“Personal Information” is information that identifies you personally, such as Your name, residential address, and e-mail address, and includes information about Your product and service subscriptions and usage, credit information and billing records, service and recorded complaints.
STA collects and uses Your Personal Information primarily for the purpose of providing You with the products and services that You have requested. Unless You specifically authorize STA to release Your personal information, or release is required or permitted by law, STA will not disclose, sell, lease, or trade Your personal information to third parties.
Any Personal Information You provide will be used as follows:
- To take, process, or deliver Your order.
2. To process or obtain payment.
3. To notify You of the status of the order.
4. For security, credit, or fraud-prevention purposes.
5. To register the purchase with the manufacturer or service provider for warranty, technical support, or a similar purpose.
6. To facilitate the renewal of subscriptions for Your products or services.
7. To provide You with effective customer service and/or technical support.
8. To provide You with a personalized shopping experience.
9. To provide You, upon receiving Your consent, with updates, upgrades, special offers, pricing information, newsletters, and any other information You request.
10. To undertake, upon receiving Your consent, any other promotional activities.
11. To improve the Website, Your experience, and related products or services.
12. For the purpose(s) identified in a specific privacy notice posted on the page or area of the Website where You have already provided information.
13. For statistical purposes.
Collection and Sharing of Personal Information:
- Personal Information is collected by STA when You specifically and knowingly choose to provide it to us, such as when You subscribe to the Service.
2. Personal Information sent to Samsung Opto-Electronics Inc., STA, is collected by web browsers.
- Personal Information is collected using cookies and other web technology such as web beacons.
4. Personal Information may be shared with:
(a) STA’s Service Providers, in order to maintain the high quality of our service.
(b) STA’s Service Providers, to maintain normal operational activities.
(c) Law enforcement, to comply with legal requirements.
STA will seek Your consent prior to the collection, use, and disclosure of the information as required by applicable privacy legislation. Subject to legal and contractual requirements, You can refuse to consent to STA’s collection, use, or disclosure of information about You. You may also withdraw Your consent to any further collection, use, or disclosure of information about You at any time by providing STA with reasonable notice. If STA’s intended disclosures or uses of Your information change, You will be notified accordingly. Your Personal Information will not be used for any other purpose without Your consent.
STA will try to ensure that information about You is accurate, complete, and up-to-date. However, please inform STA of any change of name, address, or other information. In the event You have questions about the accuracy of the factual information which STA has collected about You, You will have access to that information in order to verify and update it.
STA will store any Personal Information You provide as long as You remain an STA account holder. Upon cancellation or termination of your account, Your Personal Information will be immediately and irrevocably deleted and removed from the Website and STA’s servers unless pursuant to a court order or legal compulsion.
STA is committed to protecting your privacy. Security measures, such as restricted access and the use of passwords and encryption, have been adopted to protect Your Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. STA’s employees have been trained to respect Your privacy at all times and those employees with access to Your Personal Information shall use Your Personal Information strictly in accordance with these Conditions and the applicable privacy laws.
STA uses display advertising and remarketing to show ads to visitors who have previously visited STA websites. These ads may be shown to you on third-party websites. This advertising depends on using cookies that store anonymous information about your visit to STA. If you do not want to see such ads after visiting the STA website, you may opt out by changing your settings in the Google Ads Preferences Manager.
If you have any questions about the collection, use, or disclosure of Your Personal Information, or if You simply want to know the specifics of Your Personal Information kept on file by STA, You may contact our Help Desk at email@example.com.
(the “Website”), and use STA’s video monitoring cloud platform (the “Service”) and any equipment (“Equipment”) and documentation (“Documentation”) provided by STA to You.
- General Terms and Conditions.
1.1 You acknowledge that You have read this Agreement, and You agree to be legally bound by the terms thereof. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ATTEMPT TO ACCESS THE WEBSITE OR OTHERWISE USE THE SERVICE AND/OR EQUIPMENT.
1.2 You acknowledge that You are over the age of 18 or have reached the age of majority in your country.
1.3 You acknowledge that You are the end-user of the Service, Equipment, and Documentation, and You agree not to resell any of the Service, Equipment, and Documentation.
