Last modified: 2024-07-25
These terms constitute a binding agreement between Empowerment Technologies Inc. ("ETI") and you, the purchaser (the "user(s)" “you” or the “Customer”) By sealing, clicking a web page to confirm or otherwise selecting to accept these service terms, including but not limited to not clicking to confirm these service terms but having actually used the Defender Guard Cloud Service, you and ETI have entered a binding agreement as outlined in the Defender Guard Cloud Services Terms. The Terms is applicable to any Defender Cloud Service, including upgrades and updates of various services and software used by you during the term of the Terms.
The formation, performance, interpretation and dispute resolution of the Terms shall be governed by the laws of the laws of the Province of Ontario and the laws of Canada and shall be subject to the jurisdiction of Ontario courts where ETI is located. If any dispute arises between both Parties regarding the content or performance of the Terms, both Parties shall attempt to solve such dispute through friendly negotiations; if such negotiations fail, either Party may file a lawsuit to the court at the place where ETI is located.
Service Contents and Instructions on Use
The Defender Guard Cloud Service is a cloud service platform that provides the Users with uploading space and technically supported information storage space and provides the Users with online services such as personal data storage, synchronization, management and sharing. The Defender Guard Cloud Service does not directly upload or provide contents by itself and does not make any modification or edit to any content transmitted by the Users.
The Users understand that the Defender Guard Cloud Service only includes relevant online services such as data storage, and except for this, equipment relating to relevant network services (such as personal computers, mobile phones and other devices relating to access to the Internet or the mobile network) and necessary expenses (such as the telephone fee and Internet access fee paid for access to the Internet and the data fee paid for use of the mobile network) shall be the sole responsibility of the Users themselves. ETI reserves the right to limit the number of Accounts that may be created from a device and the number of devices associated with an Account. The latest version of required software may be required for certain functions or features. You agree that meeting these requirements is your responsibility.
To use the Service, you cannot be a person barred from receiving the Service under the laws of any applicable jurisdictions, including the country in which you reside or from where you use the Service. By accepting the Terms, you represent that you understand and agree to the foregoing.
The Users shall not misuse the Defender Guard Cloud Service, and content providers and users shall be responsible for uploading and use of any instant messages, emails, information, data, texts, software, music, audios, photos, images, videos, messages and the Users’ registration information or other information (“Users Provided Contents”) uploaded, posted, sent or otherwise transmitted by this Service, whether transmitted publicly or privately. As the provider of the Defender Guard Cloud Service, ETI is unable to control the Users Provided Contents transmitted by this Service or to fully control the use thereof by the Users, and therefore, it cannot guarantee the legality, correctness, completeness, authenticity or quality of the Users Provided Contents; you have foreseen that when using this Service, you may have access to unpleasant or inappropriate Users Provided Contents, and agree that you will make your own judgment and bear all risks without relying on the Defender Guard Cloud Service.
If the use of the Defender Guard Cloud Service by the Users is not in compliance with the Terms, ETI has the right to supervise the use of the Defender Guard Cloud Service by the Users, and if by check, notification, reporting or other ways, ETI finds that the Users breach any provision of the Terms when using the Defender Guard Cloud Service, ETI has the right to require the Users to make correction or directly take all measures that ETI deems necessary (including but not limited to deleting the Users Provided Contents uploaded by the Users, changing the authority of the Users, or suspending or terminating the right of the Users to use the Defender Cloud Service) to reduce the impact caused by the Users’ misconduct.
If the use of the Defender Guard Cloud Service by the Users is not in compliance any applicable law and regulations, when finding such non-compliance by such ways as notification or reporting, ETI has the right to make an independent judgment and to immediately stop providing the Users with part or all of the Defender Guard Cloud Service without notifying the Users in advance. If the use of the Service violates any applicable laws and regulations, when relevant authorities query or retrieve the business data of the Users, ETI is obliged to provide cooperation according to the requirements of the relevant laws and regulations or policy documents and make disclosures to third parties or authorities such as administrative or judicial authorities; if the Users’ acts and use of the Defender Guard Cloud Service results in any claim by any third party or any damage or loss is thus caused, the Users shall bear all liabilities and indemnify and make ETI whole against any damage or loss.
