Contrat de service de stockage en cloud

Last Updated: June 27, 2023

This Cloud Storage Service Agreement (this "Agreement") is entered into by and between Shenzhen Libro Technology Co., Ltd. or its affiliates (hereinafter referred to as "Designlibro") with its operation partners and any subject (including but not limited to a natural person, legal person, other organization, or group, hereinafter referred to as the "User" or "you") who uses the Designlibro Cloud Storage Service provided by Designlibro (hereinafter referred to as the "Cloud Storage Service" or the "Service") with respect to the Cloud Storage Service.

This Agreement is a supplement to the User Agreement and its related agreements. Designlibro may revise the terms of this Agreement at any time without further notice. All revised terms shall take effect immediately after publication. If you do not agree to the terms of this Agreement or any revision of the terms hereof, you shall cease to purchase or use the Cloud Storage Service set forth herein in time. If you continue to access, purchase, or use the Cloud Storage Service after any revised terms of this Agreement are published, you shall be deemed to have agreed to and accepted the entire content of the revised agreement.

If you have any questions about the Cloud Storage Service, you shall contact Designlibro through user feedback in App.

1. Content of the Cloud Storage Service

1.1 The Cloud Storage Service provides the service and technology for video data storage and enables the upload, storage, synchronization, management, and sharing of video and/or audio recordings (data) for cameras, doorbells, or other devices with camera recording functions (hereinafter referred to as the "Device"). Once you purchase and activate the Cloud Storage Service, the Device automatically starts the corresponding upload, storage, synchronization, management, and sharing of video and/or audio recordings (data) based on the service type. You acknowledge and agree that the data storage period provided by the Cloud Storage Service will be limited to the period of the cloud storage service duration plan (such as the monthly plan or the annual plan)you selecte, and that the data will be permanently deleted after the expiration of the selected storage period, such as 7 days, 14 days, and 30 days.

1.2 Only you and the person you authorized may log in to your account through the App at any time and view, download, and/or delete the video and audio data related to the Cloud Storage Service in your account. Designlibro will not make any modifications or editing to the audio and video data uploaded by you.

2. Classification of the Cloud Storage Service

2.1 According to the storage mechanism, the Service is divided into event cloud storage and rolling cloud storage. For the event cloud storage, when the Device detects any activity within the monitoring range, it will record the event as a video (event recording), and upload the event recording to the storage space provided by the Service. For the rolling cloud storage, in addition to the above-mentioned event recording, the Device will record a continuous video with a corresponding duration (continuous recording), and upload the recording to the storage space provided by the Service. The types of services we provide for you may vary based on the actual situation, such as different countries or regions, and the type of service you actually purchase shall prevail.

2.2 According to the storage duration, the service is divided into 7-day cloud storage, 14-day cloud storage, and 30-day cloud storage. For the 7-day cloud storage, the video data of the latest seven days is stored on a rolling basis within the service period. For the 14-day cloud storage, the video data of the latest 14 days is stored on a rolling basis within the service period. For the 30-day cloud storage, the video data of the latest 30 days is stored on a rolling basis within the service period. The types of services we provide for you may vary based on the actual situation, such as different countries or regions, and the type of service you actually purchase shall prevail.

2.3 According to the service term, the Service is divided into monthly service and annual service. The service term of the monthly service is 30 days, and the service term of the annual service is 365 days. Within the corresponding service term, the audio and video data is recorded and stored on a rolling basis based on the storage duration (such as 7 days, 14 days, and 30 days, as specified in Article 2.2 hereof) of the Service that you purchase. For example, the monthly service for 7-day event storage stores the data of the last 7 days on a rolling basis within the 30-day validity period. Data before the last 7 days will be overwritten and deleted. The types of services we provide for you may vary based on the actual situation, such as different countries or regions, and the type of service you actually purchase shall prevail.