1.4 This Agreement may be updated or changed from time to time without any prior notice given to You. It is your sole responsibility to educate Yourself on any changes to this Agreement, which will be posted on the Website. Continued use of the Service and Equipment after any such changes shall constitute your consent to such changes.
1.5 You acknowledge and agree that STA has partnered with an independent, reputable third party to host its servers, maintain the integrity of the data stored within, and to manage the Website and provide the Service.
1.6 You acknowledge and agree that STA has partnered with an independent, reputable third party credit card processing service in connection with the receipt and processing of payments for the Service and Equipment. You further agree that the technical processing and transmission of any data associated with the Service, including Your Content (as defined below), may be transmitted in an unencrypted form over various networks and may be changed to conform and adapt to the technical requirements of connecting networks and/or devices.
1.7 Any failure by STA to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
1.8 Unless specified elsewhere in this Agreement, this Agreement constitutes the entire agreement between You and STA and governs your use of the Website, Service, and Equipment, superceding any prior agreements between You and STA (including, but not limited to, any prior versions of this Agreement).
1.9 This Agreement shall be governed by and construed in accordance with the laws of New York State, USA.
- Description of Equipment
2.1 The Equipment provided in connection with the Service may include one or more of the following: Internet protocol video cameras, power supply, stand, and clamp.
2.2 You acknowledge and agree that the Equipment carries a manufacturer’s warranty of one (1) year from the date of purchase, unless expressly specified otherwise.
2.3 The Equipment also includes related documentation containing installation instructions, warranty information, and return policy (the “Manufacturer’s Agreement”). The Manufacturer’s Agreement will list the conditions upon which the warranty and return policy will be accepted. You agree to read the Manufacturer’s Agreement and to contact STA’s support team if You have any questions.
2.4 If a license or permission from any customs or other regulatory authority is required for the acquisition, carriage, or use of the Equipment by You, You agree to obtain such license or permission solely at your own expense. Any import duties, expenses, or charges incurred by STA with respect to such license or permission will be met by You.
- Description of Service
3.1 The Service is available in several different packages with different features and pricing. A detailed list of STA’s service packages and the features associated with each package (the “Service Packages”) can be found under the Pricing tab on the Website. You acknowledge and agree that the Service Packages, the associated features, and prices may be changed or discontinued at any time based on STA’s discretion without any prior notice.
3.2 The Service may include the use of the Website and any downloaded software from the Website for viewing, listening, storing, downloading, and/or uploading your images, audio, video recordings, and live stream multimedia content (collectively, “Your Content”). Your Content further comprises data produced following analysis of any images and video portions of Your Content.
3.3 The Service may include the ability to designate individuals (“Authorized Individuals”) to whom you grant access to Your Content indefinitely or for a specific time frame. You acknowledge and agree that You are solely responsible for obtaining any necessary permission and rights to designate such individuals as Authorized Individuals under your account and to authorize STA to provide them with access to Your Content.
3.4 The Service may also include the ability to access STA’s Website in order to view, receive, and/or be alerted via email or mobile phones to view and/or record images, audio, video, and data generated by, or as a result of using, video cameras and other related products that are purchased and installed by You, or on your behalf by a third party. Images, audio, and video from these video cameras may be live or recorded from the video stream, and are included within Your Content.
3.5 The Service may also include user-defined multimedia analytics services, which are specified at the time of purchase. STA reserves the right to add additional analytics or discontinue offering certain analytics at any time without prior notice.
3.6 The Service may include third-party applications, which may be subject to the terms and conditions of separate license agreements. Copies of these agreements will be provided to You in advance, and You acknowledge and agree that any use of these applications will constitute your acceptance of the terms and conditions of the corresponding license agreement.
3.7 The Service also may include the ability to access the Website to post comments, questions and interact with other subscribers of the Service and STA’s technical support staff. Technical support is also available as described at the following link: https://support.mysmartcamcloud.com
3.8 STA may also send You, directly or indirectly through any agency or third party, email messages regarding new promotions, products, and services periodically, and if you would prefer not to receive these messages, You can unsubscribe using the link at the bottom of the message.
