Pixsee Smart Baby Camera─Terms of Service

• To use the Baby Camera, you need:
  1. A working and steady Wi-Fi network that is connected to the Baby Camera;
  2. A member account; and
  3. A mobile device that is connected to the Internet.
• The Application requires the following system environment and device:
  1. On iOS: an iPhone that runs iOS 13 or above;
  2. On Android: a mobile phone that runs Android 8 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. PixseeWe do not guarantee that Pixsee Services are accessible with any browser. For the best user experience, We advise you use Chrome 61, Firefox 60, the most updated version of Microsoft Edge 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.

• 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”.

• Online purchase of a Baby Camera
  1. Payment
     You may order a Baby Camera on this Website or other third-party websites (such as Amazon and Shopify) and pay for the order through the payment service of a third-party 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.
  2. Shipping
     When you order a Baby Camera on this Website, you may provide the recipient’s address on the checkout page of this Website. If an order placed on this Website 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”)
  1. 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).
  2. 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.
  3. 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 support@pixseecare.com.
     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.
  4. 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.
  5. 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.
• Obligation to pay
  You may use your own payment tool or payment tools owned by others (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, you are deemed to be legally authorized to such use.
• Reserved rights
  You understand and agree that, under the following circumstances, We may refuse or cancel your order. Before refusing or canceling your order, We will notify you via the phone number or the email address that you provided:
  1. When the Baby Camera is out of stock, or Pixsee Services are suspended;
  2. When there is an error in relation to description or list price of the Baby Camera or Pixsee Services;
  3. When there is an error in relation to your order (for example, an error of the delivery information)
  4. When We reasonably suspect that there is a likelihood of fraud, or unauthorized or illegal transaction.

• The methods to download your personal data (including your account information and the baby’s data, photos and videos)
  download.
  Website:
  As a member, you may request the downloading of your personal data by visiting the Data Management tab of the Website’s Account page.
  Application:
  As a member, you may request the downloading of the data of all your accounts and the baby's data by visiting the Data Download and Baby's Data tab in the Help section of the Application.
  You will receive a confirmation email after the submission of the downloading request. The processing of the data takes two to seven working days. We will email you a downloading link (valid for 48 hours) when such data are ready. If the link is invalidated, you will need to apply again.
  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.

• User account security
  After your user account is created on the Application or with a third-party (such as Apple ID or WeChat on iOS systems and Facebook or Google on Android systems) account, you must keep your account and password secure and protect them 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:
  1. To use the Baby Camera to record audio or video of another’s private activity without consent.
  2. To upload videos, photos, images and other content that is illegal, or that infringes another’s privacy, likeness, copyright or other rights.
  3. To modify, disassemble or reverse-engineer any software that constitutes Pixsee Services.
  4. 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).
  5. 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.
  6. To delete any intellectual property mark or statement contained in Pixsee Services.
  7. 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.

• 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.
  • Cloud storage service by MICROSOFT CORPORATION.
  • Cry identification services by EMOREC TECHNOLOGY CO., LTD.
  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:
  1. Uninterrupted connection to services or access to audiovisual content;
  2. That the Website or the Application is free from any damage, interruption or security incident;
  3. Immediate rectification of any error, or
  4. Provision of any function per your request.
• We will suspend or terminate part or all of Pixsee Services under the following circumstances:
  1. When there is a transfer, change, upgrade, or maintenance of Pixsee Service;
  2. When there is change in the applicable law or regulation, or when requested by the competent authority or the judiciary;
  3. When you engage in any activity that is against the law or in violation of these Terms; or
  4. 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.

• 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.

• 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.