Terms of Service
This is an agreement between you and XNUTSHELL LIMITED (with its affiliates, “Xnutshell”, “we”, or “us”) regarding websites, devices, products, services, and applications (collectively, “XNUTSHELL Services”).
By purchasing or using XNUTSHELL Services, you agree to the Terms, on behalf of yourself and all members of your household and others who use any XNUTSHELL Services under your account. Please read them carefully. If you do not agree to the Terms, then you may not use any XNUTSHELL Service and you may return a XNUTSHELL Device in accordance with the applicable return policy.
For the purpose of these Terms of Service:
“XNUTSHELL Device” means the XNUTSHELL hardware products, including without limitation XNUTSHELL devices and related accessories.
“XNUTSHELL Recordings” means all audio, video, images, or other types of recordings made by XNUTSHELL Devices or provided to us in connection with XNUTSHELL Services.
“Software” means all software or firmware that we make available to you for use of XNUTSHELL Services, including XNUTSHELL apps and websites that provide access to video clips, XNUTSHELL Services, XNUTSHELL Device firmware and settings, and other information.
PRIVACY
Please review the XNUTSHELL Privacy Notice, which also govern your use of XNUTSHELL Services, to understand our practices.
YOUR ACCOUNT
You may need your own account to use certain XNUTSHELL Services and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You must be at least 13 years old to use the XNUTSHELL Services. If you are between the ages of 13 and 18, you may use the XNUTSHELL Services only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If you are a parent or legal guardian of a user between the ages of 13 and 18, you consent to these terms on behalf of such user and you are fully responsible for the acts of such user in relation to the XNUTSHELL Devices and XNUTSHELL Services. We reserve the right to refuse service, terminate accounts, terminate your rights to use XNUTSHELL Services, remove or edit content, or cancel orders in our sole discretion.
SOFTWARE TERMS
The following terms (“Software Terms”) apply to any Software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with XNUTSHELL Services.
A. Use of XNUTSHELL Software.
You may use XNUTSHELL Software solely for purposes of enabling you to use the XNUTSHELL Services as provided by us, and as permitted by the Terms. You may not incorporate any portion of the XNUTSHELL Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the XNUTSHELL Software in whole or in part. All software used in any XNUTSHELL Service is the property of XNUTSHELL or its software suppliers and is protected by China and international copyright laws.
B. Use of Third Party Services.
When you use the XNUTSHELL Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
C. No Reverse Engineering.
You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the XNUTSHELL Software, whether in whole or in part.
D. Updates.
We may offer automatic or manual updates to the XNUTSHELL Software at any time and without notice to you.
E. Conflicts.
In the event of any conflict between these Terms of Service and any other XNUTSHELL or third-party terms applicable to any portion of XNUTSHELL Software, such as open-source license terms, such other terms will control as to that portion of the XNUTSHELL Software and to the extent of the conflict.
USE OF XNUTSHELL SERVICES
Information.
The Software will provide us with information about your use of XNUTSHELL Services (such as device type, name, and first use date). This information may be stored on servers outside the country in which you live. We will handle any information we receive in accordance with the XNUTSHELL Privacy Notice.
Information Provided To Others.
You are responsible for any information you provide to others using XNUTSHELL Services. Use of information you provide to these third parties will be subject to any privacy notice or other terms that they may provide to you.
Third Party Products.
XNUTSHELL Devices may include third party products that XNUTSHELL does not manufacture or develop. We may automatically update the firmware for certain of these products on behalf of the applicable manufacturer. XNUTSHELL has no responsibility or liability for such third party products or manufacturer-provided firmware.
Functionality; Information Purposes Only.
We do not guarantee that XNUTSHELL Services, including any notifications or alerts, are accurate, reliable, always available, timely, or complete. XNUTSHELL Services are provided for informational purposes only. You agree that XNUTSHELL is not responsible for any damages caused by the failure or delay of XNUTSHELL Services, regardless of whether such failure or delay is within XNUTSHELL’s control. XNUTSHELL Services do not include a monitored security service or an emergency notification service. You understand that XNUTSHELL Services do not include the monitoring of emergency notifications nor dispatching of emergency authorities to your home.
Compliance with Law.
You are responsible for ensuring that your XNUTSHELL Recordings and use of XNUTSHELL Services comply with any applicable laws, including any laws relating to the recording and sharing of video or audio content involving other people, and any laws requiring notice or consent for video or audio recording. You may not use XNUTSHELL Services in any manner that does not comply with this Agreement. Without limiting the previous sentence, you may not use XNUTSHELL Services, including to record video, in a manner that is illegal, obscene, defamatory, invades privacy, infringes intellectual property (including publicity rights), or otherwise injures third parties or is objectionable. XNUTSHELL is not liable for your use of XNUTSHELL Services or your XNUTSHELL Recordings.
