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Wyze Business Solutions Terms & Conditions
Supplemental Terms for Wyze Business Solutions
These Supplemental Terms for the Wyze Business Solutions (these “Business Terms”) are in addition to, and not in lieu of, your rights and obligations under the terms that govern your use of Products and Services (the “Standard Terms”). If you are located in the European Economic Area, Switzerland or the United Kingdom (a “European User”), your Standard Terms are the Wyze Terms of Service for Europe. Otherwise, your Standard Terms are the Wyze Terms of Service. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Statement.
These Business Terms apply to any business or commercial use of the applicable Products or Services. If you do not agree to these Business Terms and the Standard Terms, do not use our Products or Services for business or commercial uses. To the extent there is a conflict between these Business Terms and the Standard Terms or any other Supplemental Terms, these Business Terms will govern such conflict. Capitalized terms used but not otherwise defined in these Business Terms have the meanings set forth in the Standard Terms.
Wyze may make changes to these Business Terms to the same degree that Wyze may make changes to the Standard Terms. See the Standard Terms for more information about how Wyze may modify its terms. These Business Terms may not otherwise be modified or amended, except with the agreement of both parties.
1. Business and Commercial Uses
If you comply with the Standard Terms and these Business Terms, you may, unless otherwise indicated by Wyze, use the Products and Services for your business and commercial uses.
2. Prohibited Businesses
You may not use the Products and Services in connection with the following categories of businesses or institutions:
· any business or institution where protected medical or health information could potentially be accessed, collected and/or recorded by the Products or Services, including but not limited to hospitals, medical clinics, doctor offices, pharmacies and other Health Insurance Portability and Accountability Act (HIPAA)-covered entities, Health Information Technology for Economic and Clinical Act (HITECH)-covered entities, and/or entities covered by similar laws of other jurisdictions; and
· any business or institution that primarily provides services to children under the age of 13, including but not limited to schools and other institutions of learning and instruction, and locations subject to the Family Educations Rights and Privacy Act (FERPA) and/or similar laws of other jurisdictions.
3. Prohibited Locations
You may not use the Products or Services in any locations where individuals with a reasonable expectation of privacy could be recorded by our Products or Services, including but not limited to restrooms, toilets, bathrooms, showers, changing rooms, fitting rooms, dressing rooms, any room assigned to guest or patrons in a motel, hotel or inn, locker rooms, tanning salons, and similar locations.
4. Insurance
This Section does not apply to you if you are a European User. For all other users, you must, for the duration of your use of the Products and/or Services for business or commercial uses, maintain adequate insurance coverage consistent with industry standards for your business or commercial purpose, and upon request from Wyze, to name Wyze as an additional insured under such coverage and to provide written evidence of such coverage to Wyze.
5. Certain Services Not Intended for Commercial Usage
Certain Wyze Services, including Cam Plus, Cam Unlimited, Cam Unlimited Pro and Home Monitoring Service, are intended for residential usage by the occupant at a private residence, home, or apartment. Such Services are not specially designed or intended for commercial or business purposes or to protect or monitor commercial properties or businesses, and use of such Services at a business or commercial property may not operate in the same manner as, and may not have the same or similar features as those in, or advertised for, such Services for residential usage.
IF YOU ARE NOT A EUROPEAN USER AND USE THE SERVICES FOR BUSINESS OR COMMERCIAL USES, HAVE BEEN IDENTIFIED AS A BUSINESS OR COMMERCIAL CUSTOMER, OR PROVIDE A MONITORED PROPERTY ADDRESS THAT IS A COMMERCIAL ADDRESS, YOU HEREBY RELEASE, DEFEND AND HOLD HARMLESS WYZE FROM AND AGAINST ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE, OR OTHER LOSSES, INCLUDING WYZE’S REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR IN CONNECTION WITH, ARISING FROM, RELATED TO, OR CAUSED BY, YOUR PURCHASE, INSTALLATION AND/OR USE OF SUCH SERVICES, OR OTHER DAMAGES OR POTENTIAL DAMAGES DUE TO OR CAUSED IN WHOLE OR IN PART BY, ANY CLAIMS ASSERTED AGAINST YOU OR US IN CONNECTION WITH OR AS A RESULT OF YOUR USE OF SUCH SERVICES OR FOR YOUR LACK OF COMPLIANCE WITH LOCAL LAWS OR REGULATIONS. THE SERVICES ARE NOT DESIGNED FOR USE ON COMMERCIAL PROPERTIES AND YOU ASSUME ANY RISKS RELATED TO YOUR UNAUTHORIZED USAGE. TO THE EXTENT THAT YOU INSTALL AND USE PRODUCTS AND SERVICES AT A LOCATION THAT IS SUBJECT TO HIPAA, HITECH, FERPA, OR SIMILAR LAWS IT IS YOUR SOLE RESPONSIBILITY TO INSTALL AND USE YOUR PRODUCTS AND SERVICES IN A COMPLIANT MANNER.
6. Personal Uses
These Business Terms apply to your use of the Products and Services for business and commercial uses and do not permit you to resell the Products or Services. All uses of the Products and Services for purposes other than business and commercial uses remain subject to the Standard Terms.