Ownership
ETI reserves full and indivisible ownership and intellectual property of the following contents and information:
Except for the Users Provided Contents, the Defender Guard Cloud Service and all elements thereof, including but not limited to all contents, data, technologies, software, codes, user interfaces and any derivative works relating thereto.
Without the consent of ETI, any information and feedback provided by the Users to the Defender Guard Cloud Service and relating to the services of this platform may not be directly or indirectly released or broadcasted on any media or be rewritten or reissued for the purpose of broadcasting or releasing or be used for any other business purpose. The above data or any part thereof may only be stored in the computers of the Users for private purposes. The Defender Guard Cloud Service will not bear any legal or economic liability to the Users or any third party in any way for any delay, inaccuracy, error or omission arising from the above data or arising during transmission or submission of all or part of the above data or any damages resulting or arising therefrom.
All rights to any software (including but not limited to any images, photos, animations, video or audio recordings, music, texts and additional programs or attached help materials contained in such software) used by the Defender Guard Cloud Service for providing network services shall belong to the copyright owner of such software. The Users shall not commit any act that allegedly infringes upon copyrights. Without the permission of the copyright owner of such software, the Users may not reverse engineer, decompile or disassemble such software or otherwise discovers its original codes.
Undertakings and Warranties
The Users warrant that when using the Defender Guard Cloud Service, they may not directly or indirectly:
Delete, conceal or change any patent, copyright, trademark or other ownership statement shown or contained in the Defender Guard Cloud Service;
Disrupt or attempt to disrupt, in any way, the normal operation of any part or function of the Defender Guard Cloud Service or the website of Defendercameras.com or ETI;
Circumvent or attempt to circumvent or claim that they can circumvent any content protection mechanism or any tool of the Defender Guard Cloud Service;
Without the prior written consent of ETI, use any registered or unregistered works, service marks, logos, URLs or other marks originating from ETI in written or graphic forms;
Use any mark, including but not limited to using any mark of ETI in a manner that taints, impairs or damages the rights of the owner of such mark, or impose or purport to impose any obligation or grant any right or authority for themselves or to any other person in a manner that breaches the Terms; except as otherwise designated by ETI in writing, the Users may not export any user information,
Show or otherwise provide any user information to any non-original users without the prior consent of the original users;
Request, collect, solicit or otherwise obtain from any user any access right to the account numbers, passwords or other authentication credentials of ETI;
Represent authentication credentials for any user to automatically log on to any account of ETI;
Provide tracking functions, including but not limited to identifying views or operations by other users on personal home pages;
Automatically direct browser windows to other web pages;
Without authorization, pose as others or obtain access right to the Defender Guard Cloud Service; or
Without the express consent of a User, let any other person identify such User in person.
If any User violates any of the above warranties, ETI has the right to give a warning to such User, block such User, up to cancelling the qualification of such User, depending on the circumstances; in such an event, any used or unused terms of the Service that has already been paid for are not eligible for a full or prorated refund. If any User violates any of the above warranties and thus causes any loss to the Defender Cloud Service, any other User of the Defender Cloud Service or any partner of ETI and its affiliates, such User shall bear all legal liabilities and compensate for such loss by himself/itself.
Undertakings of the Users:
They have obtained valid authorization from the right holders (if any) of the Users Provided Contents uploaded, posted, transmitted or otherwise e disseminated using the network services provided by the Defender Guard Cloud Service, and have reached agreements with the foregoing right holders regarding distribution of rights and interests, and warrant that they have full, complete and flawless ownership or intellectual property before submitting or uploading the relevant Users Provided Contents to the Defender Guard Cloud Service;
The Users Provided Contents uploaded, posted, transmitted or otherwise disseminated by the Users using the network services provided by the Defender Guard Cloud Service shall not contain any information that violates laws, regulations or policies within your jurisdiction, county or country.
The Users may not use this Service for any illegal purpose; may not use the network services of ETI in any way to infringe upon the commercial interests of ETI, including but not limited to publishing commercial advertisements that have not been permitted by ETI; and may not use the network service system of the Defender Guard Cloud Service to commit any act that may adversely affect the normal operation of the Internet or mobile network.