- Limited Warranty
4.1 The Service is provided on an “as is”, “as available” basis and STA expressly disclaims all warranties, including the warranties of merchantability and fitness for a particular purpose.
4.2 You acknowledge and agree that although STA has redundant servers, STA, our affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of STA or our affiliates do not warrant that:
(a) the Service will meet any specific requirements;
(b) the Service will be uninterrupted, timely, secure, or error-free;
(c) the results that may be obtained from the use of the Service will be accurate or reliable;
(d) the quality of any products, services, information, or other material purchased or obtained through the Service will meet any expectations; and
(e) any errors in the Service will be corrected.
5.1 Any prices, quotations, and descriptions made or referred to on the Website are subject to availability and may be withdrawn or revised at any time prior to STA’s express acceptance of your subscription. STA reserves the right to withdraw any discount and/or to revise the prices at any time prior to acceptance. STA does not provide price protection or refunds in the event of a price reduction or promotional offering.
5.2 STA’s acceptance of your subscription is deemed to have occurred upon the successful completion of your credit card payment. Following acceptance of your subscription, STA reserves the right to revoke acceptance if STA is unable to complete or fulfill your subscription and a refund will be provided on any prior payments (if applicable). Subscription fees are non-refundable (except as required by applicable law), and STA does not provide refunds or credits for any downtime, interruptions in the use, or the inability to use the Service or Equipment.
5.3 Prices payable for the Service or Equipment will be quoted on the Website and You agree that the final price in the event of any discrepancy is the price that is quoted to You for acceptance prior to submission of your credit card payment information.
5.4 Trial or free features of the Service will only become paid features upon prior notice to You, the customer. Continuing the use of these features after notice constitutes your acceptance of the new payment terms.
5.5 STA also reserves the right to notify You of any error with respect to the Website, Service, and/or Equipment prior to delivery of the Equipment and provision of the Service. Following the notification of any such error, You may elect either to accept delivery of the Equipment and provision of the Service on an as-is basis, or request to be fully reimbursed without penalty.
5.6 Provision of the Service will commence as soon as your subscription has been accepted by STA following the successful completion of your credit card payment.
5.7 You acknowledge and agree that by submitting your credit card payment information to STA, you expressly authorize STA or STA’s independent third party credit card processing partner to charge your credit card.
5.8 Your subscription to the Service is for a fixed term, and You acknowledge and agree that it is your sole responsibility to renew your subscription prior to the end of the term. The length of the subscription term for the various Service Package is listed under the Pricing tab on the Website.
5.9 In the event that your subscription to the Service expires and you have not renewed your subscription, STA will continue to store your audio and video recordings for a rolling period of fourteen (14) days from date of expiration. Once the fourteen day grace period ends, You will no longer have access to SmartCloud features until you have renewed your subscription.
5.10 You agree and acknowledge that all of your settings and configurations associated with the Service will be automatically deleted if you fail to renew your subscription to the Service within thirty (30) days from expiration of your subscription.
5.11 You acknowledge and agree that it is your sole responsibility to ensure that You have sufficient available credit on your credit card to avoid termination and/or suspension of your subscription to the Service. You agree that STA is not responsible for any administrative fees incurred on account of non-sufficient funds in your credit card.
- Cancellation and Termination
6.1 Any use of the Website, Service, and Equipment shall be subject to the terms and conditions of this Agreement. STA may, with or without notice, unilaterally terminate this Agreement, and cancel your subscription to the Service. STA has the right to immediately terminate any passwords or accounts created by You without bearing any liability in the event that You are in breach of this Agreement or You have engaged in conduct that STA, in its sole discretion, considers unacceptable.
6.2 You are solely responsible for canceling your subscription to the Service, and You may cancel your subscription at any time by accessing the Website, and clicking on the appropriate link in the global navigation bar at the top of the screen.
6.3 STA in its sole discretion has the right to suspend or discontinue the Service at any time, without bearing any liability and without notice for non-compliance with the terms and conditions of this Agreement, and pursue any other remedy legally available to it.
6.4 Upon cancellation or termination of your subscription, Your Content will be immediately and irrevocably deleted and removed from the Website and STA’s servers.
