User Agreement
You control who sees your cameras and content.
Vicohome is designed to provide a way for you to view the content captured with your Vicohome cameras, including your videos and photos taken with your Vicohome cameras. You control access to your cameras and stored content. The Vicohome video monitoring systems come with various services plans, which may offer: remote viewing of your Vicohome cameras' content; automatic recording when motion is detected; motion alerts (with links to the associated videos); video clips that are sent to your iPhone, Android phone; digital pan and zoom; video storage; and the ability to support multiple cameras. Through settings in your Vicohome account you can choose to keep your cameras, photos and videos private or allow broader access to them. Premium service plans may be offered that upgrade the aforementioned features or add additional features to your Vicohome system.
1. Age
You must be at least 18 years of age to sign up for Vicohome, and by signing up for Vicohome you confirm that you are at least 18 years old. The Vicohome System does not knowingly collect or solicit personal information from anyone under the age of 18, and Vicohome does not knowingly allow such persons to register for Vicohome. If you are under 18, do not attempt to register for the Vicohome or send any information about yourself to us without parental consent. No one under age 18 may provide any personal information to Vicohome without parental consent. If we learn that we have collected personal information from somebody under age 18 without verification of parental consent, we will delete such information.
To read the complete Vicohome Terms of Service please see below.
2. Introduction
Welcome to Vicohome. Vicohome is operated by Photon Sail By using:
2.1 the Vicohome cameras and the personal video network (referred to herein as the "Vicohome System"); and
2.2 the Vicohome websites and any associated subscriptions, content services, accounts, streaming video sites, and all other web services associated with the Vicohome product.
(2.1 and 2.2 above being collectively referred to herein as the "Vicohome Services")
3. Terms of Service
Your registration of the Vicohome System through the Vicohome Websites, as well as use of the Vicohome Services, is subject to the provisions of these Terms. Any software component embodied in the Vicohome System is licensed to you, and not sold.
Vicohome MAY AT ITS DISCRETION CHANGE THESE TERMS. ANY CHANGES MADE TO PROVISIONS OF THESE TERMS WILL BE UPDATED ON THE Vicohome WEBSITE.WE ENCOURAGE YOU TO PERIODICALLY CHECK THE Vicohome WEBSITES FOR THE CURRENT VERSION OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY CHANGES TO THESE TERMS YOU MAY CANCEL YOUR USE OF THE Vicohome SERVICES IN ACCORDANCE WITH SECTION 13 OF THESE TERMS. YOUR USE OF THE Vicohome SERVICES FOLLOWING NOTIFICATION OF THE CHANGE TO THE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE TERMS, AS MODIFIED.
4. Registration Information
Registration of your Vicohome System is required. To register, you must provide the following "User Information":
An e-mail address. You agree that you are 18 years old or older and agree to provide and maintain accurate and complete User Information. Vicohome may terminate your account if you provide Vicohome with inaccurate or incomplete information. You also certify that you are legally permitted to use and access the Vicohome Services. These Terms are void where prohibited by law, and the right to access the Vicohome Services is revoked in such jurisdictions.
Vicohome respects the privacy of your User Information and will safeguard the User Information in accordance with the Vicohome Privacy Policy. We encourage you to review the Privacy Policy frequently. Vicohome will monitor usage data, such as log entries, diagnostics, bandwidth usage, and various other analytics coming from devices tied to the user.
By completing the registration process, you agree to the Privacy Policy and affirm that you understand and consent to Vicohome's collection, storage and use of your User Information. You have the right to update your User Information or change your consent to the collection, storage and use of your User Information at any time. Such changes can be made by logging into your Vicohome account. Certain features of the Vicohome Services may not be available if you restrict the collection, storage, or use of your User information.
5. Member account, password and security
You will create a password and account designation during the Vicohome Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to
5.1 immediately notify Vicohome of any unauthorized use of your password or account or any other breach of security and
5.2 ensure that you exit from your account at the end of each session.
Vicohome will not be liable for any loss or damage arising from your failure to comply with this Section 3. Vicohome may refuse registration of or cancel Vicohome account designation in its discretion.
