Cloud Storage Subscription Agreement

 

Shenzhen Conex Intelligent Technology Co., Ltd (registered address: Office 01, 10 Floor,   Building B2, Phase II,  Creative City, Xiandong Road,Xili Community, Xili Street, Nanshan District, Shenzhen) or its affiliates or subsidiaries   (also referred to as “Conex”, “we”, “us”,  or“our”) hereby remind users to read and understand the Cloud Storage Subscription Agreement (hereinafter referred to as“the Agreement"). This Agreement applies to the mobile and PC applications developed solely or jointly by Conex Users should read through and understand the terms and conditions of the Agreement, especially with those exclusion or limitation clauses to Conex's liability, dispute resolution, and application of the law. Users shall have the right to decide whether or not to accept the Agreement (Minors should be accompanied by their statutory guardian to read and sign up for the Agreement). The use of the Cloud Storage Service (hereinafter referred to as“the Service") will be deemed acceptance of the Agreement and subscription of the Service. If the user does not agree to the Agreement, they should take the initiative to cancel the Service. Conex reserves the right to amend the Agreement, which is effective on the date we provide users with confirmation of their subscriptions or the date on which their subscriptions are renewed, as applicable.

 

1.General provision

1.1 Served as the neutral data storage space, the Service provides users with data storage, synchronization, and management through cloud storage technology. Users should understand that as a neutral technical service provider, Conex only provides users with information storage services.

 

1.2 The type, service standard, and charge basis of the Service are subject to the terms and conditions listed on the interface of the application upon subscription, unless otherwise specified in the Agreement or agreed upon by the parties.

 

1.3 The Agreement is between users (hereinafter referred to as "User"), Conex, and its affiliates concerning the use of the Service.

 

2.Account registration and login

2.2 The application account will be used as the personal identification basis for service usage. Please keep the account and credentials safe and secure. Users shall assume full responsibility for the use of the Service in case of any disputes that may occur.

  1. Service charge

3.1 Users who subscribe to or use the Service shall agree to Conex's charge basis. Users can choose the subscription plans according to their needs, and the charge basis is subject to the pricing announced by Conex.

3.2 Users can pay to subscribe to the Service for extra storage space via the application and they shall understand that the Services provided in the subscription plans are digital products. Once the payment is done, the service will be activated immediately, however, no refunds will be provided for any remaining term.

3.3 When the subscription plan expires, the Service will terminate simultaneously and affect the subsequent use. If users wish to renew the Service, they will need to pay for a renewal separately.

4.Service introduction

 

4.2 The door lock camera will capture and synchronize the photo/video when detected any moving person at the doorway once the Service takes effect. Conex shall not be liable for the synchronization failure caused by an unstable network connection. If users order a 30-day rolling service, the access history of the 1st day will be deleted on the 8th day, and so forth.

4.3 Users should understand that the Services provided in the subscription plans are digital products. Once the payment is done, the service will be activated immediately, no modification is supported. And if users need to change to a new subscription plan, they shall order a new plan separately.

4.4 A subscription plan shall bind to a device. If an existing device has a subscription plan in effect and is to bind to a new account, no refund is available for the original subscription plan, but the service will not be terminated. The new account can keep using the original subscription plan when it is bound to the existing device until the subscription plan expires.

e.g. if user A ordered a subscription plan for a device and then unbound it, user B can continue to use the service once bound to the same device.

  1. Terms of Use

5.1 You may use the Service following the terms and conditions against this agreement and under the premise of complying with related laws, and you are not allowed to perform the following acts:

5.1.1 Delete the information about the copyright, modify, delete, or circumvent the technical measures for intellectual property protection;

5.1.2 Engage in reverse engineering, including disassembling, decompiling, or any other attempts to obtain the source code of the cloud storage service.

5.1.3 Add, delete, or change the functionality or operational effects of the Service by modifying or counterfeiting commands or data during operation, operate or disseminate the software and methods used for the above purposes to the public, regardless of whether these acts are for commercial purposes.

