This aosuProtect+ Service Agreement (this "Agreement") is entered into by and between Aosu Life Pte. Ltd. and its affiliates (hereinafter referred to as "Company," "we," "us," or "our") and any user (hereinafter referred to as "User" or "you") who uses the Company Cloud Storage Service provided by Company (hereinafter referred to as the "Cloud Storage Service" or the "Service").
This Agreement is a supplement to the Aosu Terms of Service and its related agreements. Company may revise the terms of this Agreement at any time by posting an updated version on the App or our website. We will provide you with further notice, such as through the App or via email, for material changes. All revised terms shall take effect immediately after publication. If you do not agree to the terms of this Agreement or any revision of the terms hereof, you shall cease to purchase or use the Cloud Storage Service set forth herein in time. If you continue to access, purchase, or use the Cloud Storage Service after any revised terms of this Agreement are published, you shall be deemed to have agreed to and accepted the entire content of the revised agreement.
If you have any questions about the Cloud Storage Service, you may contact Company through the customer support channels provided in the App or at support@aosulife.com.
1.1 The Cloud Storage Service provides the service and technology for video data storage and enables the uploading, storage, synchronization, management, and sharing of video and/or audio recordings (data) for cameras, doorbells, or other devices with camera recording functions (hereinafter referred to as the "Device"). Once you purchase and activate the Cloud Storage Service, the Device automatically starts the corresponding uploading, storage, synchronization, management, and sharing of video and/or audio recordings (data) based on the service type. You acknowledge and agree that the data storage period provided by the Cloud Storage Service will be limited to the period of the service plan time you selected, such as the monthly plan and annual plan, and that the data will be permanently deleted after the expiration of the selected storage period, such as 7 days, 14 days, and 30 days.
1.2 Only you and the person you authorized may log in to your account through the App at any time and view, download, and/or delete the video and audio data related to the Cloud Storage Service in your account. Company will not make any modifications or editing to the audio and video data uploaded by you. You retain all rights to your user content.
1.3 Subscription Plans and Pricing: Users may choose from different cloud storage plans (e.g. 30-day, 1-year) depending on their needs. Each plan's pricing, storage duration, and feature limitations are clearly disclosed on our official website prior to purchase. We will notify users of any material changes to plans or pricing at least 30 days in advance via the App or email. Your continued use of the Service after the effective date of the price change constitutes your agreement to the new price.
2.1 According to the storage mechanism, the Service is divided into event cloud storage and rolling cloud storage.
2.2 According to the storage duration, the service is divided into 7-day cloud storage, 14-day cloud storage, and 30-day cloud storage.
2.3 According to the service term, the Service is divided into monthly service and annual service.
2.4 According to the application of smart algorithms, the Service is divided into common cloud storage and smart cloud storage.
3.1 You shall, according to the operation instructions on the App and provisions hereof, confirm the corresponding service price, service content, and service type, and purchase and pay for the Cloud Storage Service. You acknowledge and agree that the fee for the Cloud Storage Service only covers the Cloud Storage Service itself, and other fees related to the Cloud Storage Service, including but not limited to expenses on the Device (such as personal computer, mobile phone, and other devices related to accessing the Internet or mobile network), expenses on smart devices binding with the Cloud Storage Service, and any other expenses (such as telephone fees and Internet access fees paid for accessing the Internet, mobile phone fees paid for using the mobile network, and commission fees of third-party payment platforms), shall be borne by you.
3.2 Changes to the Cloud Storage Service: Company may adjust the service content, service type, and service price from time to time according to business needs or market conditions. The details are subject to the information displayed on the App page when you purchase the service. We will notify you of any material adverse changes to the Service.
3.3 The payment methods of the Cloud Storage Service include general subscription and auto-renewable subscription.
3.4 Cancellation of auto-renewable subscription: You can cancel the auto-renewable subscription through Company's App or via your device's subscription management settings (e.g., Apple App Store, Google Play Store) provided that you understand and agree that: before you cancel the auto-renewable subscription function, the Cloud Storage Service you have successfully paid for does not support cancellation, refund, or replacement.
3.5 Service Outages: If the Service is unavailable for a continuous period exceeding 24 hours due to a fault on our end, you may contact us to request a pro-rata extension of your subscription term. This is your sole remedy for service interruption.
