Updated by The YI Legal Team on May 25, 2018
These Terms are a legal agreement between Yi technologies, Inc. (“YI,” “our” and “we”) and you (also referred to as “your”) that governs the Yi Home App including all Updates (defined in Section 3 below), related documentation, and information and content provided by YI through the application (collectively, the “App”). The App is a mobile application designed to connect a mobile device to a Kami Indoor Camera or Yi Home Camera (collectively, the “Camera”) in order to control the Camera and to remotely capture and access both live and recorded videos (“Content”).
1. Account Registration. In order to use the App you will need to log-in to the App with a user account that you register for through the site or with your user account credentials from another website that we designate, such as Facebook (“Account”). You agree to provide current, complete, and accurate Account information when you register for an Account. You agree to keep your log-in information confidential and not authorize any third party to use it or your Account. You agree that we may attribute all use of your Account to you, and that you are responsible for all activities that occur under your Account. You agree to notify us immediately at firstname.lastname@example.org if you suspect any unauthorized use of your Account, the App, or any other breach of security. Depending on your Account type or other criteria, your Account may not have full access to all features or functionality available through the App. You agree not to attempt to access any (if any) restricted features or functionality.
2. Eligibility. If you are a resident of the United States, you must be 18 years of age or older to use the App. If you are a European resident, you must be 16 years of age or older to use the App. If you are an Israeli resident, you must be 13 years of age or older to use the App. Other than if you are a resident of the other country or territory, you must conform to the law of age limitation to use the app. By registering for an Account, you certify that you conform the law of age limitation.
3. Updates. If YI provide updates, supplements, or add-on components to the App after you download it (collectively, “Updates”), these Terms will apply to the Updates unless YI provides additional terms along with the Update (“Additional Terms”), in which case those Additional Terms will apply to the Update. You agree that YI may automatically check your version of the App and send Updates to the App and may release subsequent versions of the App and require you to the use the most current version.
5. License to Use of the App. Conditioned on your compliance with these Terms, YI grants you a limited, personal, non-exclusive and nontransferable license to download, install, and use the App for your personal, non-commercial use on a mobile device owned or otherwise controlled by you solely in connection with your operation of Camera(s) owned by you or by a third party that has authorized your access to the Camera(s) through the owner’s use of the App.
6. License Restrictions. The license granted in Section 6 is conditioned on your compliance with the following:
a. You must not attempt to work around, disable, bypass, modify, or defeat any technical limitations in the App or to use the App in an attempt to, or in conjunction with any device, program or service designed to circumvent any security features or any technical measures employed to control access to, or the rights in, a content, file or other work;
b. You must not reverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code of the App, except and only to the extent that applicable law expressly permits, despite this limitation;
c. You must not download or copy the App, except as expressly permitted in Section 5;
d. You must not rent, lease, lend, sell, sublicense, assign, distribute, publish, perform, display, broadcast, transfer, exploit, or otherwise make available the App or any features or functionality of the App to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
e. You must not modify or make any derivative works of the App, in whole or in part;
f. You must not remove any proprietary notices or labels on the App or any copy thereof;
g. You must not use the App in, or in association with, the operation of any hazardous environments or systems, including any aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; and military or aerospace applications, weapons systems or environments;
h. You must not to interfere, with the proper functioning of the App or use it, as a platform for external applications; to develop applications, services, websites; or any other functionalities that leverage the App or any portion thereof;
i. You must not make any use of the App in any manner not permitted by these Terms or the documentation;
j. You must use the App in compliance with all applicable laws. ATTENTION: IT IS ILLEGAL IN MANY JURISDICTIONS TO RECORD AN AUDIO CONVERSATION WITHOUT THE CONSENT OF ALL INDIVIDUALS. YOU MUST COMPLY WITH ALL LAWS WHEN USING THE APP.
7. Your Content. You are solely responsible for all Content that is uploaded, posted, emailed, transmitted, shared, or otherwise disseminated using, or in connection with, the App and your Account (“Your Content”). YI does not claim ownership of Your Content. You represent and warrant that Your Content does not infringe the rights of YI or any third party or violate any agreement with or policy of YI or any applicable law. If YI suspects violations of the foregoing, YI may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators.
8. Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest or other rights to the App other than the right to use the App in accordance with the license in Section 5. YI reserves and retains its entire right, title and interest in and to the App, including all copyrights, trademarks and other intellectual property and proprietary rights therein or relating thereto.
9. App Availability and Support. YI has no obligation to and may not provide support in relation to the App or your Account. YI does not guarantee availability of the App or your Account and your access is permitted only if and when they are available. Your use of the App and access to your Account may occasionally be restricted for service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, YI reserves the right to suspend your Account, your use of the App, and discontinue your access to Your Content provided or made available to you through the App at any time without notice.
10. Termination. You may terminate your Account or your use of the App at any time. YI reserves the right to terminate your Account and these Terms and to suspend or terminate the App or your access thereto at any time if you fail to comply with any term(s) hereof. Sections 6-17 and 19-21 of these Terms will survive termination.
11. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE LIMITED WARRANTY PROVIDED WITH ANY CAMERA YOU MAY PURCHASE, YI DOES NOT MAKE ANY OTHER AND DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, INCLUDING ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS. IN PARTICULAR, YI HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT AND DOES NOT MAKE ANY WARRANTY OR CLAIM THAT THE APP WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, OR SECURE BASIS; WILL BE ACCURATE, COMPLETE, RELIABLE, OR FUNCTION PROPERLY; MEET YOUR REQUIREMENTS; BE ERROR FREE OR FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS; PROVIDE SAFETY, PRIVACY, OR SECURITY; OR PREVENT OR MINIMIZE THEFT, PROPERTY DAMAGE, OR INJURY.
12. DISCLAIMER OF CERTAIN DAMAGES. IN NO EVENT WILL YI BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES TO OR FOR LOSS OF DATA OR PRIVACY, REVENUE, PROFITS, OR PROPERTY (INCLUDING BUILDINGS, WIRING, FIXTURES, DEVICES, COMPUTERS, PERIPHERALS, AND ANIMALS) OR FOR INJURY OR DEATH, ARISING FROM OR RELATING TO THESE TERMS, YOUR ACCOUNT, OR THE APP.
13. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTION 12, YI’S MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCOUNT, OR THE APP WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE FIRST CAMERA THAT YOU CONNECTED TO THE APP.
14. IMPORTANT CONSUMER NOTICE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE LIMITATIONS SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN SECTIONS 11, 12, OR 13 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED. IF YOU LIVE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF ANY LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN SECTION 11, 12, OR 13MAY NOT APPLY TO YOU.
15. Independent Remedies.
The disclaimer and limitation of warranties and the exclusion of damages under Sections 11 and 12 are independent of your exclusive remedies in these Terms and the disclaimer and limitations of warranties and exclusion of damages survive even if the exclusive remedies fails of their essential purpose or otherwise are deemed unenforceable. Each of the limitations in Sections 11 and 12 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
You agree to defend, indemnify, and hold YI, its directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any claim or demand, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) Your Content, your use of the App, and activities occurring under your Account; (b) any violation of these Terms; or (c) your violation of any other party’s rights or applicable law. YI reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with YI in asserting any available defenses.
YI may give you all required notices (including legal process) by any lawful method, including by posting notices on the App or by sending it to any email address that you provide to YI. You agree to send YI notices by emailing them to: email@example.com
18. Modifications to these Terms.
YI reserves the right to change these Terms at any time upon notice to you. You agree to periodically review these Terms for changes and you can review the most current Terms at any time at www.weareyi.com . Updated Terms are binding on you as of the effective date indicated in our notice. Your continued use of the App after the effective date indicates your acceptance of the updated Terms, even if you have not reviewed them. If, at any time, you do not agree to the Terms, you must cancel your Account and stop using this App.
19. Governing Law. These Terms are governed by the laws of the State of Washington , without reference to its conflict of law’s provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms or to the transactions contemplated by these Terms.
20. AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER; AND LOCATION OF DISPUTE RESOLUTION. You and YI each agree that all claims, controversies, and disputes between You and YI, including those arising out of or related to the App, your Account, or these Terms (each a “Dispute” and collectively the “Disputes”), will be resolved by binding arbitration by a single neutral arbitrator, provided, however, you and YI are not precluded from asserting in small claims court any Dispute that is eligible to be brought in small claims court. BY AGREEING, YOU ACKNOWLEDGE THAT YOU AND YI ARE EACH AGREEING TO FOREGO THE ABILITY TO PURSUE DISPUTES IN COURT, OTHER THAN SMALL CLAIMS COURT, INCLUDING THE ABILITY TO HAVE A JURY DECIDE DISPUTES. Unless you and YI otherwise agree, JAMS will arbitrate all disputes and JAMS rules will apply. JAMS is a private alternative dispute resolution (ADR) provider. With its panel of neutral arbiters, JAMS provides services in mediating and arbitrating complex, multi-party, business/commercial cases. You and YI each agree to only pursue Disputes on an individual basis and will not pursue Disputes, whether in arbitration or otherwise, on a class, consolidated, or representative basis, regardless of the application of procedural rules. BY AGREEING, YOU ACKNOWLEDGE THAT YOU AND YI ARE EACH AGREEING TO FOREGO THE ABILITY TO PROCEED IN CLASS ACTIONS, CONSOLIDATED ACTIONS, OR REPRESENTATIVE ACTIONS, EITHER AS A REPRESENTATIVE OF OR MEMBER OF A CLASS. Notwithstanding any JAMS rule to the contrary, or any other provision in arbitration rules chosen by agreement to govern the arbitration, You and YI each agree that any challenges to the validity or enforceability of the class action waiver in this Section will be decided by a federal court or a court of competent jurisdiction, and not by an arbitrator. If any court or arbitrator holds that the class action waiver in this Section is unenforceable, then the Dispute must be brought in a state or federal court, and not in arbitration. You and YI each agree that the location of the arbitration or court where the Dispute will be resolved will be the largest city in your state within 100 miles of where You live. You and YI each also agree that for arbitrated Disputes, the arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. An arbitrator may award, on an individual basis, any relief authorized by law, including injunctive or declaratory relief and reasonable attorneys' fees. You and YI each are responsible for your or its respective costs relating to the arbitration, except that YI will pay all arbitration administrative or filing fees, including the arbitrator fees (other than arbitrator fees up to the amount of the then-applicable fee for filing a civil action in federal court in the judicial district where you live in any Dispute where You assert a claim against YI, unless You demonstrate to the arbitrator that You would be entitled to file that civil action in federal court without payment of the then-applicable fee). To begin arbitration, You must send a letter requesting arbitration and describing your Dispute to the contact listed for YI in Section 17. You may opt-out of the agreement to arbitrate in this Section by mailing YI written notice of your election to opt-out at 2101, 4th Ave. # 2300 Seattle, WA 98121 within 45 days of downloading the App, expressly indicating that You are opting out of the agreement to arbitrate in this Section and including your name and address, provided that the election will not be effective until it is received by YI. Your election to opt-out of the agreement to arbitrate in this Section will not otherwise affect your rights and obligations under these Terms. You and YI each also agree that these Terms affect interstate commerce, so the Federal Arbitration Act, not state law, applies including with respect to any question of whether a Dispute is subject to arbitration (despite the choice of governing law in Section 19).
21. General. If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. You and YI intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and YI agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely. YI may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your Account, to the App, or under these Terms. If, at any time, YI fails to respond to a breach of these Terms by you or others, that failure will not waive YI’s right to act with respect to subsequent or similar breaches. A waiver will only be binding on YI if it is in writing and signed by YI. These Terms (including Additional Terms and any incorporated terms or policies) constitute the entire agreement between you and YI with respect to your Account and the App. Both you and YI warrant to each other that, in entering these Terms, neither YI nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and YI, or YI’s successors and permitted assigns, will have any right to enforce any of these Terms.