6. Third-Party content
Vicohome takes the ownership of all functions related to our smart cameras, but in order to provide better services to users, we also rely on or inter-operate with third-party content.
We provide third-party content as a service, but Vicohome does not control or participate in editing any third-party content, so it makes no representation or warranty about any third-party content, and your use of such third-party content is at your own risk.
You agree that Vicohome will have no liability to you or anyone else who uses your Vicohome System with regard to any Third Party Content. You also agree and declare that the Vicohome Services will not be used to illegally copy, illegally display or otherwise make illegal use of Third Party Content. Generally, authorization from the appropriate rights holder is needed prior to displaying, using, or copying Third Party Content. Unauthorized copying or distribution of copyrighted works may constitute an infringement of the copyright holders' rights.
Vicohome may terminate the accounts of users of any Vicohome service or software who infringe the copyrights, trademarks, or intellectual property rights of others. In addition, steps intended to defeat or bypass security measures designed to prevent intellectual property infringement may be illegal under comparable foreign laws. Vicohome may terminate the Vicohome accounts of users who develop or use methods to defeat or bypass such security measures and may take any other necessary or appropriate action to prevent infringement of intellectual property holders' rights.
7. Changes to your Vicohome Service
To the extent possible under the governing law, Vicohome may, at its discretion and without notice or user permission, change, add, or remove features and functionality of the Vicohome Services. If you are dissatisfied with any material changes to the Vicohome Services during a subscription, you may immediately terminate your use of the Vicohome Services and be entitled to a pro-rated refund of any of your paid for, but unused, subscription. Vicohome is under no obligation to provide any or all features and functionality to your Vicohome System and may, at its discretion, discontinue the provision of software updates to certain Vicohome Systems. Because different Vicohome Systems may support different features and functionality the level of service Vicohome provides may not be the same for each Vicohome System.
8. Service Eligibility/Parental Advisory
Use of the Vicohome Services requires that your Vicohome System has access to an always-on, broadband internet connection. To enable the Vicohome Services all Vicohome Systems must be registered at Vicohome apps, such as the official Vicohome iOS and Android apps. THE Vicohome SERVICES ARE INTENDED FOR USERS WHO ARE AT LEAST 18 YEARS OF AGE OR OLDER. BECAUSE THE Vicohome SERVICES MAY PROVIDE ACCESS TO VIDEO OR IMAGES THAT CONTAIN EXPLICIT CONTENT INCLUDING DEPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE. PARENTAL DISCRETION IS ADVISED FOR ALL USERS UNDER THE AGE OF 18.
9. Member Conduct
You understand that all information, data, text, software, photographs, video, messages, tags, feedback, comments, questions, other information or materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Vicohome, are entirely responsible for all Content that you capture, upload, post, email, transmit or otherwise make available via the Vicohome Services.
9.1 Vicohome does not control the Content posted via the Vicohome Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Vicohome be liable for any Content, including but not limited to,
9.1.1 any errors or omissions in any Content
9.1.2 any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Vicohome Services including viewing, copying or redistribution of the Content;
9.1.3 loss or destruction of Content; or
9.1.4 failure to comply with any and all applicable federal, state, and local laws with respect to use of the Vicohome Services including but not limited to laws related to closed-circuit television monitoring for any purpose and recording in public areas.
You also understand that Vicohome does not guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we do not guarantee the authenticity of any data that users or merchants may provide about themselves. We do not control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Vicohome Services.
You agree not to use the Vicohome Services to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy; harm minors in any way; impersonate any person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Vicohome Services; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail, "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose; interfere with or disrupt the Vicohome Services or servers or networks connected to the Vicohome Services (including without limitation denial-of-service attacks) or disobey any requirements, procedures, policies or regulations of networks connected to the Vicohome Services; intentionally or unintentionally violate any applicable local, state, national or international law.
Vicohome does not view your private photographs or videos without your permission, but you agree that Vicohome and its designees will have the right (but not the obligation) in their sole discretion to screen and/or remove Content that is made, or attempted to be made, publicly available via the Vicohome Services. Vicohome may also refuse or remove Content from the Vicohome Services that may violate the Terms, such as those prohibitions listed in Section 7.
