Service Agreement / Terms of Use

This Service Agreement ("Agreement") is a contract between you ("Customer") and MOBILUS Yazılım Bilgisayar İletişim Sanayi ve Ticaret Anonim Şirketi (hereinafter will be referred as "Service Provider" or "we") a Turkish company registered in Üniversiteler Mah. İhsan Doğramacı Bulvarı Bina No: 19 Silikon Blok Zk/11 ODTÜ Teknokent, Çankaya/Ankara Turkey and acting under the Law of the Turkish Republic and applies to Customer’s using the Service Provider’s services. The Customer must read and accept all of the terms and conditions contained in this Agreement. In addition, the Customer must read and accept any applicable agreements such as the Privacy Policy and the Membership Agreement.

The Service Provider may amend this Agreement at any time by posting a revised version on Site and notify the Customer by sending a notice via email or postal mail, or by some other appropriate means. The revised version will be effective at the time we post it. After reviewing such modifications, if the Customer does not agree with the new Agreement, the Customer is free to reject them; however, if the Customer does reject the new Agreement, the Customer will no longer be able to use the Services. The Customer’s use of the Services following such notification constitutes the Customer’s acceptance of the terms and conditions of this Agreement as modified.

Upon acceptance of this Agreement herein:

• Real person Customers accept and declare that they are of legal age and have legal capacity to conclude such an Agreement,
• Legal person Customers accept and declare that this Agreement is approved by its authorized persons and is binding.

The Customer also represents and warrants that all registration information in which the Customer submits is accurate and truthful and the Customer will maintain the accuracy of such information. The Customer also certifies that the Customer is legally permitted to take full responsibility for the selection and use of and access to the Services.

TERMS AND CONDITIONS:

• The website www.invidyo.com ("Site") is owned and operated by the Service Provider.
• Subject to the terms and conditions of this Agreement, we offer to provide certain services, as described on the Site, and that have been purchased by the Customer ("Services"), solely for Customer’s own use, and not for the use or benefit of any third party. The term "Services" includes, without limitation, use of the Site and any Service offered on the Site.

  The Services require connection with "invidyo" branded cameras (the cameras are available at www.amazon.com) provided to Customers by Invidyo LLC, an affiliate of the Service Provider located in Florida, USA or invidyo compatible IP cameras. Before the Customer starts to utilize the Services provided on the Site, the Customer is entitled to purchase the necessary hardware and install as shown on the installation videos on the Site or using the Quick start guide included in the camera package.

