Last Updated: November 1st, 2016
SANNCE, Inc. and its affiliates (collectively “SANNCE”) provide the following services for use in conjunction with various SANNCE Internet-connected products (“Products”): (1) a SANNCE user website and user accounts that may be accessed at www.sannce.com, and all associated sites connected with www.sannce.com (the “Website”); (2) online services accessible through the Website (“Web Apps”); (3) software applications that can be downloaded to a mobile device (“Mobile Apps”); and (4) subscription services, including paid subscriptions to SANNCE’s cloud storage services and other paid features (“Subscription Services”). The term “SANNCE Services” means the Website, Web Apps, Mobile Apps, and Subscription Services.
- No Life-Safety or Critical Uses of the SANNCEServices
You acknowledge and agree that the SANNCE Services and Products are not certified for emergency response. SANNCE makes no warranty or representation that use of the SANNCE Services or Products with any third-party product or service will affect or increase any level of safety or security. The SANNCE Services and Products are not third-party monitored emergency notification system -- SANNCE will not dispatch emergency authorities to your home in the event of an emergency. All life threatening and emergency events should be directed to appropriate response services.
- Electronic Contracting and Messaging
By using the SANNCE Services, registering the Product, creating an online account for the SANNCE Services (“Account”), or engaging in any transactions via the SANNCE Services, you are agreeing to these Terms and our Privacy Statement. You agree that when you use your login credentials or click on any “I Agree” button when using the SANNCE Services, you affirmatively consent to conduct business electronically with SANNCE, and such credentials and processes have the same force and effect as your written signature. You agree and consent to SANNCE sending you disclosures, messages, notices, and other communications, including direct marketing text messages, to your designated mobile phone and email account.
- These Terms May Change
SANNCE reserves the right to make changes to these Terms over time. We will notify you through the SANNCE Services or via email if we make material modifications. Continued use of any SANNCE Service following this notice will indicate your acknowledgment and agreement to be bound by the revised Terms. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
- Relationship to Product Warranty
These Terms govern your use of the SANNCE Services. Your purchase of any Product is governed by the limited warranty provided with that Product.
- Eligibility; Children
You are prohibited from registering a Product for use with the SANNCE Services or from using the SANNCE Services unless you are 18 years of age or older. You may not use the SANNCE Services where prohibited by applicable law. We also do not knowingly collect any information from children under the age of 13. Any use or access to the SANNCE Services by individuals under the age of 13 is strictly prohibited and is a violation of these Terms. If you are between the ages of 13 and 18 years of age, you must have your parent or legal guardian register a Product or create an Account to use the SANNCE Services, and you must only use the SANNCE Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Please contact us at email@example.com if you believe we might have any information from or about a child under 13, or if we might have any information from or about a child without verification of parental consent, and we will delete that information.
- Creating an Account
To use your Product via SANNCE Services, you are required to create an Account. You represent and warrant that: (i) all required registration information you submit is truthful, accurate and complete; (ii) you will maintain the accuracy, security, and confidentiality of such information; and (iii) your use of the SANNCE Services does not violate any U.S. or other applicable law or regulation. You have no right to transfer your Account to any other individual in any manner, which includes sharing your password with other individuals. SANNCE is not liable for any loss or damages arising from your failure to maintain the confidentiality of your Account. You agree to notify SANNCE immediately of any unauthorized access to or use of your Account or any breach of security.
- System and Equipment Requirements
Use of certain Products or discrete functionality may require Internet access and registration to the SANNCE Services. You must have the necessary hardware, software, and Internet access needed to register and use the Product with the SANNCE Services. The SANNCE Services will may be accessible without: (i) a working Wi-Fi network that is positioned to communicate reliably with our Products; (ii) a computer or a mobile device with Android OS or Apple iOS to pair the Products with its nearby Wi-Fi network; (iii) an Account; (iv) always-on broadband Internet access; and (v) other system elements that may be specified by SANNCE in connection with specific Products. In addition, you acknowledge that SANNCE may activate Bluetooth or Wi-Fi services on your device, with or without prior notification, in order to facilitate proper registration of the Product, and connectivity and registration to the SANNCE Service.
- Changes to SANNCEServices
SANNCE may change, upgrade, discontinue, or temporarily suspend any feature or component of the SANNCE Services at any time without notice. SANNCE cannot guarantee and makes no warranties that any software updates can be implemented on any Product or that changes to the SANNCE Services will operate as intended. You acknowledge that you may be required to install software updates to use the SANNCE Services with your Product, and you agree to promptly install such updates we provide. You are solely liable for any losses arising from a failure to timely implement such updates.