The Users may not engage in the following activities using the Defender Cloud Service:
without permission, entering any computer information network or using any computer information network resources;
without permission, deleting, modifying or adding any computer information network function;
without permission, deleting, modifying or adding any data or applications stored, processed or transmitted in any computer information network;
committing any act that undermines or attempts to undermine network security (including but not limited to phishing, hacking, Internet fraud, containing or allegedly spreading in websites or space: viruses, Trojan and malicious codes, and allegedly attacking other websites or servers by virtual servers, such as scanning, sniffing, ARP deception and DOS); and
other acts that jeopardize computer information network security.
If any Users Provided Content uploaded, posted, transmitted or otherwise disseminated by the Users using the network services provided by the Defender Guard Cloud Service has any right flaw or infringes upon the legitimate rights and interests of any third party (including but not limited to patents, trademarks, copyrights and copyright neighbouring rights, portrait rights, privacy rights and reputation rights), and therefore, ETI or any other entity cooperating with ETI faces any complaint, whistleblowing, inquiry, claim or litigation; or ETI or any other entity cooperating with ETI thus suffers any loss of honor, reputation or property, the Users shall actively take all possible measures to ensure that ETI and such other entity cooperating with ETI are not affected by such claim or litigation. Meanwhile, the Users shall bear all liabilities for compensation for direct and indirect economic losses thus suffered by ETI and such other entity cooperating with ETI.
Protection of Intellectual Property
If other users are allowed to download, view, listen to or otherwise access or distribute the Users Provided Contents, the Users shall guarantee that the posting of such Users Provided Contents and the relevant acts comply with relevant copyright policies in the relevant intellectual property laws and regulations, including but not limited to:
When receiving an infringement notice sent by ETI or any other third party, the Users shall immediately delete or prohibit access to the infringing contents declared, and contact the person who delivers the notice to understand detailed information; or submit contrary evidence within five working days, including but not limited to: (1) the subject information of the party against whom the complaint is made and relevant materials; (2) the viewpoint of the party against whom the complaint is made regarding the complaint; (3) preliminary evidence of no infringement; and (4) warranties made by the party against whom the complaint is made.
The Users acknowledge and agree that ETI will handle, according to relevant laws and regulations, qualified infringement notices sent by third parties, and according to requirements, delete or prohibit access to the infringing contents declared and adopt and implement proper policies in attempt to prevent repeated infringements under corresponding conditions.
Privacy Protection
ETI carefully stores all user information as per the Defender Guard App Privacy Policy. At any time, your information will be processed according to the Privacy Policy for Defender Guard Products.
Shared information. You may voluntarily make a setting to share information with others. The Users understand and acknowledge that when the Users share information publicly, various search engines including ETI may capture such information;
ETI will not make public or provide to any third-party non-public contents that the Users store on the Defender Cloud Service, unless under the following circumstances:
Specified by the relevant laws and regulations or by the lawful service procedures for the Defender Guard Cloud Service;
For the purpose of safeguarding the rights and interests of the Users and the public in case of emergency;
For safeguarding the trademark, patent and any other legitimate rights and interests of ETI; and
Any other circumstance under which personal information shall be made public, processed or disclosed according to law.
Subscription
When offered by Guard Cloud Service, Users may activate a Free Trial by clicking “Activate Free Trial” under “Device’ in Defender Guard app. Users may enjoy the Free Trial once for each Defender Guard device.
During the Free Trial, if Users pay for regular subscription plan (“Paid Subscription”), it will become effective immediately. The Free Trial will be suspended and the remaining time will resume automatically once the Paid Subscription expires.
For the initial subscription period, Users will be billed or charged the subscription fees forty-eight (48) hours prior to the commencement of the next applicable subscription period. Following the first renewal, the subscription fees are billed or charged on the first day of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, ETI reserves the right to cancel the User’s subscription and to collect any rejection or insufficient funds fee and to process any such payment by the payment method the User have submitted.
If automatic renewal of a paid Subscription is canceled, the Service will remain active until the expiration date of the current subscription period. If a new Subscription Service is purchased by the User before the expiration date of existing Service, the Subscription service will become effective immediately, and the remainder of the existing Service will be Deactivated. Deactivated Service will be saved to the User’s account and can be resumed manually by the User for device.
