Terms of Services

Last updated: January 12, 2023

Thank you for using HIKMICRO Viewer App!

These Terms of Services (“Terms”) shall govern your use and access of this application and its services (the “Services”) provided by Hangzhou Microimage Software Co.,Ltd. and/or their affiliates (“HIKMICRO”, “we”, “our”, or “us”). We provide the Services mainly for use in conjunction with various HIKMICRO devices under this application.

We reserve the right to modify these Terms at any time, so we encourage you to review it frequently. Please read these Terms carefully. By accessing the Services, you acknowledge that you have read, understood and agreed to these Terms. In case you do not understand or agree to any of these Terms, you should immediately exit this application.

  1. Electronic Contracting and Messaging
  2. Eligibility; Children
  3. Access to the Services
  4. Content
  5. Privacy
  6. Changes to the Services
  7. Limitations of the Services
  8. Limitations of the Services Due to Reliance on Third Parties
  9. WARRANTY DISCLAIMERS
  10. LIMITATIONS OF LIABILITY
  11. Indemnity
  12. Term and Termination
  13. Governing Law and Dispute Resolution
  14. Entire Agreement; Waiver; Severability
  15. Assignment
  16. Modifications
  17. Contact Us

1. Electronic Contracting and Messaging

By using the Services under this application, you agree to accept and be bound by these Terms and our Privacy Policy. You agree that when you click on any “I Agree” button when applying for or using the Services, you affirmatively consent to conduct business electronically with HIKMICRO, and such credentials and processes have the same force and effect with your written signature.

2. Eligibility; Children

You are prohibited from registering HIKMICRO devices for use with the Services or from using the Services unless you are 18 years of age or older, or above the age of equivalent minimum age in the relevant jurisdiction. Please check your local law for the age of digital consent. You may not use the Services where prohibited by applicable law. If you are not 18 years of age or older, or under equivalent minimum age in the relevant jurisdiction, please quit this application immediately. Please contact us if you believe your child has provided us with personal data in connection with the Services.

3. Access to the Services

You may access and use the Services solely for the purposes of
(a) operating, managing, monitoring, and maintaining the HIKMICRO devices, and
(b) viewing, downloading, and storing pictures or videos captured and transmitted by the HIKMICRO devices.
When using the Services, you shall not:

4. Content

You may elect to display, share, email, or otherwise make available (collectively, “Submit”) pictures, videos, or reports via the Services, including for storage and sharing with third parties online (“Your Content”). When you share Your Content to a third party via the Services, such content will be accessible and viewed by others. You are solely responsible for Your Content submitted through the Services, and we will not be liable for any errors or omissions in Your Content.

We may also make available on the Services text, graphics, photographs, video, images, illustrations, audio, and music we own or from other users of the Services (“Our Content”). Our Content, along with the 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 Our 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 Our Content without our prior written consent.

We make no endorsement, representation or warranty of any kind about Your Content, Our Content or any information, services or recommendations accessed through the Services. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Services.

You agree that all Your Content and Our Content accessed by you using the Services 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 Our Content through the Services.

Your Content is yours. These Terms don’t give us any rights to Your Content except for the limited rights that enable us to operate and provide the Services. We need your authorization to do things like hosting Your Content and backing it up. By making Your Content available on or through the Services you grant to us a non-exclusive, transferable, sub-licensable, worldwide, royalty-free, perpetual, irrevocable right and license to use, copy, modify, display, perform, and distribute Your Content in connection with operating and providing the 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 Services. Such licenses and rights shall be sub-licensable by us to our affiliates and trusted third parties we work with.

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 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 Services are our 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. We do not waive any right to use similar ideas previously known to us or developed by us.

5. Privacy

To provide the Services, we may collect and use your personal data. We detail our practices in our Privacy Policy, which needs to be read carefully before you use any related Services.

6. Changes to the Services

We may change, upgrade, discontinue, or temporarily suspend any feature or component of the Services at any time without notice. We cannot guarantee and makes no warranties that any software updates can be implemented on any HIKMICRO devices or that changes to the Services will operate as intended. You acknowledge that you may be required to install software updates to use the Services with your HIKMICRO device, 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.

7. Limitations of the Services

The Services are intended to be accessed and used for non-time-critical information and control of HIKMICRO devices. While we strive for the Services to be highly reliable and available, it is not intended to be reliable or available 100% of the time, considering that the 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 we are not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status of the Product, notifications, or timing of Your Content.

The 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. We do not offer any specific uptime guarantee for the Services. We are not liable for any losses arising from a suspension of the Services.

All information concerning the Services and use of HIKMICRO devices with this application is provided “as is” and “as available”. We do not guarantee that this information is correct or up to date. Accessing the information through the Services is not a substitute for direct access to the information in or on the HIKMICRO device itself.

