We encourage you to read the full iBaby Terms of Service below:
iBaby is designed to make it easier for users to view and monitor the contents of the iBaby camera including videos and pictures taken by the camera. You, the user, have complete control over who can view or access your camera and the contents of the camera. iBaby video surveillance system offers a variety of service plans that include:
-Remote viewing of the iBaby monitor’s content (video, audio).
-Automatic recording or picture capture when motion or sound alarms are detected based on user settings.
-pan and tilt.
-local video recording, and picture capturing.
-Social sharing to third party apps such as Facebook, WeChat, etc.
By configuring the account and device, you can choose to set privacy for the camera and all functions, including adding or limiting access to invited users. We will upgrade, update or add other services from time to time.
Age: You must be at least 18 years of age to sign up for an iBaby account. You can confirm that you are at least 18 years when signing up for an iBaby Care account.
If you are under the age of 18, do not attempt to register your iBaby account or send us any information about yourself unless we have obtained the consent of your parent or legal guardian.
Welcome to iBaby. iBaby is operated by iBabyLabs, Inc. (“we”, “our”, “us” or “company”).These Terms of Service apply to your use of any of our products or services (“iBaby Services”), including:
- iBaby hardware products, including cameras, lights, air detectors, doorbells, etc. (referred to herein as “iBaby systems”); and/or
- iBaby website and any related subscriptions, content services, API interfaces, accounts, mobile applications, streaming video sites, technical support and services accessible through the iBaby website, and all other web services related to iBaby products (collectively referred to as ” iBaby website “and iBaby application”).
(The above (a) and (b) are collectively referred to herein as “iBaby services”)
1. Terms of Service
Your iBaby account and the use of the iBaby service through the iBaby website or iBaby app are subject to these terms.iBaby may change these terms at its sole discretion. Any changes to the provisions of these Terms will be updated on the iBaby website. We encourage you to regularly check the latest versions of these terms on the iBaby website. If you are not satisfied with any changes to these terms, you may cancel the use of the iBaby service in accordance with Section 13 of these Terms. We use the iBaby service after the notice of the terms change to constitute a modification of your acceptance terms. Any software components included in the iBaby system are licensed for your use without being sold. The iBaby service cannot be used in Cuba, Iran, North Korea, Sudan or Syria.
The iBaby system, websites and services are for personal, non-commercial use only.
2. Register an account
You need to register your iBaby account to use the iBaby service. To register, you must provide and maintain accurate information, which may include: (I) your name (II) your system identification number (system distribution at registration), and (III) email address.(IV) Avatar Photos You agree that you are at least 18 years of age and agree to provide and maintain accurate and complete User information. If the information you provide to iBaby is incorrect or incomplete, iBaby may terminate your account. You also prove that you are legally available to use and access the iBaby service. These provisions are invalid under the law, and the right to use the iBaby service is revoked in these jurisdictions.
3. Account, password and security
You will create a password and account name during the iBaby registration process. You are responsible for maintaining the confidentiality of your passwords and accounts and for all activities that occur under your password or account. You agree to the following:
(a) notify us immediately if you use your password or account or any other security breach without authorization;
(b) Make sure you sign out of your account at the end of each session.
We are not responsible for any loss or damage caused by your failure to comply with this Section 3. We may refuse to register or cancel your iBaby account at our discretion.
4. Third party content
The iBaby service gives you access to media content controlled by third parties (“Third Party Content”) without any editorial or programmatic control. You understand the following:
(a) Third party content providers may limit or revoke access to their content at any time;
(b) to the extent applicable law, we are not responsible for any third-party content and have no editorial control; and
(c) We have no control over the distribution of third party content.
You agree that we will not be liable to you or any other person using your iBaby system for any third party content. You also agree and represent that any and all third party content accessed or transmitted using the iBaby Service is for personal, non-commercial use only and will not be used for illegal copying, illegal display or otherwise illegal use of third parties by iBaby Services. content. Generally, you need to be authorized by the appropriate rights owner before displaying, using, or copying third-party content. Unauthorized reproduction or distribution of copyrighted works may constitute a violation of the rights of the copyright holder.