- Term and Termination
These Terms will remain in full force and effect as long as you continue to access or use the SANNCE Services, or until terminated in accordance with the provisions of these Terms. At any time, and without prior notice, SANNCE may suspend or terminate your rights to use the SANNCE Services if SANNCE believes in good faith that you have used an SANNCE Service in violation of these Terms. If you transfer an SANNCE Product to a new owner, your right to use the SANNCE Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or the SANNCE Service sunder your Account and will need to register for a separate Account with SANNCE. Upon termination of your Account, your right to use the SANNCE Services will automatically terminate and we may delete Your Content and other information related to your Account at the end of your subscription period. You may cancel your Account at any time by calling Customer Support at firstname.lastname@example.org.
Subject to your compliance with these Terms, SANNCE grants you a revocable, limited, non-exclusive, non-transferable, non-sub-licensable license to install and use (a) Mobile Apps, and (b) any embedded firmware in the Product and updates (“Other Software”), in each case solely in connection with your personal, non-commercial use of the Product and the SANNCE Service. You may only use the Mobile Apps on devices that you own, lease, or otherwise control. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SANNCE or its licensors.
- License Restrictions
Unless as expressly permitted in these Terms, you agree not to, and you will not permit others to, (i) license, sublicense, assign, convey or transfer, the rights and licenses granted hereunder; (ii) publish, display, disclose, sell, rent, lease, store, loan, distribute, transmit, publicly display or perform, co-brand, frame, host, outsource, or otherwise commercially exploit the SANNCE Services, including the Mobile Apps and Other Software (collectively, the “Software”), (iii) copy or reproduce the SANNCE Services or Software or any part thereof, in any form; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or SANNCE Services; (v) use the Software and SANNCE Services in any fashion that may infringe any patent, copyright, trademark, trade secret, or any other intellectual property or proprietary right of SANNCE, its third-party providers, or any other third-party; (vi) modify, translate, adapt, disassemble, reverse engineer decompile, reverse compile, or create compilations or derivative works of, the Software, SANNCE Service, or any part thereof (except to the extent applicable laws specifically prohibit such restriction), or (vii) use the Software or SANNCE Services for any service bureau, time-sharing, resale, or similar purposes.
SANNCE reserves all rights and licenses in and to the Software not expressly granted to you under these Terms.
- Open Source
Certain third party software code may be included in the Products that are subject to “open source” or “free software” licenses (“Open Source Software”). The Open Source Software is not subject to these Terms. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, SANNCE makes such Open Source Software, and SANNCE modifications to that Open Source Software, available by written request to SANNCE at the email listed below:
By downloading or requesting the source code to any of the Open Source Software (“Source Code”), you agree to the following:
SANNCE PROVIDES THE SOURCE CODE TO YOU ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOURCE CODE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SANNCE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SANNCE AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SOURCE CODE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
- Access to SANNCEServices
You may only access and use the SANNCE Services solely for the purpose of (a) operating, managing, monitoring, and maintaining the Products, (b) viewing, sharing, and storing video, audio, and other content captured and transmitted by the Products to the SANNCE Services, and (c) to subscribe to the SANNCE Services, manage your Account and preferences, and maintain your registration data.
When using the SANNCE Services, you shall not:
- disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to, the SANNCEServices or any computer network;
- circumvent any technological measure implemented by SANNCEor any of SANNCE’s providers or any other third party (including another user of the SANNCE Services) to protect the SANNCE Services;
- upload, transmit, distribute, or run any computer virus, worm, Trojan horse, or any computer code that could damage or alter a computer, portable device, computer network, communication network, data, the SANNCEServices, or any other system, device, or property;
- run Maillist, Listserv, or any form of auto-responder or “spam” on the SANNCEServices;
- attempt, in any manner, to obtain the password, account, credentials, or other security information from any other user;
- jeopardize the security of your Account or anyone else’s account (for example, by allowing another individual to login into the SANNCEServices as you);
- impersonate any other user, person, or entity (including, without limitation, using e-mail addresses associated with any of the forgoing to create an Account);
- provide referral information for someone else without first obtaining consent from the person being referred and notifying them that they may receive communication from SANNCE;
- violate any applicable federal, state, local, or international law or regulation (including, without limitation, any law regarding the export of data or software to and from the U.S. or other countries).