5.1.4 Any act that endangers network security, including but not limited to the use of unauthorized data or access to unauthorized servers/accounts; access to the public network or another person's operating system to delete, modify, or add stored information without permission; attempt to probe, scan, or test the Service or networks without permission; attempt to interfere with or disrupt the operation of the Service or Website; intentionally spreading malicious programs or viruses and other acts that might disrupt and interfere with the operation; counterfeiting TCP/IP packet names or partial names;

5.1.5 Log in or use the Service through any third-party compatible software or systems that are not developed, authorized, or recognized by Conex, or create, publish, and disseminate the above tools;

5.1.6 Without the written consent of Conex, the user's unauthorized implementation of the Service and the information therein includes but is not limited to use, lease, lend, copy, modify, link, reproduce, compile, publish, establish a mirror site, and develop derivative products, works, services, plug-ins, cheating programs, compatibility, interconnection, etc.

5.1.7 Use the Service to publish, transmit, disseminate, or store contents that violate the local laws, including but not limited to the acts to publish, transmit, distribute or store the contents that violate national laws, endanger national security, social stability, public order and morality, or any content that is inappropriate, insulting and defamatory, obscene, violent or any content that violates the national laws and regulations and policies;

5.1.8 To publish, transmit, disseminate, or store contents that infringe on others' legitimate rights such as intellectual property and commercial secrets by using the Service;

5.1.9 Batch publish, transmit, and disseminate advertising information and spam by using the Service;

5.1.10 To use the Service and other services provided by Conex in any illegal way, for any illegal purpose, or in any way inconsistent with the provisions herein.

5.2 Rules of Information Release

5.2.1 Users shall promise that they own the intellectual property rights of the uploaded content via the Service or had been granted, and any behavior of using the Service shall not infringe on the legitimate rights and interests of any third party.

5.2.2 Users should abide by local laws and regulations when using the Service.

5.2.3 Users shall not engage in the following acts while using the Service, including but not limited to:

5.2.3.1 Users may not produce, reproduce, publish, disseminate, or store content that violates local or national laws and regulations.

5.2.3.2 Users may not publish, transmit, disseminate, and store contents that infringes on other people's legal rights such as reputation rights, portrait rights, intellectual property rights, and trade secrets.

5.2.3.3 Users may not fabricate facts, conceal the truth to mislead or deceive others;

5.2.3.4 Users may not publish, transmit, and disseminate advertising and spam information;

5.2.3.5 Users may not engage in other acts that violate the local laws and regulations.

5.2.4 Users shall not conduct any commercial activities such as posting advertisements, selling merchandise through the Service without the permission of Conex.

5.3 Users shall understand and agree that:

5.3.1 Conex reserves the right to determine whether the user is failing to comply with the above Rules of Information Release, and based on the decision, Conex may suspend or terminate the user's access or take other restrictive measures under this Agreement;

5.3.2 If the user released the information that is suspected of violating the laws, the legal rights of others, or this agreement, Conex will delete the device directly, namely by forcibly remove the device under the user account. After that, users cannot view the videos on the App even when connected.

5.3.3 If the user's violation of the above Rules of Information Release causes damage to a third party, the user shall take the full legal liability, and ensure that Conex shall be exempted from losses or additional expenses arising thereof.

5.3.4 If users violate the relevant legal provisions or the Agreement, causing losses to Conex, being claimed by a third party, or being punished by the administrative authorities, users shall compensate Conex for the losses and costs incurred, including reasonable attorney's fees, investigation, and evidence costs. 

  1. Breach of the Agreement

6.1 Conex has the right to judge whether the users’acts comply with the defined terms of the Agreement. If the users violate the relevant laws and regulations or the provisions of this Agreement, Conex has the right to delete the information, restrict, suspend, terminate the users’access to the Services, investigate the legal responsibility of the user, and take other measures that Conex considered to be appropriate without prior notice. In case of any losses borne by Conex (including but not limited to the receipt of any third-party claims or penalties from any administrative authorities), users shall bear full responsibility.

  1. Service Risk and Disclaimers

7.1 Conex shall not be liable for any data lost or losses caused by the user's failure to back up before the Service expires.

7.2 Conex and its affiliates shall take no responsibility for any losses caused by third parties such as communication line failure, technical issues, network connection, computer terminals, equipment errors, system instability, and other reasons that might belong to force majeure.

7.3 Like most cloud services, the Service is subject to various factors including but not limited to user reasons, network stability, social environment, etc., and may be interrupted by various security issues, such as harassment due to data breach, information and data security threat due to "Trojan horses" contained in downloaded and installed software or   websites, which affect the use of the Service. Users shall raise awareness of information security and data protection, as well as credentials protection to avoid loss and harassment.