Guard Cloud Subscription plan options:
Guard Cloud Subscription is available only for some countries and regions. You may enjoy the bundled benefits of Guard Cloud Subscription listed as follows after you subscribe correspondingly:
Features |
Guard Cloud Starter |
Guard Cloud Elite |
Cloud Storage |
All of your detection event-based videos are saved in the cloud for up to 7 days so you can review them at your convenience. |
All of your detection event-based videos are saved in the cloud for up to 30 days so you can review them at your convenience. |
Device Share |
You can share part of the functional permissions of the Defender Guard devices to up to 10 registered Defender Guard users. Friends who have obtained the permissions can use the corresponding functions of the device. |
You can share part of the functional permissions of the Defender Guard devices to up to 20 registered Defender Guard users. Friends who have obtained the permissions can use the corresponding functions of the device. |
AI Detection |
N/A |
Person, Pet, Vehicle & Package Detection. When the target (including but not limited to Person, Pet, Vehicle, & Package) appears in the video recording, you will get notifications on the Defender Guard app. |
Download SD Card Recordings |
You can download SD card recordings anywhere and anytime |
You can download SD card recordings anywhere and anytime |
*The benefits and Pricing of Guard Cloud Subscription may be differentiated by country and Grade, please update the Defender Guard App to the latest version and refer to the subscription page on your Defender Guard App for most up-to-date information.
Payment of Paid Subscription
Guard Cloud provides month to month or automatic monthly and annual renewal by selecting Automatic Renewal subscription. You agree that Defender will charge your method of payment forty-eight (48) hours before the first renewal commences or on the first day of each billing period for all subsequent renewals for the relevant subscription. Users must cancel the subscription seventy-two (72) hours before the next renewal period. Cancellation will take effect at the end of the current billing period.
To activate a subscription, you may click open Defender Guard app, then click devices and the cloud service logo and choose the subscription for purchase. If you have a prepaid voucher for Guard Cloud service, you can start the subscription by entering the voucher code.
The Defender Guard Cloud Services will be triggered only when the camera detects movements of humans or other moving objects, at which the camera will start recording and upload the data to the Defender Guard Cloud. To use this service, you must have a minimum of sufficient bandwidth on the local network that the camera(s) are connected to, for each channel or camera subscribed for cloud recording. If the device cannot connect to the Service because it is offline, out of power, or deleted, or due to insufficient bandwidth, data will not be uploaded to Defender Guard Cloud.
If you deactivate your existing subscription, which may happen when you disassociate a subscription from a device or by deleting the device form the account as well as other devices that causes the subscription to deactivate, your device will stop uploading data to the cloud; Deactivated subscription term will not be extended and will expire at the end of the original term. You will not be eligible for any prorated refund of any portion of the subscription fee paid for that subscription plan.
Disclaimer Statement
Considering the particular nature of network services, the Users agree that the Guard Cloud Service has the right to change, interrupt or terminate part or all of network services at any time. If the network services that are changed, interrupted or terminated are free, the Guard Cloud Service does not need to notify the Users separately, nor does it need to bear any liability to any User or any third party.
The Users understand that the Guard Cloud Service needs to regularly or irregularly inspect and repair or maintain the platform that provides network services or relevant equipment, and if due to such circumstances, any fee-based service is interrupted within a reasonable period of time, ETI will not provide notice or bear any liability for such interruption. ETI does not offer any specific uptime guarantee for the Services.
The Guard Cloud Service may change this Service or delete a part of its functions at any time for any reason. The Guard Cloud Service may cancel or terminate services to the Users at any time. The decision of the Guard Cloud Service to cancel or terminate services requires no reason or notification to the Users. Once services are cancelled, the rights of the Users to use this Service shall immediately terminate. Once this Service is cancelled or terminated, any information that the Users store in this Service may be deleted immediately.
