Terms of Service

Acceptance of Terms

These Terms and Conditions (herein after referred to as “Terms”) constitute a legal agreement between you and Cloud9 Cameras and governs the use of the Cloud9 Cameras web based video application (herein after referred to as “Services”). Before you may use any of the Services, you must agree to these Terms. If, for any reason you do not agree, do not subscribe to any Service. By clicking the “I agree” radio button when purchasing a Service, you are agreeing to accept these Terms. As such, you represent that you are at least eighteen years of age and capable of entering into a legal agreement.

Grant of License

Subject to the terms of this agreement, Cloud9 cameras grants you a nonexclusive and limited license for personal and non-commercial purposes. You acknowledge that you are not entitled to any ownership of the programming code, and that the software is licensed and not sold. You agree that you will not attempt to distribute, (a) sell, rent, outsource or make the Services available to any third party, (b) alter or remove any trademark, logo or symbol, or (c) reverse compile or reverse engineer any portion of the software.

Software Services & Alerts

You acknowledge that the Service is being provided on an “as available” basis, and are not implied to be 100% available. You acknowledge and understand that communication of video is subject to a valid connection from your premises to the Cloud9 Cameras Cloud Storage Server via a broadband connection. In the event the broadband connection is interrupted by any means whatsoever, you understand that no video images will be transferred to the Cloud9 Cameras Cloud Storage Server during the period of interruption. If you subscribed to mobile alerts and/or email notifications, you acknowledge that it is your responsibility to maintain the mobile devices and email service(s) at your expense. It is also your responsibility to update the Cloud9 Cameras website should any of your contact information change.

You acknowledge and understand that Service being provided is not a monitored, emergency notification service, and that Cloud9 Cameras does not monitor any video or notifications and does not dispatch any authorities to your home or business in the event of an emergency. You agree that you will not use the notifications for any life safety or critical condition purposes, as they are not intended to be a third-party emergency monitoring and notification system.

Payment

You are fully responsible for payment of all subscription fees and applicable taxes associated with your account. You may review all subscription fees on the Cloud9 Cameras website. These fees may be changed from time to time. Payment for all subscription plans is made in advance. Failure to pay any fee when due will be considered a breach of this agreement. Payment may be made via American Express, Discover, MasterCard or Visa.

Billing Period

You have the option of choosing your subscription plan and period. A billing period begins immediately upon the successful processing of a payment and will automatically reoccur upon expiration of the selected time period. For example, if you opted to pay monthly for your subscription and your initial activation/payment date was June 10, your next payment will be due on July 10, then August 10 and so on.

Term and Termination

You are under no obligation to maintain your service for longer than one month at a time. You may delete an individual camera, any individual site or your entire account at any time and for any reason. To cancel your account, you must submit notice to Clous9 Cameras through the link on the website. Cloud9 Cameras may at any time, and without prior notice suspend or terminate your access to your account, a portion of your account or your account entirely if you are in violation of these Terms.Any suspension or termination shall be made by Cloud9 cameras in its sole discretion, and Cloud9 Cameras will not be responsible to you or a third party for any damages that may result from the suspension or termination. Upon termination, all data and video will be deleted immediately and you will lose access to your account.

Refund Policy

Payments made for a current month are non-refundable. If you paid annually, you may request a refund for the period of time which has not started yet. Example: You purchased an annual subscription and decided to cancel in the third month. We will refund the remaining nine months. Requests must be emailed to billing@cloud9cameras.com.

Restrictions

You agree that you will not use the Service or website in a manner to:

  1. Violate the intellectual property rights of Cloud9 Cameras or any third party.
  2. Violates any law, statute, ordinance or regulation.
  3. Cause harm or damage to another person or property.
  4. Represent yourself as someone else (including an entity).
  5. Gain unauthorized access to any account, computer or network connected to Cloud9 Cameras by means of password mining, computer hacking or other means.
  6. Transmit, record and/or store video that is sexually explicit, facilitates illegal activity or violence, is from private areas (example: bedrooms, restrooms, dressing rooms).

Indemnity

You agree to defend, indemnify and hold Cloud9 Cameras, its affiliates, directors, officers, employees, partners, agents, harmless from any claim or demand, including attorney’s fees, made by a third party, due to or arising from (a) your use of the products or services, (b) your violation of these Terms, or (c) your violation of any law or the rights of a third party. This obligation shall survive the termination of this agreement.

Limitation of Liability

In no event will Cloud9 Cameras, its affiliates, directors, officers, employees, partners, associates or agents be liable to you for any direct, indirect, incidental, consequential or exemplary damages, including, but not limited to damages for lost data or lost profits arising from or relating to the services or the products, even if Cloud9 Cameras knew or should have known of the possibility of such damages, and Cloud9 Cameras total cumulative liability arising from or related to the products and services whether in contract or tort, exceed the fees actually paid by you for the products or services in the prior twelve (12) months.

Force Majeure

Neither party hereto shall be in default for any failure to timely perform any of its obligations under this agreement if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes, hurricanes, wars, riots, insurrections, acts of God or orders of any government department or agency.

Governing Law

This agreement shall be governed by and interpreted in accordance with the laws of the United States and the State of Delaware without regards for its rules of conflict of laws, or any international conventions. Should any provision herein be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, such provision shall be modified to reflect the intentions of the parties. All other terms and conditions shall remain in full force and effect.