We may terminate any iBaby service or software user’s account that infringes the copyright, trademark or intellectual property of others. In addition, steps to defeat or circumvent security measures designed to prevent intellectual property infringement may be illegal under US law or similar foreign law. We may terminate the iBaby account of users who develop or use methods to disrupt or circumvent such security measures and may take any other necessary or appropriate action to prevent infringement of the rights of intellectual property holders.
5. Changes to your iBaby service
To the extent permitted by applicable law, we may, at our discretion, change or add or remove features of the iBaby Service without notice or without the user’s permission. If you are dissatisfied with any material changes to the iBaby service during the subscription period, you may immediately terminate the use of the iBaby service and have the right to refund all subscriptions that have been paid but not used. We are under no obligation to provide any or all of the functionality of your iBaby system, and we may, at our discretion, discontinue providing software updates to certain iBaby systems. Since different iBaby systems may support different features and functions, the level of service we provide for each iBaby system may not be the same.
6. Settlement of disputes caused by arbitration; class action immunity. Please read this regulation carefully. It affects your rights.
You understand and agree that by joining this Agreement, you and the Company will each waive the right to conduct trials and participate in class actions through the jury.
Bind arbitration. To the extent permitted by your local law, both you and the company agree to arbitrate in any way or in connection with any and all disputes or claims related to the subject matter of this Agreement. All disputes concerning whether a claim requires arbitration (including disputes regarding the interpretation, breach, suitability, enforceability, revocability or validity of this Agreement) shall be decided by the arbitrator. Arbitration uses a neutral arbitrator instead of a judge or jury to resolve the claim. Arbitration is not as formal as a traditional court procedure, and the arbitrator’s decision is subject to limited court review.
The arbitration will be managed by a streamlined arbitration rules and judicial arbitration and mediation services company (hereinafter referred to as “jams”), followed by a commercial arbitrator with extensive experience in resolving intellectual property and consumer contract disputes. Select from the appropriate list of jams arbitrators according to the simplified jams arbitration rules and procedures. If your state is unable to use jams, the arbitration will be governed and administered by the American Arbitration Association Consumer Arbitration Rules. The arbitration rights under this Agreement are protected by the Federal Arbitration Act (9 usc §§1, etc.) and shall also be subject to its jurisdiction. The two sides agree that the relationship between the two parties involves interstate commerce.
Arbitration exception. Notwithstanding the foregoing, each party has the right to file a lawsuit in an appropriate jurisdiction before the arbitrator makes a final decision to enforce an injunction or other equitable relief. For all purposes of this Agreement, the parties agree to the exclusive jurisdiction and location of the US Federal Court in the Northern District of California for any dispute between the parties that does not require arbitration.
Class action immunity. The parties agree that both parties will waive the jury trial and that the parties can only make claims on the other party on an individual basis, rather than as plaintiffs or class members in any so-called class action or representative or merger proceedings: class arbitration And class actions are not allowed.
This arbitration clause is optional. You may send a written and signed notice to the thirty (30) calendar days of agreeing to the Terms. Email [email protected] to refuse or opt out of this agreement for arbitration.
7. Service Qualification / Parental Counseling
To use the iBaby service, your iBaby system must have access to an always-on broadband Internet connection. To enable the iBaby service, all iBaby systems must be registered on iBaby applications (such as the official iBabyCare iOS and Android apps).
You will not be able to use iBaby’s services if you do not meet the following requirements: (I) Wi-Fi or other communication network in your home that can communicate reliably with iBaby hardware products; (II) an iBaby account; (III) Certain features and functions of the iBaby service, enabled and supported wireless devices, such as phones or tablets; (IV) always-on broadband Internet access with sufficient bandwidth to support the iBaby hardware products you use; (V) iBaby may specify Other system requirements. It is your responsibility to ensure that you have all the necessary system requirements and that they are compatible and configured correctly.
iBaby is not obligated to provide any updates. iBaby does not warrant that it will support the version of the system or device on which you purchased or licensed the software, applications, content or other products. iBaby may stop supporting its previously supported devices or operating systems.
The iBaby service is intended for users who are at least 18 years of age.
