pixsee Smart Baby Camera─Terms of Service
pixsee Smart Baby Camera is a product of Shennona Co., Ltd. (hereinafter “Shennona”, “We”, “Us” or “Our”). These Terms of Service (hereinafter these “Terms”) are applicable when you use any function or service offered through the pixsee Smart Baby Camera (hereinafter the “Baby Camera”), the pixsee application (hereinafter the “Application”) or the website at www.pixseecare.com (hereinafter the “Website”). We advise you to carefully review these Terms.
If you are a minor under your applicable law (for example, an EU citizen under 16 or a U.S. citizen under 18), please have your statutory representative review these Terms. In the event that your statutory representative refuses to accept these Terms, please refrain from using the Baby Camera Application, the Website and pixsee Services, registering as a member, or submitting any data to Us.
1. Contents of Service
The Baby Camera provides personalized services of companionship, caring and interaction. When used with the Application or the Website, it provides features such as instant video streaming, image grabbing, two-way audio, precious moments capturing, premium subscription (for upgraded services), and other functions and services to be developed (collectively the “pixsee Services”). To access and use pixsee services, you need to register as a member on the Application.
2. System, Device and Internet Connection
- To use the Baby Camera, you need:
- A working and steady Wi-Fi network that is connected to the Baby Camera;
- A member account; and
- A mobile device that is connected to the Internet.
- The Application requires the following system environment and device:
- On iOS: an iPhone that runs iOS 12 or above;
- On Android: a mobile phone that runs Android 6 or above.
- The Website requires the following system environment and browser:
A personal computer that runs Windows 7, Windows 8.1 or above, or OS X Yosemite or above. We do not guarantee that pixsee Services are accessible with any browser. For the best user experience, We advise you use Chrome 61, Firefox 60, or an updated version thereof.
- Internet connection and costs
pixsee Services require broadband internet connection. Any internet connection cost arising out of use of pixsee Services shall be borne by you. You understand and agree that any dispute arising from or in relation to the cost or efficacy of Internet connection shall be resolved between you and your Internet service provider. We do not guarantee, and assume no liability for, the availability, function or cost of any broadband Internet connection or any other network solution.
3. Member Registration
- When you register on the Application, you become an “Ordinary Member” with access to Our basic services. Ordinary membership is valid until you delete your account.
- If you subscribe Our pixsee planet membership plan, you become a “Premium Member” that have access to all the features When you unsubscribe, you will degrade from a “Premium Member” to an “Ordinary Member”.
4. Online Shopping and Premium Membership
- Online purchase of a Baby Camera
You may order a Baby Camera on the Website, and pay for the order through a third-party payment service provider. During the transaction, you will be redirected to a payment page provided by the payment service provider. The payment may be made with credit card (issued domestically or abroad. VISA/MASTER/JCB cards are acceptable), or through ATM transfer.
Our payment service provider processes your payment with 256-bit SSL encryption. Your payment information will be transmitted to the server in an encrypted form. If you accidentally leave or close the payment page before completing the payment, due to security considerations, you will not be able to access the same page, but need to replace your order.
When you order a Baby Camera, you need to provide the recipient’s address on the checkout page. If the order could not be delivered after two attempts, and if you or the recipient remains unreachable for three working days, we will cancel the order and make a full refund.
- pixsee planet premium membership (hereinafter these “premium membership”)
- Premium subscription
pixsee planet subscription will allow you to access upgraded services in accordance with your selected plan. You may upgrade your membership by subscribing a plan on the Website with a “credit card or debit card”, through IAP (in-app purchase) from App Store, or through IAB (in-app billing) from Google Play.
By subscribing, you agree to pay upfront for each month, and to automatically renew the subscription (on a monthly basis). In other words, after the subscription is ordered, you do not need to go through the payment process for each billing cycle. The subscription will be renewed, with payment made in the same manner, on the payment day of the next month (for example, if Mr. P subscribes an auto-renewable plan with credit card on January 1st, 2020, the payment day of the next month will be February 1st, 2020, and so forth).
- Billing cycle
Premium membership plans are paid upfront. Payment for the first billing cycle will be charged, through your selected payment method, at your first subscription.
In the website’s “Membership apge”under “Subscription plan”, and the Subscription Plan page of the Application, We will list payment information, including the subscription fee and any additional fee that may arise from use of pixsee Services (such as taxes or transaction fees), and the due date of the next payment.
Your billing cycle is determined by your plan. Your payment date may change under certain circumstances, such as when the payment has failed, or when the beginning day of your subscription has no corresponding date in a given month (for example, when you subscribe on January 31st, the next payment will be due on the last day of February). You may view the next due date in the website’s “Membership apge”under “Subscription plan”, or on the Subscription Plan page of the Application.