These Terms shall apply to any future update, release, or other change to the Services.
You may elect to display, share, email, or otherwise make available (collectively, “Submit”) text, graphics, photographs, video, images, audio, and other works of authorship via the Product or directly into the SANNCE Services, including for storage and sharing with third parties online (“Your Content”). When you post Your Content in publicly accessible sections of the SANNCE Services or third-party social networking sites via the SANNCE Services, such content will be accessible and viewed by others. You are solely responsible for Your Content submitted through the SANNCE Services, and SANNCE will not be liable for any errors or omissions in Your Content.
SANNCE may also make available on the SANNCE Services text, graphics, photographs, video, images, illustrations, audio, music, commentary, and other works of authorship it owns or from other users of the SANNCE Services (“SANNCE Content”). SANNCE Content, along with the SANNCE Service and its underlying technology, are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You may access and view SANNCE Content solely for personal use and consumption, and are prohibited from copying, selling, renting, distributing (including through digital distribution), publicly performing (including through digital performance), marketing, making derivative works, or otherwise exploiting such SANNCE Content without SANNCE’s prior written consent.
SANNCE makes no endorsement, representation, or warranty of any kind about Your Content or SANNCE Content, or any information, services, or recommendations accessed through the SANNCE Services. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the SANNCE Service.
You agree that all Your Content and SANNCE Content accessed by you using the SANNCE Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You hereby release us from all liability for your having acquired or not acquired Your Content or SANNCE Content through the SANNCE Service.
By making Your Content available on or through the SANNCE Services you grant to SANNCE a non-exclusive, transferable, sub-licensable, worldwide, royalty-free, perpetual, irrevocable right and license to use, copy, modify, publicly display, publicly perform, and distribute Your Content in connection with operating and providing the SANNCE Services to you. We also have the right to reformat, create derivative works of, excerpt, translate, modify, or otherwise change any of Your Content for storage and viewing via the SANNCE Services. When you post or share Your Content for public viewing, you grant SANNCE the right and license to copy, distribute, license, market, perform, display, distribute, exploit, and create derivative works of Your Content without any restriction or compensation to you, in any medium or via any channel now known or later discovered. Such licenses and rights shall be sub-licensable by SANNCE.
You represent and warrant that you own Your Content or that you have all rights necessary to Submit Your Content in the manner in which you choose, and that you grant us a license to use Your Content as described in these Terms.
You warrant, represent, and agree that Your Content and the use and provision of Your Content on the SANNCE Services as provided in these Terms will not: (i) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy, or other rights; (ii) violate, or encourage any conduct that would violate, any applicable law, statute, regulation, or ordinance, or would give rise to civil liability; (iii) be fraudulent, false, misleading, deceptive, defamatory, tortuous, obscene, harmful, pornographic, vulgar, offensive, or otherwise objectionable; (iv) promote discrimination, racism, hatred, harassment, or harm against any individual or group; (v) be violent, threatening, abusive, or promote violence or actions that are threatening or abusive to any person or entity; or (vi) promote illegal or harmful activities or substances.
All comments, suggestions, feedback, or ideas Submitted by you about the SANNCE Services are SANNCE’s property and we may access, copy, modify, redistribute, publish, or otherwise use them for any purpose and in any way without due compensation to you. SANNCE does not waive any right to use similar ideas previously known to us or developed by us.
- Paid Subscriptions
When you are required to activate a Product that includes online data storage, you will automatically receive a one-month trial to our online storage services for Your Content free of charge. After the one-month trial period, you can elect to subscribe to online services for Your Content and add paid features to your Account (i.e., the Subscription Services). Please see SANNCE’s Terms and Conditions of Sale for more information concerning subscription services.
- Limitations of SANNCEServices
The SANNCE Services are intended to be accessed and used for non-time-critical information and control of Products. While we strive for the SANNCE Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The SANNCE Services are subject to sporadic interruptions and failures for a variety of reasons beyond our control, including Wi-Fi intermittency, service provider uptime, mobile notifications, and carriers, among others. You acknowledge these limitations and agree that SANNCE is not responsible for any damages allegedly caused by the failure or delay of the SANNCE Services to reflect current status of the Product, notifications, or timing of Your Content.
The SANNCE Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, updates, adjustments, or other circumstances. You acknowledge and agree that you will not be entitled to any refund or rebate for any such suspension. SANNCE does not offer any specific uptime guarantee for the SANNCE Services. SANNCE is not liable for any losses arising from a suspension of the SANNCE Services.
