Last Modified on January 1, 2022
This User Agreement (“Terms”) applies to your use of the VMS-Mobile Services (“VMS App”) and other related products, programs and services (collectively, the “Services”).
You should carefully read and fully understand the terms of this Agreement. Please read it carefully and choose to accept or not accept this Agreement (minors should read with a legal guardian). In case you do not agree to any of the terms, you should not use the Service. Your registration, login, use, post to the VMS App shall be deemed as you have read and agreed with the Agreement.
By using this product, you agree to be bound by these Policies. We may revise this Agreement and any of the policies listed from time to time. The revised version will be effective at the time we post it, unless otherwise noted. Users can check the latest version of the terms in VMS App. By continuing to use our services after any changes to this User Agreement, you agree to abide and be bound by those changes. If you do not agree with any changes to this User Agreement, you should stop using the Service immediately.
I. VMS App and Services
1.1 You can use the VMS App to control and view VMS platform as well as hardware (including but not limited to network cameras and devices, physical objects, contained firmwares, devices connected via VMS platform), view playback video and manage alarm information.
1.2 You hereby acknowledge and agree that:
1.2.1 We reserve the right to modify, suspend, restrict, discontinue or withdraw the Services (in whole or in part) at any time, with or without notice to you due to business development.
1.2.2 The Services may contain advertisements and other activities. You consent to the display of advertisements and other activities provided by us, our affiliates, our Third-party providers, or our partners during the course of use.
1.2.3 We reserves the right to review, remove, or disable access to user generated content, including illegality, infringement, or inappropriate content(collectively, “User Content”) in violation of the applicable laws and regulations. We will terminate your account and service, and provide reports in accordance with laws and regulations to relevant authorities.
II. Your Content
2.1 User Content means when you download, post or other content with your use of the VMS App and the Services. You are solely responsible for your Content. The disclosure of your Content by you or any Third-party is at your own risk.
2.2 License means when you upload, post, release or other content in connection with your use of VMS App and our services. You grant us a worldwide, royalty-free, irrevocable, non-exclusive, and full-paid license.
2.3 Third Party Content means the VMS App and the Services contain User Content provided by other users. Your interaction with other users is solely between you and the other users, and we will bear no responsibility for your use of the Content, neither do we have the obligation to inspect, monitor, approve, or verify such Content. The use of such Content or interaction with others users is at your own risk. Please note that we are not responsible for any actions you incur in relation to or arising from your use.
III. Your Rights and Obligations
3.1 You should download and install VMS App according to the designated website or methods by us. Beware of downloading this software on non-designated websites to protect the devices from malicious programs that can damage user data and obtain user privacy information. If you obtain this software from an unauthorized Third-party or the software with the same name, we cannot guarantee that the software can be used normally, and will not be responsible for the losses caused to you.
3.2 You have the right to download, install and use the services on your legal devices.
3.3 The ownership of the user account belongs to our affiliates. Concerned about security, you are prohibited from using other person’s phone number, email address, ID number or bank account to register an account. Users will have the right to use the the account after the registration. The registered account belongs to the user only. The account is prohibited to be given, borrowed, rented, transferred or sold. We reserves the right to recall the user's account due to business need.
3.4 The user must select the version that matches the device. Otherwise, any software problems, device problems, or damages caused by the mismatch between the software and the device model are the responsibility of the users.
3.5 You have the right to change and delete your personal information, registration and posted content on the VMS App. Please note that deleting the information may also delete any text and images you have stored in the system, which will be at your own risk.
3.6 In order to improve user experience and service content, we reserves the right to provide you with replacement, modification, and upgrade versions of the software from time to time, and to charge fee for the relevant items under your consent. The software turns on the Upgrade Notification by default. We offer the user to choose whether or not to enable this function, depending on the version that the user uses. After the release of the new version, we do not guarantee the continued availability of the old software.
3.7 You are responsible for your behaviors as well as keeping your registered account information and account password safe. You agree not to use other members' accounts or passwords under any circumstances. You agree to notify us immediately if you suspect your account or password be used.
