Updated: November 16, 2022
These Supplemental Terms for the Cam Protect Services (these “Cam Protect 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”).
The Cam Protect Services are only available in the United States, and you may not enroll in the Cam Protect Services if you are not located within the United States.The Cam Protect services are offered and delivered by Noonlight, Inc. (the “Monitoring Service Provider”). Wyze only facilitates your access to the Monitoring Service Provider’s monitoring service and does not itself offer or deliver home monitoring services.
Wyze may also modify or amend these Cam Protect Terms in its sole discretion without advance notice by posting the modified or amended Cam Protect Terms on the Site or through the Wyze App (and/or by email notification if we so choose). Material changes to these Cam Protect 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 Protect 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 Protect Services, and, if applicable, cancel your Account. IF YOU DO NOT AGREE WITH ANY OF THE CHANGES TO ANY OF THESECAM PROTECT TERMS, YOU SHOULD CEASE ACCESSING OR USING THE Cam Protect SERVICES. By continuing to access or use the Cam Protect Services after Wyze posts any such revision to these Cam Protect Terms, you agree to be bound by the updated or modified Cam Protect Terms. These Cam Protect Terms may not otherwise be modified or amended, except with the written agreement of both parties.
Additionally, before using Cam Protect 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 Protect Services are intended for purely personal and household use. These Cam Protect Terms do not permit you to use the Cam Protect Services in a business or a workplace.
CAM PROTECT SERVICE
The Cam Protect Service
While you have an active Cam Protect Service subscription, depending on your configurations, your Cam Protect monitoring system may transmit an alarm notice to the Monitoring Service Provider automatically when an intrusion is detected by the Cam Protect Service. Subject to these Cam Protect Terms, we will provide the Monitoring Service Provider your phone number and then a Monitoring Service Provider agent will contact you via telephone or SMS. Unless you enter the PIN number you selected when setting up the Cam Protect Service to deactivate the alarm notice, the Monitoring Service Provider will contact your local public safety answering point and request emergency responders be dispatched to your Monitored Property (as defined below).
The Monitoring Service Provider is an independent contractor of Wyze; there is no partnership, joint venture, employment, franchise, or agency relationship between the Monitoring Service Provider and Wyze.
Only those Products that are expressly certified and approved by Wyze to be compatible with the Home Monitoring Service (“Cam Protect Products”) may be used and enrolled in the Cam Protect Services. It is your responsibility to locate, install, operate and maintain your Cam Protect Products in accordance with the instructions provided with the Cam Protect Products and on the Site (including the Standard Terms and any Supplemental Terms relating to such Products) and to confirm the Cam Protect Products are connected to an appropriate power source (including battery power, as applicable) at all times.
The Cam Protect Service may only be used in connection with Cam Protect Products installed in single-family residences within the United States which you own or legally occupy (each, a “Monitored Property”). You must provide the correct address of the Monitored Property where each Cam Protect Product connected to the Cam Protect Service is located. If the Monitored Property address you provide is not correct or current, the Monitoring Service Provider may be unable to request emergency responders be dispatched to the location where your Cam Protect Product is actually located and/or emergency responders may be dispatched to an incorrect location.
Wyze or the Monitoring Service Provider may require that you provide verification of the Monitored Property address to reduce the risk of fraud and help ensure that emergency responders, if dispatched by the Monitoring Service Provider, are dispatched to the correct address. If you are required to provide such verification, the Cam Protect Service will not be available for the Monitored Property and the Monitoring Service Provider will not respond to alarm notices until the verification process is complete. If you have an actual emergency before your Monitored Property has been verified, or at any time you are unable to promptly confirm that the Cam Protect Service has facilitated contact with the proper authorities, you should immediately contact the police, fire department, 911 or appropriate emergency response service.
WITHOUT LIMITING OTHER RELEASES IN THESE CAM PROTECT TERMS OR THE STANDARD TERMS, YOU HEREBY RELEASE WYZE FROM ANY DAMAGES, LOSSES OR EXPENSES ARISING FROM, RELATED TO, OR CAUSED BY, THE UNAVAILABILITY OF CAM PROTECT SERVICES PRIOR TO, OR WHILE, YOUR MONITORED PROPERTY IS BEING VERIFIED.