All information concerning the SANNCE Services and use of the Product with the SANNCE Services is provided “as is” and “as available”. SANNCE does not guarantee that this information is correct or up to date. Accessing the information through the SANNCE Services is not a substitute for direct access to the information in or on the Product itself.
Although SANNCE cares about the security, integrity, and availability of Your Content and personal information, we cannot guarantee the security of your personal information. You acknowledge that you provide Your Content and your personal information at your own risk.
- Limitations of the SANNCEService Due to Reliance on Third Parties
The SANNCE Services rely on certain third-party products and services. For example, some aspects of the SANNCE Services– such as data storage, synchronization, and communication – are enabled by Amazon Web Services. As another example, we rely on mobile operating system vendors and mobile carriers to enable mobile device notifications through the SANNCE Services. These third-party products and services are beyond our control, and their operation may not operate in a reliable manner or be available 100% of the time. SANNCE is not responsible for any damages and losses due to the operation of these third-party products and services.
You acknowledge and agree that the availability of the Mobile Apps is dependent on the third-party web services from which you download the Mobile Apps – for example, the Android app market from Google or the App Store from Apple (each an “App Store”). You acknowledge that these Terms are between you and SANNCE and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from that App Store. You agree to comply with, and your license to use the Mobile Apps, is conditioned upon your compliance and agreement with such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
- Third-Party Website Links and Referrals
- Release Regarding Third-Parties
SANNCE is not responsible for third parties or their products and services, including, without limitation, any third party products and services that enable the SANNCE Services, equipment, ISPs, carriers, the App Stores, Third Party Sites, and Referred Vendors.
SANNCE HEREBY DISCLAIMS AND YOU HEREBY DISCHARGE, WAIVE AND RELEASE SANNCE AND ITS LICENSORS AND SUPPLIERS FROM ANY PAST, PRESENT, AND FUTURE CLAIMS, LIABILITIES, AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO YOUR INTERACTIONS WITH SUCH THIRD PARTIES AND THEIR PRODUCTS AND SERVICES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
- Geographic Restrictions
The owner of the SANNCE Services is based in the state of California in the United States. SANNCE provides the SANNCE Services for use only be persons located in the United States. SANNCE makes no claims that the SANNCE Services or any of their contents are accessible or appropriate outside the United States. Access and use of the SANNCE Services may not be legal by certain persons or in certain countries. If you access or use the SANNCE Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- WARRANTY DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SANNCE SERVICES (I.E. THE WEBSITE, MOBILE APPS, WEB APPS, SUBSCRIPTION SERVICES) AND SOFTWARE ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE” WITH ALL FAULTS AND ERRORS, AND SANNCE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AVAILABILITY, DATA SECURITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
SANNCE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SOFTWARE, OR SANNCE SERVICE ADVERTISED OR PROVIDED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE SANNCE SERVICES (INCLUDING, BUT NOT LIMITED TO, CLOUD SERVICES) OR ANY HYPERLINKED WEBSITE OR SERVICE.
SANNCE MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND SANNCE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SANNCE SERVICES. SANNCE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SANNCE SERVICES.
YOU ACKNOWLEDGE THAT THE USE OF THE SANNCE SERVICES SHALL BE CONNECTED WITH THE INTERNET, AND USE SHALL BE WHOLLY AT YOUR OWN RISK. SANNCE DOES NOT REPRESENT OR GUARANTEE THAT THE SANNCE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND SANNCE DISCLAIMS ANY LIABILITY RELATING THERETO.
SURVEILLANCE, DATA PROTECTION, AND PRIVACY LAWS VARY BY JURISDICTION AND MAY IMPOSE CERTAIN RESPONSIBILITIES ON YOUR USE OF THE SANNCE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU (AND NOT SANNCE) WILL BE RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH APPLICABLE LAWS WHERE YOU LIVE AND THAT SANNCE SHALL NOT BE LIABLE IN THE EVENT THAT THE SANNCE SERVICES IS USED FOR ILLEGAL PURPOSES, INCLUDING, WITHOUT LIMITATION: NON-CIVIL USE; RECORDING OR SHARING VIDEO OR AUDIO CONTENT THAT IS NOT IN CONFORMANCE WITH APPLICABLE LAW; FAILURE TO COMPLY WITH NOTICE AND CONSENT LAWS; INFRINGEMENT OF THIRD PARTY RIGHTS; USE IN CONNECTION WITH MEDICAL TREATMENT, OR OTHER SITUATIONS WHERE THE SANNCE SERVICE FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY.
- LIMITATIONS ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SANNCE, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA OR CONTENT, LOST DOCUMENTATION, OR LOSS OF REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE, COST OF SUBSTITUTE SERVICES, INABILITY TO USE THE SANNCE SERVICES, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY THE SANNCE SERVICES OR BY FAILURES OF THE SANNCE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SANNCE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SANNCE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SANNCE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE FEES ACTUALLY PAID BY YOU TO SANNCE OR SANNCE’S AUTHORIZED RESELLER FOR THE SANNCE SERVICES IN THE PRIOR 6 MONTHS (IF ANY) IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. SANNCE DISCLAIMS ALL LIABILITY OF ANY KIND OF SANNCE’S LICENSORS AND SUPPLIERS.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SANNCE AND YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold SANNCE, its directors, officers, employees, shareholders, affiliates, contractors, agents, licensors, and suppliers harmless from any damages, liabilities, claims, demands, losses, or expenses, including attorneys’ fees, made by any third party due to or arising out of or in connection with (i) your use of the SANNCE Services and Products; (ii) your violation of these Terms; (iii) Your Content, and (iv) your violation of any law or the rights of any third party. SANNCE will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
- Dispute Resolution
You agree that these Terms and any claim, dispute, action, cause of action, issue, or request for relief between you and SANNCE arising out of or relating to these Terms or the SANNCE Service (collectively, “Disputes”) will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
If a Dispute arises between you and SANNCE, our goal is to learn about and address your concerns. You agree that you will notify SANNCE about any Dispute you have with SANNCE regarding these Terms or the Products or SANNCE Services by contacting SANNCE at email@example.com. We’ll try to resolve the Dispute informally by contacting you through email. If a Dispute is not resolved within 90 (ninety) days after submission, you or SANNCE may bring a formal proceeding.
- Binding Arbitration
You and SANNCE agree to submit to binding arbitration all Disputes on an individual and purely bilateral, non-class/non-representative bases. Arbitration on an individual basis is the exclusive remedy for any claims which might otherwise be brought on a class, collective, or representative basis between you and SANNCE. This agreement to arbitrate will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms , and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall take place in City of Industry, California. You and SANNCE shall select a mutually agreeable arbitrator from the AAA. Unless otherwise precluded by law, you and SANNCE shall each separately pay your or its own attorneys’ fees and costs. You agree that if any provision of this arbitration agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of the arbitration agreement shall remain in full force and effect consistent with applicable law. However, the entire agreement to arbitrate shall be void if the provisions above waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason.
- Limitation on Claims
Regardless of any statute or law to the contrary, any dispute arising out of or related to your use of the SANNCE Services must be filed within one (1) year after the occurrence of the event or facts giving rise to a dispute, or you waive the right to pursue any dispute based upon such event or facts forever.
- Entire Agreement; Waiver; Severability
These Terms constitute the entire and exclusive understanding between you and SANNCE with respect to the use of the SANNCE Services, and these terms supersede and replace any and all prior oral or written understandings or agreements between SANNCE and you regarding the SANNCE Services. SANNCE’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms. If a court or tribunal should find that one or more rights or provisions set forth in these Terms are invalid, you agree that the remainder of the Terms will remain in full force and effect and that the invalid provision will be enforceable to the fullest extent permitted by law.
You may not assign or transfer these Terms and any associated rights or obligations, by operation of law, without SANNCE’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. SANNCE may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
- Contact Us
Should you have any questions, please contact us immediately via email at firstname.lastname@example.org.
Thank you for purchasing SANNCE, Inc. (“SANNCE”) products. This limited warranty (“warranty”) gives you specific legal rights, and you may also have other rights which vary from state to state. This warranty applies only to the original purchaser of the product. The disclaimers, exclusions, and limitations of liability under this limited warranty will not apply to the extent prohibited by applicable law.
No distributor, reseller, agent, or employee is authorized to make any modification, extension, or additions to this limited warranty.
Your SANNCE product is warranted for a period of one (1) year from the date of purchase against defects in materials and workmanship, or such longer periods as may be required by law in the state where this product is sold, when used normally in accordance with SANNCE’s user manual.
You can request warranty service by emailing us at email@example.com.