6.5 In the event of the termination of this Agreement, the provisions of sections 4, 7.18-7.22 (inclusive), 9 and 10 shall remain in full force and effect, until such time as STA agrees to the release of the terms thereof.
- Customer’s Rights and Obligations
7.1 You are hereby granted a non-exclusive, non-transferable, license to access the Service solely for your own personal and private use in accordance with the terms and conditions of this Agreement.
7.2 You must register and create an account in order to use the Service. You are required to provide your full legal name, a valid email address, and any other general information requested by the Service.
7.3 You may need to download and install certain software to enable use of the Equipment. You acknowledge and agree that is your sole responsibly to install, operate, and maintain your personal web camera, which may include a requirement to download and install certain third- party software.
7.4 You represent that You have reached the age of majority in your place of residence where You will personally be using the Service and Equipment.
7.5 You acknowledge and agree that it is your responsibility to maintain, protect, and respect the confidentiality of your username and password. You further agree to take reasonable precautions to prevent the unauthorized use of your username and password, including but not limited to periodic changes of your password, and using the logout procedure for the Service as documented in the Documentation.
7.6 You acknowledge and agree that it is your responsibility to immediately notify STA upon suspicion that your username or password has been lost, stolen, compromised, or misused.
7.7 You represent and warrant that You own or otherwise control all of the intellectual property rights to Your Content, and that use of Your Content by your Authorized Individuals and STA will not infringe upon or violate the rights of any third party.
7.8 You acknowledge and agree that it is your sole responsibility to deactivate or delete Authorized Individuals when you no longer wish to allow access to Your Content.
7.9 YOU ACKNOWLEDGE AND AGREE THAT AUTHORIZED INDIVIDUALS ARE FREE TO ACT UPON RECEIPT OF YOUR CONTENT AND NOTIFY THE APPLICABLE AUTHORITIES IF THEY SUSPECT ANY LAWS ARE BEING BROKEN, AND IT IS YOUR SOLE RESPONSIBILITY TO MAINTAIN YOUR PRIVACY WITH RESPECT TO AUTHORIZED USERS HAVING ACCESS TO YOUR CONTENT.
7.10 You represent that You have obtained all third-party consents and/or permissions that may be necessary and appropriate with respect to Your Content.
7.11 You further certify that by clicking on the link to “Upload to YouTube”, that you own all rights to the content selected for upload (“Selected Content”), or that You have been authorized by the owner of the Selected Content to make it publicly available on YouTube, and that the Selected Content is compliant with YouTube’s Terms of Service. FURTHERMORE, YOU ACKNOWLEDGE THAT STA SHALL NOT BE LIABLE FOR ANY MATTER, LOSSES, DAMAGES, OR CLAIMS RELATED TO YOUR UPLOAD TO YOUTUBE.
7.12 You acknowledge and agree that You are solely responsible for establishing, configuring, and using the Service and Equipment in accordance with any and applicable laws within your country, state, province, territory, or municipality.
7.13 You acknowledge and agree that it is your sole responsibility to obtain and maintain access to the Internet and/or any related computer hardware and software, including routers, personal web cameras (collectively, the “Other Hardware”), which are necessary to use the Service and Equipment.
7.14 You acknowledge and agree that you are solely responsible for the Other Hardware, including its proper installation and maintenance, and STA does not provide any technical support or any warranty for the Other Hardware.
7.15 You acknowledge and agree that STA may store Your Content on multiple servers, which may be located in different countries.
7.16 You acknowledge that STA has no control over comments or opinions made publicly available through third-party applications, websites, forums, or chat rooms which contain hyperlinks to STA.
7.17 You acknowledge and agree that Your Content shall not:
(a) Be unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, hateful, tortuous, or indecent;
(b) Constitute stalking by any forms or means;
(c) Violate, plagiarize, or infringe the rights of third parties and STA and any of its partners, independent contractors, and/or other customers, including, but not limited to, intellectual property, rights of privacy or publicity, or any other proprietary rights;
(d) Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other malicious instructions intended to damage, detrimentally interfere with, intercept or expropriate with other/any system, data and/or personal information;
(e) Constitute or contain false or misleading statements; and
(f) Harm children in anyway.