3.8 Things You Cannot Do
3.8.1 You may not use the VMS App or the Service in any manner that could authorize, sell, rent, transfer, distribute or any commercial use.
3.8.2 You may not access the VMS App or the Services for the purpose of creating the same or competing service.
3.8.3 Unless permitted by law, you may not copy, distribute, republish, download, display, post, modify, translate, merge, leverage, disassemble or decompile for content that we owns, including but not limited to advertisement or sponsored content.
3.8.4 Your use of Third-party websites or advertisements is at your own risk. Your access to Third-party websites or advertisements in compliance with their terms and policies.
3.8.5 You have acknowledged and agreed to use the VMS App or Services by uploading, posting or other means. You are responsible for the risks arising from the following actions.
-Violated the basic principles set by the Constitution
-Endangering national security, leaking national secrets, subverting national power, and undermining national unity
-Damage to national honors and interests
-Inciting ethnic hatred, ethnic discrimination, and undermining national unity
-Destruction of the national religious policy and the promotion of cults and feudal superstitions
-Spread rumors, disrupt social order and undermine social stability
-Dissemination of pornography, pornography, gambling, violence, terror or abetment of crimes
-Insulting or slandering others and infringing the legal rights and interests of others;
-Contain other content prohibited by laws and administrative regulations.
-Failing to comply with laws and regulations or having negative effects on society
3.8.6 You have agreed not to engage in the following acts in using the VMS App or the Service.
-Upload, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services.
-Collect users’ information without authorization, such as e-mail addresses.
-Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the VMS App and the Services.
IV. Indemnification
4.1 You should use the VMS App and the Services in accordance with the laws, regulations and the terms of the Agreement to avoid any complaints and/or lawsuits from Third-party and you agree to undertake any losses, damages, liabilities, costs and expenses, including but not limited to attorneys' fees, arising of any of the following events.
1) Your use of the VMS App and the Services.
2) You control the Hardware and any Third-Party devices through the VMS App.
3) Your content.
4) Your breach of any terms of this Agreement.
4.2 You agree you may not unilaterally settle any lawsuit that you jointly bring against a Third-party.
4.3 In no event will we be liable to you or any Third-party under any circumstances for any indirect, consequential, exemplary, incidental, special or punitive damages arising out of this Agreement. For the avoidance of doubt, the risk of damage to your computer system or mobile device database arising from access to, or use of, the VMS App and the services will be borne by you.
V. Disclaimer
5.1 We are not liable for any of the following situations.
5.1.1 Monitor, collect and provide your personal information in accordance with the law, or the requirements of relevant government departments.
5.1.2 Disclose any personal information due to your improper use or other reasons of your own.
5.1.3 Any service interruptions, disruptions and other circumstances that cannot meet your requirements due to hacker attacks, computer virus intrusion, illegal content, harassing blocking, government controls, network service quality, information security management measures.
5.1.4 Any penalties and losses from your use of the Service in illegal areas in violation of laws and regulations.
5.1.5 Any losses caused by Third-party such as network service quality, computer breakdown, system instability and force majeure.
5.1.6 Any information contained threatening, defamatory, offensive or illegal contents from anonymous by the use of the Services.
5.1.7 Any psychological and physical harm as well as financial loss by misleading or deceitful interactions between you and other users through the use of VMS App and the Services.
5.2 We are not responsible for any controlling of the Hardware by users through the VMS App, which does not represent any views or policies of us.
5.3 To the extent permitted by applicable laws and regulation, in no event will we be liable under any circumstances for any indirect, consequential, exemplary or punitive damages or for any loss of using our Services. Notwithstanding any provision of this Agreement to the contrary, our entire liability to you, for any reason or in any manner, shall not exceed the fees, if any, for the use of the Services during the registration period.
VI . Intellectual Property Rights
6.1 You should not infringe the intellectual property rights of any Third-party in the course of using the VMS App and the Service. You should not upload, publish, modify, transmit or reproduce any copyrighted materials, trademarks or proprietary information belonging to others unless expressly approved by the owner in writing. If we receive any notice from any copyright owner or its legal representative, we will remove such content that infringes the copyright of owners on the basis of review.