For any defective SANNCE products under warranty, SANNCE will, at its option, (i) repair or replace your product free of charge; (ii) exchange your product with a functional equivalent product; (iii) or refund the original purchase price, provided you provide the either a copy or the original purchase receipt, a brief explanation of the defect, and return the product in its original packaging. At SANNCE’s sole discretion, repair or replacement may be made with a new or refurbished product or components. This warranty does not cover the shipping cost, insurance, or any other incidental charges incurred by you in returning the product.
Except where prohibited by applicable law, this is your sole and exclusive remedy for breach of this limited warranty. Any product that has either been repaired or replaced under this warranty will be covered by the terms of this warranty for the longer of ninety (90) days from the date of delivery or the remaining original warranty period.
This warranty does not apply and is void:
- If the warranty claim is made outside the warranty period or if the proof of purchase is not provided.
- For any malfunction, defect, or failure caused by or resulting from the evidence of impact; mishandling; tampering; use contrary to the applicable instruction manual; incorrect power line voltage; accident; loss; theft; fire, flood, or other Acts of God; shipping damage; or damage resulting from repairs performed by unauthorized personnel.
- For any consumable parts, such as batteries, where the malfunction is due to the normal aging of the product.
- Cosmetic damage, including but not limited to scratches, dents, and broken plastic on ports.
- For any software, even if packaged or sold with SANNCEhardware.
- For any other damages free from defects in material or workmanship.
- Routine cleaning, normal cosmetic, and mechanical wear and tear.
DISCLAIMER OF WARRANTIES
EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SANNCE DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY, THE SECURITY OF THE PRODUCT, OR AVAILABILITY AND RELIABILITY OF PRODUCT INFORMATION OR DATA.
NOTE: SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES
IN NO EVENT WILL SANNCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCT, AND SANNCE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY OR THE PRODUCT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER.
NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
ALL PRODUCT INFORMATION AND DATA IS PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE.” SANNCE DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION AND DATA WILL BE AVAILABLE, ACCURATE, OR RELIABLE OR THAT PRODUCT INFORMATION AND DATA OR USE OF THE PRODUCT WILL PROVIDE SAFETY IN YOUR HOME. YOU USE ALL PRODUCT INFORMATION, DATA, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND SANNCE DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY, HOME, PRODUCT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, DATA, OR PRODUCT. PRODUCT INFORMATION AND DATA PROVIDED BY SANNCE IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT MEANS OF OBTAINING THE INFORMATION. FOR EXAMPLE, A NOTIFICATION PROVIDED THROUGH THE PRODUCT IS NOT INTENDED AS A SUBSTITUTE FOR AUDIBLE AND VISIBLE INDICATIONS IN THE HOME AND ON THE PRODUCT, NOR FOR A THIRD PARTY MONITORING SERVICE.
Please do not hesitate to contact us at firstname.lastname@example.org with any questions.
Last Updated: November 1st, 2016
SANNCE, Inc. and its affiliates (collectively “SANNCE”) provide the following services for use in conjunction with various SANNCE Internet-connected products (“Products”): (1) a SANNCE user website and user accounts that may be accessed at www.sannce.com, and all associated sites connected with www.sanncegroup.com (the “Website”); (2) online services accessible through the Website (“Web Apps”); (3) software applications that can be downloaded to a mobile device (“Mobile Apps”); and (4) subscription services, including paid subscriptions to SANNCE’s cloud storage services and other paid features (“Subscription Services”). The term “SANNCE Services” means the Website, Web Apps, Mobile Apps, and Subscription Services.
- Children’s Privacy
SANNCE does not intend that any portion of its SANNCE Services will be accessed or used by children under the age of 13, and such use is prohibited. Our SANNCE Services are designed and intended for adults. By using the SANNCE Services, you represent that you are at least 18 years old and understand that you must be at least 18 years old in order to create an Account and purchase the goods or services advertised through our SANNCE Services. If we obtain actual knowledge that an Account is associated with a registered user who is not at least 18 years old, we will promptly delete information associated with that account. If you are between the ages of 13 and 18 years of age, you must have your parent or legal guardian register a Product or create an Account to use the SANNCE Services, and you must only use the SANNCE Services under the supervision of a parent or legal guardian. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us please contact us at email@example.com. A parent or guardian of a child under the age of 13 may review and request deletion of such child’s personally identifiable information as well as prohibit the use thereof.