Text Message and Telephone Call Authorization
When you register for a Cam Protect Service subscription, you will be asked to provide a phone number for a device that can receive phone calls and text messages. You are required to immediately inform us if the telephone number that you have previously provided to us changes.
The Monitoring Service Provider may contact the number you provided in connection with your use of the Cam Protect Services. You consent to receiving phone calls and text messages from the Monitoring Service Provider to the phone number that you provide by any means, including through an automated telephone dialing or texting system. Standard text messaging charges and data rates applied by your cell phone carrier will apply to text messages or data sent and/or received in connection with the Cam Protect Service. The ability to receive texts is an integral part of the Cam Protect Service; therefore, to no longer receive text messages, you must cancel your subscription for the Cam Protect Service.
While we aim for the Cam Protect Services to be highly reliable and available, it is not intended to be reliable or available 100% of the time. The Cam Protect Services are subject to sporadic interruptions and failures for a variety of reasons, including those beyond Wyze’s control, such as service provider (including Monitoring Service Provider) and mobile operator uptime. Additionally, in the event of any service interruptions to your Monitored Property’s Wi-Fi network or internet connection, or to your mobile, telephone and other network connections with respect to the Wyze App, the Cam Protect Service may be unreliable or unavailable for the duration of such interruption. Wyze does not monitor for interruption in the connection of your Cam Protect Products or other services upon which the Cam Protect Service may depend to function properly and will not alert you should your Cam Protect Products go offline. You are solely responsible for ensuring proper connections for transmission of data with respect to the Cam Protect Products.
WITHOUT LIMITING OTHER RELEASES IN THESE CAM PROTECT TERMS OR THE STANDARD TERMS, YOU HEREBY RELEASE WYZE FROM ANY DAMAGES, LOSSES OR EXPENSES ARISING FROM, RELATED TO, OR CAUSED BY, ANY INTERRUPTIONS IN THE CAM PROTECT SERVICE.
Permit and Registration Requirements
Your use of the Cam Protect Service may be subject to permit, registration, license or other regulations imposed by government or municipal authorities with jurisdiction over your Monitored Property or your use of the Cam Protect Service. If you, as a Cam Protect Services subscriber, are required to comply with such regulations, then you are solely responsible for compliance, including to obtain, maintain and renew any required permits, registrations or licenses. This responsibility includes paying any applicable fees and renewal fees.
If you do not comply with these regulations, emergency responders may not respond to requests from the Monitoring Service for emergency dispatch, and/or your government or municipal authorities may impose fines, penalties or other fees. Therefore, neither the Cam Protect Service nor the Monitoring Service Provider will respond to alarm notices you transmit or dispatch emergency response personnel until you have provided the Monitoring Service with evidence of all necessary permits, registrations, and licenses. You are responsible for any fees that may be assessed by the applicable government or municipal authorities against you or Wyze arising from your failure to comply with any such requirements. You will indemnify and hold harmless Wyze for any such fees and, to the fullest extent permitted by applicable law, you expressly authorize Wyze to, in its sole discretion, satisfy your indemnification obligation by billing or charging any payment method associated with your Wyze account the full amount of the fee.
WITHOUT LIMITING OTHER RELEASES IN THESE CAM PROTECT TERMS OR THE STANDARD TERMS, YOU HEREBY RELEASE WYZE FROM ANY DAMAGES, LOSSES OR EXPENSES RESULTING FROM OR AS A CONSEQUENCE OF YOUR FAILURE TO OBTAIN, MAINTAIN AND RENEW ANY REQUIRED PERMITS, REGISTRATIONS OR LICENSES FOR YOUR USE OF THE CAM PROTECT SERVICES.
Government or municipal authorities with jurisdiction over the Monitored Property may assess fines, penalties or other fees for false alarms, excessive alarms, or failing to comply with regulations or standards intended to reduce false alarms. You are responsible for any such fees that are assessed against you or Wyze. You will indemnify and hold harmless Wyze for any such fees and, to the fullest extent permitted by applicable law, you expressly authorize Wyze to, in its sole discretion, satisfy your indemnification obligation by billing or charging any payment method associated with your Wyze account the full amount of the fee.
