Important Notice: Shenzhen Gospell Smarthome Electronic Co., Ltd. (“Gospell” for short) hereby reminds you to carefully read and fully understand the “GOSCAM User Agreement” (the “User Agreement”).
Please carefully read and fully understand the contents of this User Agreement (this “Agreement”) prior to use of services provided by GOSCAM. If you cannot accept all terms and conditions of this Agreement, please do not register, login and use the services provided by GOSCAM. Once you register, log in, and use the services provided by GOSCAM, you agree to be bound by all the terms and conditions of this Agreement.
This Agreement is a contract between you (the “User”) and Gospell regarding registration, login and use of services provided by GOSCAM. This Agreement specifies the relevant rights and obligations between Gospell and the User regarding services provided by GOSCAM. A user is a unit or individual that registers, logs in, or uses this agreement.
This Agreement may be updated at any time by Gospell, and once released the terms and conditions contained in the updated Agreement shall supersede the terms and conditions contained in the original Agreement. Users can view the latest version of the Agreement at www.goscam.com. If a user does not accept the modified Agreement, you can stop using the services provided by GOSCAM. However, if the user continues to use the services provided by GOSCAM after this Agreement has been modified, it shall be deemed that the User has accepted the modified Agreement.
1. GOSCAM Cloud Service Introduction
1.1 GOSCAM Cloud Service is a platform built for providing users with video viewing services, and the platform itself does not directly produce any content. After registering, the User can connect their monitoring device to the platform and gain access to the real-time video or recorded videos in corresponding place. The User can add or remove monitoring devices to be connected to the platform according to their needs, and devices related to this service and cost shall be undertaken by the User.
2.1 Gospell fully respects the privacy rights of users and will take reasonable measures to protect the user's personal privacy information. Without the user's consent, Gospell does not disclose their personal information to public or third parties, except in the following cases, namely:
(1) Obtain explicit consent from the user in advance;
(2) In accordance with the relevant laws and regulations;
(3) In line with the requirements of government departments with authorities granted by law;
(4) To protect the interests of the public;
(5) To protect the legitimate rights and interests of Gospell;
2.2 To provide users with a better user experience and improve the quality of service, Gospell may cooperate with a third party to provide users with relevant services. In this case, if the third party agrees to undertake the same obligations with Gospell to protect users’ privacy, Gospell can provide users’ personal information to the third party.
2.3 On the premise of not disclosing individual user’s privacy information, Gesell has the right to analyze the entire user database and to make commercial use of the user database (including but not limited to publication, analysis or other use of user visits, access periods, user preferences and other user data and information).
3. Legal Liability and Disclaimer
3.1 The User explicitly consents to the potential risks caused by use of Gospell product and fully takes the consequences, and Gospell does not undertake any liability for them. If a User violates any of the relevant laws, regulations or any of the terms and conditions of this Agreement, depending on their nature of acts, Gospell has the right to take corresponding measures without prior notice to the User, including but not limited to, discontinuing services, restricting use, freezing or deleting the user's account, terminating services, investigating and affixing legal liability and others, and the user agrees to bear any liability for damage to Gospell or any third party.
3.2 Gospell services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. To the maximum extent permitted by applicable law, Gospell disclaims express and implied conditions and warranties including, but not limited to warranties of site (www.goscam.com) applicability, stability, no virus, no negligence or no technical defects, ownership and non-infringement. In addition, Gospell does not guarantee that the services provided will meet the requirements of the user, nor does it guarantee that the services provided will not be interrupted, and make any warranty of the timeliness, safety, error of services and whether information can be transmitted accurately, timely and smoothly.
3.3 The service may contain links to third-party websites or resources. Gospell makes no representations and warranties of the availability, accuracy, related contents, products and services of these links, nor does it undertake any liability for those. The user shall undertake full liability for any use of such websites or resources.
3.4 To the maximum extent permitted by applicable law, Gospell is not liable for any accidental, indirect, special or consequential damages or requests arising out of or in connection with the services provided by Gospell or in any respects with the services rendered (including but not limited to damages caused by personal injury, privacy leak, failure to perform any liability, including good faith or reasonable prudence, negligence and any other loss of money or other losses).
3.5 Users understand and accept that use of Gospell services involves Internet services, may be affected by unstable factors in various aspects, and is subject to service interruption, service block and other risks that cannot meet the requirements of user, arising out of or in connection with force majeure, computer viruses, hacker attacks, system instability, user location, shutdown, illegal contents, harassment information shielding and any other network, technology, communication lines, computer failures, information security management measures and other reasons, and agree to assume above risks. Gospell does not have to undertake any liability for user's failure to receive video data, or to receive erroneous data, or suffer losses thereof.
3.6 Gospell does not accept any liability for any dispute arising out of third-party software or technology used by the Service, which is to be resolved by the third party. Gospell does not provide customer support for the third-party software or technology. If the user needs support, please contact the third party.
4. Interruption or Termination
4.1 Gospell is not liable to the user or to the third party if any of the following conditions arise, resulting in service interruption or termination:
(1) Regular service or maintenance of platform, update of hardware and software;
(2) Server is damaged and does not work properly;
(3) Sudden failure of hardware and software equipment and electronic communication equipment;
(4) Network provider line failure or other failures;
(5) To maintain national security or the personal and property safety of other users and third parties in the case of an emergency;
(6) Force majeure and other third-party reasons;
4.2 In addition to the circumstances described in the preceding paragraph, the User agrees that Gospell has the right to interrupt or terminate part or all of the Services by website notice 15 days in advance, and does not undertake any liability for losses caused to users or third parties.
5. Other Terms
5.1 If any terms stated in this Agreement are partially or fully invalid, the effectiveness of other terms is not affected.
5.2 All titles of this Agreement have no actual meanings in themselves and shall not be construed as a basis for the interpretation of the meaning of this Agreement.
5.3 The interpretation, effectiveness and dispute resolution of this Agreement are applicable to the laws of the People's Republic of China. If there is any dispute or controversy between the user and Gospell, it shall first be settled by amicable negotiation and if negotiation fails, the user agrees to submit the dispute or controversy to the court with jurisdiction in the place where Gospell locates.
5.4 Gospell reserves the right of interpretation of this Agreement.