XNUTSHELL Recordings.
XNUTSHELL Recordings are streamed to the cloud. XNUTSHELL processes and retains your XNUTSHELL Recordings in the cloud in accordance with the XNUTSHELL Privacy Notice, including to provide and improve our products and services. You give us all permissions we need to use your XNUTSHELL Recordings to do so. These permissions include, for example, the rights to copy your XNUTSHELL Recordings, modify your XNUTSHELL Recordings to generate clips, use information about your XNUTSHELL Recordings to organize them on your behalf, and review your XNUTSHELL Recordings to provide technical support.
Internet and Wireless Connectivity.
Your XNUTSHELL Device may require an Internet connection or data plan from a third-party provider in order to use some features. In such cases, your Internet connection or data plan is subject to the fees, restrictions, terms and limitations imposed by your provider.
Availability.
Some XNUTSHELL Services may be unavailable, vary (by device or geography, for example), or be offered for a limited time. In addition, if your XNUTSHELL Services require wireless data services and is located in an area where it cannot access such services, you may not be able to use some or all of the Services or other features of your XNUTSHELL Device. We are not responsible for the unavailability of wireless data services or any corresponding loss of Services.
XNUTSHELL SUBSCRIPTION PLANS
When you choose to subscribe to a XNUTSHELL Subscription Plan, we will automatically receive for storage any XNUTSHELL Recordings captured by your XNUTSHELL Devices that are associated with your XNUTSHELL Subscription Plan. For more information on XNUTSHELL Subscription Plans, please see the XNUTSHELL Subscription Plan Terms and XNUTSHELL Privacy Notice. We may change any aspect of the XNUTSHELL Services and/or XNUTSHELL Subscription Plan (including, without limitation, the applicable fees and/or features related to the XNUTSHELL Services and/or XNUTSHELL Subscription Plan), at any time and for any reason in our sole discretion.
GENERAL
Suspensions and Termination.
Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. We may terminate the Agreement or restrict, suspend, or terminate your use of XNUTSHELL Services at our discretion without notice at any time, including if we determine that your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of XNUTSHELL Services or harms our interests or those of another user of XNUTSHELL Services. If your use of XNUTSHELL Services is restricted, suspended, or terminated, you may be unable to access your video clips and you will not receive any refund or any other compensation. In case of termination, XNUTSHELL may immediately revoke your access to XNUTSHELL Services without refund. XNUTSHELL’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
Contact Information.
For help with your XNUTSHELL Device, XNUTSHELL Services, or resolving other issues, please contact XNUTSHELL Customer Service.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Without limiting the Disclaimer of Warranties and Limitation of Liability terms in the XNUTSHELL Conditions of Use, and unless otherwise required by applicable law, in no event will our or our licensors' or our service providers' aggregate liability with respect to any claim arising from or relating to the Terms or your use of any XNUTSHELL Service or XNUTSHELL Device exceed fifty dollars ($50).
DISPUTES
Any dispute or claim relating in any way to the Terms, your use of any XNUTSHELL Service, or to any products or services sold or distributed by XNUTSHELL distribution network is subject to the dispute resolution, class-action waiver, governing law, disclaimer of warranties, limitation of liability, and all other terms in the XNUTSHELL Conditions of Use.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, XNUTSHELL Privacy Notice and the Terms, at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Warranties
XNUTSHELL LIMITED warrants the Cameras, Video Doorbell, and Solar Panel (the “Device”, provided that “Device” does not include accessories) against defects in materials and workmanship under ordinary consumer use for one year from the date of original shipment. During this warranty period, if a defect arises in the Device, and you follow the instructions for returning the Device, we will at our option, to the extent permitted by law, either (i) repair the Device using either new or refurbished parts, or (ii) replace the Device with a new or refurbished Device that is equivalent to the Device to be replaced. This limited warranty applies, to the extent permitted by law, to any repair, replacement part or replacement device for the remainder of the original warranty period or for ninety days, whichever period is longer. This limited warranty applies only to hardware components of the Device that are not subject to accident, misuse, neglect, fire or other external causes, alterations, repair, or commercial use.
Instructions
For specific instructions about how to obtain warranty service for your Device, please contact Customer Service using the contact information found at your local distributor/reseller/wholesaler. In general, you will need to deliver your Device in either its original packaging or in equally protective packaging to the address specified by Customer Service. Before you deliver your Device for warranty service, it is your responsibility to back up any data, software, or other materials you may have stored using your Device. It is possible that such data, software or other materials will be lost during service, and we will not be responsible for any such damage or loss.