8. Limitations of the Services Due to Reliance on Third Parties

The Services rely on certain third party products and services. For example, we rely on mobile operating system vendors and mobile carriers to enable mobile device notifications through the Services. These third party products and services are beyond our control, and their operation may not operate in a reliable manner or be available 100% of the time. We are not responsible for any damages and losses due to the operation of these third party products and services.

You acknowledge that you are responsible for all fees charged by your Internet Service Provider (“ISP”) and carrier in connection with your access to and use of the Services and access to your HIKMICRO device. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and carrier.

You acknowledge and agree that the availability of this application is dependent on the third party web services from which you download the this application – for example, the Android app market from Google or the App Store from Apple (each an “Store”). You acknowledge that these Terms are between you and us exclusively and not with a Store. Each Store may have its own terms and conditions to which you must agree before downloading this application from that Store. You agree to comply with, and your license to use this application, is conditioned upon your compliance and agreement with such Store terms and conditions. To the extent such other terms and conditions from such Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

We are not responsible for third parties or their products and services, including, without limitation, any third party products and services that enable the Services, equipment, ISPs, carriers, the App Stores, and Third Party Sites.

WE HEREBY DISCLAIM AND YOU HEREBY DISCHARGE, WAIVE AND RELEASE US AND OUR 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.

9. WARRANTY DISCLAIMERS

We strive to provide great services, but there are certain things that we can’t guarantee. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE” WITH ALL FAULTS AND ERRORS, AND WE 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. Some jurisdiction does not allow the disclaimers in this paragraph, so they may not apply to you.

WE DO 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 SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE.

WE MAKE NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.

YOU ACKNOWLEDGE THAT THE USE OF THE SERVICES SHALL BE CONNECTED WITH THE INTERNET, AND USE SHALL BE WHOLLY AT YOUR OWN RISK. WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.

SURVEILLANCE, DATA PROTECTION, AND PRIVACY LAWS VARY BY JURISDICTION AND MAY IMPOSE CERTAIN RESPONSIBILITIES ON YOUR USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU (AND NOT US) WILL BE RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH APPLICABLE LAWS WHERE YOU LIVE AND THAT WE SHALL NOT BE LIABLE IN THE EVENT THAT THE SERVICES 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 SERVICES FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY.

10. LIMITATIONS OF LIABILITY

We don’t exclude or limit our liability to you where it would be illegal to do so – this includes any liability for our or our affiliates’ fraud or fraudulent misrepresentation in providing the Services. In jurisdiction where the following types of exclusions aren’t allowed, we are responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph doesn’t affect consumer rights that can’t be waived or limited by any contract or agreement.

In jurisdiction where exclusions or limitations of liability are allowed, we, our DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE,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 SERVICES, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY THE SERVICES OR BY FAILURES OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE,OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $10 USD OR 100% OF ANY AMOUNT PAID BY YOU TO US FOR THE SERVICES 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. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HIKMICRO AND YOU.

11. Indemnity

You agree to defend, indemnify, and hold us, our 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 Services and HIKMICRO devices which constitutes a culpable (negligent or willful) violation of these Terms and any other information issued by us; (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. We will use reasonable efforts to notify you of any such claim, action or proceeding without undue delay upon becoming aware of it.

12. Term and Termination

These Terms will remain in full force and effect as long as you continue to access or use the Services, until terminated in accordance with the provisions of these Terms. At any time, and without prior notice, we may suspend or terminate your rights to use the Services if we believe in good faith that you have used any the Services 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 HIKMICRO devices or the Services. YOU ACKNOWLEDGE THAT THE HIKMICRO DEVICE YOU PLAN TO TRANSFER SHOULD BE DELETED IN YOUR ACCOUNT BEFORE SUCH TRANSFER. Upon termination of your Account, your right to use the Services will automatically terminate and we may delete Your Content and other information related to your Account immediately, unless otherwise required by applicable laws.

13. Governing Law and Dispute Resolution

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 this application, 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 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 arbitration on an individual basis. In any dispute, NEITHER YOU NOR US 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.

14. Entire Agreement; Waiver; Severability

These Terms constitute the entire and exclusive understanding between you and us with respect to the use of the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and us regarding the Services. Our 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.

15. Assignment

You may not assign or transfer these Terms and any associated rights or obligations, by operation of law, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We 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.

16. Modifications

We may revise these Terms from time to time to better reflect: (i) changes to the law; (ii) new regulatory requirements, or (iii) improvements or enhancements made to the Services. If an update affects your use of the Services or your legal rights as a user of the Services, we’ll notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-app notification. These updated terms will be effective no less than 7 days from when we notify you.

17. Contact Us

Should you have any questions, please contact us immediately through the contact information on Contact Us