Without limiting the foregoing, Vicohome will have the right at any time to remove any Content that violates these Terms, is illegal, or Vicohome believes may be illegal or inappropriate (including, but not limited to, removal upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
9.2 You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services. You acknowledge, consent and agree that Vicohome may access, preserve and disclose your account information and/or Content if required to do so by law or in a belief that such access, preservation or disclosure is reasonably necessary to
9.2.1 comply with legal process, including without limitation subpoenas and search warrants.
9.2.2 enforce these Terms.
9.2.3 respond to claims that any Content violates the rights of third parties.
9.2.4 respond to your requests for customer service.
9.2.5 protect the rights, property or personal safety of Vicohome, its users and the public.
9.3 You understand that the technical processing and transmission of the Vicohome Services, including your Content, may involve.
9.3.1 transmissions over various networks
9.3.2 changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Vicohome Services and software embodied within the Vicohome Services may include security components that permit digital materials to be protected and that use of these materials is subject to usage rules set by Vicohome and/or content providers who provide content to the Vicohome Services.
You may not attempt to override or circumvent any of the usage rules embedded into the Vicohome Services. Any unauthorized or illegal reproduction, publication, further distribution or public exhibition of the materials provided on the Vicohome Services, in whole or in part, is prohibited.
10. Content submitted or made available for inclusion on the Vicohome Services
Vicohome does not claim ownership of Content you submit or make available for inclusion on the Vicohome Services. Nevertheless, as permitted through the functionality of the Vicohome Services and under these Terms, you grant Vicohome the right to transmit, process, adapt and maintain a copy of the Contents in a security-enhanced and/or encrypted manner, solely in connection with providing you the Vicohome Services, or for archival and legal purposes.
When you use a third-party application, the application may ask for your permission to access your Vicohome content and information in order for the application to work as intended. Your agreement with the provider of that application will control how the application can use, store, and transfer that content and information, so be sure to thoroughly read any such application’s terms of service and only use applications from trusted providers. For clarity, the foregoing license grants to Vicohome do not affect your ownership of or right to grant additional licenses to the material in your Content, unless otherwise agreed in writing.
11. Internet service provider and cell phone charges
The Vicohome Services require the use of a broadband Internet connection. You are responsible for any service charges for your internet connection or data plan incurred as a result of using or accessing the Vicohome Services and acknowledge and agree that you will be solely responsible for all disputes with any internet service or cell phone provider relating to same. In particular, streaming and viewing recorded videos and the use of the apps may incur extra and substantial charges on devices that use a data plan. Vicohome is not responsible for and does not make any assurances about the availability, functionality, or cost of any broadband internet connection or other data plan.
12. Using the Vicohome Services
You may access and use the Vicohome Services only with a Vicohome System that is authorized to communicate with the Vicohome Websites. You agree not to tamper with or otherwise modify your Vicohome System. Except as expressly provided in these Terms, you may not transfer the Vicohome Services or the right to receive them. By using the Vicohome Services you agree to receive all software updates and upgrades that Vicohome sends to your Vicohome System. If you disable the automatic upgrade feature of the Vicohome System then certain functionality of the Vicohome System may be adversely impacted. Even if you disable the automatic upgrade feature of your Vicohome System, Vicohome may still implement critical Vicohome System updates; updates for Vicohome applications running on your iPhone or Android phone; and Vicohome back end service updates. If your Vicohome System accesses the Vicohome Websites (regardless of your payment or subscription status) you acknowledge and agree that you are a user of the Vicohome Services and are bound by the provisions of these Terms.
13. Termination of service
You may request termination of your account and your right to use the Vicohome Services at any time without limitation. The Vicohome Services will be terminated within approximately 5 business days after your request. Any unused Vicohome Services fees (if applicable), including subscription fees, may not be refundable under this method of termination. Upon termination of your account, certain information may not immediately be deleted from Vicohome's or its agents’ systems, including without limitation log entries, diagnostics, analytics coming from devices tied to the user; transaction details of the account; or information subject to search warrant, subpoenas, or other legal processes.