• The Services may be amended, suspended or discontinued at any time upon notification to the Customers. We may also put limits on certain Services or restrict access to parts or all of the Services without notice or liability. The Customer may only use the Services and the products for personal and non-commercial use, and not for the use or benefit of any third party, and only in a manner that complies with all applicable laws.
• Any software embodied in the camera is licensed to the Customer, and not for sale. For that purpose, the Customer is granted a non exclusive, non transferable and limited license to use the software in accordance with the terms of this Agreement and during the term of the Services provided. Upon termination of this Agreement, the license shall cease to be valid.
• This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
• The Site, the Services, software and their contents are intended solely for the personal use of Services and may only be used in accordance with the terms of this Agreement. Service Provider is the sole owner of all materials displayed or performed on the Services including, but not limited to text, graphics, articles, photographs, images, illustrations, software, content etc. and all industrial and intellectual property rights on these materials shall vest in the property of Service Provider.
• The Customer is obliged to comply with all copyright notices, information, and restrictions contained in any Service Provider materials and contents accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, make derivative works, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Service Provider materials and contents or third party products or other proprietary rights owned by third parties: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party rights. The Customer shall not store any significant portion of any materials and/or content (other than Customer’s information) in any form. Copying or storing of any Content (other than Customer’s information) other than for personal use is expressly prohibited without prior written permission from Service Provider or from the copyright holder identified in such materials and/or content’s copyright notice
• The Customer shall keep all registration information accurate and current and shall be responsible for all activity in connection with the Services.
• The Customer is not entitled to store any portion of any materials and/or content in any form. Copying or storing of any materials and/or content other than for personal use is expressly prohibited without prior written permission from Service Provider or from the copyright holder identified in such materials and/or contents’ copyright notice.
• Any personal and financial information to be provided by the Customer shall only be used to:
  • Verify the identity,
  • Provide the Services requested,
  • Communicate to Customer any benefit, feature and other information about the Services,
  • Respond to any special needs or inquiries that the Customer may have,
  • Meet regulatory and legal requirements.
• Additional Uses:
  • Service Provider may communicate with the Customer through various channels including telephone, computer or mail using the contact information the Customer has provided.
  • With the Customer’s consent, the Service Provider may use Customer information to promote its services and the products and services of third parties that Service Provider selects, which the Service Provider believes that the Customer may be interested in.
  • The Service Provider may, unless prohibited by law, consolidate all information of the Service Provider and its affiliates and/or subsidiaries and/or any group companies to better manage its business and the relationship with the Customer.
  • Any Customer information and content publicly posted or privately transmitted through the Services by the Customer is solely at the responsibility of the person from which such content originated and that the Service Provider shall not be liable for any errors or omissions or infringements in any information or content.
  • Under no circumstances will the Service Provider be liable in any way for any information and/or content, including, but not limited to, any errors or omissions in any information and/or content, or any loss or damage of any kind incurred in connection with use of or exposure to any information and/or content posted, emailed, accessed, transmitted, or otherwise made available via the Services by the Customer.
• Recording Calls: The Customer understands and agrees that the Service provider may, without further notice or warning and in its own discretion, monitor or record telephone conversations of the Customer, or anyone acting on the Customer’s behalf, has with the Service Provider for quality control purposes or for its own protection. The Customer acknowledges and understands that, while communications with Service Provider may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by the Service Provider, and Service Provider does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
• Electronic delivery of communications: The Customer agrees and consents to electronically receive all future communications from the Service Provider provides in connection with the use of the Services and Customer’s account on the Site. Communications include, but are not limited to agreements, documents, notices, disclosures and policies in which the Customer agrees to (e.g. Membership Agreement, Privacy Policy), including all future updates.
• Hardware and software requirements

  In order to utilize from the Services, the Customer will need the following computer hardware and software:

  • A computer or a mobile device with an internet connection,
  • An invidyo branded or invidyo compatible IP camera properly setup according to the instructions provided on the web site or included in the camera package,
  • Customer account on the Site,

• The Customer will be notified if there are any material changes to the hardware or software needed to receive for the utilization of the Services.

• How to withdraw consent

  The Customer may withdraw its consent by writing to the Service Provider’ e-mail address in the "Contact Us" link at the Site.

• RESTRICTIONS

  The Customer warrants, represents and agrees that the Customer will not contribute any materials and/or content or Customer information or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of the Service provider; (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; (vi) jeopardizes the security of Customer account or anyone else’s; (vii) attempts, in any manner, to obtain the password, account, or other security information from any other user; (viii) violates the security of any computer network, or cracks any passwords or security encryption codes; (ix) runs any form of auto-responder or "spam" on the Services, or any processes that otherwise interfere with the proper working of the Services; (x) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services. A violation of any of the foregoing is grounds for termination of Customer’s right to use or access the Services.

  The Service Provider reserves the right to remove any content or Customer information from the Services at any time, for any reason. The Customer remains solely responsible for all content that the Customer uploads, posts, emails, transmits, or otherwise disseminates using, or in connection with, the Services. The Customer will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with the Customer’s activity in connection with the Services.