3.6 Refund Policy: Our cloud storage service is a digital content-based product and is considered consumed once the subscription begins. As such, we generally do not offer refunds. If you experience technical issues or service disruptions, you may contact us within 7 days of the subscription start date. We will review your case and may offer a refund or service extension where appropriate. Refund eligibility is determined at our sole discretion.
Company will immediately activate the Cloud Storage Service after the User successfully purchases the Cloud Storage Service and completes the device binding. The activation time of the multi-channel Cloud Storage Service is calculated based on the time of the binding of the first device. You understand and agree that once the Cloud Storage Service is activated, the duration of the Service cannot be suspended. If the User has purchased the Cloud Storage Service but does not complete the device binding, the Service remains inactivated, and its service term does not commence. Within the service term of the purchased Cloud Storage Service, you can replace the device bound to the Service according to the instructions on the App. This function is not supported by some previous versions and is subject to the information displayed on the App.
5.1 You shall properly keep important information such as your account and password. If you fail to properly manage your account and password, all operations that occur under your account shall be deemed as operations carried out by you, and you shall solely bear any consequences and responsibilities for the sharing or deletion of the stored content arising therefrom, and Company shall not bear any responsibility therefor.
5.2 You shall warrant the authenticity, legality, correctness, and integrity of all information you provide when purchasing the Cloud Storage Service. You shall bear all consequences arising from any defects in the authenticity, legality, correctness, or integrity of the information you provide, which shall be irrelevant to Company.
5.3 You shall not interfere with or attempt to interfere with Company's website or cloud services provided by Company in any way, nor circumvent or attempt to circumvent any content protection mechanism or data measurement tool of the Cloud Storage Service of Company, nor redirect the browser window to other webpages.
5.4 You represent and warrant that you will not use the Service to upload, store, or share any content that: a. infringes any third party's intellectual property, privacy, or other rights; b. is illegal, threatening, abusive, harassing, defamatory, discriminatory, offensive, or obscene; c. contains malicious code or is designed to disrupt, damage, or limit the functionality of any software or hardware; or d. violates any applicable law, regulation, or this Agreement. You are solely responsible for ensuring your use of the Service complies with all applicable laws, including video surveillance and privacy laws in your jurisdiction. It is your responsibility to inform individuals that they are being recorded if required by law.
6.1 You understand and acknowledge that all content uploaded and stored by using the Service will be uploaded and stored by Company in the form of the original records generated by the Device. Company can control neither the content transmitted by using the Service nor your use of such content. Therefore, Company shall not be liable for the legality, correctness, integrity, and authenticity of the content generated by the Device and uploaded for storage or the quality of the audio and video data generated by the Device. However, we implement industry-standard security measures to protect the data from unauthorized access. Please refer to our Privacy Notice for details.
6.2 You understand that Company and our Cloud Storage Service partners may overhaul or maintain the equipment and network that provide the Cloud Storage Service on a regular or irregular basis, and Company shall not be liable for any interruption of the Service arising therefrom, provided that Company shall make an announcement in advance as far as possible.
6.3 Company may change the Service or delete certain functions thereof at any time for any reason whatsoever. Company may also cancel or terminate the Cloud Storage Service at any time, provided that Company shall make an announcement in advance as far as possible. If we permanently discontinue the Service, we will provide you with a pro-rata refund for any pre-paid fees.
6.4 You shall be responsible for any dispute or loss arising out of authorized access to or use of the content in your cloud storage space by any third party, and Company shall not be responsible therefor.
6.5 In no event shall Company be liable for any indirect, punitive, special, or consequential damages; and in no event shall the total liability (if any) of Company for breach of this Agreement, including but not limited to liquidated damages and damages, exceed the total amount of fees you have paid to Company for the Service in the six (6) months preceding the event giving rise to the claim.
7.1 The intellectual property rights in the Cloud Storage Service provided by Company shall be owned by Company. After purchasing the Cloud Storage Service, you have the right to use the Cloud Storage Service pursuant to this Agreement, but this shall not be construed as Company granting you any intellectual property rights in the Cloud Storage Service.