8. Account member behavior
You understand that all information, data, text, software, photos, videos, messages, labels, feedback, comments, questions, other information or materials (“Content”), whether publicly or privately transmitted, is the sole responsibility of the individual. .The source of such content. This means that you (and not us) are solely responsible for all content that you capture, upload, post, email, transmit or otherwise provide through the iBaby service.
We are under no obligation to monitor or control the content posted through the iBaby Service, and therefore we do not guarantee the accuracy, completeness or quality of such content. Under no circumstances are we responsible for any content, including but not limited to the following:
a) Any errors or omissions in any content
(b) any form of loss or damage resulting from the use of any content (including viewing, copying or redistributing content) that is posted, transmitted, or otherwise provided by eBay via the iBaby Service;
(c) loss or destruction of content;
(d) Failure to comply with any and all applicable federal, state, and local laws regarding the use of iBaby services, including but not limited to laws relating to closed-circuit television monitoring for any purpose and for recording in public places.
You also understand that we do not guarantee the identity of any other users with whom you may interact with the Service. In addition, we do not guarantee the authenticity of any data that the user may provide about itself. We are not responsible for, and are not obligated to take any action on, how you may interpret and use the content or as a result of exposure to the content, and you hereby waive all of our liability for you or for obtaining content through the iBaby service.You agree not to use the iBaby Service to perform the following operations: uploading, publishing, emailing, transmitting or otherwise providing any illegal, harmful, threatening, abusive, harassing, infringing, defamatory, vulgar, obscene, defamatory, infringing content The privacy of others, or the privacy of any private or personal information contained in others without the legal requirements of others; harming anyone in any way; impersonating any person or entity; forging a title or otherwise manipulating the identifier to cover up through iBaby The source of any content transmitted by the Service; uploading, publishing, sending an email, transmitting or otherwise providing you with no rights under any law or any contract or fiduciary relationship (such as internal information as part of an employment relationship or based on Proprietary and confidential information learned or disclosed in a confidentiality agreement; uploading, publishing, emailing, transmitting or otherwise providing infringement or misappropriation of any patent, trademark, trade secret, copyright or other proprietary right of either party ( “Rights” or any content or destructive text containing viruses, corrupted data or other harmful, destructive content or content; upload, post, send email, transmit or otherwise provide any unsolicited or unauthorized advertising, promotional materials, “spam”, “spam” or any other form of invitation; interference or destruction iBaby service or any server, network (including but not limited to denial of service attacks) that connects to the iBaby service or does not comply with any requirements, procedures, policies or regulations of the network connected to the iBaby service; intentionally or unintentionally violate any applicable local, state, National or international law, including but not limited to regulations issued by the US Securities and Exchange Commission, any rules of any country or other stock exchange, including but not limited to the New York Stock Exchange, the American Stock Exchange or NASDAQ, and any Legally binding regulations; “tracking” or otherwise harassing others; or using any data mining, robot or similar data collection or extraction method designed to capture or extract data from iBaby services; without our prior written consent, Develop or use any application that interacts with the iBaby service; or combine any non-iBaby branded device with any iBaby System components are used together unless we explicitly specify their compatibility.
Our personnel will not view your private photos or videos without your permission without the permission of the law, but you agree that the company and its designees have the right (but not the obligation) to filter and/or delete the following content: through iBaby The service is publicly offered or attempted to be made available publicly. We may also refuse or remove content that may violate the Terms from the iBaby service.
Without limiting the foregoing, we reserve the right to remove any content that violates these terms, illegal or that we believe may be illegal or inappropriate (including but not limited to being deleted after receipt of a claim or allegation). The authorities involved in such content), or no reason at all.
You will be responsible for withholding, archiving and reporting all taxes, duties and other government assessments related to your service-related activities. You acknowledge and agree that iBaby may, at its legal request or for reasonable reason, believe that it must reasonably access, maintain and disclose your account information and/or content for the following purposes:
(a) comply with legal procedures, including but not limited to subpoenas and search warrants
(b) enforce these terms
(c) Responding to any claim that the content violates third party rights
(d) respond to your customer service requirements, or
(e) Protect the rights, property or personal safety of iBaby and its users and the public.
You understand that the technical processing and transmission of iBaby services, including your content, may involve (a) transmission over a variety of networks, and (b) making changes to meet and adapt the technical requirements of the connected network or device.