• WARRANTY

  The Customer releases the Service Provider from all liability arising from the content acquired through the Services. The Services may contain, or direct the Customer to websites containing, information that some people may find offensive or inappropriate. The Service Provider makes no representations concerning any content contained in or accessed through the Services, and the Service Provider will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. The Service Provider makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. UNLESS OTHERWISE IS AGREED UNDER THIS AGREEMENT; THE SERVICES AND CONTENT OBTAINED THROUGH THE SITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

  This Limited Warranty Statement gives Customer specific legal rights. The Customer may also have other rights under applicable law. To the extent that this Limited Warranty Statement is inconsistent with applicable law, this statement shall be deemed modified to be consistent with such law.

• Updating contact information

  It is the Customer’s responsibility to keep the primary contact information (including email address) up to date so that the Service Provider can communicate. The Customer understands and agrees that if the Service Provider sends an electronic communication but the Customer does not receive it because the primary email address on file is incorrect, out of date, blocked or etc., the Service Provider will be deemed to have provided the communication to the Customer. The Customer may update primary contact information at any time by logging into the Site.

• Assignment. The Customer may not transfer or assign any rights or obligations under this Agreement without the Service Provider’s prior written consent. The Service Provider reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
• REGISTRATION AND SECURITY. As a condition to using the Services, the Customer is required to register with Service Provider and select a password and user name. The Customer shall provide with accurate, complete, and updated registration information. Customer is also responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that the Customer uses to access the Services.
• INDEMNITY

  The Customer will indemnify and hold the Service Provider, its subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of the Customer’s access to the Services, use of the Services, the Customer’s violation of this Agreement, or the infringement by the Customer or any third party using the Customer account or any intellectual property or other right of any person or entity.

  LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW AND EXCEPT FOR THE OBLIGATIONS SPECIFICALLY SET FORTH IN THE LIMITED WARRANTY STATEMENT, IN NO EVENT SHALL THE SERVICE PROVIDER OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY THE CUSTOMER FOR THE SERVICES OR SERVICES PURCHASED THROUGH THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES; OR (IV) FOR ANY MATTER BEYOND THE SERVICE PROVIDER’S REASONABLE CONTROL.

• PURCHASE OF SERVICES, FEES AND PAYMENT

  In order to purchase the Services, the Customer shall, in the order below:

  • Register to the Site and create a user account,
  • Complete and Submit the Electronic Order Form,
  • Accept this Agreement electronically,
  • Complete payment process.

• Certain aspects of the Services may be provided for a fee. The Customer shall pay all applicable fees, as described on the Site and in Electronic Order Form in connection with such Services selected. The Service Provider reserves the right to change its price list and to institute new charges at any time, upon notice to the Customer, which may be sent by email or posted on the Site. The Customer’s use of the Services following such notification constitutes the Customer’s acceptance of any new or increased charges. Any fees paid hereunder for Services are non-refundable.

• TERMINATION

  This Agreement shall remain in full force and effect for the term the Customer continues to use the Services.

  The Customer may terminate use of the Services at any time by contacting info@invidyo.com and submitting its termination request in writing. The Agreement shall terminate at the end of the related month in which the Customer’s termination notice is submitted.

  The Service Provider may terminate or suspend the Customer’s access to the Services or the Customer’s membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with the Customer’s membership. The Service Provider may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Customer breaches any of the terms or conditions of this Agreement and/or the Membership Agreement and/or the Privacy Policy and/or other rules stipulated on the Site.

  Upon termination of the Customer’s account, the Customer’s right to use the Services, access the Site, and any content will immediately cease. All provisions of this Agreement which, by their nature should survive termination, shall survive termination, including, without limitation ownership provisions, warranty disclaimers, and limitations of liability.

• MISCELLANEOUS

  The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Service Provider shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Service Provider’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

  Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.

• ARBITRATION; GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.

By clicking the 'Accept' button Customer agrees to these terms and conditions.

ORDER FORM: By completing and submitting the electronic order form, Customer is making an offer to purchase Services, which, if accepted by Service provider, will result a binding Agreement.

Last update: 1 JANUARY 2016