7.18 You acknowledge and agree that You will not use the Service to:
(a) View or record any video, images, and/or data of tenants or visitors at rental properties, or to monitor the exterior of your premises. For greater certainty, “rental properties” does not include communal or public areas;
(b) Create a risk to public safety or health;
(c) Replace a safety device; or
(d) Send mass emails, junk mail, or spam in any forms or means.
7.19 You acknowledge that copyright and privacy laws vary by country and the viewing, recording, or copying of images from performances, exhibitions, or neighboring properties, or recording of persons without their consent, may violate copyright, privacy, or other legal rights even if the images were obtained for personal use (collectively, the “Violations”).
7.20 You agree that the Service is protected by American and international copyright laws and treaties, as well as other laws and treaties. Except for the non-exclusive license granted herein, you acknowledge and agree that all ownership, intellectual property, including but not limited to trade-marks, service marks, and patents, and other rights and interests in and to the Service shall remain solely with STA. You acknowledge and agree that STA reserves all rights not expressly granted to You.
7.21 You agree not to reproduce, duplicate, copy, sell, resell, or exploit access to the Service, use of the Service, or any portion of the Service, including but not limited to the HTML code, cascading style sheets (“CSS”), or any visual design elements without STA’s express written permission. All access to and use of the Service via mechanical, programmatic, robotic, scripted, or any other automated means not provided as part of the Service is strictly prohibited.
7.22 You agree not to modify, reverse engineer, adapt, or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Service, or any other product provided by STA.
7.23 You agree to assign to STA, without restriction, any and all right, title, and interest You may have in or to any and all applications uploaded or made available on the Website by You, including without limitation, software, source code, scripts, processes, methods, and algorithms (collectively, “Your Applications”) as of the moment they are created, whether or not these Your Applications are capable of intellectual property protection, and You further agree to execute appropriate documentation as requested by STA to assign, confirm, and/or register such ownership.
7.24 You agree to expressly and irrevocably waive any and all moral rights in and to Your Applications, including the right to restrain or claim damages for any distortion or other mutilation and the right to be associated with Your Applications, and You agree that STA may modify, adapt, translate, create derivative works from, and use Your Applications as STA sees fit, without restriction whatsoever.
7.25 You acknowledge and agree that any warranty or return rights with respect to the Equipment will be automatically forfeited if STA, in its sole discretion, determines You have:
(a) Failed to install, use, or maintain the Equipment in accordance with Manufacturer’s Agreement (as defined below);
(b) Failed to protect any camera provided as part of the Equipment from direct sunlight or halogen light, which may irreparably damage the image sensors within the camera; or
(c) Failed to take reasonable caution when mounting a lens on a camera provided as part of the Equipment that was provided without a lens.
- STA’s Rights and Obligations
8.1 STA, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of STA will not disclose or otherwise enable access to Your Content to anyone other than your Authorized Users without your express written consent. Notwithstanding the foregoing, STA may be required to disclose or otherwise enable access to Your Content pursuant to a court order or legal compulsion.
8.2 STA technical support team will not have access to Your Content. Notwithstanding the foregoing, You may be required to provide them with temporary access to Your Content depending upon the nature of your technical support inquiry.
8.3 STA reserves the right to, in its sole discretion, and without any prior notice to You, permanently delete or suspend access to all or any portion of Your Content which violates the terms and conditions of this Agreement.
8.4 STA reserves the right to change, suspend, or discontinue any aspect of the Website and Service at any time, including, but not limited to content, features offered, products offered, database, hours of availability, and equipment or software needed for access or use.
- STA’s Commitment to Privacy
9.1 You acknowledge STA is committed to controlling the collection, use, and disclosure of the Personal Information provided by You. “Personal information” is information that personally identifies you, such as Your name, residential address, and e-mail address and includes information about your subscription to the Service and usage, credit information and billing records, technical service history, and recorded complaints.
9.2 Personal Information is collected by STA only when You specifically and knowingly choose to provide it to us, such as when You subscribe to the Service.