You understand that the software included in the iBaby service and the iBaby service may contain security components that allow the protection of digital materials and that the use of these materials is governed by the usage rules set by the company and/or content providers that provide content to iBaby.
You must not attempt to cover or circumvent any usage rules embedded in the iBaby service. Unauthorized or illegal copying, publishing, further distribution or public display of all or part of the content provided on the iBaby service is prohibited.
9. Submissions or content included in the iBaby service
iBaby does not claim ownership of the content you submit or may include in the iBaby service. However, for the content you submit or use for iBaby services (including all related intellectual property rights), you grant iBaby the following global, royalty-free, non-exclusive, permanent, irrevocable, sublicensable and negotiable licenses. As follows: Applicable: Only through the use, distribution, reproduction, modification, adaptation, production of derivative works related to the provision of iBaby services to you, publicly display and publicly display such content on iBaby services and other third-party platforms, only Pass these terms and the features of the iBaby service.
You hereby do so and shall grant a non-exclusive license to each user of the iBaby Service to access and use your Content through the iBaby Service, which is the only permissible feature of the iBaby Service and is governed by these terms.
When you use a third-party application, the application may request permission to access iBaby content and information to enable the application to function as expected. Your agreement with the application provider will govern how the application uses, stores, and transmits the content and information, so be sure to thoroughly read the terms of service for any such application and use only trusted providers’ applications.
For the sake of clarity, the license granted to the company as described above does not affect your ownership of the materials in the content or the right to grant other licenses unless otherwise agreed in writing.
12. Internet Service Provider and Mobile Phone Fees
The iBaby service requires a broadband internet connection. You are responsible for any service charges incurred by the Internet connection or data plan resulting from the use or access to the iBaby Service, and acknowledge and agree that you will be solely responsible for all disputes with any Internet Service or its associated mobile phone provider. .In particular, streaming and viewing recorded video and using the application may incur additional expense for devices that use the data plan. We are not responsible or liable for the availability, functionality or cost of any broadband internet connection or other data plan.
13. Using the iBaby service
You may only access and use the iBaby service on an iBaby system authorized to communicate with iBaby websites and applications. You agree not to tamper with or modify the iBaby system. The iBaby service provided is for your personal, non-commercial use only and may not be resold in whole or in part. Except as expressly provided in these Terms, you may not transfer or receive iBaby services.
By using the iBaby service, you agree to receive updates and upgrades for all software (including but not limited to device firmware, mobile applications, server software, etc.) that iBaby sends to the iBaby system. These updates and upgrades may be installed automatically without any additional notice or any other consent. You agree to this automatic update. Some features of the iBaby system may be adversely affected if the automatic update and upgrade features of the iBaby system are disabled. Even if you disable the automatic upgrade feature of the iBaby system, we may still implement important system updates. An update to the iBaby app running on an iPhone, iPad, Android phone or tablet; and an iBaby backend service update. By registering your iBaby account and using the Services, you acknowledge and agree that you are a user of iBaby and are bound by these terms.
14. Service termination
You can request the termination of your account and the right to use the iBaby service at any time without restriction. You can apply for cancellation of the account on the iBaby app, which can be logged out by verifying your legality. Alternatively, you can contact our customer service staff for cancellation assistance. The iBaby service will be terminated within approximately 3 business days of your request. Based on this termination method, any unused iBaby service fees, including subscription fees, are non-refundable. Upon termination of the account, certain information may not be immediately removed from iBaby or its agents’ systems, including but not limited to log entries from devices bundled with the user, diagnostics, analysis; account transaction details; or search warrants, Information bound by a subpoena or other legal process.
Notwithstanding anything to the contrary in this clause, in violation of any provision of these Terms, abuse of iBaby Services and/or your breach of these Terms, iBaby reserves the absolute right to terminate your account immediately to change your iBaby system or use iBaby services or software. To infringe the intellectual property rights of iBaby and/or its subsidiaries and affiliates or any third party.
In addition, we may terminate your account and these terms for any other reason if:
We will notify you of the termination notice at least 30 days in advance. Once your account is terminated, you will be obligated to pay all outstanding fees associated with the use of the iBaby service prior to termination, and we will refund any fees you have paid but not used, and termination of the iBaby service may result in your All information (including content) related to membership is confiscated and destroyed.
