Provision Home User Agreement
General
You control who sees your cameras and content.
Provision Home is designed to provide a way for you to
view the content captured with your Provision-ISR’s battery cameras. You
control the access to your cameras and stored content. Provision Home app
offers various services plans, which include: remote viewing of your Provision
Home cameras, automatic recording when motion is detected, motion alerts (with
links to the associated videos), video clips that are sent to your smart
device, and video storage. Through settings in your Provision Home 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 basic
features or add additional features to your Provision Home app.
Age
You must be at least 18 years of age to sign up for
Provision Home, and by signing up for Provision Home you confirm that you are
at least 18 years old. The Provision Home System does not knowingly collect or
solicit personal information from anyone under the age of 18, and Provision
Home does not knowingly allow such persons to register for Provision Home. If
you are under 18, do not attempt to register for the Provision. No one under
age 18 may provide any personal information to Provision Home 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. If you believe that we have any information from or about a child
under 18, please contact us at info@provisionisr.com.
To read the complete Provision Home Terms of Service
please see below.
Introduction
Welcome to Provision Home. By using it you understand
that:
(a) the Provision Home cameras and the personal video
network (referred to herein as the “Provision Home System"); and
(b) the Provision Home websites and any associated
subscriptions, content services, accounts, streaming video sites, and all other
web services associated with the Provision Home product.
((a) and (b) above being collectively referred to
herein as the "Provision Home Services")
1. Terms of Service
Your registration to Provision Home through the
Provision Home app, as well as use of the Provision Home Services, is subject
to the provisions of these Terms. Any software component embodied in the Provision
Home System is licensed to you, and not sold.
Provision Home may at its discretion change these
terms. any changes made to provisions of these terms will be updated on the
Provision Home app. We encourage you to periodically check the Provision Home app
for the current version of these terms. if you are dissatisfied with any
changes to these terms, you may cancel your use of Provision Home services in
accordance with section 12 of these terms. your use of the Provision Home
services following notification of the change to the terms constitutes your
acceptance of the terms, as modified.
2. Registration Information
Registration of your Provision Home is required. To
register, you must provide the following "User Information":
(i) 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. Provision Home may terminate your account if you provide Provision
Home with inaccurate or incomplete information. You also certify that you are
legally permitted to use and access the Provision Home Services. These Terms
are void where prohibited by law, and the right to access the Provision Home
Services is revoked in such jurisdictions.
Provision Home respects the privacy of your User
Information and will safeguard the User Information in accordance with the
Provision Home Privacy Policy located at the app info page. We encourage you to
review the Privacy Policy frequently. Provision Home 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 Provision
Home'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 Provision Home account. Certain features of the Provision
Home Services may not be available if you restrict the collection, storage, or
use of your User information.
3. Member account, password and security
You will create a password and account designation
during the Provision Home 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
(a) immediately notify Provision Home of any
unauthorized use of your password or account or any other breach of security
and
(b) ensure that you exit from your account at the end
of each session.
Provision Home will not be liable for any loss or
damage arising from your failure to comply with this Section 3. Provision Home
may refuse registration of or cancel Provision Home account designation in its
discretion.
4. Third-Party content
Provision Home 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
Provision Home 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 Provision Home will have no liability
to you or anyone else who uses your Provision Home with regard to any
Third-Party Content. You also agree and declare that the Provision Home 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.
Provision Home may terminate the accounts of users of
any Provision Home 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. Provision Home may
terminate the Provision Home 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.
5. Changes to your Provision Home Service
To the extent possible under the governing law,
Provision Home may, at its discretion and without notice or user permission,
change, add, or remove features and functionality of Provision Home Services.
If you are dissatisfied with any material changes to the Provision Home
Services during a subscription, you may immediately terminate your use of the
Provision Home Services. Provision Home is under no obligation to provide any
or all features and functionality to your Provision Home System and may, at its
discretion, discontinue the provision of software updates to certain Provision
Home devices. Because different Provision Home devices may support different
features and functionality the level of service Provision Home provides may not
be the same for each Provision Home device.
6. Service Eligibility/Parental Advisory
Use of the Provision Home Services requires that your
Provision Home System has access to an always-on, broadband internet
connection. To enable the Provision Home Services all Provision Home Systems
must be registered at Provision Home apps, such as the official Provision Home
iOS and Android apps. Provision Home services are intended for users who are at
least 18 years of age or older.
7. 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 Provision Home, are
entirely responsible for all Content that you capture, upload, post, email,
transmit or otherwise make available via the Provision Home Services.
Provision Home does not control the Content posted via
the Provision Home Services and, as such, does not guarantee the accuracy,
integrity or quality of such Content. Under no circumstances will Provision
Home be liable for any Content, including but not limited to,
(b) 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 Provision Home Services including viewing, copying or
redistribution of the Content;
(c) loss or destruction of Content; or
(d) failure to comply with any and all applicable
federal, state, and local laws with respect to use of the Provision Home
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 Provision Home 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 Provision
Home Services.
You agree not to use the Provision Home 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 Provision Home 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 Provision Home Services or servers or networks connected to the
Provision Home Services (including without limitation denial-of-service
attacks) or disobey any requirements, procedures, policies or regulations of
networks connected to the Provision Home Services; intentionally or
unintentionally violate any applicable local, state, national or international
law.
Provision Home does not view your private photographs
or videos without your permission, but you agree that Provision Home 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 Provision Home Services. Provision Home may also refuse or
remove Content from the Provision Home Services that may violate the Terms,
such as those prohibitions listed in Section 7.
Without limiting the foregoing, Provision Home will
have the right at any time to remove any Content that violates these Terms, is
illegal, or Provision Home 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.