Notwithstanding anything to the contrary in these Terms, Vicohome retains the absolute right to immediately terminate your account if the subscription charges are refused for any reason(if applicable), if you breach any provision of these Terms, if you misuse the Vicohome Services, and/or if you alter your Vicohome System or use the Vicohome Services or software in such a manner as to infringe upon the intellectual property rights of Vicohome and/or its subsidiaries and affiliates or any third party.
In addition, Vicohome may terminate your account and these Terms for any other reason if Vicohome gives you at least 30 days advance notice of such termination. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges(if applicable) relating to your use of the Vicohome Services before termination, and Vicohome will give you a pro-rated refund of any of your paid for, but unused, Vicohome Services fees that will remain unused because of Vicohome's termination under this method of termination. Termination of the Vicohome Services may result in the forfeiture and destruction of all information associated with your membership, including Content.
All provisions of these Terms which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
14. Notice
Vicohome may provide you with notices, including those regarding changes to these Terms, by email, regular mail, text message, postings or updates to the Vicohome Websites or other reasonable means now known or hereinafter developed.
15. Title to software and intellectual property
You may need to use certain software programs in your Vicohome System to use or have full access to certain features of the Vicohome Services. You are required to accept and use the software included in your Vicohome System at the time of purchase and other software programs that may be delivered to your Vicohome System by Vicohome from time to time. Vicohome and/or its subsidiaries, affiliates, and licensors retain title to and ownership of all the software for the Vicohome System and certain intellectual property rights in the Vicohome System. Vicohome and/or its affiliates also retain ownership of all Vicohome copyrights, trademarks and other intellectual property. In the case of third party software delivered by Vicohome and/or its subsidiaries and affiliates to the Vicohome System, the applicable third party retains title to and ownership of its software, copyrights, trademarks and other intellectual property.
Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute or use for other purposes the Vicohome System or the software of the Vicohome System is strictly prohibited, unless such prohibition is not allowed under the applicable law. If you install any Vicohome software applications on your home computer ownership and the other terms of such use are governed by the applicable End User License Agreement to which you must agree prior to installation.
16. Notice and procedure for making claims of copyright or intellectual property Infringement
Vicohome respects the intellectual property of others and we require our users to do the same. Vicohome may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeated intellectual property infringers. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated please provide Vicohome with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
a description of the copyrighted work or other intellectual property interest that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
Please mail this information to:
Photon Sail
8 Robinson Road, #07-00, ASO Building, Singapore (048544)
17. Links
You may provide a link to your personal Vicohome site. Any link to any Vicohome Service must be to its home or top-level page.
The Vicohome Services may provide, or third parties may provide, links to other worldwide websites or resources. Because Vicohome has no control over such sites and resources you agree that Vicohome is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further agree that Vicohome will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.
18. Special admonitions for international use
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
19. No resale of Vicohome Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the Vicohome Services (including your Vicohome ID), use of the Vicohome Services or access to the Vicohome Services.
20. Indemnity
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Vicohome AND ITS SUBSIDIARIES AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCLUDING BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST Vicohome AND ITS SUBSIDIARIES AND AFFILIATES OR THE Vicohome SERVICES, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY PROVISION OF THESE TERMS, YOUR MISUSE OF THE Vicohome OR Vicohome SERVICES, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF Vicohome PRODUCTS OR SOFTWARE.
21. Warranty and Warranty disclaimer
Vicohome has a limited warranty on the Vicohome cameras whereby Vicohome warrants to and only to you that the Vicohome cameras will be free from defects in materials and workmanship for one (1) year from the date of your purchase of the Vicohome cameras (unless a longer warranty period is required by law).
Batteries and battery replacement is excluded from all Vicohome warranties. It is your sole responsibility to maintain and replace the Vicohome batteries. Vicohome recommends that you carefully read and follow the owner’s manual, instructions and warnings for all Vicohome equipment. Use of only high-quality, non-counterfeit, and non-rechargeable batteries is recommended. The use of rechargeable batteries or inferior-quality batteries that cause damage to your Vicohome camera system will void the warranty. Repair or modification of the product by anyone other than Vicohome or a Vicohome approved agent will void the warranty.
