Last updated: June 8, 2018
These Terms and Conditions ("Terms", "Terms and Conditions") govern your legal rights to use or access our websites, software, mobile applications, subscription services (the "Services") and smanos hardware products (“Products”) owned and operated by Smanos Europe and its subsidiaries and affiliates (collectively “smanos”, "us", "we", or "our").
Please read these Terms and Conditions carefully before using any of smanos Products or Services.
By accessing or using smanos Products or Services, you agree to be bound by these Terms. These Terms apply to all users and others who access or use the Products or Services.
If you disagree with any part of the terms, please DO NOT use our Products or Services.
All rights and contents (including logos, graphics, designs etc.) provided though the Products and Services are owned by smanos, its licensors, or designated 3rd parties. The Products should be installed on your own residential property and not for commercial use.
You should take your responsibility to ensure that you comply with any applicable laws whenever you use our Products and Services, including but not limited to:
Any laws relating to the recording or sharing of video/audio content.
Any laws requiring notice to others when using the Products or Services.
Furthermore, the installation of any Product which takes video and/or audio recordings cannot take any recordings beyond the boundary of your property. If the Product is installed in a workplace, please note that smanos Products or Services are not designed for commercial use, and that you should comply with laws governing the monitoring of employees. A warning display informing others that recording is taking place is required.
If you breach any of the following, smanos reserves the right to terminate your use of the Products and Services:
Violate any laws or regulations;
Infringe upon intellectual property rights of their holders;
Conduct anything which is harmful, fraudulent, obscene, repulsive, threatening;
Jeopardize the security of any computer network, or crack any passwords and encryption codes;
Run any form of programming interfering with the proper work of the Services.
It is your responsibility to install and use the Products and Services pursuant to the user manual and instructions. If a product is not properly installed, or if a product or any of its sensors are outside the detection range or hindered or obstructed by walls, furniture or other things, you may experience false alarms or detection failure. It is your responsibility to test the Products once installed to be sure that the Products (and any related sensors, components and peripherals) are functioning and communicating as intended and designed, and then regularly test and maintain the Products after installation.
It is your responsibility to replace any batteries for the Products, when necessary. You understand and agree that the Products may NOT function or properly function if batteries need replacement; please check them regularly.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The individual who created an Account is the “Owner” of that Account and is the Owner of the Products associated with that Account. Individuals who are authorized to access an Owner’s Products and Services are “Authorized Users”. Authorized Users may have the ability to use the Services and monitor and control the Products. Authorized Users may also have the ability to view information (including personal information) and content across all of an Owner’s Products and Services. Authorized Users are responsible for their own actions in connection with the Products and Services, but the Owner also hereby agrees to be fully responsible for all actions taken by Authorized Users relating to the Owner’s Products, Services and Account. If you are an Owner who invites or enables an Authorized User, you acknowledge and agree that said Authorized User with the same access and ability use your Products and Services set out above. As a result, if you are an Owner, you should only authorize those individuals whom you trust to access your Account, Products and Services.
Only individuals aged 18 – or age of majority in your jurisdiction, whichever is older – are permitted to act as Owners of smanos Accounts. If you are an Authorized User, you represent and warrant that you are over the age of 13, and in the event you are between the age of 13 and the age of majority in the jurisdiction where you reside, that you will only use the Services and Products under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. Any use or access to the Services and Products by individuals under the age of 13 is strictly prohibited and is a violation of these Terms. The Services and Products are not available to any users previously prohibited from using the Services and Products by smanos.
You acknowledge that the Products and Services are not intended to be 100% reliable and we do not monitor emergency notifications and will not dispatch emergency authorities to your property in the event of an emergency. We cannot guarantee that you will receive notifications in any given timeframe. All life threatening, safety and emergent events should be directed, by you or your Authorized User, to the appropriate response services. We strongly suggest that you download and save any important recordings to your phone or other locations to avoid loss of your recordings.
You may have the ability to upload or post materials (including, without limitation, video, images, and comments) (the “Content”) to the public or 3rd party. You are fully responsible for all the Content that you upload, post, email, forward, spread, in connection with the Products or Services.
You warrant that: (a) you own the intellectual property rights in Shared Content posted by you or have the license to post the Content, and (b) the posting of your Shared Content does not violate the copyrights, intellectual property rights, privacy rights, publicity rights or any other rights of any organization or person.
When you purchase our Products, you have the option of subscribing to our smanos cloud recording plan. If you activate the free cloud recording plan or purchase paid subscription plans (Basic or Premium), it will automatically send to us for storage of any video footage with audio captured by the Products installed on your property. You have access to your smanos cloud recordings from your mobile apps for a limited period of time as long as you are enrolled in a smanos cloud plan. The cloud recordings deleted by you or your authorized users or that are deleted due to the expiration of your smanos cloud plan or at the end of the storage period are no longer available and are not recoverable.