- Termination of premium membership
Where there is a payment failure due to any reason not attributable to Us (such as error in your Apple ID, Google Account or the selected payment method; expired, lost or rejected credit card; failure to receive payment message, or any other reason that is attributable to Us), your subscription will be deemed as cancelled, in which case We will terminate your premium membership. For any questions or requests, please immediately contact Us at firstname.lastname@example.org.
Some payment service providers (such as the credit card issuer) may require additional charges, such as a foreign transaction fee or a processing fee on the selected payment method. The local tax rate may differ in accordance with your selected payment method. Please consult your payment service provider for details in this regard.
- Cancellation of subscription
You may cancel your premium membership at any time. Such cancellation will be effective after the last day of the current billing cycle. Before expiration of the current billing cycle, you may still access premium services. Once the cancellation takes effect, you will return to an ordinary member.
Please be advised that We will deem you as agreeing to continue the subscription, unless you cancel before the payment date of the next billing cycle (the notification period differs according to each subscription plan. For details, please consult the FAQ item “Cancellation of pixsee planet subscription” on the Website). In other words, if you cancel on the payment date of the next billing cycle, the cancellation will be ineffective. Please cancel on the next day, which cancellation will be effective upon expiration of the next billing cycle.
- Change of subscription plans
You understand and agree that We may change the content or price of Our subscription plans from time to time. If you continue the subscription, the changed content or price will become applicable to you from the beginning of the first billing cycle after the entry of force of such change.
- Premium subscription
- Obligation to pay
You shall use your own payment tool (including but not limited to credit card, Apple ID and Google Account) for any order of Baby Camera or membership subscription. By using a payment tool or device of another (hereinafter the Actual Payer), you represent and warrant that you are legally authorized to such use and that the Actual Payer knows and agrees to such payment. Any dispute arising out of such payment shall be resolved between you and the Actual Payer.
- Reserved rights
You understand and agree that under the following circumstances We may refuse or cancel your order:
- When the Baby Camera is out of stock, or pixsee Services are suspended;
- When there is an error in relation to description or list price of the Baby Camera or pixsee Services;
- When there is an error in relation to your order; or
- When We reasonably suspect that there is a likelihood of fraud, or unauthorized or illegal transaction.
5. Downloading Personal Data
As a member, you may request the downloading of your personal data (including your account information, the baby’s data, photos and videos) by visiting the Data Management tab of the Website’s Account page.
You will receive a confirmation email after the submission of the downloading request. We will prepare the data and email you a downloading link (valid for 48 hours) when such are ready.
Your data will be compressed for download. Depending on the size of your requested data, multiple files may be prepared (each about 1 GB).
After one download request is made, repeated requests will not be allowed in a 7-day period.
Cancellation of subscription or termination of premium membership
When your subscription is cancelled, or when your premium membership is terminated in accordance with these Terms due to a payment failure, you will return to an ordinary member, whose audiovisual data will be stored for a 30-day period. We strongly recommend that you should request the download of your personal data before returning to ordinary membership, and pay close attention to the validity of your payment method.
6. Member’s Obligations
- User account security
After your user account is created on the Application or with a third-party (such as Facebook or Google) account, you agree to keep your account and password secure and protect against access by any unauthorized third party. Any use of pixsee Services with your account signed in shall be presumed as conducted by you, for which you shall be responsible.
If you suspect any unauthorized use of your account or any other security breach, please inform Us immediately.
- Limitations of use
You guarantee that pixsee Services will not be used, directly or indirectly, by yourself or any third party, for any illegal, inappropriate or bad faith purposes. You shall be held liable for any violation of the preceding sentence, in which case We reserve the right to suspend or terminate your access to pixsee Services, and to make appropriate arrangements (such as removal of your illegal content, and disclosure of information to the judiciary). Such illegal, inappropriate or bad faith uses include but are not limited to the following:
- To use the Baby Camera to record audio or video of another’s private activity without consent.
- To upload videos, photos, images and other content that is illegal, or that infringes another’s privacy, likeness, copyright or other rights.
- To modify, disassemble or reverse-engineer any software that constitutes pixsee Services.
- To interfere with, disrupt, or attempt to gain unauthorized access to the servers or networks connected to pixsee Services, or to launch any security attack (such as a virus, a denial-of-service (DOS) attack, or a distributed denial-of-service (DDOS) attack).
- To use another’s Baby Camera without authorization, or to access, delete or alter another’s data, settings, access, videos, photos, images, or any other electromagnetic record.
- To delete any intellectual property mark or statement contained in pixsee Services.