TO THE EXTENT POSSIBLE UNDER GOVERNING LAW, OTHER THAN THE ABOVE PRODUCT WARRANTY FOR THE Vicohome CAMERAS AND BASE STATION DEVICES, YOU UNDERSTAND AND AGREE THAT THE Vicohome SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Vicohome MAKES NO WARRANTY THAT THE Vicohome SERVICES WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE Vicohome SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE NOR DOES Vicohome MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE Vicohome SERVICES (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE Vicohome SERVICES WILL BE CORRECTED OR THAT THE Vicohome PRODUCTS OR Vicohome SERVICES WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, Vicohome DOES NOT WARRANT THAT THE Vicohome SERVICES OR THE Vicohome SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Vicohome ALSO ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES THAT MAY INFECT YOUR Vicohome BASE STATION, COMPUTER SOFTWARE, OR OTHER HARDWARE.
YOU AGREE THAT Vicohome IS NOT AN INSURER AND THAT Vicohome IS NOT PROVIDING ME WITH INSURANCE OF ANY TYPE. ANY AMOUNTS THAT YOU PAY Vicohome FOR THE Vicohome SERVICE ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF YOUR PROPERTY, ANYONE ELSE’S PROPERTY LOCATED IN YOUR PREMISES, OR ANY RISK OF LOSS AT YOUR PREMISES. IF YOU WANT INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS AT YOUR PREMISES, YOU WILL PURCHASE IT. IN THE EVENT OF ANY LOSS, DAMAGE OR INJURY, YOU WILL NOT LOOK TO Vicohome TO COMPENSATE YOU OR ANYONE ELSE. YOU RELEASE AND WAIVE FOR YOURSELF AND YOUR INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST Vicohome ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE OR INJURY.
Vicohome'S EQUIPMENT AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF CERTAIN EVENTS, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, ROBBERIES AND MEDICAL PROBLEMS. Vicohome MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE Vicohome EQUIPMENT AND SERVICES PROVIDED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. Vicohome DOES NOT UNDERTAKE ANY RISK THAT YOU OR YOUR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH YOU, NOT Vicohome.
OTHER THAN THE ABOVE PRODUCT WARRANTY FOR THE Vicohome CAMERAS AND BASE STATION DEVICES, Vicohome AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE Vicohome SERVICES, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, THE LAST SENTENCE OF THIS SECTION MAY NOT APPLY TO YOU. Vicohome HEREBY FURTHER EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS FOR SERVICE FAILURES THAT ARE DUE TO NORMAL PRODUCT WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION OR YOUR NON-COMPLIANCE WITH ANY AND ALL APPLICABLE FEDERAL, STATE OR LOCAL LAWS. THIS WARRANTY AND WARRANTY DISCLAIMER GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY STATE, PROVINCE, OR COUNTRY. OTHER THAN AS PERMITTED BY LAW, Vicohome DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR STATE, PROVINCE, OR COUNTRY.
22. No third-party beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms.
23. Limitations of Vicohome's liability
Under no circumstances will Vicohome be liable in any way for any Content, including, but not limited to, the loss of Content, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Vicohome Services.
Vicohome's liability for damages, especially for breach of duty or obligation, delay in performance, non-performance, or malperformance shall be precluded, except when these are due to negligent breaches of any significant contractual duty or obligation on the part of Vicohome. Any liability for negligence is limited to direct losses usually and typically foreseeable in such case. Should the claim for damages be based on a wilful or grossly negligent breach of contractual duty or obligation on the part of Vicohome, the preclusion and limitation of liability mentioned in the preceding sentences WIll not apply. The preceding preclusion and limitation of liability WILL also not apply to claims for damages arising out of loss of life, bodily injury or health impacts for which Vicohome may be liable, or for non-contractual liability.
Some states and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Additionally, this provision is not intended to limit Vicohome's liability in the event of Vicohome's willful or intentional misconduct. Moreover, if Vicohome mistakenly or wrongfully overcharges your account, this section does not limit Vicohome's ability to refund such mistakenly or wrongfully overcharged amounts.
24. General Information
Entire Agreement. These Terms constitute the entire agreement between you and Vicohome and govern your use of the Vicohome Services superseding any prior agreements between you and Vicohome with respect to the Vicohome Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Vicohome Services, affiliate services, third-party content or third-party software.