WITHOUT LIMITING OTHER RELEASES IN THESE CAM PROTECT TERMS, YOU HEREBY RELEASE WYZE FROM ANY DAMAGES, LOSSES OR EXPENSES RESULTING FROM OR AS A CONSEQUENCE OF FALSE ALARMS.
Wyze cannot guarantee that emergency responders will be dispatched to your Monitored Property in the event of an emergency. There may be a delay in or failure to dispatch emergency responders due to availability, local regulations not permitting dispatch of emergency responders to alarm signals which have not been verified by a person physically at the property, or other reasons beyond Wyze’s control. Our obligation to provide Cam Protect Services is satisfied by allowing the Cam Protect Service to trigger an alarm, and to receive alarm notices you transmit by your use of the alarm button in the Wyze App or the associated Cam Protect Products. Anytime you are unable to promptly confirm that the Monitoring Service Provider has facilitated contact with the proper authorities, you should immediately contact the police, fire department, 911 or appropriate emergency response service.
WYZE CAM PROTECT 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 Protect 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 during the applicable storage period, and to provide other Cam Protect 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 Cam Protect 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.
CONSENT TO RECORDING
Certain federal and state laws prohibit interception and recording of telephone calls and other oral communications by electronic means, including the interception and recording of telephone calls and other oral communications by the Cam Protect Services at the Monitored Property. You, for yourself and any other person contacting Wyze or the Monitoring Service Provider or whose communication is received from the Cam Protect Services, whether by Wyze or the Monitoring Service Provider, (collectively, “Users”), consent to the interception, recording, disclosure and use of the contents of any telephone call, other oral communications or video in connection with the Cam Protect Services. In addition, you will notify all Users with respect to any such interception, recording, disclosure or use. YOU WILL NOT INTERCEPT OR RECORD ANY ORAL COMMUNICATION OF ANY PERSON WITHOUT HAVING SUCH PERSON'S PERMISSION TO DO SO. Please refer to our Privacy Statement for important information regarding recording audio or video.
OTHER CAM PROTECT FEATURES
Enrolling a Wyze Cam Product in Cam Protect 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 Protect Services will continue to evolve over time, we may change or discontinue all or any part of the Cam Protect Services, at any time and without notice, at our sole discretion. You also have the right to stop using the Cam Protect Services at any time. We are not responsible for any loss or harm related to your inability to access or use any Cam Protect Services.
WYZE CAM PRO PLUS SERVICE SUBSCRIPTION
LICENSE TO USE
Subject to these Cam Protect Terms, Wyze grants you a limited, non-transferable, non-exclusive right to access and use the Cam Protect Services during the duration of your subscription for the sole purpose of using the Products and Cam Protect Services to monitor your property for your personal, non-commercial use.
Use of the Cam Protect Services requires purchasing a Cam Protect subscription for a Wyze Cam Product. Each Wyze Cam Product you wish to enroll requires its own Cam Protect subscription. See Section 7(I) of the Standard Terms for more information about how you will be charged for your subscription.
When you set up a new Wyze Cam Product in your account, your Wyze Cam Product may be enrolled in a free trial of the Cam Protect Services. Free Trials are intended to allow you to try the Cam Protect 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.
If you enroll in an automatically renewing subscription before the end of your free trial, such as by redeeming a subscription activation code provided with your Wyze Cam Product, your free trial will automatically end.
Your Cam Protect Services will also automatically terminate at the end of the free trial. If you wish to continue using the Cam Protect Services, you will need to sign up for a paid subscription at the then-current price. If you cancel during a trial period, you might lose access to content immediately.
You may cancel your subscription to the Cam Protect Services at any time and for any reason by following the instructions below. However, if you do so, Wyze will not refund any Fees for the Subscription Period for the Cam Protect that have been validly charged, debited or otherwise billed to your account as of the date of such termination.
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 new Subscription Period beginning on February 1.
You must cancel your Cam Protect subscription through the same platform on which you signed up:
Regardless of how you cancel your subscription, your User Recordings will remain available until the end of the storage period referenced in “Wyze Cam Protect Recordings” section above.