9.3 STA may also receive Personal Information from our business partners and other third parties provided that such third parties confirm that they have obtained Your consent to the disclosure of your Personal Information.
9.4 STA will share Personal Information with our third-party service providers to process, provide, and deliver the order and process, provide, and deliver the Service and Equipment.
9.5 STA collects and uses your personal information primarily for the purpose of providing You with the Service Package and Equipment that You have requested. Unless You specifically authorize STA to release your personal information, or release is required or permitted by law, STA will not disclose, sell, lease, or trade your Personal Information to other third parties.
9.6 STA will only ask for information about You that STA needs and will only ask for it when necessary. When You are asked for the information, You will be provided with an explanation of why the information is needed, and what STA is going to do with it. STA will seek your consent prior to the collection, use, and disclosure of the information as required by applicable privacy legislation. Subject to legal and contractual requirements, You can refuse to consent to STA’s collection, use, or disclosure of information about You. You may also withdraw your consent to any further collection, use, or disclosure of information about You at any time by providing STA with reasonable notice. If STA’s intended disclosures or uses of your information changes, You will be notified accordingly. Your Personal Information will not be used for any other purpose without your consent.
9.7 STA will try to ensure that information about You is accurate, complete, and up-to-date. However, please inform STA of any change of name, address, or other information. In the event You have questions about the accuracy of factual information which STA has collected about You, You will have access to that information in order to verify and update it.
9.8 STA is committed to protecting your privacy. Security measures, such as restricted access and the use of passwords and encryption, have been adopted to protect your Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. STA’s employees have been trained to respect your privacy at all times and those employees with access to your Personal Information shall use your Personal Information strictly in accordance with these Conditions and the applicable privacy laws.
9.9 If you have any questions about the collection, use, or disclosure of Your Personal Information, or if You simply want to know the specifics of Your Personal Information kept on file by STA, You may contact our Help Desk at firstname.lastname@example.org.
- Limitation of Liability
10.1 You acknowledge and agree that STA, our affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of STA or our affiliates, shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from:
(a) The use or the inability to use the Service or Equipment;
(b) Any Violations (as defined above in section 7.20);
(c) The use of Your Content by Authorized Individuals, including but not limited to the unauthorized distribution or dissemination of all or any portion of Your Content by Authorized Individuals or any other third parties;
(d) Any comments or opinions published, posted, or stated on any third-party web site, blog, chatroom, or forum;
(e) Any changes to the terms and conditions of this Agreement;
(f) Any failure by STA’s third-party partners regarding the hosting and maintenance of STA’s servers, the Website, and the provision of credit card processing services;
(g) Any price change, suspension, or discontinuance of the Service;
(h) Any loss of Your Content, or modification to a feature or to the Service itself, including the addition or removal of multimedia analytics;
(i) Any loss of Your Content subsequent to a cancellation or termination of your account;
(j) The use of the Other Hardware;
(k) Statements or conduct of any third party on the Service; or
(l) Any other matter relating to the Service.
Subscription Sales Terms & Conditions
- When you purchase a subscription, you must choose the same plan for all of the cameras that you want to add to SmartCloud. For example, if you have three cameras that you want to add to SmartCloud, you cannot choose the Elite plan for one, the Starter plan for another, etc. All of the cameras must be on the same plan.
- When you purchase a SmartCloud subscription, the payment frequency (monthly or annual) must be the same for all cameras. For example, you cannot have one camera billed monthly, and another billed annually.
- Cancellation: There is no proration for cancelled plans, whether they are billed monthly or annually. Unused amounts are not refunded.
- Upgrades: If you upgrade from a less expensive plan to a more expensive plan, the billing cycle (monthly or annually) will be restarted from the date of the upgrade. You will not have to pay for any unused portion of the less expensive plan.
- If you switch from the monthly payment plan to the annual payment plan, the payment will be prorated, that is, any unused portion of that month in which you upgrade will be refunded to you.
- Downgrades. Plan downgrades are not prorated. Whether you are paying monthly or annually, if you downgrade your plan, there is no refund for any unused portion.
- If you switch from annual payment to monthly payment, there is no proration; that is, any unused portion of the annual payment is not refunded.