Updated date: 9 May, 2024
MAZi Security Company and its affiliates (“MAZi”, “we”, “our”, “us”) provide following services for use in conjunction with various MAZi products (“Products”): (1) MAZi user website and user accounts that may be accessed at www.mazisecurity.com, and all associated sites connected with www.mazisecurity.com, excluding any third parties’ sites (the “Website”); (2) online services accessible through the Website (“Web Apps”); (3) software applications that can be downloaded to a mobile device (“Mobile Apps”) including not limited to MAZi platform and HiLookVision; and (4) any services available on the Website, Web Apps and Mobile Apps (“Available Services”). The term “MAZi Services” means the Website, Web Apps, Mobile Apps, and Available Services.
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These Terms of Service (“Terms”) govern your access to and use of MAZi Services, including through Products. Your purchase of any MAZi Service may further be governed by the corresponding separate terms. The Privacy Policy is incorporated by reference into these Terms and you are agreeing to accept and abide by them by using MAZi Services. PLEASE READ THESE TERMS CAREFULLY. If you do not agree with these Terms, do not register or use any MAZi Services.
You will need to register an account via Website or Mobile Apps to access MAZi Services. For the purposes of seeking to provide you with a better experience, to improve MAZi Services or otherwise where you have consented, with such account without new registration, you may access to other services provided by MAZi over Internet and/or mobile applications. Any service-specific terms of service may apply to some services provided by MAZi, you are advised to read these Terms and any specific terms of service for your interest before using the services.
1. No Life-Safety or Critical Uses of MAZi Services
You acknowledge and agree that MAZi Services and Products are not certified for emergency response. MAZi makes no warranty or representation that use of MAZi Services or Products with any third-party’s products or services will affect or increase any level of safety or security. MAZi Services and Products are not a third-party monitored emergency notification system -- MAZi will not dispatch emergency authorities to the monitored place in the event of an emergency. All life threatening and emergency events should be directed to appropriate response services.
2. Electronic Contracting and Messaging
By using MAZi Services, registering Products, creating an online account for MAZi Services (“Account”), or engaging in any transactions via MAZi Services, you agree to accept and be bound by these Terms and our Privacy Policy. You agree that when you use your login credentials or click on any “I Agree” button when using MAZi Services, you affirmatively consent to conduct business electronically with MAZi, and such credentials and processes have the same force and effect with your written signature. You agree and consent to MAZi sending you disclosures, messages, notices, and other communications, including direct marketing text messages, to your designated mobile phone and email account.
3. These Terms May Change
MAZi reserves the right to make changes to these Terms provided certain provisions of these Terms prove to be incomplete or outdated and further provided that these changes are reasonable for you, taking into account your interests. If we make any changes to these Terms, we will notify you by the email address specified in your Account or by means of notice on the Website of any such changes which will become effective immediately upon the release. Continued use of MAZi Services following this notice will indicate your acknowledgment and agreement to be bound by the revised Terms.
4. Relationship to Product Warranty
These Terms govern your use of MAZi Services. Your purchase of any Product is governed by the limited warranty provided with that Product.
5. Eligibility
You are prohibited from registering a Product for use with MAZi Services or from using MAZi Services unless you are 18 years of age or older, if individual, or, have obtained the authorization, if company. You may not use MAZi Services where prohibited by applicable law. We also do not knowingly collect any information from children under the age of 18, or equivalent minimum age in the relevant jurisdiction. If you are not 18 years of age or older, you must have your parent or legal guardian register a Product or create an Account to use MAZi Services. Please contact us at info@mazisecurity.com if you believe your child has provided us with personal information in connection with MAZi Services.
6. Creating an Account
To use your Product via MAZi 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 MAZi Services does not violate any applicable law or regulation. You have no right to transfer your Account to any other individuals in any manner. MAZi is not liable for any loss or damages arising from your failure to maintain the confidentiality of your Account. You agree to notify us immediately of any unauthorized access to or use of your Account or any breach of security. You may be held liable for losses incurred by us or any other MAZi users due to someone else using your Account as a result of your failing to keep your Account information secure and confidential.
By registering any MAZi Product in your Account, you will be deemed to have the “Ownership” of the Product. The Product can only be registered in one account, thus you acknowledge that if you transfer your Products to others, you will not be able to connect the Products to your account.
7. System and Equipment Requirements
Use of certain Products or discrete functionality may require Internet access and registration to MAZi Services. You must have the necessary hardware, software, and Internet access needed to register and use the Product with MAZi Services. MAZi Services will not be accessible without: (i) a working network that is positioned to communicate reliably with our Products; (ii) a PC device or a mobile device with Android OS or Apple iOS to pair Products; (iii) an Account; (iv) always-on broadband Internet access; and (v) other system elements that may be specified by MAZi Services in connection with the specific Product. In addition, you acknowledge that MAZi Services 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 MAZi Services.