- To violate any applicable law or regulation.
- Non-profit use
You agree not to reproduce, sell, lend, transact or use any part of pixsee Services (including your user account) for any commercial or for-profit purposes.
7. Membership Termination/Account Deletion
You may, at any time, request termination and deletion of your account, and erasure of all personal data provided to pixsee Services. Please be advised that, to ensure Our overall user experience, you could only thoroughly erase your member information by deleting your member account. You need to sign in with your username and password, or otherwise prove your identify (or that of your agent), before We process your request.
- You understand and agree that pixsee Services intend to preserve precious moments, and do not guarantee the prevention or detection of potential risks or diseases, such as sudden infant death syndrome (SIDS), infant injury, fire, flood, theft or any other incident that is irrelevant to pixsee services.
- Third party services.
pixsee Services integrate online services of third-party service suppliers (hereinafter “Third Party Services”), such as the following:
- Audio and video streaming by ThroughTek Co., Ltd.; and
- Cloud storage by MICROSOFT TAIWAN CORPORATION.
You understand and agree that We are not liable for any third-party activity, function or content. We do not endorse any third-party transaction, nor are We liable for such third-party transaction. In addition, We do not guarantee the compatibility or sustained compatibility of any third-party service.
- Any information, content, software or function of pixsee Services is provided “as is”. We do not guarantee the network quality, functionality, or use of information or content, including but not limited to:
- Uninterrupted connection to services or access to audiovisual content;
- That the Website or the Application is free from any damage, interruption or security incident;
- Immediate rectification of any error, or
- Provision of any function per your request.
- We will suspend or terminate part or all of pixsee Services under the following circumstances:
- When there is a transfer, change, upgrade, or maintenance of pixsee Service;
- When there is change in the applicable law or regulation, or when requested by the competent authority or the judiciary;
- When you engage in any activity that is against the law or in violation of these Terms; or
- When there is suspension or termination due to force majeure or other reasons not attributable to Us.
- We are not liable for any direct or indirect damages or loss, whether in the form of damages, compensation, or refund of any fee.
9. Special Activities
We organize raffles, contests or other marketing activities from time to time. You shall abide by the rules of each activity that you participate. In the event that the rules of a given activity are in conflict with these Terms, the rules of that activity shall prevail.
10. Privacy and Personal Data Protection
11. Cookie and Similar Technologies
12. Intellectual Property
- Other than your content recorded or uploaded with pixsee Services, all works (such as computer software, artistic works and literary works), trademark (such as the pixsee trademark), and other intellectual property in relation to pixsee Services are owned by Us or a third party, which you may not use beyond the scope of pixsee Services.
- Intellectual property in relation to your content recorded or uploaded through use of pixsee Services are owned by You. You hereby grant a royalty-free and perpetual license under which We may, for the purpose of service optimization, use such content to train pixsee Services’ facial or voice-recognition software.
13. Limitation of Liability
- You understand and agree that, in the event that We are liable by law or under these Terms, Our total liability shall not exceed the claim approved by the insurer of product liability insurance covering pixsee Services. Where the liability is not covered by such Product liability insurance, Our total liability shall not exceed the total price you paid for the Baby Camera in question.
- If your violation of these Terms results in harm to or loss of Shennona (including harm to reputation and economic loss), We reserve the right to hold you liable for such harm or loss.
14. Assignment of Rights and Obligations
All of Shennona’s rights and obligations regarding pixsee Services are assignable in connection with a merger, acquisition, division or otherwise. We will notify you of such assignment in an appropriate manner. If you decide against further use of pixsee Services, you may request Us to terminate your user account.
15. Applicable Law and Jurisdiction
These Terms shall be governed by the laws of Taiwan (R.O.C.). Matters not mentioned therein shall be supplemented and interpreted in accordance with the laws of Taiwan (R.O.C.). Any action arising out of or relating to the use of pixsee Services or these Terms shall be brought exclusively before Taiwan Shilin District Court.
16. Updates of Services, Terms and Rates
Content of pixsee Services and these Terms, and rates of subscription plans may be updated from time to time, so as to adapt to the development of pixsee Services, the adjustment of Our policies, or the evolution of the legal framework. We will inform you of such changes in an appropriate manner. In the event that you do not agree to any update of pixsee Services or these Terms, please immediately stop using pixsee services and contact Us. By continuing to use pixsee Services after the entry in to effect of the notified change, you accept and agree to be bound by such change, in which case We will provide the changed services and charge at the changed rate.
Notices of pixsee Services will be made through email notification, in-Application notification, Website announcement, among other appropriate manners. Please pay close attention to such notices.
18. Contact Information