and the promotion code you apply, if any, for as long as your subscription is in effect, and (2) your subscription is in effect until you cancel it or it is terminated at our discretion because your credit card was declined or you otherwise fail to pay your subscription fee, and (3) your subscription period shall not be suspended, interrupted or extended under any circumstances.

The Camera Care service does not accept any returns, refunds, or exchanges, and changing the MERCUSYS ID that uses the Camera Care service is not allowed. Cancellation of paid subscriptions has no retroactive effect in the sense of refunding and only affects future charges.

Every MERCUSYS Cam comes with the free Camera Care Service package ("Free Package") that may provide you with various services. MERCUSYS reserves the right to modify any services provided under the Free Package or terminate the Free Package at any time at our sole discretion.

 

Service Opening and Validity

You agree to this agreement and pay the service subscription fee to receive the Camera Care service.

Camera Care Service Validity Period: Calculated from the service opening date, and the specific validity period can be viewed on the service subscription page. If the service is renewed in any way before expiration, the validity period will be extended accordingly. MERCUSYS reserves the right to suspend this service if it has not been renewed in any way before expiration.

 

Service Fees

The Camera Care service fee is subject to the prices published by MERCUSYS on the service subscription page. MERCUSYS may launch promotions from time to time, and the promotion information and prices will be announced on the member service page.

 

 Auto-Renewal

  1. If you subscribe to the Camera Care service, you are deemed to have authorized MERCUSYS to deduct the next billing cycle service fee from your Apple ID, Google, credit card, or PayPal account when your membership is about to expire. The billing cycle includes but not limited to monthly, annually, etc.
  2. After you subscribe to the Camera Care service, we will charge the renewal fees 24 hours before the deadline of your current membership and extend the corresponding content, service conditions, and service period.

If the deduction fails due to reasons not attributable to MERCUSYS (such as third-party system failures, account limits, insufficient account balances, etc.), MERCUSYS will terminate your Camera Care service. You are fully responsible for any possible adverse consequences.

Any use of paid member services to circumvent renewals by illegal means such as malicious cracking constitutes a violation of this agreement. All legal consequences arising therefrom are the responsibility of the perpetrator, and MERCUSYS will pursue the legal liability of the perpetrator.

  1. MERCUSYS may adjust the service fees from time to time based on business needs or market conditions, and publicize them on relevant pages. If the fee of the Camera Care service is adjusted before the auto-renewal date, MERCUSYS will publicize the revised content on the relevant page before the deduction and will deduct the deduction at the current effective price.
  2. You can turn off auto-renewal in the following ways.

For Apple Pay:

iOS 11-13: Go to Settings > [Your Name] > iTunes & App Store > Apple ID > View Apple ID > Subscriptions.

iOS 14 and above: Go to Settings > [Your Name] > Subscriptions.

The path may vary with the system version. Please refer to the description on Apple's official website.

For Google Pay: Go to Google Play > Profile Icon > Payments & subscriptions > Subscriptions.

The path may vary with the system version. Refer to the description on Google Play's official website.

For PayPal or Credit Card: Visit https://cameracare.mercusyscloud.com, log in with your MERCUSYS ID, and cancel the subscription.

Note: If you use Credit Card as a payment method, you may be charged a foreign exchange fee by your credit card company when the charge currency differs from your credit card currency. MERCUSYS is not responsible for these additional charges.

If you cannot turn off auto-renewal due to reasons such as path adjustments caused by operating system upgrades, you can consult the equipment manufacturer or system service provider. You can also contact MERCUSYS customer service, and MERCUSYS will try to provide you a solution.

Turning off auto-renewal is deemed as your revocation of the authorization granted to MERCUSYS to deduct the fees from your payment account. However, this revocation does not affect the prior deductions made by MERCUSYS.

If you want to terminate the Camera Care service, you need to turn off auto-renewal yourself. If you do not turn it off, you are deemed to allow MERCUSYS to deduct service fees from your payment account in accordance with this agreement. Once the deduction is successful, MERCUSYS will renew the Camera Care service for you.

MERCUSYS reserves the right to terminate your Camera Care service immediately and shall not be liable to you or any third party for any of the following circumstances:

(1) Your behavior is confirmed to be illegal or infringing your national administrative or judicial authority, or suspected according to MERCUSYS's own judgment of violating the terms of this agreement or the terms of use announced by MERCUSYS, or suspected of violating laws and regulations.

(2) Your behavior interferes with the normal operation of any part or function of the Camera Care service.

(3) MERCUSYS believes that there is a significant risk in providing you with this service.

MERCUSYS may choose to suspend, discontinue, or terminate this service based on its own business decisions and other reasons. If such a situation occurs, MERCUSYS will notify you in the form of an announcement.