All terms of these Terms, by their nature, shall remain in effect after termination and will remain in effect after termination, including but not limited to proprietary terms, warranty disclaimers and limitations of liability.
We may provide you with notices, including notices related to changes to these Terms, by email, regular mail, postings or updates to iBaby websites and applications, or other reasonable means known or later developed.
16. Ownership of software and intellectual property
You may need to use some software programs in the iBaby system to use or fully access certain features of the iBaby service. At the time of purchase, you will be required to accept and use the software included in the iBaby system and other software programs that iBaby may deliver to your iBaby system from time to time. The company and/or its subsidiaries, affiliates and licensors retain ownership and ownership of all software in the iBaby system and certain intellectual property rights in the iBaby system. We and/or our affiliates retain ownership of all iBaby copyrights and trademarks. For third-party software that is delivered to the iBaby system by the company and/or its subsidiaries and affiliates, the applicable third party retains ownership and ownership of its software, copyrights and trademarks.
17. Notifications and procedures for filing copyright or intellectual property infringement claims
We respect the intellectual property of others and we ask our users to do the same. Where appropriate, iBaby may, at its discretion, disable and/or terminate accounts of users who may be repeatedly infringing intellectual property rights. If you believe that your work has been copied in copyright infringement or infringes on your intellectual property rights, please provide us with the following information:
Authorized to represent the electronic or physical signature of the copyright or other intellectual property owner’s agent
a description of the copyrighted work or other intellectual property rights that you claim has been infringed;
a description of the location of the infringing material on the website;
Your address, phone number and email address;
You represent that you sincerely believe that the use of the dispute has not been authorized by the copyright owner, its agent or the law;
The above information that you represent is accurate and that you are the copyright owner or intellectual property owner, or are authorized to act on behalf of the copyright owner or intellectual property owner, and are subject to perjury and disclaimer.
Please post this information to the designated address to receive notification of the infringement notification:
780 Montague Expressway，Suite 601，
San Jose, California
18. Open source software
Certain components of the iBaby system software are subject to the GNU General Public License (“GPL”) or other so-called open source licenses (“Open Source Software”).Open source software may not be subject to Section 15 of these Terms. As long as you comply with the terms of the GPL (available at www.gnu.org/copyleft/gpl.html), you are free to use, modify and distribute open source software subject to the GPL.For purposes of clarification, these terms do not limit your rights under the license terms of any applicable open source software or grant you the right to supersede any license terms for open source software.
The iBaby service may provide or third parties may provide links to other websites or resources. Because we have no control over such sites and resources, you agree that we are not responsible for the availability of such external sites or resources, nor for such content or advertisements, products or other content, advertisements, products or other content available from them. The material assumes no responsibility and does not assume any responsibility for such websites or resources. You further agree that the use or reliance on any such content, goods or services obtained or obtained by any means, or allegedly caused or relied on the use or reliance on such content, goods or services, or allegedly We will not be liable for any direct or indirect liability for any such damage or loss caused by such websites or resources.
20. Special instructions for international use
Recognizing the global nature of the Internet, you agree to comply with all local regulations regarding online behavior and acceptable content. In particular, you agree to comply with all applicable laws regarding the transfer of technical data derived from the United States or the country in which you reside. You represent and warrant that you are not in a country embargoed by the United States Government or a country designated by the United States Government as a “terrorist-supporting” country, and that you are not in any prohibited or restricted area of the United States Government.
21.Do not resell iBaby service
You agree not to reproduce, copy, reproduce, sell, trade, resell or exploit any part of the iBaby Service (including your Account ID) for any commercial purpose, use the iBaby Service or access the iBaby Service.
You agree to any and all claims, suits, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), including but not limited to, defending the Company, its subsidiaries and affiliates, damages and the Company and Damages to its subsidiaries and affiliates are suspected of negligence, infringement of privacy, copyright infringement and/or infringement of trademark rights, infringement of the company and its subsidiaries and affiliates or iBaby services, involving or causing you to violate these terms, your use or Abuse, or you modify or change your iBaby product or software without authorization.