Limitations
TO THE EXTENT PERMITTED BY LAW, THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, AND WE SPECIFICALLY DISCLAIM ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND AGAINST HIDDEN OR LATENT DEFECTS. IF WE CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY AND THE REMEDY SHALL BE LIMITED TO REPAIR, OR REPLACEMENT WITH RESPECT TO THE AFFECTED DEVICE.
Privacy Policy
XNUTSHELL LIMITED (“XNUTSHELL”) knows that you care how information about you is used and shared and we appreciate your trust in us to do that carefully and sensibly. This privacy notice describes how XNUTSHELL and its affiliates (collectively “XNUTSHELL”) collect and process your personal information through XNUTSHELL websites, devices, products, services, and applications that reference this Privacy Notice (together “XNUTSHELL Services”). By using XNUTSHELL Services, you are consenting to the practices described in this Privacy Notice.
What Personal Information About Customers Does XNUTSHELL Collect?
We collect your personal information in order to provide and continually improve the products and services of XNUTSHELL and its affiliates. Here are the types of information we gather:
Information You Give Us:
We receive and store any information you provide in relation to XNUTSHELL Services. See “Examples of Information Collected” below for more information. You can choose not to provide certain information but then you might not be able to take advantage of many of our XNUTSHELL Services.
Automatic Information:
We automatically receive and store certain types of information when you use XNUTSHELL Services, such as information about your use, including your interaction with content and services available through XNUTSHELL Services. Like many websites, we use “cookies” and other unique identifiers and we obtain certain types of information when your web browser or device accesses XNUTSHELL Services and other content served by or on behalf of XNUTSHELL on other websites. See “Examples of Information Collected” below for more information.
Information From Other Sources:
We might receive information about you from other sources. See “Examples of Information Collected” below for more information.
For What Purposes does XNUTSHELL Process Your Personal Information?
We process your personal information to operate, provide, and improve the products and services of XNUTSHELL and its affiliates. These purposes include:
Purchase and delivery of products and services.
We use your personal information to take and handle orders, deliver products and services, process payments, and communicate with you about orders, products, services, and promotional offers. When you make a purchase on XNUTSHELL websites, you provide your email address, first and last name, shipping address, and billing information, including credit card number, expiration date, and security code. This information is collected by our third party payment processor. Once your order is fulfilled and shipped, our third party payment processor provides us with your name, email address, phone number, postal address, customer ID, and the last four digits of your credit card number. We use this information to process and fulfill your order, provide XNUTSHELL Services, and provide you with product information and updates.
Provide, troubleshoot, and improve XNUTSHELL Services.
We use your personal information to provide functionality, analyze performance, fix errors, and improve usability and effectiveness of the XNUTSHELL Services.
Recommendations and personalization.
We use your personal information to recommend features, products, and services that might be of interest to you, identify your preferences, and personalize your experience with XNUTSHELL Services.
Comply with legal obligations.
In certain cases, we have a legal obligation to collect and process your personal information.
Communicate with you.
We use your personal information to communicate with you in relation to XNUTSHELL Services via different channels (e.g., by phone, email). If you submit an email address to us in connection with your use of XNUTSHELL Services, we will add you to our email marketing list and we will send you promotional emails. You may unsubscribe by clicking “unsubscribe” at the bottom of the emails you receive. You can also request that we not use your personal information for direct marketing by contacting XNUTSHELL Customer Support.
We use your personal information to display interest-based ads for features, products, and services that might be of interest to you.
Fraud Prevention and Credit Risks.
We process personal information to prevent and detect fraud and abuse in order to protect the security of our customers, XNUTSHELL, and others.
Purposes for which we seek your consent.
We may also ask for your consent to process your personal information for a specific purpose that we communicate to you. When you consent to our processing your personal information for a specified purpose, you may withdraw your consent at any time and we will stop processing of your data for that purpose.
What About Cookies?
To enable our systems to recognize your browser or device and to provide XNUTSHELL Services to you, we use cookies. For more information about cookies and how we use them, please read our Cookie Notice.
Does XNUTSHELL Share Your Personal Information?
Information about our customers is an important part of our business and we are not in the business of selling our customers’ personal information to others. XNUTSHELL shares customers’ personal information only as described below and with its affiliates that are either subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.
Third Party Service Providers:
We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders for products or services, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing payments, transmitting content, and providing customer service.
Business Transfers:
As we continue to develop our business, we might sell or buy other businesses or services. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the event XNUTSHELL or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
Protection of XNUTSHELL and Others:
We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms of Service and other agreements or protect the rights, property, or safety of XNUTSHELL, our users, or others.