 

Restrictions on Use

Your use of this service is subject to the following additional restrictions. You may not use or interact with the service in a manner that:

  1. Violate this agreement.
  2. Violate laws, regulations, rules, ordinances and any normative provisions with legal effect.
  3. Destroy or affect MERCUSYS's provision of this service to any third party.
  4. Violate the security of any computer network.
  5. Adversely affect the services and activities of this agreement provided by MERCUSYS and related third parties, and infringe the legitimate interests of MERCUSYS and/or associated third parties.
  6. Use this service to obtain illegal benefits, including but not limited to improper profits through resale, transfer, and sub-authorization.
  7. Undertake other actions that violate MERCUSYS's legitimate interests.

You acknowledge and agree that MERCUSYS has the right to take one or more of the following measures if a breach is discovered:

  1. Take actions including but not limited to suspending or terminating all or part of member privileges of this service.
  2. MERCUSYS does not need to refund you any fees. The fees corresponding to the unfulfilled services will be owned by MERCUSYS as a penalty. You are solely responsible for any losses in your account, and you should also compensate MERCUSYS for its losses arising out of the breach, including but not limited to attorney fees and litigation fees.

 

Service Agreement Acceptance and Revision

The contents of this agreement include the body of the agreement, Privacy Policy, Terms of Use, and various rules that MERCUSYS has published or may release/update in the future. All rules are an integral part of this agreement and have the same legal effect as the body of the agreement. If there is any conflict between the body of the agreement and the foregoing rules, the body of the agreement shall prevail. Unless expressly stated otherwise, your use of the Camera Care service is governed by this agreement.

If this agreement and related service terms need to be revised due to business needs, MERCUSYS will choose to notify you of modifications to the above terms by methods including but not limited to system prompts, announcements, and intranet letters. If you do not accept the revised terms, you have the option to terminate your use of the Camera Care service by stopping use of the service and notifying us in writing. Your continued use of the service will be deemed to have accepted the modified agreement.

 

Service Changes or Suspension

MERCUSYS is constantly changing and improving its services. MERCUSYS may choose to suspend, interrupt, and terminate all or part of the member privileges of the Camera Care service based on its own business decisions, government actions, force majeure, and other reasons. If such situations occur, MERCUSYS will notify you in the form of an announcement but will not be responsible for any losses caused to you. Except in the cases explicitly stipulated by laws and regulations, MERCUSYS has the right to directly return to you the fees corresponding to the unfulfilled services without your application.

 

Force Majeure Clause

MERCUSYS is not responsible for losses caused by force majeure. Force majeure referred to in this agreement include:

  1. Natural disasters;
  2. Changes in laws and regulations, or government directives;
  3. Reasons specific to the characteristics of network services, such as failures of basic telecommunications operators, computer or Internet-related technical defects, Internet coverage limitations, computer viruses, and hacking;
  4. Other unforeseeable, unavoidable, or insurmountable situations within the legal scope.

 

Limitations of Camera Care Service

You acknowledge and agree that Camera Care services, whether standalone or interfaced with third-party products or services, is not certified for emergency response and is not a third-party monitored emergency notification system (e.g., Camera Care will not dispatch emergency authorities to your home in the event of an emergency). Additionally, you acknowledge and agree that Camera Care services and our employees are not a lifesaving solution for you or any other person at risk in your home, and that the Camera Care services are not a substitute for emergency services. All emergencies should be directed to the appropriate response services.

 

We make no warranty or representation that the use of Camera Care services, whether standalone or interfaced with third-party products or services, will affect or increase your level of safety or that of anyone else. You acknowledge and agree that you will not rely on the Camera Care services for any life-saving or other critical purposes. Mobile notifications regarding the status and alarms related to the Camera Care services are provided for information purposes only and such notifications are not a substitute for a third-party monitored emergency notification system. You acknowledge that it is your responsibility to educate yourself on how to respond to emergencies.

 

CHOICE OF LAW AND COURT

This Agreement and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of People’s Republic of China, without regard to the conflicts of laws principles.

Any dispute arising from, or in connection with the Agreement shall be first settled through friendly negotiation by both Parties. In case no settlement to disputes can be reached through amicable negotiation by both Parties, the disputes shall then be submitted to Shenzhen Court of International Arbitration for arbitration in accordance with its Arbitration Rules in force at the time of application for arbitration. The arbitration shall proceed in Shenzhen, P.R. China. The arbitral award is final and binding upon both Parties. The arbitration fees shall be borne by the losing Party except otherwise awarded by the arbitration commission.

 

Other

This agreement, together with other MERCUSYS agreements, and various user-related notices and announcements issued by MERCUSYS from time to time, constitute a comprehensive agreement concerning your rights and obligations. If this agreement conflicts with the MERCUSYS Privacy Policy, this agreement shall prevail. In the event of any conflict with various user-related notices and announcements issued by MERCUSYS from time to time, notices and announcements shall prevail.

If you have any questions about the content of this clause, please send an email to the MERCUSYS customer service mailbox: support@mercusys.com.