8. Changes to MAZi Services
MAZi may change, upgrade, discontinue, or temporarily suspend any feature or component of MAZi Services at any time without notice. MAZi cannot guarantee and makes no warranties that any software updates can be implemented on any Product or that changes to MAZi Services will operate as intended. You acknowledge that you may be required to install software updates to use MAZi 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.
9. Term and Termination
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These Terms will remain in full force and effect as long as you continue to access or use MAZi Services. If you transfer a Product to a new owner, your right to use MAZi Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or MAZi Services under your Account. You may cancel your Account at any time by calling Customer Support at info@mazisecurity.com.
10. License
Subject to your compliance with these Terms, MAZi grants you a revocable, limited, non-exclusive, non-transferable, non-sub-licensable license to install and use (a) our mobile applications (“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 MAZi Services. 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 MAZi or its licensors.
11. 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 MAZi Services, including the Mobile Apps and Other Software (collectively, the “Software”), (iii) copy or reproduce MAZi 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 MAZi Services; (v) use the Software and MAZi Services in any fashion that may infringe any patent, copyright, trademark, trade secret, or any other intellectual property or proprietary right of MAZi, 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, MAZi Services, or any part thereof (except to the extent applicable laws specifically prohibit such restriction), or (vii) use the Software or the Service for any service bureau, time-sharing, resale or similar purposes. MAZi reserves all rights and licenses in and to the Software not expressly granted to you under these Terms.
12. Processing of Your Personal Data
To the extent (i) you are a corporate customer; and (ii) personal data from the European Economic Area (“EEA”), and/or the United Kingdom (“UK”) are processed by MAZi in the course of its provision of Services to you and/or where such processing is otherwise subject to the requirements of the General Data Protection Regulation, the Data Protection Addendum (“DPA”) shall govern the processing of such personal data by you and MAZi and the DPA shall be deemed incorporated into these Terms.
13. Open Source
Certain items of software included with the Products are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. 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, MAZi makes such Open Source Software, and MAZi modifications to that Open Source Software, available by written request to MAZi at the email or mailing address listed below:
By downloading/requesting the source code to any of the Open Source Software ("Source Code"), you agree to the following:
MAZi 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, MAZi AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAZi 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.
14. Access to MAZi Services
You may only access and use MAZi Services solely for the purpose of (a) operating, managing, monitoring, and maintaining the Products, (b) managing your Account and preferences, and maintain your registration data.
When using MAZi Services, you shall not:
disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to, MAZi Services or any computer network;
circumvent any technological measure implemented by MAZi or any providers or any other third party (including another user of MAZi Services) to protect MAZi 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, MAZi Services, or any other system, device or property;
run Maillist, Listserv, or any form of auto-responder or “spam” on MAZi Services;
attempt, in any manner, to obtain the password, account, credentials, or other security information from any other user; or
jeopardize the security of your Account or anyone else’s account (for example, by allowing another individual to login into MAZi Services as you).
15. Limitations of MAZi Services
MAZi Services are intended to be accessed and used for non-time-critical information and control of Products. While we strive for MAZi Services to be highly reliable and available, it is not intended to be reliable or available 100% of the time. MAZi Services is 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 MAZi is not responsible for any damages allegedly caused by the failure or delay of MAZi Services to reflect current status of the Product, notifications, or timing of your video content.
MAZi 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. MAZi does not offer any specific uptime guarantee for MAZi Services. MAZi is not liable for any losses arising from a suspension of MAZi Services.
All information concerning MAZi Services and use of the Product with MAZi Services is provided “as is” and “as available”. MAZi does not guarantee that this information is correct or up to date. Accessing the information through MAZi Services is not a substitute for direct access to the information in or on the Product itself.
Although MAZi cares about the security, integrity, and availability of your video content and personal information, we cannot guarantee the security of your personal information. You acknowledge that you provide your video content and your personal information at your own risk.
16. Limitations of MAZi Services Due to Reliance on Third Parties
MAZi Services relies on certain third-party products and services. For example, some aspects of MAZi Services– such as data storage, synchronization, and communication – are enabled by Amazon Web MAZi Services or other providers. As another example, we rely on mobile operating system vendors and mobile carriers to enable mobile device notifications through MAZi Services. These third-party’s products and services are beyond our control, and their operation may not operate in a reliable manner or be available 100 % of the time. MAZi is not responsible for any damages and losses due to the operation of these third-party’s products and services.