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 Provision Home 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
(a) comply with legal process, including without
limitation subpoenas and search warrants
(b) enforce these Terms
(c) respond to claims that any Content violates the
rights of third parties
(d) respond to your requests for customer service or
(e) protect the rights, property or personal safety of
Provision Home, its users and the public.
You understand that the technical processing and
transmission of the Provision Home Services, including your Content, may
involve
(a) transmissions over various networks and
(b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You understand that the Provision Home Services and
software embodied within the Provision Home 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 Provision Home and/or content
providers who provide content to the Provision Home Services.
You may not attempt to override or circumvent any of
the usage rules embedded into the Provision Home Services. Any unauthorized or
illegal reproduction, publication, further distribution or public exhibition of
the materials provided on the Provision Home Services, in whole or in part, is
prohibited.
8. Content submitted or made available for inclusion on the
Provision Home Services
Provision Home does not claim ownership of Content you
submit or make available for inclusion on the Provision Home Services.
Nevertheless, as permitted through the functionality of the Provision Home
Services and under these Terms, you grant Provision Home 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 Provision
Home Services, or for archival and legal purposes.
When you use a third-party application, the
application may ask for your permission to access your Provision Home 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 Provision Home do not affect your ownership of or right to grant additional
licenses to the material in your Content, unless otherwise agreed in writing.
9. Internet service provider and cell phone charges
The Provision Home 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 Provision Home 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. Provision Home 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.
10. Using the Provision Home Services
You may access and use the Provision Home Services
only with a Provision Home System that is authorized to communicate with the
Provision Home Websites. You agree not to tamper with or otherwise modify your
Provision Home System. Except as expressly provided in these Terms, you may not
transfer the Provision Home Services or the right to receive them. By using the
Provision Home Services you agree to receive all software updates and upgrades
that Provision Home sends to your Provision Home System. If you disable the
automatic upgrade feature of the Provision Home System then certain
functionality of the Provision Home System may be adversely impacted. Even if
you disable the automatic upgrade feature of your Provision Home System,
Provision Home may still implement critical Provision Home System updates;
updates for Provision Home applications running on your iPhone or Android
phone; and Provision Home back end service updates. If your Provision Home
System accesses the Provision Home Websites (regardless of your payment or
subscription status) you acknowledge and agree that you are a user of the
Provision Home Services and are bound by the provisions of these Terms.
11. Termination of service
You may request termination of your account and your
right to use the Provision Home Services at any time without limitation. The
Provision Home Services will be terminated within approximately 5 business days
after your request. Any unused Provision Home 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 Provision Home'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, Provision Home 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 Provision Home
Services, and/or if you alter your Provision Home System or use the Provision
Home Services or software in such a manner as to infringe upon the intellectual
property rights of Provision Home and/or its subsidiaries and affiliates or any
third party.
In addition, Provision Home may terminate your account
and these Terms for any other reason if Provision Home 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 Provision Home Services before
termination, and Provision Home will give you a pro-rated refund of any of your
paid for, but unused, Provision Home Services fees that will remain unused because
of Provision Home's termination under this method of termination. Termination
of the Provision Home 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.
12. Notice
Provision Home may provide you with notices, including
those regarding changes to these Terms, by email, regular mail, text message,
postings or updates to the Provision Home Websites or other reasonable means
now known or hereinafter developed.
13. Title to software and intellectual property
You may need to use certain software programs in your
Provision Home System to use or have full access to certain features of the
Provision Home Services. You are required to accept and use the software
included in your Provision Home System at the time of purchase and other
software programs that may be delivered to your Provision Home System by
Provision Home from time to time. Provision Home and/or its subsidiaries,
affiliates, and licensors retain title to and ownership of all the software for
the Provision Home System and certain intellectual property rights in the
Provision Home System. Provision Home and/or its affiliates also retain
ownership of all Provision Home copyrights, trademarks and other intellectual
property. In the case of third-party software delivered by Provision Home
and/or its subsidiaries and affiliates to the Provision Home 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 Provision Home System or the software of the Provision
Home System is strictly prohibited, unless such prohibition is not allowed
under the applicable law. If you install any Provision Home 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.
14. Notice and procedure for making claims of copyright or
intellectual property Infringement
Provision-ISR respects the intellectual property of
others and we require our users to do the same. Provision-ISR 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 Provision-ISR 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 address, telephone number, and 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.
This information should be sent to
info@provisionisr.com
15. 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.
16. No resale of Provision Home Services
You agree not to reproduce, duplicate, copy, sell,
trade, resell or exploit for any commercial purposes any portion of the
Provision Home Services (including your Provision Home ID), use of the
Provision Home Services or access to the Provision Home Services.
17. Indemnity
You agree to defend, indemnify and hold harmless
Provision Home 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 Provision Home and its subsidiaries and
affiliates or the provision home services, relating to or arising out of your
breach of any provision of these terms, your misuse of the Provision Home OR
Provision Home services, or your unauthorized modification or alteration of
Provision Home products or software.
18. Limitations of Provision Home's liability
Under no circumstances will Provision Home 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 Provision Home
Services.
Provision Home'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
Provision Home. 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 Provision Home, 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 Provision Home 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 Provision Home's liability in the event of Provision Home's willful or
intentional misconduct. Moreover, if Provision Home mistakenly or wrongfully
overcharges your account, this section does not limit Provision Home's ability
to refund such mistakenly or wrongfully overcharged amounts.
19. Contact
Provision-ISR Ltd. is responsible for delivering the
Provision Home Services.
Thus, if you have any questions, complaints, or claims with
respect to the Provision Home Services, you may contact us at:
info@provisionisr.com