Supplemental Terms for the CAM PLUS SERVICES

Updated: July 29, 2020
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These Supplemental Terms for the Cam Plus Services (these “Cam Plus Terms”) are in addition to, and not in lieu of, your rights and obligations under the Wyze Terms of Service (the “Standard Terms”) and the Supplemental Terms for The Wyze Cam (“Wyze Cam Terms”). For information about how we collect, use, share and otherwise process information about you, please see our Privacy Statement.

These Cam Plus Terms specifically apply to your use of 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 certain other online products and services associated with Cam Plus (collectively, the “Cam Plus Services”) provided by Wyze Labs, Inc. ("Wyze" or "we"). By checking the box next to “I Agree to the Supplemental Terms for the Cam Plus Service” or by using the Cam Plus Services, you agree to these Cam Plus Terms and the Standard Terms. If you do not agree to these Cam Plus Terms and the Standard Terms, do not use our Cam Plus Services. The Cam Plus 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 Cam Plus Terms and the Standard Terms, these Cam Plus Terms will govern such conflict. Capitalized terms used but not otherwise defined in these Cam Plus Terms have the meanings set forth in the Standard Terms.

Wyze may also modify or amend these Cam Plus Terms in its sole discretion without advance notice by posting the modified or amended Cam Plus Terms on the Site or through the Wyze App (and/or by email notification if we so choose). Material changes to these Cam Plus 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 Cam Plus 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 Cam Plus Services, and, if applicable, cancel your Account. IF YOU DO NOT AGREE WITH ANY OF THE CHANGES TO ANY OF THESE CAM PLUS TERMS, YOU SHOULD CEASE ACCESSING OR USING THE CAM PLUS SERVICES. By continuing to access or use the Cam Plus Services after Wyze posts any such revision to these Cam Plus Terms, you agree to be bound by the updated or modified Cam Plus Terms. These Cam Plus Terms may not otherwise be modified or amended, except with the written agreement of both parties.

If you have any questions about these Cam Plus Terms or our Cam Plus Services, please contact Wyze at support@wyze.com or visit https://support.wyzecam.com.

License to Use

Subject to these Cam Plus Terms, Wyze grants you a limited, non-transferable, non-exclusive right to access and use the Cam Plus Services during the duration of your subscription for the sole purpose of using the Products and Cam Plus Services to monitor your property for your personal, non-commercial use.

Installation and Use

Your installation and use of the Wyze Cam Black, the Wyze Cam, the Wyze Cam v2, the Wyze Cam Pan, and any other Product released by Wyze which can transmit or record audio and video (the “Wyze Cam Products”) are subject to the Supplemental Terms for the Wyze Cam.

Additionally, before using Cam Plus 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. The Cam Plus Services are intended for purely personal and household use. These Cam Plus Terms do not permit you to use the Cam Plus Services in a business or a workplace.

Disclaimers

YOU ACKNOWLEDGE THE CAM PLUS SERVICES MAY CONTAIN BUGS, ERRORS AND DEFECTS. ACCORDINGLY, THE CAM PLUS 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 CAM PLUS 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 CAM PLUS SERVICES OR FOR ANY LOSS OF DATA.

Wyze Cam Plus Recordings

In addition to the ways in which audio or visual recordings made using the Wyze Cam Products (“User Recordings”) are handled under the Wyze Cam Terms, the Cam Plus Services also automatically send User Recordings to Wyze or its third party service providers (including Amazon Kinesis) for storage, to allow you to later access your User Recordings from your compatible mobile devices for a period of 14 days from the date of the User Recording, and to provide other Cam Plus Services.

User 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. This is undertaken by Wyze and its third party service providers as a processor of the User Recordings on your behalf in order to provide the CMC Services. 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 User Recordings to avoid loss of your User Recordings and other data.

Other Cam Plus Features

Enrolling a Wyze Cam Product in Cam Plus will enable person detection for that Wyze Cam Product. Person detection analyzes the video from your Wyze Cam Product to help detect the presence of a person in that video (without trying to identify that person). For more information about how the person detection feature collects and uses information, see our Privacy Statement.

Because the Cam Plus Services will continue to evolve over time, we may change or discontinue all or any part of the Cam Plus Services, at any time and without notice, at our sole discretion. You also have the right to stop using the Cam Plus Services at any time. We are not responsible for any loss or harm related to your inability to access or use any Cam Plus Services.

Subscriptions

Use of the Cam Plus Services requires purchasing a subscription for a Wyze Cam Product. Each Wyze Cam Product you wish to enroll requires its own subscription. Recurring monthly and yearly subscriptions are available (“Subscription Periods”) for the recurring fee indicated at the time you signed up for the Cam Plus Services ("Fee"). You acknowledge, understand, and agree that your subscription is continuous until you cancel it and that you will be charged the Fee both (a) at the beginning of the Subscription Period and (b) at the beginning of each subsequent Subscription Period until you cancel.

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, AT THE BEGINNING OF EACH SUBSCRIPTION PERIOD UNTIL YOU CANCEL YOUR SUBSCRIPTION TO THE CAM PLUS 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 monthly 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 8 below.

If the subscription Fee 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 Cam Plus Terms.

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.

Free Trials

When you set up a new Wyze Cam Product in your account, your Wyze Cam Product will be enrolled in a free trial of the Cam Plus Services. Free Trials are intended to allow you to try the Cam Plus Services with your new Wyze Cam Product. Wyze reserves the right, in its discretion, to determine your free trial eligibility and to modify or cancel a free trial or a free trial offer at any time. You may cancel a free trial at any time by following the instructions in the Cancellation section below.

Your Cam Plus Services will automatically terminate at the end of the free trial. If you wish to continue using the Cam Plus Services, you will need to sign up for a paid subscription at the then-current price. After your free trial ends, your User Recordings will only remain available until the end of the storage period referenced in Section 4.

Cancellation

You may cancel your subscription to the Cam Plus Services by contacting us at 1 (844) 999-3226 or through your Wyze Account, at any time and for any reason.

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.

The first time you cancel a subscription for a Wyze Cam Product, your payment method will be refunded for any remaining portion of the Subscription Period you canceled during. For example, if you cancel halfway through a monthly Subscription Period, you will be refunded 50% of the Fees paid for that month. If you later enroll the same Wyze Cam Product in a new subscription which you then cancel, refunds will be at the discretion of Wyze.

Your cancellation will become immediately effective, and your subscription and access to the Cam Plus Services for the Wyze Cam Product whose subscription you canceled will end. However, your User Recordings will remain available until the end of the storage period referenced in Section 4.

Use of Content

Wyze does not claim any ownership of the intellectual property rights associated with User Recordings and will only use User Recordings as outlined in our Privacy Statement.