7.2 You shall not use any service mark, logo, URL, or other signs of Company in any way without the prior written consent of Company.
8.1 If Company finds through a notice or report from a third party or other channels that your use of the Cloud Storage Service violates this Agreement or applicable laws and regulations, Company has the right to make an independent judgment and to immediately terminate all or part of the Service to you and freeze your account without prior notice to you. You shall be fully liable for any claim filed by any third party or any punishment imposed by the competent authority as a result of your use of the Cloud Storage Service in violation of this Agreement or law, and you shall indemnify Company for any loss arising therefrom.
8.2 Company reserves the right to supervise your use of the Cloud Storage Service. If Company finds through a notice or report from a third party or other channels that your use of the Cloud Storage Service violates this Agreement or applicable laws and regulations, Company has the right to require you to take all measures that Company deems necessary, including but not limited to requiring you to modify or delete the content you uploaded, and suspending or terminating your use of the network services, to eliminate any adverse impacts arising out of your violation.
Company fully respects the protection of Users' personal information. For more details, please refer to our Privacy Notice, which is incorporated into this Agreement by reference herein.
10.1 Force majeure means any events that cannot be controlled, foreseen, or overcome, including but not limited to natural disasters, such as earthquakes, floods, and fires; war or quasi-war state, terrorist activities, military control, riots, and widespread outbreaks of infectious diseases; and government actions and new legal orders.
10.2 If Company cannot provide the Service due to force majeure, Company shall not be liable for breach of contract.
10.3 Considering the particularity of the Internet, the force majeure events under this Agreement also include but are not limited to the following circumstances that affect the normal operation of the Internet: a. Hacker attacks; b. Significant impact resulting from technical adjustments in the telecommunications sector; c. Temporary closure resulting from government control; d. Virus attacks; e. Network, bandwidth, or domain name resolution failures; f. Service delays and service barriers of network equipment or technology providers; and g. Any other similar events or events that are likely to have similar consequences.
11.1 This Agreement constitutes the entire agreement between you and Company regarding the Service.
11.2 This Agreement and any amendments hereto shall become effective upon being published on the App or Company's website. If a User does not agree with any modification, they must immediately discontinue and refrain from all access to and use of the Services. Continued access or use of the Services after the notification of a modification shall be deemed acceptance of such modifications.
11.3 GOVERNING LAW AND DISPUTE RESOLUTION: THIS AGREEMENT AND ANY DISPUTE ARISING OUT OF OR RELATED TO IT SHALL BE GOVERNED BY THE LAWS OF SINGAPORE, WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY. ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING ANY QUESTION REGARDING ITS EXISTENCE, VALIDITY OR TERMINATION, SHALL BE REFERRED TO AND FINALLY RESOLVED BY ARBITRATION ADMINISTERED BY THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE (“SIAC”) IN ACCORDANCE WITH THE ARBITRATION RULES OF THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE (“SIAC RULES”) FOR THE TIME BEING IN FORCE, WHICH RULES ARE DEEMED TO BE INCORPORATED BY REFERENCE IN THIS CLAUSE. THE LAW OF THIS ARBITRATION CLAUSE SHALL BE THE LAWS OF SINGAPORE. THE SEAT OF ARBITRATION SHALL BE IN SINGAPORE. THE TRIBUNAL SHALL CONSIST OF ONE ARBITRATOR.
11.4 CLASS ACTION WAIVER: IF YOU ARE A RESIDENT OF THE UNITED STATES, YOU AND WE AGREE TO BINDING INDIVIDUAL ARBITRATION AND NOT TO SUE IN COURT IN FRONT OF A JUDGE OR JURY. CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, REQUESTS FOR PUBLIC INJUNCTIONS, AND ANY OTHER PROCEEDING OR REQUEST FOR RELIEF WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY AREN’T ALLOWED. NOR IS COMBINING INDIVIDUAL PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES.
11.5 This Agreement constitutes the entire agreement between the parties with respect to the matters agreed herein and other relevant matters. Nothing in this Agreement grants either party any rights other than those set forth herein.
11.6 If any provision of this Agreement becomes invalid or unenforceable in whole or in part for any reason whatsoever, the other provisions hereof shall remain in full force and effect.