The Guard Cloud Service does not warrant (including but not limited to):
The Guard Cloud Service is suitable for the usage requirements of the Users;
The Guard Cloud Service is undisturbed, timely, safe, reliable or error fee; and any product, service or other material that the Users obtain by the Guard Cloud Service meets the expectation of the Users;
The Users shall be responsible for the risks of their use of any data downloaded or obtained by the Defender Cloud Service; and if due to such use, the Users’ computer systems are damaged or their data are lost, the Users shall be solely liable for such damage or loss.
Once deleted, user data are unrecoverable; the Users shall bear the consequences and liabilities caused by such deletion of data, and the Guard Cloud Service has no obligation to continue to retain, export or return the business data of the Users.
Regarding any loss of profit, goodwill or data or any other tangible or intangible, direct, indirect, special, consequential or exemplary damages resulting from the following reasons, the Guard Cloud Service will not be liable for any direct or indirect compensation:
The use or unavailability of the Guard Cloud Service;
Any product, data or service purchased or obtained by the Guard Cloud Service;
any change made to the Service;
the deletion of, corruption of, or failure to store and/or send or receive your transmission or data on or through the Service; and
Unauthorized use or modification of user data and any other matter relating to the Service.
As a registered user of the Service, you must establish an Account. The user is solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify ETI of any security breach of your Account. You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis and you should not share your Account and/or password details with any other party other than that shared directly through the Defender Guard App. Provided ETI has exercised reasonable skill and due care, ETI shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules.
Termination
If you wish to stop using the Service on your device, you may delete your ID or delete your device. To terminate your Account and delete your ID, you must do so directly in the Defender Guard app. If you terminate your Account and delete your ID, you will not have access to the Services with that ID. This action may be non-reversible. Any fees paid by you prior to your termination are non-refundable (except as expressly permitted otherwise by the Terms), including any fees paid in advance for the billing year during which you terminate. Termination of your Account shall not relieve you of any obligation to pay any accrued fees or charges.
ETI may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to the Service. Cause for such termination shall include: (a) violations of the Terms or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your Account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Service to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; or (g) failure to pay any fees owed by you in relation to the Service, provided that in the case of non-material breach, ETI will be permitted to terminate only after giving you 30 days’ notice and only if you have not cured the breach within such 30-day period. Any such termination or suspension shall be made by ETI in its sole discretion and ETI will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service. In addition, ETI may terminate your Account upon 30 days’ prior notice via email to the address associated with your Account if (a) your Account has been inactive for one (1) year; or (b) there is a general discontinuance of the Service or any part thereof. Notice of general discontinuance of service will be provided as set forth herein, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a natural disaster, a catastrophic event, war, or other similar occurrence outside of ETI’s reasonable control. In the event of such termination, ETI will provide you with a pro rata refund of any pre-payment for your then-current paid term.
Miscellaneous
The final right to interpret the Terms shall be vested in ETI.
Terms ETI reserves the right to amend the Terms at any time, and such amendments will be published on Defendercameras.com. If any User disagrees with any amendment made by the Guard Cloud Service to any provision of the Terms, such User is entitled to cease to use the Guard Cloud Service. If such User continues to use the Guard Cloud Service, then such User shall be deemed to have accepted the amendment made by ETI to the relevant provision of the Terms.
All notices to the Users from the Guard Cloud Service hereunder may be given by in-app announcements; such notices shall be deemed to have been given to the recipient on the day they are sent.
If any provision of the Terms is invalid or unenforceable in whole or in part for any reason, the remaining provisions of the Terms shall remain valid and enforceable.
If any provision of the Terms shall survive the termination of the Terms by its nature or otherwise, such provision shall be deemed to survive the termination of the Terms, including but not limited to warranties, confidentiality clauses, intellectual property clauses, and governing law and dispute resolution clauses.
Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because ETI may have no control over such third-party sites and/or materials, you acknowledge and agree that ETI is not responsible for the availability of such sites or resources and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that ETI shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.
Export Control. Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Service for any purposes prohibited by any applicable law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You further agree not to upload to your Account any data or software that is: (a) subject to International Traffic in Arms Regulations; or (b) that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software and source code, without first obtaining that authorization. This assurance and commitment shall survive termination of the Terms.
Please contact Customer Service at support@defendercameras.com if you have any inquiries.