Choice of Law. These Terms shall be governed by, and construed in accordance with, the laws of users' country, without regard to principles of conflicts of law thereunder.
Dispute Resolution.
24.1 Any dispute, controversy or, claim or difference of any kind whatsoever arising out of, relating to or in connection with these Terms, including the existence, validity, interpretation, performance, breach or termination thereof, the validity, scope and enforceability of this arbitration provision and any dispute regarding no-contractual obligations arising out of or relating to it (each, a "Dispute") shall be resolved at the first instance through consultation between the parties to such Dispute. Such consultation shall begin immediately after any party has delivered written notice to the other party(ies) to the Dispute requesting such consultation.
24.2 Any negotiation without results can be appealed to the law, and the result of the litigation will be the final ruling plan.
Waiver and Severability of Terms. The failure of Vicohome to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of these Terms remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Vicohome account is nontransferable and any rights to your Vicohome ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
25. Contact
The following Vicohome entity is responsible for delivering the Vicohome Services depending on where you are using the Vicohome System
Photon Sail All Other International Territories (including but not limited to Europe, Middle East, Africa, Asia Pacific, Australia and New Zealand)
Thus, if you have any questions, complaints, or claims with respect to the Vicohome Services, you may contact us at:
8 Robinson Road, #07-00, ASO Building, Singapore (048544)
26. Vicohome Terms of Service Addendum
If you are a subscriber to a Vicohome Awareness Service then the below addition Vicohome Service Terms apply.
PLEASE READ THESE TERMS CAREFULLY AND IN FULL. THEY CONTAIN CERTAIN CONDITIONS AND RESTRICTIONS ON THE AVAILABILITY AND USE OF THE Vicohome SERVICE YOU ARE ACTIVATING ("Vicohome Service").
These "Vicohome Service Terms" supplement the Vicohome Terms and Conditions ("Vicohome Terms" or "Terms"), which will otherwise apply in full force and effect, subject to any additional terms set forth herein. In the event of any inconsistency between the Vicohome Service Terms and the Vicohome Terms, the terms and provisions of the Vicohome Service Terms will govern and control.
Activation. To activate your Vicohome Service, you must affirmatively take certain steps - this activation will not occur automatically. For new Vicohome users, this will involve creating a Vicohome account as part of the sign up process. Your use of the Vicohome Service will be subject to these Vicohome Service Terms, the Vicohome Terms, and Vicohome's Privacy Policy.
Duration. You may cancel your Vicohome Service or delete your Vicohome account at any time, upon which you will lose access to the Vicohome Service and/or Vicohome account. To take any of these actions, log into your Vicohome account and follow the prompts on the account page.
Privacy. If your Vicohome Service utilizes facial recognition, object recognition, and other artificial intelligence capabilities, it may capture digital images, videos, sounds, and use information provided by your Vicohome system. The Vicohome Service may automatically compare these captured images and sounds to databases of stored records. By using the Vicohome Service, you explicitly agree to the collection and analysis of this data by the Vicohome system. The process is automated and does not involve human intervention. Vicohome takes privacy and security of users very seriously and will never illegally use or view any user information without their authorization.
Payment. Apple Pay or Google Pay is used as the payment method for the Vicohome Awareness Service. When you sign up for the service, your payment information will be securely processed by either Apple Pay or Google Pay, ensuring that your payment security and privacy are well covered. These payment methods are considered to be among the safest available. Your subscription fee will automatically be charged to your chosen payment method for each subscription period until you choose to cancel. If you cancel the service at any time, you will receive a pro-rated refund in accordance with the policies of Apple or Google. In the event that Vicohome changes the monthly or other term subscription fee for the service in the future, we will provide you with advanced notice of the change and the effective date. If you do not cancel, the new price will take effect at the start of the next subscription period following the date of the change. By continuing to use the service after the price change takes effect, you agree to be charged the new amount. Please note that while the subscription fee for the next period may differ after your current subscription period ends, the price will not change during your current subscription period.
Additional Services. Vicohome may also offer additional services (referred to as "Additional Services") to its customers from time to time. To access these services, you may be required to take certain steps, including consenting to additional terms.