If you do not activate or purchase a smanos cloud recording plan, the Products will not record any video; if you stop an existing smanos cloud plan, the Products will not record any NEW video but those already recorded will remain unless you delete them manually.
You may enjoy our cloud recording in the following ways:
Free Plan: Some of our Products* may come with a 3-day free cloud recording plan which can record short clips of motion-triggered or event-triggered video in the preceding 72 hours. You can activate or deactivate your free cloud recording plan in the corresponding smanos app.
Paid Subscriptions: After you activated your free cloud recording plan, you could enroll in one of our monthly or annual subscription plans at any time. You may be required to enter your billing information in order to complete purchasing. These subscription plans entitle you to access your cloud storage for each payment period until such subscription is canceled or expires. The subscription fees are charged when you finish the payment process. If any payment failed and was returned, smanos reserves the right to cancel your subscription. You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a subscription.
Auto-Renewal for Paid Subscriptions: At the end of each Billing Cycle, your subscription will automatically renew under the exact same conditions unless you cancel it. If you terminate a paid subscription plan or cancel the Auto-Renewal through smanos mobile app, you may use your subscription until the end of your then-current plan and your subscription will not be renewed after the then-current plan expires. However, you won’t be eligible for a prorated refund of then-current paid subscription. Your continued use of a paid Service reaffirms that we are authorized to charge the subscription fees through your payment method.
*Please check with smanos distributors or sales representatives for the model numbers.
At any time and without prior notice, smanos reserves the right to (i) modify the terms and conditions of the Free and Paid Subscription Plans, or (ii) modify the subscription fees for the paid subscriptions, or (iii) cancel the Free Plan. smanos will provide you with a reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective.
Voluntary Suspension of Subscription Services
As an end user, you are entitled to temporarily pause any type of your cloud recording plans through your mobile app and account at any time. During the pause, you can continue to access your cloud plan and your recordings will be kept until the last day of your subscription period, but any new video events during the pause will not be recorded. Voluntary pauses initiated by you will not translate to free extensions or be compensated for, and after the subscription period ends, you are not able to access your cloud recordings any more.
Refund Policy for Subscription Services
Except when required by law, paid subscription fees are non-refundable. If you upgrade the then-current subscription plan to a higher one (e.g. from Basic to Premium), and the subscription fees of the new plan is more than the existing one, the unused amount of existing subscription plan will be prorated and deducted from the order.
The Services may be suspended temporarily, without notice, for security reasons, systems failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. smanos does not offer any specific uptime guarantee for the Services.
These Terms will remain in full force and effect as long as you continue to access or use the Services or Products, or until terminated in accordance with the provisions of these Terms. At any time, smanos may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you if smanos, in good faith, believes that you have used the Services or Products in violation of these Terms. If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates and the new owner will have no right to use the Product or Services under your Account and will need to register for a separate Account with smanos and accept these Terms.
Upon termination of these Terms, your Account and your right to use the Services will automatically terminate.
Our Services may contain links to third-party web sites or services that are not owned or controlled by smanos.
smanos has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services.
Third-Party Web Site Links
smanos provides these links only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to such third-party web sites. Your use of these third-party web sites is at your own risk.
Third-Party Service Providers Used by smanos
You acknowledge that smanos uses third-party service providers to enable some aspects of the Services – such as, for example, data storage, cellular back-up, synchronization and communication through Amazon® Web Services and mobile device notifications through mobile operating system vendors and mobile operators. You agree not to rely on the
Services for any life safety or time-critical purposes. Further, to the fullest extent permitted by applicable law, you agree to release and hold harmless third-party services providers from all liability, damages or losses of any kind, personal injury or loss of life arising from your use of the Products and Services beyond the scope of these Terms and Conditions and smanos instructions/manuals.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
From time to time, smanos may develop updates, upgrades, patches and other modifications to improve the performance of the Products and/or the Services or for other reasons in our sole discretion (“Updates”). You agree that smanos may automatically install such Updates without providing any additional notice to you or receiving any additional consent from you.
Some of smanos Products and Services allow you to stream, view, record or download and share video data. To provide you with these features, we will collect and store information that will allow us to save or share your content as directed by you. Nonetheless, data protection and privacy laws in your jurisdiction may impose certain responsibilities on you and your use of the Products and Services. You agree that you are solely responsible for ensuring that you comply with any applicable laws when you use the Products and Services, including, but not limited to, (i) any laws relating to the recording or sharing of video or audio content that includes third parties or public spaces, or (ii) any laws requiring notice to third parties, or consent or explicit consent of third parties with respect to your use of smanos Products or Services.
We’re constantly optimizing our Products and Services, so smanos reserves the right to revise these Terms or any content of this agreement at any time by updating this page. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Products or Services. We also reserve the right to remove any content from the Services at any time, for any reason, in our sole discretion, and without notice.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us: firstname.lastname@example.org.