After you cancel your subscription to Cam Protect, you will continue to have access to the Cam Protect Services until the end of your current Subscription Period. At that time, your subscription and access to Cam Protect will end, and the Monitoring Service Provider will no longer receive alarm notices from you.
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.
WYZE IS NOT AN INSURER
Wyze is not an insurer of you, your Monitored Property, other persons living in or present at your Monitored Property, or the contents of your Monitored Property.
YOU SHOULD PROTECT AGAINST ANY RISK OF LOSS WITH APPROPRIATE INSURANCE COVERAGE, AND YOU ARE RESPONSIBLE FOR OBTAINING ALL INSURANCE COVERAGE YOU BELIEVE IS NECESSARY. THE FEE IS BASED ON THE VALUE OF THE SERVICES WE PROVIDE AND OUR LIMITED LIABILITY UNDER THIS AGREEMENT AND NOT ON THE VALUE OF YOUR MONITORED PROPERTY, ITS CONTENTS OR THE LIKELIHOOD OR POTENTIAL EXTENT OR SEVERITY OF INJURY (INCLUDING DEATH) TO YOU OR OTHERS. THE LIMITATION OF LIABILITY, WAIVERS AND INDEMNITIES SET FORTH IN THIS AGREEMENT ARE A FAIR ALLOCATION OF RISKS AND LIABILITIES BETWEEN YOU, US AND ANY AFFECTED THIRD PARTIES.
YOU ACKNOWLEDGE THE CAM PROTECT SERVICES MAY CONTAIN BUGS, ERRORS, AND DEFECTS. ACCORDINGLY, THE CAM PROTECT 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 PROTECT SERVICES AND THEIR PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WYZE HAS NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE THE CAM PROTECT SERVICES OR FOR ANY LOSS OF DATA.
WITHOUT LIMITING OTHER RELEASES IN THESE CAM PROTECT TERMS OR THE STANDARD TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU (I) RELEASE WYZE FROM ALL LIABILITY FOR ANY LOSS, OCCURRENCE, EVENT OR CONDITION, WHETHER OR NOT COVERED BY YOUR INSURANCE, (II) RELEASE WYZE FROM ANY CLAIMS OF ANY PARTIES SUING THROUGH YOUR AUTHORITY OR IN YOUR NAME, SUCH AS YOUR INSURANCE CARRIERS, AND (III) WAIVE AND RELEASE ANY SUBROGATION AND OTHER RIGHTS YOU OR YOUR INSURANCE COMPANY MAY HAVE AGAINST WYZE FOR MONEY PAID TO YOU OR ON YOUR BEHALF. YOU WILL NOTIFY YOUR INSURANCE CARRIER(S) OF THESE RELEASES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WYZE AND THE OTHER WYZE PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF WYZE OR THE OTHER WYZE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF WYZE AND THE OTHER WYZE PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE CAM PROTECT TERMS OR OUR PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, THE CAM PROTECT SERVICES), REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO PURCHASE OUR PRODUCTS OR USE OUR SERVICES, AS APPLICABLE.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF THE WYZE PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
If you have any questions or concerns regarding the Cam Protect Services or these Cam Protect Terms, please visit https://support.wyzecam.com. Customer Support is subject to availability of applicable Wyze personnel and is limited to responding to inquiries sent through standard email and other established Wyze communication channels.
Wyze does not provide any commitments or guarantees as to response times or as to whether problems or concerns can be resolved or addressed. Any customer service and support offered and provided by Wyze is not an emergency or 911 service or a dispatch center, an emergency service provider or dispatch service, or a lifesaving solution for people at risk in their home or otherwise. PLEASE DO NOT CONTACT CUSTOMER SERVICE OR SUPPORT OFFERED BY WYZE WITH ANY LIFE/SAFETY OR SECURITY EMERGENCY, MEDICAL EMERGENCY, OR ANY OTHER EMERGENCY. IF YOU HAVE ANY SUCH EMERGENCY, YOU SHOULD IMMEDIATELY CONTACT THE POLICE, FIRE DEPARTMENT, 911 OR APPROPRIATE EMERGENCY RESPONSE SERVICE.