These Complete Motion Capture Terms of Service (these “Supplemental Terms”) are in addition to, and not in lieu of, your rights and obligations under the Wyze Terms of Service (the “Standard Terms”). For information about how we collect, use, share and otherwise process information about you, please see our Privacy Statement for Wyze Labs Products (the “Privacy Statement”). These Supplemental Terms specifically apply to your use of Wyze’s Complete Motion Capture services using Wyze’s wireless home cameras and associated products (collectively, the “Products”) and your access to and use of the websites (the “Site”), mobile application (the “Wyze App”) and other online products and services associated with the Complete Motion Capture services (collectively, the “CMC Services”) provided by Wyze Labs, Inc. (“Wyze” or “we”). By checking the box next to “I Agree to Wyze Complete Motion Capture Terms of Service” or by using the CMC Services, you agree to these Supplemental Terms and the Standard Terms. If you do not agree to these Supplemental Terms and the Standard Terms, do not use our CMC Services. The CMC Services hereunder are deemed to be incorporated with and a part of the “Services” as defined in the Standard Terms. To the extent there is a conflict between these Supplemental Terms and the Standard Terms, these Supplemental Terms will govern such conflict. Capitalized terms used but not otherwise defined in these Supplemental Terms have the meanings set forth in the Standard Terms.
Wyze may also modify or amend these Supplemental Terms in its sole discretion without advance notice by posting the modifications or amended Supplemental Terms on the Site or through the Wyze App (and/or by email notification if we so choose). Material changes to these Supplemental Terms will be posted in a prominent place or manner. Please check our site or the Wyze App to see any updates or changes made to these Supplemental Terms. All modified terms and conditions will be effective after they are posted, unless a longer notice period is required by applicable law or unless we indicate in our posting or email notifications to you (if applicable) a specified effective date. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the CMC Services, and, if applicable, cancel your Account. IF YOU DO NOT AGREE WITH ANY OF THE CHANGES TO ANY OF THESE SUPPLEMENTAL TERMS, YOU SHOULD CEASE ACCESSING OR USING THE CMC SERVICES. By continuing to access or use the CMC Services after Wyze posts any such revision to these Supplemental Terms, you agree to be bound by the updated or modified Supplemental Terms. These Supplemental Terms may not otherwise be modified or amended, except with the written agreement of both parties.
If you have any questions about these Supplemental Terms or our CMC Services, please contact Wyze at firstname.lastname@example.org or visit https://support.wyzecam.com.
1. License to Use
Subject to these Supplemental Terms, Wyze grants you a limited, non-transferable, non-exclusive right to access and use the CMC Services during the duration of your subscription for the sole purpose of using the Products and CMC Services to monitor your property for your personal, non-commercial use.
2. Installation and Use
You will not use a Product for any unlawful purpose. You will only install any Product capable of taking video and/or audio recordings on your property at such locations and angles that only activity on your property is recorded. If you install such a Product, you will also install a sign advising others that audio/visual recordings may be taking place if required by applicable law. Additionally, you will comply with all laws governing the monitoring of employees if such a Product is installed in a workplace.
YOU ACKNOWLEDGE THE CMC SERVICES MAY CONTAIN BUGS, ERRORS AND DEFECTS. ACCORDINGLY, THE CMC SERVICES ARE PROVIDED "AS IS," WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. WYZE DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE CMC SERVICES AND THEIR PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WYZE HAS NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE THE CMC SERVICES OR FOR ANY LOSS OF DATA.
4. Wyze Complete Motion Capture Recordings
The CMC Services automatically send any video or audio recording captured by the Products installed on your property (“Recordings”) to Wyze or its third party service provider (including Amazon Kinesis) for storage and allows you to later access your Recordings from your compatible mobile devices for a period of 14 days from the date of the Recording. Recordings that (a) are deleted by you or your authorized users, (b) are deleted at the end of the storage period, or (c) were recorded by a Product you delete from your account may no longer be available to you.
Accordingly, we suggest you back up any important recordings by downloading them to your mobile device. You are solely responsible for creating backups of your Recordings to avoid loss of your Recordings and other data.