- Collection of Information
When you interact with us and use our SANNCE Services, including through a connected Product, SANNCE will collect information directly from you when you provide it to us and automatically as you use the SANNCE services. This information includes both “personal information” and “non-identifying information.”
“Personal information” means information about you that specifically identifies you or, when combined with other information we have, can be used to identify you, such as name, telephone number, email address, physical address, date of birth, video content files that may contain personal visual identity information, and payment information.
“Non-identifying information” means information that alone cannot directly identify you, such as product serial numbers, log data that automatically records information about your visit, such as your browser type, domains, page views, the URL of the page that referred you, the URL of the page you next visit, your IP address, and page navigation, unique device ID collected from Products and your mobile devices, data from cookies, pixel tags, and web beacons, video content files that do not contain personal visual identity information, the country and time zone of the connected Product, geo-location, mobile phone carrier identification, and device software platform and firmware information.
- Information you Provide to SANNCE
SANNCE collects information that you provide to use when using the SANNCE Services, including through a connected Product, in several ways.
- When you register with SANNCEServices and activate Products: You voluntarily provide us with personal information when you create your account to use the SANNCE Services or register a Product for online video access and viewing (“Account”). In addition, when you install and activate Products, you will be asked to provide certain basic information via our SANNCE Services, such as your camera’s name, verification code, device passwords and serial number, which are unique to the Product connected to the SANNCE Services and associated with your Account.
- When you purchase Products or Subscription Services from us: When you pre-order or make purchases through our SANNCEServices, we request that you provide your payment information, such as a credit card number, account security code, name, address, email address, phone number, and any other information necessary to complete the transaction and ship the Product or provide the Subscription Services to you.
- When you save and share video content with others on the SANNCEServices: When you save and share content through SANNCE Services, like video clips, live video streams, images, captions, and comments (“Your Content”) for other individuals to access, we will collect identifying information that will allow you to save and share Your Content, such as your email address and email address of the person you elect to share your content with.
- When you elect to refer the SANNCEServices to a friend: Through our SANNCE Services, you may be able to invite other people such as friends or family to use the SANNCE Services and download our mobile app. We collect that person's email address to automatically send an invitation by email on your behalf. We collect this information to send this email, to register your friend or family member if your invitation is accepted, and to track the success of our invitation services. In order to refer a friend, you must first obtain the consent from the person being referred to provide information on their behalf and inform them that they will be receiving a communication from SANNCE.
- When you contact us for support: When you respond to our e-mails, contact our customer service, or use other customer support tools, we collect your information to provide you with support, verify your identity with your Account profile information, and confirm your Product.
- When you connect your Account or share Your Content with your social networking account: When you connect or link to our SANNCEServices via social networking sites, including by sharing Your Content with friends via your social networking account, such as Facebook, we collect your profile information from your social networking account. For information on what information is shared with us, please review the privacy settings in your social media account or the permission screen presented at the time of connection.
- Information SANNCECollects Through Automatic Data Collection Technologies
As you navigate the SANNCE website and interact with other SANNCE Services, SANNCE may use automatic data collection technologies to collect non-identifying information about your equipment, browsing actions, and patterns in several ways:
- When you use the SANNCEServices to help us understand how you are using the service, improve SANNCE Services, and support: SANNCE may automatically collect industry-standard, non-identifying information when you access and use our SANNCE We collect this type of information to provide you with a more relevant experience, to prevent misuse, and to ensure that our SANNCE Services are working properly. We may also record adjustments you make to our Products through the SANNCE Services. We store this information along with data collected directly by your Product. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings.
- When you save and share video content with others on the SANNCEServices: When you save and share Your Content through SANNCE Services for other individuals to access, we will collect non-identifying information that will allow you to save and share Your Content.
- When you elect to visit a third-party site from the SANNCEServices: Our SANNCE Services may also contain links to other websites operated by third parties and may include social media features such as Facebook and Twitter buttons (such as “Like,” “Tweet,” or “Pin”). We record your interaction with these links.
- When you stream Your Content to the SANNCEServices: When you use the Product’s recording or streaming features, we may record and process video and/or audio content from the Product. This may include capturing and emailing to you portions of this data as part of a notification or analyzing the data to identify motion or other events. We may process information from your Product so that we can send you alerts when something happens. In addition, if you have the recording features enabled, we will capture, process, and retain video and audio data recordings from your device for the duration of your recording subscription period.