7.4 To defend the autonomy of the business development,Conex hereby reminds users that we reserve the right to update or modify this Agreement at any time without prior notice, please follow and be subject to the latest version released by us.

7.5 Unless otherwise provided by the laws and regulations, Conex will make every effort to ensure that the technology and information involved are secure, valid, accurate, and reliable, but under the limitation of the existing technologies, users shall understand that we cannot guarantee all of this.

7.6 Users are solely responsible for personal injury or incidental and consequential economic damages, including but not limited to, profit loss, data loss, damages caused by the Service suspension, or other commercial damages or losses arising from or in connection with any of the following circumstances:

(1) With or without access to the Service.

  • Any third party uses the Service or modify the user data without permission;
  • Expenses and losses incurred by using the Service;
  • User's misunderstanding to the Service;
  • Other losses not caused by Conex that is in connection with the use of the Service;

7.7 The users agree that Conex has the right to suspend, interrupt or terminate the access of all or part of the Service based on the requirements of the judiciary, regulatory authorities, supervisory agencies or its own business reasons. Conex shall not be liable for this.

7.8 The users understand and agree that Conex will take reasonable measures to ensure the data security in the Service, but Conex cannot completely guarantee for this, and the users shall understand that Conex is not liable for the data deletion, storage, or backup failure.

  1. Intellectual Property

8.1 As the owner of intellectual property rights of the Service, Conex owns all copyrights and patents of the Service. All information related to the Service (including but not limited to text, picture, audio, door lock, charts and tables, interface design, layout frame, related data or electronic files, etc.) are protected by local laws and regulations and corresponding international treaties. Conex possesses the aforementioned intellectual property rights.

8.2 Without the written consent from Conex, users shall not implement, utilize or transfer the above intellectual property rights by themselves or grant to any third party for any commercial or non-commercial purpose, and Conex reserves the right to pursue legal responsibility for the above acts.

 

  1. Terms of Use for Minors

9.1 If the user is a minor, he/she shall read the Agreement and use the Service under the supervision, guidance and consent of a guardian.

9.2 Notes for the minors:

9.2.1 Minors who use the Service should learn to use the Internet correctly within a reasonable range under the supervision and guidance of their guardians, avoid indulging in virtual network space, and develop good Internet habits.

  1. Agreement Amendment

10.1 Conex reserves the right to alter the clauses above at any time without prior notice, and once the amendment is made, it will be published on a specific page. Users shall be responsible for regularly checking for any change to the clauses.  If you do not agree with the changes, please take the initiative to cancel the service. Your continued use of the Service after such changes are released shall be deemed as your acceptance of the said changes.

10.2 Conex and its affiliates reserves the right to modify or change the charge service, charge basis, charge methods, service charge and service terms when necessary. Conex and its affiliates will exert their best efforts to notify users of such modifications or changes by email or other means.

 

  1. Applicable Laws & Jurisdiction

11.1 The validity and interpretation of the provisions of this Agreement shall be governed by the laws of the jurisdiction where the Service is activated. In the absence of specific legal provisions, reference shall be made to international commercial practices and/or customary practices.

11.2 Users and Conex agree that any dispute under or in connection with the use of the Service shall be resolved amicably. If the dispute cannot be resolved amicably, either party can submit the dispute to the court with competent jurisdiction where Conex is located.

  1. Miscellaneous

12.1 Conex shall notify users about the changes of the Service, service modification and/or other important matters via email, SMS or web announcement or in a manner that Conex thinks is appropriate. After Conex informs users the changes by any of the above means, the changes will be deemed to be accepted if users do not raise any written objection within 3 days.

12.2 There may be a separate agreement or related business rules, etc. (hereinafter collectively referred to as "separate agreement") available for a certain service included in the Service. Users shall read and agree to the separate agreement before using the Service.

12.3 The Agreement was updated on June 5, 2023.

12.4 The titles of all clauses of the Agreement are for the convenience of reading only, which shall have no implied meanings, and cannot be used as the basis for interpretation of the meaning of this Agreement.

12.5 If the partial terms of this Agreement are invalid or unenforceable for whatever reason, the remaining terms shall remain valid and binding on both parties.