Use of the CMC Services requires a monthly subscription. Subscriptions are available for a recurring monthly fee (“Fee”) indicated at the time you signed up for the CMC Services and automatically renew every month (“Subscription Period”). You acknowledge, understand, and agree that your subscription is continuous until you cancel it.
YOU HEREBY AUTHORIZE WYZE TO AUTOMATICALLY CHARGE THE FEE TO YOUR CREDIT CARD, DEBIT YOUR BANK ACCOUNT, OR OTHERWISE BILL OR CHARGE YOU IN ACCORDANCE WITH ANY ALTERNATIVE PAYMENT METHOD YOU HAVE SELECTED, EACH MONTH UNTIL YOU CANCEL YOUR SUBSCRIPTION TO THE CMC SERVICES. YOU MUST CANCEL YOUR MEMBERSHIP AT LEAST TWENTY-FOUR (24) HOURS BEFORE THE END OF YOUR CURRENT SUBSCRIPTION PERIOD IN ORDER TO AVOID BEING CHARGED FOR THE NEXT SUBSCRIPTION PERIOD.
If you do not cancel at least twenty-four (24) hours before the end of the current Subscription Period, you will be charged for another Subscription Period. For example, if your subscription begins on January 1, you must cancel at least twenty-four (24) hours before February 1, which means you must cancel on January 30 to avoid being charged for the Subscription Period beginning February 1. For more information about cancellation, please see Section 6 below.
If the price of your subscription changes, Wyze will notify you at least 30 days in advance of the next Subscription Period. If you do not want to pay the new Fee, you must cancel your subscription in accordance with these Supplemental Terms.
If you have signed up for a free trial, your subscription will automatically terminate at the end of the free trial. If you wish to continue using the CMC Services, you will need to sign up for a paid monthly subscription at the then-current price. After your free trial ends, your Recordings will no longer be accessible to you unless you elect to enroll in a monthly paid subscription.
If you used a promo code, coupon code, or other discount to sign up for a subscription, your subscription will automatically renew at the end of the coupon period. Wyze will automatically charge your payment method on file, and you will be responsible for payment of the full Fee due.
You may cancel your subscription to the CMC Services by contacting us at 1 (844) 999-3226 or through your Wyze Account, at any time and for any reason. The cancellation will become immediately effective, and your subscription and access to the CMC Services will end.
Please remember that you must cancel twenty-four (24) hours in advance of the start of a new Subscription Period to avoid being charged for that Subscription Period. For example, if your subscription begins on January 1, you must cancel at least twenty-four (24) hours before February 1, which means you must cancel on January 30 to avoid being charged for the Subscription Period beginning February 1
If you cancel in the middle of a Subscription Period, your payment method will be refunded for any remaining portion of the Subscription Period. For example, if you cancel halfway through the current Subscription Period, you will be refunded 50% of the Fees paid for that month. After your cancellation, your access to the CMC Services will end, but your Recordings will remain available until the end of the storage period referenced in Section 4.
7. Use of Content
Wyze does not claim any ownership of the intellectual property rights associated with the Recordings. You own your Recordings.
However, by purchasing or using our Products and CMC Services, you give Wyze the right, without any compensation or obligation to you, to access and use your Recordings for the uses set forth in our Privacy Statement.
In addition to the rights granted above, you also acknowledge and agree that Wyze may access, use, preserve and/or disclose any Recordings and related information to law enforcement authorities, government officials, and/or third parties, as we believe appropriate or if we have a good faith belief that such access, use, preservation or disclosure is reasonably necessary to (a) comply with applicable law and legal process, including to respond to valid requests by public authorities (for example, a court, government agency, or law enforcement), (b) enforce our terms and conditions, (c) prevent or investigate possible wrongdoing in connection with the use of our Products, or Services, (d) protect our operations or those of our affiliates, (e) protect our rights, property, privacy, safety, or that of our affiliates, you or others, or (f) allow us to pursue available remedies or limit the damages that we may sustain. Additionally, we may use Recordings for our internal business purposes, such as developing new Products, improving our Services, and analyzing trends.