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1.1. Cloud storage service (the Service) is a value-added service for smart camera devices, which requires a subscription from the application. Once any service plan is activated, the device will automatically start uploading its captured video and/or audio recordings (your data). We only commit to storing your data for a limited time described in the exact cloud storage service plan (the Plan) you choose and may permanently delete your data after your recording period expires (e.g., 7, 14, or 30 days). You can access, download, or delete your data through the application during the subscription period. We acknowledge that you own all rights to your data and these terms do not intend to grant us any ownership rights over your data.
1.2. The plans we offer may vary depending on the circumstances (e.g., different countries or regions). You can activate a plan by making a one-time payment (requires manual renewal), based on the actual plan options you see on the application. The minimum duration for a monthly plan is 30 days, and for an annual plan, it is 365 days. Once the chosen plan is activated, we will continue to provide the service until it expires or is canceled upon your request.
1.3. The device enables you to determine the purpose and means of collecting video and audio signal data. When you enable cloud storage service for your camera through subscription, we may record and process your data based on your instructions, subscription, configuration, and settings.
1.4. You acknowledge that your data is intended solely as a resource to assist you in property security and personal monitoring. Your data may not capture every event or security vulnerability or related incidents at the location where the device is connected, and should therefore be used in conjunction with other appropriate measures for personal monitoring and protecting your own property’s security.
1.5. You acknowledge that there are many factors beyond our control that may affect the recording, live streaming, storage, and access to your data through the service. We do not guarantee uninterrupted or error-free access to the service. If any of your data is lost or damaged to the extent that it is inaccessible, we will take reasonable measures to repair or recover your data free of charge. It is your responsibility to take all appropriate measures to minimize any loss or damage that may occur from any service interruptions, malfunctions, or failures, including ensuring that your devices, which are required to record and transmit your data to the service, are always in operational and functional state.
1.6. You acknowledge that the service should be used solely for the purpose of maintaining the security of your own property, and you are responsible for any abnormal use that may unreasonably infringe on anyone’s privacy (e.g., placing it in a bathroom or restroom).
2.Fees and Payments
2.1. If you activate a plan, you will need to provide detailed payment information, such as an approved credit or debit card (payment instrument), to facilitate the payment. Please note that we do not store payment instruments, but third-party payment methods may (e.g., PayPal). By providing your payment instrument, you authorize us to charge any applicable fees or charges (the Fees) according to your plan.
2.2. You are responsible for keeping the payment instrument details accurate and up to date, such as changing to a different payment instrument or when your payment instrument has expired.
2.3. Cloud storage service is a virtual product and is not eligible for refunds after purchase. It supports transferring this service to other devices. You can contact customer service for assistance with this.
2.4. When using this service, users should comply with all terms and conditions of the “Topcony Cam Cloud Storage User Agreement,” including related sub-agreements, page instructions, or procedural specifications. Users agree to the terms of service for this service and various promotions published by Herman Electronic Commerce Limited for this service. In the event of any conflict between this agreement and the “Topcony Cam Cloud Storage User Agreement,” this agreement shall take precedence.
2.5. The services provided by Herman Electronic Commerce Limited to users are limited to the use of the cloud storage platform. Any actions that separate the services provided by Herman Electronic Commerce Limited from the platform through malicious cracking or other illegal means are not within the scope of services defined by this agreement. The legal consequences arising from such actions shall be borne by the perpetrators, and Herman Electronic Commerce Limited will pursue the legal responsibilities of the perpetrators according to law.
3.1. If you activate this service, you authorize Herman Electronic Commerce Limited to deduct the service fees for the next billing period from your contract account balance when the current billing period is about to expire. The billing period includes, but is not limited to, monthly, quarterly, and annual periods.
3.2. Users are obligated to regularly monitor and ensure that there are sufficient funds in the payment method account to fulfill the application for this service. If the automatic renewal of the service cannot be fulfilled due to the mentioned deficiencies (including, but not limited to, insufficient balance or insufficient balance to cover multiple automatic renewal services selected by the user), Herman Electronic Commerce Limited has the right to suspend the user’s cloud storage service.
3.3. A single automatic renewal order corresponds to one camera device and Topcony Cam account. If there is a change in the Topcony Cam account, the subscription of the old account needs to be canceled and reactivated.
4.1. This agreement becomes effective upon your acceptance or use of the service and remains in effect until you terminate the service.
4.2. Users have the right to terminate this service at any time through the settings in their Topcony Cam account. Upon termination of this service, Herman Electronic Commerce Limited will cease providing this service to the user.
4.3. Herman Electronic Commerce Limited has the right to suspend or terminate this service based on its own business adjustments, price changes, and other reasons. In the event of such circumstances, Topcony Cam will notify users through announcements.
5.1. Users may voluntarily choose to unsubscribe from this service.
5.2. The cancellation process, i.e., turning off automatic renewal membership service steps: Open the Apple phone, go to “Settings,” select “iTunes Store and App Store,” click “Apple ID,” select “View Apple ID” to access “Account Settings,” choose “Subscriptions,” select “Topcony Cam” to cancel the subscription. Instructions for automatic renewal payments entrusted to Herman Electronic Commerce Limited by the user before choosing to terminate the service will remain valid, and Herman Electronic Commerce Limited will not refund the fees deducted based on that instruction. Note: After successfully canceling the automatic renewal package, the rights to the cloud storage service that were effective in the current period will not be affected, and the rights will not automatically renew after expiration.
6.1Herman Electronic Commerce Limited and the user shall seek to resolve any disputes arising from the performance of this agreement through friendly negotiations. If negotiations fail, either party has the right to bring the dispute to the People’s Court at the location of the defendant for litigation. The interpretation, validity, and execution of this agreement shall be governed by the laws of the People’s Republic of China.
7.1Agreement update date: May 18, 2023.