The technologies SANNCE uses for this automatic data collection may include:
- We may also engage one or more third-party service providers to serve online advertisements on our behalf via SANNCE They may use a pixel tag or other similar technology to collect anonymous information about your visits to sites, and they may use that information to target advertisements for our Products and SANNCEServices. This information is collected anonymously, in a manner that does not personally identify you. For more information regarding this practice and to opt-out of such collection and use of this information by our third-party service providers, please see Networkadvertising.org.
- We do not automatically collect personal information, but we may tie your non-identifying information to personal information that you provide to us.
- How SANNCEUses Your Information
- Operate, maintain, improve, and develop our SANNCEServices and Products;
- To personalize your experience with our SANNCEServices and Products;
- Increase the safety of our SANNCEServices and Products – for example, for user authentication, security protection, fraud detection, filing, and backups;
- Provide you with interest-based ads and offers for products and services from us;
- Facilitate and fulfill orders placed through our SANNCEServices;
- Answer your questions and respond to your requests;
- Perform analytics and conduct customer research;
- Communicate and provide additional information that may be of interest to you about our Products and SANNCEServices;
- Send you reminders, technical notices, updates, alerts, support and administrative messages, service bulletins, and requested information;
- Allow you to save and share content through our SANNCEServices; and to
- Enhance other information we have about you to help us better understand you and determine your interests.
- Disclosure of Your Information
- To protect our own legitimate business interests when we believe in good faith that we are required or permitted by law to do so. For example, we may share your personal information as needed to support auditing, compliance, and corporate governance functions; to combat fraud or criminal activity; to protect our rights or those of our affiliates and users; or as part of legal proceedings affecting SANNCE.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of SANNCE’s assets.
We may also disclose non-identifiable information (for example, aggregated or anonymized data) publicly or with third-parties.
- Choices About How SANNCEUses and Discloses Your Information
We think that you benefit from a more personalized experience when we know more about you and your preferences. However, you can limit the information you provide to SANNCE as well as the communications you receive from SANNCE through your Account preferences.
You may choose not to receive commercial e-mails from us by following the instructions contained in any of the commercial e-mails we send or by logging into your Account and adjusting your e-mail preferences. Please note that even if you unsubscribe from commercial email messages, we may still e-mail you non-commercial e-mails related to your Account and your transactions regarding SANNCE Services.
Cookies and Tracking
You can opt-out of being targeted by certain third-party ad-servers and SANNCE served ads online using the National Advertising Initiative’s opt-out tool, the About Ads opt-out tool, or on TRUSTe’s site.
You may manage how your mobile device and mobile browser share certain device data with SANNCE by adjusting the privacy and security settings on your mobile device. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.
- Accessing and Correcting Your Information
Keeping your personal information current helps ensure that we provide you with the most relevant offers. You can access and update your personal information via your Account profile. While we are ready to assist you in managing your subscriptions, deactivating your account, and removing your active profile and data, we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to previous purchases through our SANNCE Services for financial reporting and compliance reasons. In addition, because of the way we maintain certain services, after you delete certain information, we may temporarily retain backup copies of such information before it is permanently deleted.
We will retain your personal information for as long as your Account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. We will also retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
- Securing Your Personal Information
SANNCE has implemented commercially reasonable administrative, technical, and physical security controls that are designed to safeguard personal information. We also conduct periodic reviews and assessments of the effectiveness of our security controls. Notwithstanding the above, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, SANNCE cannot guarantee that your personal information is under absolute security with the existing security technology. The safety and security of your information depends on you, and you are responsible for keeping your password to access our SANNCE Services confidential. Additionally, you acknowledge that SANNCE is not liable for any losses in the vent your personal information is revealed or stolen due to any force majeure or security issues not caused by SANNCE. If you have any questions about the security of our SANNCE Services, you can contact us at firstname.lastname@example.org.
- Social Community Features
- International Users
The SANNCE Services is intended for United States residents. Your personal information will be collected and stored in the United States, and subject to the laws of the United States. If you reside in a country outside the United States, please note that the data protection and privacy laws of the United States may not be as protective as the laws in your country. You are solely responsible for compliance with foreign laws, not SANNCE, when you provide your personal information and use the SANNCE Services from outside the United States. You agree that the laws of the United States will govern the processing of your personal information, including any obligations of security and third party sharing.
- Contact Us; California Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the proceeding calendar year. In particular, the law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by SANNCE pursuant to Section 1798.83 of the California Civil Code, please contact us via our contact information above. Please allow 30 days for a response.