6.2 The copyright of the original content belongs to you during your use of the VMS App and the Services, and you may authorize Third-party to use the content in any manner. The content edited by multiple participants, including but not limited to questions, additional explanations, answer summaries, topic descriptions, and topic structures, all participants agree that the relevant intellectual property rights belong to us.
6.3 Users are not allowed to display or use the above contents in any way unless explicit prior written permission of us. Any organization or individual is not allowed to use, copy, modify, transmit, transcribe or bundle with other products any part of the trademark in any way or for any reason.
6.4 Besides, if you believe that someone has copied and published your work on the VMS App and our Services and has infringed your copyright, please contact us promptly and provide a written statement contained the following information.
6.4.1 Ownership of the infringing content.
6.4.2 ID, address and contact information.
6.4.3 The location of the infringing content on the Services.
6.4.4 The description of the copyrighted work that you claim to have been infringed.
6.4.5 Evidence of your copyright has been infringed.
6.4.6 A statement that what you said in the notice is accurate and real and consent to the consequences of perjury.
VII. Modification and Termination
7.1 Modifications
7.1.1 This Agreement is allowed to change. If this Agreement is changed, we will post the revised Agreement on the VMS App. By continuing to access or use the VMS App and the Services on or after the Effective Date of the revised Agreement, you agree to be bound by the revised Terms.
7.1.2 We reserve the right to modify, reserve or close the VMS App and the Services at any time without notice.
3) You agree that we are not liable for any modification, retention or closure from your use of the VMS App and Services or any Third-parties.
7.2 Termination.
7.2.1 This Agreement will be effective from the date of your acceptance, which will apply to your use of the VMS App and our Services until this Agreement is terminated.
7.2.2 Notwithstanding the foregoing, if you use the VMS App and the Services earlier than the time you accept this Agreement, if you hereby know or should know and agree to this Agreement, then this Agreement shall become effective upon your first use of the VMS App and the Services, unless this Agreement is terminated in advance.
7.2.3 We reserve the right to terminate this Agreement if you infringe the copyright of a Third Party and we are notified by the copyright owner or the copyright owner's legal agent.
7.2.4 We may terminate your access to your account and your use of VMS App and the Services since the termination. We may delete your Content from our database at any time after termination. We are not liable to the termination of your account and the removal of your Content.
7.2.5 Any revised version of the VMS App or upcoming versions, updates or other changes of the Services will be governed by this Agreement
VIII. Miscellaneous
8.1 Feedback
By submitting suggestions to us(or "Feedback"), you assign to us all rights to use the Feedback and its related information in any reasonable manner. We will regard such Feedback as non-confidential and non-proprietary.
8.2 Privacy Policy
8.2.1 We protect your privacy. We will not disclose any personal information or non-public content stored by users in using the services to Third-party, unless (I) in accordance with the applicable laws and regulations, or where required by competent authorities; (II) be explicitly authorized by users in advance.
8.3 Notification
You should provide a valid email address that you have recently and regularly used. Your email address is not available or unable to receive notices for any reason is at your own risk. We are not liable for it. Published by the VMS App and emails containing such notices to you (if any) shall be valid notices without question.
8.4 Governing Law
In the absence of relevant legal provisions, both parties can refer to international business practices and/or commercial practices. If disputes arise between the parties, negotiation can be settled amicably; if not, it shall be resolved in the court with jurisdiction over the place where this Agreement is signed.
8.5 Independence
If certain terms of this Agreement are inapplicable for any reason, the other terms of this Agreement shall continue to apply, and the inapplicable terms will be modified in accordance with the law.
8.6 Completeness
This Agreement (including the Privacy Policy) is the final, complete and exclusive agreement between you and us with respect to the VMS App and the Services, and replaces and consolidates all prior discussions and agreements with respect to such matters (including prior user licenses, terms of service).
8.7 Title
The title of each section is for the convenience of reading only and without any legal or contractual obligation.
8.8 Assignment
You may not assign your rights and obligations under this Agreement without prior written consent of us. Any attempted assignment in violation of the foregoing shall be null and void.
Last modified: January 1, 2022