You further acknowledge that you are responsible for all fees charged by your ISP and carrier in connection with your access to and use of MAZi Services and access to your Products. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and carrier.
You acknowledge and agree that the availability of 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 MAZi 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.
17. Release Regarding Third Parties
MAZi is not responsible for third parties or their products and services, including, without limitation, any third-party’s products and services that enable MAZi Services, equipment, ISPs, carriers, the App Stores and among others.
MAZi HEREBY DISCLAIMS AND YOU HEREBY DISCHARGE, WAIVE AND RELEASE MAZi 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.
18. Indemnity
You agree to defend, indemnify, and hold MAZi, its affiliates, directors, officers, employees, shareholders, 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 MAZi Services and Product; (ii) your violation of these Terms; (iii) your violation of any law or the rights of any third party. MAZi will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- WARRANTY DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAZi SERVICES (I.E. THE WEBSITE, THE MOBILE APPS AND SOFTWARE) ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE” WITH ALL FAULTS AND ERRORS, AND MAZi 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.
MAZi DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SOFTWARE OR SERVICE PROVIDED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH MAZi SERVICES (INCLUDING, BUT NOT LIMITED TO, CLOUD SERVICES) OR ANY HYPERLINKED WEBSITE OR SERVICE.
MAZi MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH MAZi SERVICES, AND MAZi WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH MAZi SERVICES. MAZi MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH MAZi SERVICES.
YOU ACKNOWLEDGE THAT THE USE OF MAZi SERVICES SHALL BE CONNECTED WITH THE INTERNET, AND USE SHALL BE WHOLLY AT YOUR OWN RISK. MAZi DOES NOT REPRESENT OR GUARANTEE THAT MAZi SERVICES WILL BE FREE FROM LOSS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND MAZi DISCLAIMS ANY LIABILITY RELATING THERETO.
SURVEILLANCE, DATA PROTECTION, AND PRIVACY LAWS VARY BY JURISDICTION AND MAY IMPOSE CERTAIN RESPONSIBILITIES ON YOUR USE OF MAZi SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU (AND NOT MAZi) WILL BE RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH APPLICABLE LAWS WHERE YOU LIVE AND THAT MAZi SHALL NOT BE LIABLE IN THE EVENT THAT MAZi 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 MAZi SERVICES FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY.
- LIMITATIONS ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MAZi, 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, DOCUMENTATION, OR PROFITS, SERVICE INTERRUPTION, COMPUTER DAMAGE, COST OF SUBSTITUTE SERVICES, INABILITY TO USE
MAZi SERVICES, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY MAZi SERVICES OR BY FAILURES OF MAZi SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAZi KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MAZi’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO MAZi SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE FEES ACTUALLY PAID BY YOU TO MAZi OR MAZi’S AUTHORIZED RESELLER FOR MAZi 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. MAZi DISCLAIMS ALL LIABILITY OF ANY KIND OF MAZi’S LICENSORS AND SUPPLIERS.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MAZi AND YOU.
21. Dispute Resolution
You agree that these Terms and any claim, dispute, action, cause of action, issue or request for relief between you and MAZi arising out of or relating to these Terms or MAZi Services (collectively, “Disputes”) will be governed by and construed in accordance with the laws of the People’s Republic of China, 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 MAZi, our goal is to learn about and address your concerns. You agree that you will notify MAZi about any Dispute you have with MAZi regarding these Terms or our Products or MAZi Services by contacting MAZi at info@mazisecurity.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 MAZi may bring a formal proceeding.
22. Binding Arbitration
You and MA Zi agree to submit to binding arbitration all disputes and claims arising out of or relating, in any way, to these Terms or any of MAZi Services, 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 MAZi. These Terms will be governed by the laws of the People’s Republic of China and shall be submitted exclusively to the China International Economic and Trade Arbitration Commission (“CIETAC”) in Beijing in accordance with CIETAC rules. Unless otherwise precluded by law, you and MAZi 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.
23. Limitation on Claims
Regardless of any statute or law to the contrary, any dispute arising out of or related to your use of MAZi 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.
24. Entire Agreement; Waiver; Severability
These Terms constitute the entire and exclusive understanding between you and MAZi with respect to the use of MAZi Services, and these terms supersede and replace any and all prior oral or written understandings or agreements between MAZi and you regarding MAZi Services. MAZi’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.
25. Assignment
You may not assign or transfer these Terms and any associates rights or obligations, by operation of law, without MAZi’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. MAZi may freely assign or transfer these Terms without restriction.
26. Contact Us
Should you have any questions, please contact us immediately via email at info@mazisecurity.com.