Supplemental Terms for the Wyze Cam
Supplemental Terms for the Wyze Cam
Effective: May 15, 2020
- A. Use of Wyze Cam Products And Services
- B. User Recordings
The following Supplemental Terms for the Wyze Cam (“Wyze Cam Terms”) apply to your use of the Wyze Cam Products (defined below). These Wyze Cam Terms are in addition to, and not in lieu of, your rights and obligations under the Wyze Terms of Service [hyperlink] (the “Standard Terms”), and the Standard Terms are incorporated by reference herein. If there is a conflict between these Wyze Cam Terms and the Standard Terms, the Wyze Cam Terms will control for that conflict.
For the purpose of the Wyze Cam Terms, “Wyze Cam Product” means the Wyze Cam Black, the Wyze Cam, the Wyze Cam v2, the Wyze Cam Pan, the Wyze Cam Outdoor and any other Product released by Wyze which can transmit or record audio and video. Other capitalized terms not defined in the Wyze Cam Terms have the meanings assigned to them in the Standard Terms.
By accessing, purchasing, or using any of our Wyze Cam Products or any Services which interact with Wyze Cam Products, you accept and agree to be bound by these Wyze Cam Terms. If you do not agree to these Wyze Cam Terms, do not use our Wyze Cam Products or related Services.
1. USE OF WYZE CAM PRODUCTS AND SERVICES
A. Use in Compliance with Law; Recording and Privacy
It is your responsibility to comply with all applicable laws and regulations when using the Wyze Cam Products and Services, including but not limited to any laws or regulations (i) relating to the recording, transmission, interception or sharing of video or audio content; (ii) analysis conducted and data generated in order to detect the presence of a person; and (iii) requiring notice to or consent from third parties with respect to your use of the Wyze Cam Products and related Services. Additionally, it is your responsibility to comply with all applicable laws when disposing of a Wyze Cam Product. For more information about recycling Wyze Cam Products visit recycling.wyze.com.
Unless specifically authorized by Wyze in writing, all Wyze Cam Products and related Services are intended for purely personal use in or around your home. These Wyze Cam Terms do not permit you to use Wyze Cam Products in a business or a workplace. Nonetheless, data protection and privacy laws where you live may impose certain responsibilities on you and your use of the Wyze Cam Products and related Services. Before using any Wyze Cam Products or related Services, it is your obligation to determine whether your intended use is subject to any data protection or privacy laws, and to comply with such laws at all times. For more information about how we collect, use, share and otherwise process information about you, see our Privacy Statement.
If your use of the Services or any Wyze Cam Product is prohibited by applicable laws, then you aren’t authorized to use the Services or Wyze Cam Products.
B. Wyze Cam Product Set-Up and Installation
Installation and configuration of the Wyze Cam Product is your responsibility. You should install the Wyze Cam Product in accordance with the installation instructions provided in the Quick Start Guide included with the Wyze Cam Product. You are also responsible for selecting the installation location for the Wyze Cam Product. After installing and configuring the Wyze Cam Product, you should confirm it is working by testing it.
All Wyze Cam Products (other than the Wyze Cam Outdoor) are for indoor use only. The Wyze Cam Outdoor is the only Wyze Cam Product certified and approved by Wyze to be used outdoors. You will only use Wyze Cam Products in accordance with the Product’s Quick Start Guide and other warnings and instructions provided by Wyze for its indoor [hyperlink to product warnings for indoor Wyze Cam Products] and outdoor [hyperlink to product warnings for the Wyze Cam Outdoor] Wyze Cam Products.
You will not rely on Wyze to install, repair, maintain, or monitor the Wyze Cam Product; Wyze cannot, and does not, ensure that the Wyze Cam Product is installed or used correctly or in compliance with any applicable laws. It is solely your obligation to advise Wyze if there is an issue with the Wyze Cam Product, and you, without limiting other releases in these Wyze Cam Terms, hereby release Wyze from any damages, losses or expenses resulting from or as a consequence of issues related to the installation or use of the Wyze Cam Product. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
2. User RECORDINGS
A. Content Submission and Use
Wyze does not claim ownership of audio or visual recordings made using the Wyze Cam Products (“User Recordings”). Other than the rights you grant to us under these Wyze Cam Terms and under the Standard Terms, you retain all rights you have in your User Recordings. However, you give Wyze the right, without any compensation or obligation to you, to access and use your User Recordings on your behalf to provide Services to you and as otherwise set forth in our Privacy Statement.
B. Retention, Storage and Deletion of Content
Although we have no obligation to screen, edit or monitor User Recordings, we may delete or remove User Recordings at any time and for any reason with or without notice.
Except (i) as prohibited by applicable law, (ii) as specified in our Privacy Statement or (iii) as otherwise agreed to by Wyze in writing, Wyze reserves the right to retain User Recordings (whether or not displayed or accessible through the Services). Except for when we have committed in writing to keeping certain User Recordings you upload through the Services accessible for a set period of time, we provide no guarantees that your video will remain accessible for any specific period of time and have no obligations or liabilities with respect to the availability of your User Recordings. Do not rely on the Services for the storage of any User Recordings; we encourage you to independently arrange for separate saving, back up or storage of any video or other content that you want to retain or have access to.
Please be aware that we may be subject to subpoenas, court orders, laws and regulations that require us to retain and/or disclose your User Recordings or other User Content to law enforcement, regulatory authorities or other governmental entities or pursuant to judicial proceedings. Please see our Privacy Statement.