With Your Consent:
Other than as set out above, you will receive notice when personal information about you might be shared with third parties and you will have an opportunity to choose not to share the information.
Transfers out of the European Economic Area.
Whenever we transfer personal information to countries outside of the European Economic Area, we will ensure that the information is transferred in accordance with this Privacy Notice and as permitted by the applicable laws on data protection.
How Secure is Information About Me?
We design our systems and devices with your security and privacy in mind.
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
We follow the Payment Card Industry Data Security Standard (PCI DSS) when handling credit card data.
We maintain physical, electronic, and procedural safeguards in connection with the collection, storage, and disclosure of personal customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
Our devices offer security features to protect them against unauthorized access and loss of data.
It is important for you to protect against unauthorized access to your password and to your computers, devices, and applications. Be sure to sign out of your XNUTSHELL account when you finish using a shared computer.
What Information Can I Access?
You can access your information, including your name, address, payment options, profile information, and order history in the “Account” section of the website. You can access and delete video clips from your XNUTSHELL app.
What Choices Do I Have?
If you have any question or objection as to how we collect and process your personal information, please contact XNUTSHELL Customer Support.
As discussed above, you can choose not to provide certain information, but then you might not be able to take advantage of many of the XNUTSHELL Services.
You can add or update certain information on pages such as your account page on our websites. When you update information, we usually keep a copy of the previous version for our records.
If you don't want to receive e-mail or other communication from us, please contact XNUTSHELL Customer Support. or click on the unsubscribe link included in e-mails you have received from us.
The Help feature on most browsers and devices will tell you how to prevent your browser or device from accepting new cookies, how to have the browser notify you when you receive a new cookie or how to disable cookies altogether. For more information about cookies, see our Cookie Notice.
If you want to browse our websites anonymously, you may do so by logging out of your account and disabling cookies on your browser.
When you consent to our processing your personal information for a specified purpose, you may withdraw your consent at any time and we will stop any further processing of your data for that purpose.
Are Children Allowed to Use XNUTSHELL Services?
XNUTSHELL doesn't sell products for purchase by children. If you're under 18, you may use XNUTSHELL Services only with the involvement of a parent or guardian.
Terms of Service, Notices and Revisions
If you choose to visit a XNUTSHELL website, including your visit and any dispute over privacy is subject to this Notice and our Terms of Service, including limitations on damages, resolution of disputes, and application of the law of China. If you have any concern about privacy, please contact XNUTSHELL Customer Support with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Notice and the Terms of Service will change also. We may e-mail periodic reminders of our notices and conditions, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
Related Practices and Information:
Terms of Service
XNUTSHELL Customer Support
Examples of Information Collected
You provide information to us when you:
place an order through XNUTSHELL Services;
download, stream, view, or use content on a device, or through a service or application;
provide account information;
configure your settings on, provide data access permissions for, or interact with your device or another XNUTSHELL Service;
communicate with us by phone, e-mail, or otherwise;
complete a questionnaire, a support ticket, or a contest entry form;
upload images, videos, or other files to XNUTSHELL Services; or
participate in community features.
As a result of those actions, you might supply us with such information as: your name; address and phone number; payment information; your age; your location information; content of e-mails or other communications with us; personal descriptions; images, audio, and video stored in connection with XNUTSHELL Services, information and documents regarding identity and standing; financial information; and device log files and configurations.
Automatic Information
Examples of the information we collect and analyze include:
the Internet protocol (IP) address used to connect your computer or other device to the Internet;
login, e-mail address, and password;
computer, device, and connection information such as device application or browser type and version, browser plug-in types and versions, operating system, or time zone setting;
the location of your device or computer;
Device metrics such as when a device is in use, application usage, connectivity data, and any errors or event failures;
XNUTSHELL Service metrics (e.g., the occurrences of technical errors, your interactions with service features and content, your settings preferences and backup information, location of your device running an application);
the full Uniform Resource Locators (URL) clickstream to, through and from our website (including date and time); cookie number; products and/or content you viewed, page response times, download errors, page interaction information (such as scrolling, clicks, and mouse-overs); and
phone numbers used to call our customer service number.
We may also use device identifiers, cookies, and other technologies on devices, applications and our web pages to collect browsing, usage or other technical information for fraud prevention purposes.
Information From Other Sources
Examples of information we receive from other sources include:
Updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver your next purchase or communication more easily; and
Information about your interactions with products and services offered our affiliated companies.
Information You Can Access
Examples of information you can access through XNUTSHELL Services include:
status of recent orders;
personally identifiable information (including name, e-mail, password, communications, and address book);
payment settings (including partial payment card information);
your content, devices, services, and related settings; and
video clips or images associated with your account.