Wyze may also modify or amend these Complete Motion Capture Terms in its sole discretion without advance notice by posting the modifications or amended Complete Motion Capture Terms on the Site or through the Wyze App (and/or by email notification if we so choose). Material changes to these Complete Motion Capture 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 Complete Motion Capture 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 COMPLETE MOTION CAPTURE 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 Complete Motion Capture Terms, you agree to be bound by the updated or modified Complete Motion Capture Terms. These Complete Motion Capture Terms may not otherwise be modified or amended, except with the written agreement of both parties.
1. License to Use
Subject to these Complete Motion Capture 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
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 restrictions in the Wyze Cam Terms.
3. Additionally, before using CMC 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 CMC Services are intended for purely personal and household use. These Complete Motion Capture Terms do not permit you to use the CMC Services in a business or a workplace. Disclaimers
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
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 CMC Services also automatically send User Recordings to Wyze or its third party service provider (including Amazon Kinesis) for storage and allows 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. 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.
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.
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 Complete Motion Capture 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 User 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