23. Warranty and Disclaimer
iBaby devices have a limited warranty. For more information on the Limited Hardware Warranty,Please visit https://www.ibabylabs.com/warranty。
To the extent that applicable law, in addition to the limited hardware warranties for iBaby devices, you understand and agree to provide iBaby services on an “as is” and “as available” basis. We do not guarantee that the iBaby service will meet your requirements or that the use of the iBaby service will be uninterrupted, timely, secure or error-free, and we will not make any accuracy or reliability of any information obtained through iBaby. Guarantee.(including third-party content) will correct any defects in the iBaby service, or the iBaby product or iBaby service will be compatible with any other specific hardware or service. In addition, we do not guarantee that the iBaby service or iBaby server that provides you with data and content is free of viruses or other harmful components.
Except as set forth in our limited hardware warranties for iBaby devices, we and our suppliers do not accept any express, implied or statutory warranties regarding iBaby services, including any express, implied, express, express or Express warranty, commercial guarantee. Purpose or non-infringement of the rights of third parties. Because some jurisdictions do not allow the exclusion of implied warranties, the last statement in this section may not apply to you. iBaby further disclaims any liability for any service failure caused by normal product wear, product misuse, abuse, product modification, improper product selection or any failure to comply with any and all applicable federal, state or state laws. Our limited hardware warranty gives you specific legal rights and you may also have other rights that vary from state to state, province or country. Except as permitted by law, iBaby does not exclude, limit or suspend other rights you may have, including rights that may arise from non-conformance of sales contracts. In order to fully understand your rights, you should consult the laws of your state, province or country.
24. No third party beneficiaries
You agree that these Terms will have no third-party beneficiaries unless otherwise expressly stated in these Terms.
25. iBaby’s scope of responsibility
Under no circumstances shall we be liable for any content, including but not limited to the loss of content, any errors or omissions in any content, or any form of loss or damage caused by use or exposure to the release of the iBaby service. Any content that is sent, accessed, transmitted or otherwise provided by email.
Except for the exceptions mentioned at the end of this section, we do not assume any liability, especially for breach of obligations or obligations, delays in performance, non-performance or non-performance, unless these are due to negligence in violation of any material contract. Caused. The company’s contractual obligations or obligations. Any liability for negligence is limited to the direct loss that is usually foreseeable in this case. If the claim is based on iBaby’s intentional or gross negligence breach of contractual obligations or obligations, the exclusion and limitation of liability in the above sentence will not apply. The aforementioned exclusions and limitations of liability also do not apply to personal injury or death.
Some states and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In addition, this provision is not intended to limit us if we intentionally or intentionally misbehave. In addition, if we incorrectly or incorrectly overcharge your account, this section does not limit our ability to refund such errors or incorrectly overcharged amounts.
The limitations set forth in this section do not limit our liability for personal injury, death or property damage to iBaby equipment, nor liability for damages caused by gross negligence, fraud or deliberate, intentional, malicious, malicious or misconduct.
26. General information
Any other terms we provide for any particular iBaby service and applicable end user license agreements constitute a complete agreement between you and the company and govern your use of the iBaby service and supersede any prior agreement between you and iBaby protocol. When you use or purchase certain other iBaby services, membership services, third party content or third party software, you may also be subject to other terms and conditions. If there is a conflict with these terms, these additional terms are only controlled within the scope of the conflict.
Legal choice. To the extent permitted by your local law, these terms and your relationship with iBaby will be governed by the laws of the State of California, regardless of the conflict of laws provisions.
Abandonment and severability of the terms. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If the court of competent jurisdiction considers any provision of these Terms to be invalid, the parties agree that the court shall endeavor to achieve the intent of the parties as reflected in this article and that the other provisions of this article remain intact and effective.
No right to life and non-transferability.
You agree that your iBaby account is non-transferable and that any rights to your account ID or content in your account will terminate upon your death. Upon receipt of a copy of your death certificate, your account may be terminated and all content will be permanently deleted.
The section headings in these terms are for convenience only and have no legal or contractual effect.
27. Contact information
The following entities are responsible for providing services based on where you use the iBaby system. If you have any questions, complaints or claims regarding iBaby services, you can contact us by: