Terms
Global AI. Terms of Service. Privacy Policy
Global AI is a product and technology of SD OIL CO, LLC of Delaware.
Last Updated: November 25,2023
You control who sees your cameras and content. Global AI is designed to provide a way for you to view the content captured with your Global AI cameras, including your videos and photos taken with your Global AI cameras. You control access to your cameras and stored content. The Global AI video monitoring systems come with various services plans, which may offer: remote viewing of your Global AI cameras’ content; automatic recording when motion is detected; motion alerts (with links to the associated videos); video clips that are sent to your iPhone, iPad, Android phone, or tablet; digital pan and zoom; video storage; and the ability to support multiple cameras. Through settings in your Global AI account you can choose to keep your cameras, photos and videos private or allow broader access to them. Premium service plans may be offered that upgrade the aforementioned features or add additional features to your Global AI system.
Age:You must be at least 18 years of age to sign up for Global AI, and by signing up for Global AI you confirm that you are at least 18 years old. Global AI’s Global AI System does not knowingly collect or solicit personal information from anyone under the age of 18, and Global AI does not knowingly allow such persons to register for Global AI. If you are under 18, do not attempt to register for the Global AI or send any information about yourself to us without parental consent. No one under age 18 may provide any personal information to Global AI without parental consent. If we learn that we have collected personal information from somebody under age 18 without verification of parental consent, we will delete such information.
Introduction
Welcome to Global AI. Global AI is operated by Global AI Technologies, Inc. (“we,” “our,” “us,” or “the Company”). These Terms of Service apply to your use of any of our products or services (“Global AI Services”), including:
a) the Global AI hardware products, including cameras, lights, doorbells, and base station devices (referred to herein as the “Global AI System”); and/or
b) the Global AI websites and any associated subscriptions, content services, accounts, mobile apps, streaming video sites, technical support and services accessible via Global AI websites, and all other web services associated with the Global AI product (collectively referred to as the “Global AI Websites and Apps”).
((a) and (b) above being collectively referred to herein as the “Global AI Services”)
- Terms of Service
Your registration of the Global AI System through the Global AI Websites as well as use of the Global AI Services is subject to the provisions of these Terms. Global AI may at its discretion change these Terms. Any changes made to the provisions of these Terms will be updated on the Global AI website. We encourage you to periodically check the Global AI Websites for the current version of these Terms.
We reserve the right to amend these Terms at any time, even in existing contractual relationships. We will inform you about any changes by email at least 30 days before the changes come into effect. If you do not agree with the changes, you may terminate the contractual relationship with immediate effect. If you do not terminate the contractual relationship within 15 days from receipt of the notification, the changes become effective upon 30 days from the notification.”
We may, on giving written notice to you, transfer our contract with you and any rights and obligations arising therefrom at any time to Verisure Ireland DAC, c/o Building 3 University Technology Centre, Curraheen Road, Cork, Ireland, as part of a proposed transaction whereby all rights and obligations of our customers are transferred to the Verisure group of companies. In the course of this transfer, any data required for the execution of the contract will also be transferred to Verisure Ireland DAC.
If you are dissatisfied with any changes to these Terms you may cancel your use of the Global AI Services in accordance with Section 13 of these Terms.
Any software component embodied in the Global AI System is licensed to you, and not sold.
Global AI Services cannot be used in Cuba, Iran, North Korea, Sudan, or Syria, and the Global AI system should not be sold in these countries.”
THE Global AI SYSTEM, WEBSITES AND SERVICES ARE FOR PERSONAL, NONCOMMERCIAL USE ONLY.
- Registration Information
Registration of your Global AI System is required. To register, you must provide and maintain accurate information, which may include: (i) your name (ii) your system identification number (provided with each Global AI base station) and (iii) an e-mail address. You agree that you are 18 years old or older and agree to provide and maintain accurate and complete User Information. Global AI may terminate your account if you provide Global AI with inaccurate or incomplete information. You also certify that you are legally permitted to use and access the Global AI Services. These Terms are void where prohibited by law, and the right to access the Global AI Services is revoked in such jurisdictions.
By completing the registration process, you agree to the Privacy Policy and affirm that you understand and consent to Global AI’s collection, storage and use of your User Information. You have the right to update your User Information or change your consent to the collection, storage and use of your User Information at any time. Such changes can be made by logging into your Global AI account. Certain features of the Global AI Services may not be available if you restrict the collection, storage, or use of your User information.
- Member account, password and security
You will create a password and account designation during the Global AI Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to do the following:
(a) immediately notify us of any unauthorized use of your password or account or any other breach of security and
(b) ensure that you exit from your account at the end of each session.
Global AI will not be liable for any loss or damage arising from your failure to comply with this Section 3. Global AI may refuse registration of or cancel Global AI account designation in its discretion.
- Third-Party content
The Global AI Services give you the ability to access media content controlled by third parties (“Third-Party Content”) over which we exercise no editorial or programming control. You understand the following:
(a) Third-Party Content providers may restrict or revoke access to their content at any time;
(b) To the extent possible under the governing law, we are not responsible for and have no editorial control over any Third-Party Content; and
(c) Global AI has no control over the distribution of Third-Party Content.
You agree that Global AI will have no liability to you or anyone else who uses your Global AI System with regard to any Third Party Content. You also agree and declare that any and all Third Party Content accessed or transferred using the Global AI Services is for personal, non-commercial use and that the Global AI Services will not be used to illegally copy, illegally display or otherwise make illegal use of Third Party Content. Generally, authorization from the appropriate rights holder is needed prior to displaying, using, or copying Third Party Content. Unauthorized copying or distribution of copyrighted works may constitute an infringement of the copyright holders’ rights.
Global AI may terminate the accounts of users of any Global AI service or software who infringe the copyrights, trademarks, or intellectual property rights of others. In addition, steps intended to defeat or bypass security measures designed to prevent intellectual property infringement may be illegal under U.S. law or comparable foreign laws. Global AI may terminate the Global AI accounts of users who develop or use methods to defeat or bypass such security measures and may take any other necessary or appropriate action to prevent infringement of intellectual property holders’ rights.
- Changes to your Global AI Service
To the extent possible under the governing law, Global AI may, at its discretion and without notice or user permission, change, add, or remove features and functionality of the Global AI Services. If you are dissatisfied with any material changes to the Global AI Services during a subscription, you may immediately terminate your use of the Global AI Services and be entitled to a pro-rated refund of any of your paid for, but unused, subscription. Global AI is under no obligation to provide any or all features and functionality to your Global AI System and may, at its discretion, discontinue the provision of software updates to certain Global AI Systems. Because different Global AI Systems may support different features and functionality the level of service Global AI provides may not be the same for each Global AI System.
- Service eligibility/Parental advisory
Use of the Global AI Services requires that your Global AI System has access to an always-on, broadband internet connection.
THE Global AI SERVICES ARE INTENDED FOR USERS WHO ARE AT LEAST 18 YEARS OF AGE OR OLDER. BECAUSE THE Global AI SERVICES MAY PROVIDE ACCESS TO VIDEO OR IMAGES THAT CONTAIN EXPLICIT CONTENT INCLUDING EPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE. PARENTAL DISCRETION IS DVISED FOR ALL USERS UNDER THE AGE OF 18.
6a. Privacy and Personal Data
For the purpose of quality control and AI training algorithms Global AI may have access and process Non-personally identifiable information (Non-PII) such as images and video streams captured from your CCTV or video camera(s). By using Global AI you thereby agree to limit placement of your video camera(s) only to locations where CCTV installation and video surveillance is generally accepted: such as public areas, streets, walkways, etc. You therefore agree not to place your Global AI video camera(s) in any places privacy should be expected.
- Member Conduct
You understand that all information, data, text, software, photographs, video, messages, tags, feedback, comments, questions, other information or materials (“Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Global AI, are entirely responsible for all Content that you capture, upload, post, email, transmit or otherwise make available via the Global AI Services.
Global AI does not control the Content posted via the Global AI Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Global AI be liable for any Content, including but not limited to,
a) any errors or omissions in any Content
(b) any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Global AI Services including viewing, copying or redistribution of the Content;
(c) loss or destruction of Content; or
(d) failure to comply with any and all applicable federal, state, and local laws with respect to use of the Global AI Services including but not limited to laws related to closed-circuit television monitoring for any purpose and recording in public areas.
You also understand that Global AI does not guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we do not guarantee the authenticity of any data that users or merchants may provide about themselves. We do not control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Global AI Services.
You agree not to use the Global AI Services to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy; harm minors in any way; impersonate any person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Global AI Services; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail, “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose; interfere with or disrupt the Global AI Services or servers or networks connected to the Global AI Services (including without limitation denial-of-service attacks) or disobey any requirements, procedures, policies or regulations of networks connected to the Global AI Services; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ and any regulations having the force of law; and “stalk” or otherwise harass another.
Global AI does not view your private photographs or videos without your permission, but you agree that Global AI and its designees will have the right (but not the obligation) in their sole discretion to screen and/or remove Content that is made, or attempted to be made, publicly available via the Global AI Services. Global AI may also refuse or remove Content from the Global AI Services that may violate the Terms, such as those prohibitions listed in Section 7.
Without limiting the foregoing, Global AI will have the right at any time to remove any Content that violates these Terms, is illegal, or Global AI believes may be illegal or inappropriate (including, but not limited to, removal upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services. You acknowledge, consent and agree that Global AI may access, preserve and disclose your account information and/or Content if required to do so by law or in a belief that such access, preservation or disclosure is reasonably necessary to
(a) comply with legal process, including without limitation subpoenas and search warrants
(b) enforce these Terms
(c) respond to claims that any Content violates the rights of third parties
(d) respond to your requests for customer service or
(e) protect the rights, property or personal safety of Global AI, its users and the public.
You understand that the technical processing and transmission of the Global AI Services, including your Content, may involve(a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Global AI Services and software embodied within the Global AI Services may include security components that permit digital materials to be protected and that use of these materials is subject to usage rules set by Global AI and/or content providers who provide content to the Global AI Services.
You may not attempt to override or circumvent any of the usage rules embedded into the Global AI Services. Any unauthorized or illegal reproduction, publication, further distribution or public exhibition of the materials provided on the Global AI Services, in whole or in part, is prohibited.
- Content submitted or made available for inclusion on the Global AI Services
Global AI does not claim ownership of Content you submit or make available for inclusion on the Global AI Services. Nevertheless, with respect to Content (including all related intellectual property rights) you submit or make available for the Global AI Services, you grant Global AI the following worldwide, royalty-free, nonexclusive, perpetual, irrevocable, sublicenseable and transferable license(s), as applicable: the license to use, distribute, reproduce, modify, adapt, make derivative works of, publicly perform and publicly display such Content on the Global AI Services solely in connection with providing you the Global AI Services, as permitted through the functionality of the Global AI Services and under these Terms. You grant Global AI the right to maintain a copy of the Content (including all related intellectual property rights) for archival and legal purposes. You also hereby do and shall grant each user of the Global AI Services a non-exclusive license to access and use your Content through the Global AI Services, as solely permitted through the functionality of the Global AI Services and directed by you and under these Terms.
When you use a third-party application, the application may ask for your permission to access your Global AI content and information in order for the application to work as intended. Your agreement with the provider of that application will control how the application can use, store, and transfer that content and information, so be sure to thoroughly read any such application’s terms of service and only use applications from trusted providers.
When you use a third-party application, the application may ask for your permission to access your Global AI content and information to enable the application to work as intended. Your agreement with the provider of that application will control how the application can use, store, and transfer that content and information, so be sure to thoroughly read any such application’s terms of service and only use applications from trusted providers.
For clarity, the foregoing license grants to Global AI do not affect your ownership of or right to grant additional licenses to the material in your Content, unless otherwise agreed in writing.
- Subscription Fees
Some Global AI Services require an ongoing subscription. You agree to pay your subscription fee in advance. Your subscription period is stated in your Global AI subscription plan. Your subscription fee will cover the Global AI Services covered in your Global AI subscription plan. You may have a choice of subscription payment options and may change your selected payment option by notifying Global AI in accordance with the subscription plan. If for any reason you need to reactivate a terminated subscription you may be charged a reactivation fee. If you register for the Global AI Services under a promotional subscription fee, some additional restrictions may apply. Whatever your subscription payment option, your subscription fee does not include any services, features or functionality other than the Global AI Services as defined in the plan you choose. Global AI may offer multiple subscription plans with varying levels and services.
- Payment authorization
To sign up for a subscription option with recurring payments, complete the required registration details online, select your method of payment, check the box to “Automatically Renew my Service Plan,” and click “Continue.” You will receive an e-mail confirmation of your auto renewal once you complete the initial payment process. If you choose a subscription option with recurring payments (i.e. the monthly and annual subscriptions) you agree that Global AI may automatically charge the subscription fee to the credit or charge card provided.
To the extent possible under the governing law, Global AI may change the Global AI Services fees or charge additional fees for features and functionalities that are not a part of the Global AI Services. Such fee changes and additional charges will generally not take place until the renewal date for your subscription, and if you are dissatisfied with the fee changes or additional charges, you may terminate your use of the Global AI Services because of the implementation of such fee changes or additional charges and be entitled to a pro-rated refund of any of your paid for, but unused, fees for using the Global AI Services. Global AI will notify you by an email to the email address on record for your account in advance of any fee changes or new fees.
Global AI may suspend or terminate your Global AI Services without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks the return of payments previously made to Global AI for Global AI Services. You agree Global AI may charge interest on all amounts due that remain unpaid for 30 days or more. The monthly interest will equal 1.5% of the past due amount or the highest rate allowed by law, whichever is less, until the past due amount and interest is paid. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Global AI. Global AI may refer your account to a third party for collection in the event of ongoing default.
- Internet service provider and cell phone charges
The Global AI Services require the use of a broadband Internet connection. You are responsible for any service charges for your internet connection or data plan incurred as a result of using or accessing the Global AI Services and acknowledge and agree that you will be solely responsible for all disputes with any internet service or cell phone provider relating to same. In particular, streaming and viewing recorded videos and the use of the apps may incur extra and substantial charges on devices that use a data plan. Global AI is not responsible for and does not make any assurances about the availability, functionality, or cost of any broadband internet connection or other data plan.
- Using the Global AI Services
You may access and use the Global AI Services only with an Global AI System that is authorized to communicate with the Global AI Websites. You agree not to tamper with or otherwise modify your Global AI System. The Global AI Services are provided for your personal, non-commercial use and may not be resold, in whole or in part. Except as expressly provided in these Terms, you may not transfer the Global AI Services or the right to receive them. By using the Global AI Services you agree to receive all software updates and upgrades that Global AI sends to your Global AI System. If you disable the automatic upgrade feature of the Global AI System then certain functionality of the Global AI System may be adversely impacted. Even if you disable the automatic upgrade feature of your Global AI System, Global AI may still implement critical Global AI System updates; updates for Global AI applications running on your iPhone, iPad, Android phone, or tablet; and Global AI back end service updates. If your Global AI System accesses the Global AI Websites (regardless of your payment or subscription status) you acknowledge and agree that you are a user of the Global AI Services and are bound by the provisions of these Terms.
- Termination of service
You may request termination of your account and your right to use the Global AI Services at any time without limitation. The Global AI Services will be terminated within approximately 5 business days after your request. Any unused Global AI Services fees, including subscription fees, may not be refundable under this method of termination. Upon termination of your account, certain information may not immediately be deleted from Global AI’s or its agents’ systems, including without limitation log entries, diagnostics, analytics coming from devices tied to the user; transaction details of the account; or information subject to search warrant, subpoenas, or other legal process.
Notwithstanding anything to the contrary in these Terms, Global AI retains the absolute right to immediately terminate your account if the subscription charges are refused for any reason, if you breach any provision of these Terms, if you misuse the Global AI Services, and/or if you alter your Global AI System or use the Global AI Services or software in such a manner as to infringe upon the intellectual property rights of Global AI or any third party.
In addition, we may terminate your account and these Terms for any other reason if the following occurs:
Global AI gives you at least 30 days advance notice of such termination. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the Global AI Services before termination, and Global AI will give you a pro-rated refund of any of your paid for, but unused, Global AI Services fees that will remain unused because of Global AI’s termination under this method of termination. Termination of the Global AI Services may result in the forfeiture and destruction of all information associated with your membership, including Content.
All provisions of these Terms which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
- Notice
Global AI may provide you with notices, including those regarding changes to these Terms, by email, regular mail, text message, postings or updates to the Global AI Websites or other reasonable means now known or hereinafter developed.
- Title to software and intellectual property
You may need to use certain software programs in your Global AI System to use or have full access to certain features of the Global AI Services. You are required to accept and use the software included in your Global AI System at the time of purchase and other software programs that may be delivered to your Global AI System by Global AI from time to time. Global AI and/or its subsidiaries, affiliates, and licensors retain title to and ownership of all the software for the Global AI System and certain intellectual property rights in the Global AI System. Global AI and/or its affiliates also retain ownership of all Global AI copyrights and trademarks. In the case of third party software delivered by Global AI and/or its subsidiaries and affiliates to the Global AI System, the applicable third party retains title to and ownership of its software, copyrights and trademarks.
Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute or use for other purposes the Global AI System or the software of the Global AI System is strictly prohibited, unless such prohibition is not allowed under the applicable law. If you install any Global AI software applications on your home computer ownership and the other terms of such use are governed by the applicable End User License Agreement to which you must agree prior to installation.
- Notice and procedure for making claims of copyright or intellectual property Infringement
Global AI respects the intellectual property of others and we require our users to do the same. Global AI may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat intellectual property infringers. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated please provide Global AI with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
a description of the copyrighted work or other intellectual property interest that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
Please mail this information to:
Legal Department, Global AI Technologies, Inc.
2200 Faraday Avenue, Suite 150
Carlsbad, CA 92008
- Open source software
Certain components of the software for the Global AI System 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 the restrictions in Section 15 of these Terms. You are free to use, modify and distribute Open Source Software that is subject to the GPL so long as you comply with the terms of the GPL (available at www.gnu.org/copyleft/gpl.html). For clarification, these Terms do not limit your rights under, or grant you rights that supersede, the license terms of any applicable Open Source Software.
- Links
You may provide a link to your personal Global AI site. Any link to any Global AI Service must be to its home or top-level page.
The Global AI Services may provide, or third parties may provide, links to other world wide websites or resources. Because Global AI has no control over such sites and resources you agree that Global AI is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further agree that Global AI will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.
- Special admonitions for international use
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or from the country in which you reside. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- No resale of Global AI Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the Global AI Services (including your Global AI ID), use of the Global AI Services or access to the Global AI Services.
- Indemnity
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Global AI AND ITS SUBSIDIARIES AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCLUDING BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST Global AI AND ITS SUBSIDIARIES AND AFFILIATES OR THE Global AI SERVICES, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY PROVISION OF THESE TERMS, YOUR MISUSE OF THE Global AI OR Global AI SERVICES, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF Global AI PRODUCTS OR SOFTWARE.
- Warranty and Warranty disclaimer
TO THE EXTENT POSSIBLE UNDER GOVERNING LAW, OTHER THAN THE ABOVE PRODUCT WARRANTY FOR THE Global AI CAMERAS AND BASE STATION DEVICES, YOU UNDERSTAND AND AGREE THAT THE Global AI SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Global AI MAKES NO WARRANTY THAT THE Global AI SERVICES WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE Global AI SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE NOR DOES Global AI MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE Global AI SERVICES (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE Global AI SERVICES WILL BE CORRECTED OR THAT THE Global AI PRODUCTS OR Global AI SERVICES WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, Global AI DOES NOT WARRANT THAT THE Global AI SERVICES OR THE Global AI SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Global AI ALSO ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES THAT MAY INFECT YOUR Global AI BASE STATION, COMPUTER SOFTWARE, OR OTHER HARDWARE.
YOU AGREE THAT Global AI IS NOT AN INSURER AND THAT Global AI IS NOT PROVIDING ME WITH INSURANCE OF ANY TYPE. ANY AMOUNTS THAT YOU PAY Global AI FOR THE Global AI SERVICE ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF YOUR PROPERTY, ANYONE ELSE’S PROPERTY LOCATED IN YOUR PREMISES, OR ANY RISK OF LOSS AT YOUR PREMISES. IF YOU WANT INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS AT YOUR PREMISES, YOU WILL PURCHASE IT. IN THE EVENT OF ANY LOSS, DAMAGE OR INJURY, YOU WILL NOT LOOK TO Global AI TO COMPENSATE YOU OR ANYONE ELSE. YOU RELEASE AND WAIVE FOR YOURSELF AND YOUR INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST Global AI ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE OR INJURY.
Global AI’S EQUIPMENT AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF CERTAIN EVENTS, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, ROBBERIES AND MEDICAL PROBLEMS. Global AI MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE Global AI EQUIPMENT AND SERVICES PROVIDED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. Global AI DOES NOT UNDERTAKE ANY RISK THAT YOU OR YOUR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH YOU, NOT Global AI.
OTHER THAN THE ABOVE PRODUCT WARRANTY FOR THE Global AI CAMERAS AND BASE STATION DEVICES, Global AI AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE Global AI SERVICES, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, THE LAST SENTENCE OF THIS SECTION MAY NOT APPLY TO YOU. Global AI HEREBY FURTHER EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS FOR SERVICE FAILURES THAT ARE DUE TO NORMAL PRODUCT WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION OR YOUR NON-COMPLIANCE WITH ANY AND ALL APPLICABLE FEDERAL, STATE OR LOCAL LAWS. THIS WARRANTY AND WARRANTY DISCLAIMER GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY STATE, PROVINCE, OR COUNTRY. OTHER THAN AS PERMITTED BY LAW, Global AI DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR STATE, PROVINCE, OR COUNTRY. FOR OUR AUSTRALIAN CUTOMERS: PLEASE NOTE THAT THIS WARRANTY IS IN ADDITION TO ANY STATUTORY RIGHTS IN AUSTRALIA IN RELATION TO YOUR GOODS WHICH, PURSUANT TO THE AUSTRALIAN CONSUMER LAW, CANNOT BE EXCLUDED.
- No third-party beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms.
- Limitations of Global AI’s liability
Under no circumstances will Global AI be liable in any way for any Content, including, but not limited to, the loss of Content, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Global AI Services.
Global AI’s liability for damages, especially for breach of duty or obligation, delay in performance, non-performance, or malperformance shall be precluded, except when these are due to negligent breaches of any significant contractual duty or obligation on the part of Global AI. Any liability for negligence is limited to direct losses usually and typically foreseeable in such case. Should the claim for damages be based on wilful or grossly negligent breach of contractual duty or obligation on the part of Global AI, the preclusion and limitation of liability mentioned in the preceding sentences WIll not apply. The preceding preclusion and limitation of liability WIll also not apply to claims for damages arising out of loss of life, bodily injury or health impacts for which Global AI may be liable, or for non-contractual liability.
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. Additionally, this provision is not intended to limit Global AI’s liability in the event of Global AI’s willful or intentional misconduct. Moreover, if Global AI mistakenly or wrongfully overcharges your account, this section does not limit Global AI’s ability to refund such mistakenly or wrongfully overcharged amounts.
- General Information
EEntire Agreement. These Terms constitute the entire agreement between you and Global AI and govern your use of the Global AI Services superseding any prior agreements between you and Global AI with respect to the Global AI Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Global AI Services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. To the extent possible under your local law, these Terms and the relationship between you and Global AI will be governed by the laws of the State of California without regard to its conflict of law provisions.
To the extent possible under your local law, any dispute arising from or relating to the subject matter of this Agreement will be finally settled by arbitration in Santa Clara County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration an.
Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND Global AI ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. 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.
Waiver and Severability of Terms. The failure of Global AI to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of these Terms remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Global AI account is nontransferable and any rights to your Global AI ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
- Contact
For inquiries related to Global AI Products and Services, you may contact us at:
https://global.fwygroup.com/contact/
- Global AI Terms of Service Addendum
If you are a subscriber to an Global AI Service then the below additional Global AI Service Terms apply.
PLEASE READ THESE TERMS CAREFULLY AND IN FULL. THEY CONTAIN CERTAIN CONDITIONS AND RESTRICTIONS ON THE AVAILABILITY AND USE OF THE Global AI SERVICE YOU ARE ACTIVATING (“Global AI Service”)..
These “Global AI Service Terms” supplement the Global AI Terms and Conditions (“Global AI Terms” or “Terms”), which will otherwise apply in full force and effect, subject to any additional terms set forth herein. In the event of any inconsistency between the Global AI Service Terms and the Global AI Terms, the terms and provisions of the Global AI Service Terms will govern and control.
Activation. To activate your Global AI Service, you must affirmatively take certain steps – this activation will not occur automatically. For new Global AI users, this will involve creating an Global AI account as part of the sign up process. Your use of the Global AI Service will be subject to these Global AI Service Terms, the Global AI Terms, and Global AI’s Privacy Policy.
Duration. You may cancel your Global AI Service or delete your Global AI account at any time, upon which you will lose access to the Global AI Service and/or Global AI account. To take any of these actions, log into your Global AI account and follow the prompts on the account page.
Privacy. If your Global AI Service utilizes facial recognition, object recognition, and other artificial intelligence capabilities then Global AI may capture digital images, videos, sounds, and use information provided by your Global AI system. Global AI automatically may compare these captured images and sounds to databases of stored records. You explicitly agree that such data and other biometric or environmental data may be captured by your Global AI system and used and analyzed by the Global AI Service, but Global AI employees do not view your private images or private videos without your permission. In addition to the above-described information you provide to the Global AI system for use by the Global AI Service, you also acknowledge and agree that you will provide other information to Global AI, such as your email address, physical address, and credit card information. This latter information is for the purpose of activating and administering the Global AI Services.
Payment. The credit card you provide when signing up for the Global AI Service will automatically be charged the current price of the Global AI Service for each subscription period until you cancel. You can cancel the Global AI Service at any time prior to the commencement of the new subscription period, but you will not be provided a pro-rated refund for the current subscription period.If Global AI changes the monthly or other term subscription fee for the Global AI Service in the future, we will provide you advanced notice of the price change and when it will take effect. If not cancelled, price changes will take effect at the start of the next subscription period following the date of the price change. By not canceling and continuing to use the Global AI Service after the price change takes effect, you agree to be charged the new price. In other words, after your subscription period ends then the price for the next subscription period could be different, but the price will not be change during your current subscription period.
Limitations on Global AI Smart Service. The Global AI Smart E911 Service will not function (1) with the loss of critical electrical power, including without limitation the loss of power to equipment necessary to route Global AI Smart communications to the appropriate emergency call center; (2) if the wireless or broadband internet connection to your device with the Global AI Smart application is not operational; (3) at a remote location with no internet connection; (4) if the Global AI Smart application is not correctly configured; (5) if the correct physical address for the Global AI E911 Service is not provided; (6) if an emergency call center’s technical limitations render it incapable of receiving or processing calls from Global AI E911 Service; and (7) other force majeure events cause the quality of the broadband connection to deteriorate, including without limitation network congestion. Your acceptance of these Global AI Smart Service Terms constitutes your acknowledgement that Global AI has advised you of these potential limitations.
Disclaimer of Liability. We do not have any control over whether, or the manner in which, calls using our Global AI Smart E911 Service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing Global AI Smart E911 Service communications to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route communications is incorrect or yields an erroneous result. Neither Global AI nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our Global AI Service unless such claims or causes of action arose from our gross negligence or willful misconduct.
Additional Services. We may from time to time make additional Global AI services (each an “Additional Service”) available to Global AI customers. In order to access such Additional Services, you may be required to take certain steps, including consent to further terms.