2.4 According to the application of smart algorithms, the Service is divided into common cloud storage and smart cloud storage. Common cloud storage triggers the upload of stored event recordings to the cloud based on the device motion detection event algorithm. The cloud storage service is a common cloud storage service if no special description is provided on the service page. Smart cloud storage identifies and marks the recorded content, such as human shape, vehicle, pet, and package, through cloud algorithms based on the events detected by the Device. If you do not find relevant products and descriptions when purchasing a product, relevant products are not published on your App, or relevant functions are not supported by your App.

3. Fees for the Cloud Storage Service and Fee Payment

3.1 You shall, according to the operation instructions on the App and provisions hereof, confirm the corresponding service price, service content, and service type, and purchase and pay for the Cloud Storage Service. You acknowledge and agree that the fee for the Cloud Storage Service only covers the Cloud Storage Service itself, and other fees related to the Cloud Storage Service, including but not limited to expenses on the Device (such as personal computer, mobile phone, and other devices related to accessing the Internet or mobile network), expenses on smart devices binding with the Cloud Storage Service, and any other expenses (such as telephone fees and Internet access fees paid for accessing the Internet, mobile phone fees paid for using the mobile network, and commission fees of third-party payment platforms), shall be borne by you.

3.2 Changes to the Cloud Storage Service: Designlibro may adjust the service content, service type, and service price from time to time according to business needs or market conditions. The details are subject to the information displayed on the App page when you purchase the service.

3.3 The payment methods of the Cloud Storage Service include general subscription and auto-renewable subscription.

(1) General subscription indicates that you activate and use the Service after making a one-time payment, and you need to manually subscribe to the Service again after the service expires.

(2) Auto-renewable subscription indicates that for the purpose of your continuous use of the Service, you authorize a third-party payment platform, such as PayPal and Stripe, to create a plan to automatically deduct service fees when you subscribe to the Service. The payment cycle includes but is not limited to the monthly payment and annual payment. In particular, Designlibro will check your automatic payment deduction record on the third-party payment platform before the expiration of the Cloud Storage Service you have purchased. If you have successfully renewed the service, Designlibro will automatically activate and provide the Cloud Storage Service for you in the next cycle, according to the service period you have purchased. If you fail to pay Designlibro due to payment failure (including but not limited to the system failure of the third-party payment platform, account quota limit, and insufficient account balance), Designlibro will no longer provide the Cloud Storage Service for you.

3.4 Cancellation of auto-renewable subscription: You can cancel the auto-renewable subscription through Designlibro's App or directly contact Designlibro at any time, provided that you understand and agree that: before you cancel the auto-renewable subscription function, the Cloud Storage Service you have successfully paid for does not support cancellation, refund, or replacement.

3.5 Abnormal subscription and payment: If you cannot use the Cloud Storage Service normally after a successful payment or purchase, you shall contact Designlibro after-sales personnel in time, and Designlibro will guide you in troubleshooting the problem. If the Service cannot be used normally for a reason caused by Designlibro, Designlibro may handle the corresponding refund for you according to your usage of the Service.

4. Activation and Use of the Cloud Storage Service

Designlibro will immediately activate the Cloud Storage Service after the User successfully purchases the Cloud Storage Service and completes the device binding. The activation time of the multi-channel Cloud Storage Service is calculated based on the time of the binding of the first device. You understand and agree that once the Cloud Storage Service is activated, the duration of the Service cannot be suspended. If the User has purchased the Cloud Storage Service but does not complete the device binding, the Service remains inactivated, and its service term does not commence. Within the service term of the purchased Cloud Storage Service, you can replace the device bound to the Service according to the instructions on the App. This function is not supported by some previous versions and is subject to the information displayed on the App.

5. User Warranties and Undertakings

5.1 You shall properly keep important information such as your account and password. If you fail to properly manage your account and password, all operations that occur under your account shall be deemed as operations carried out by you, and you shall solely bear any consequences and responsibilities for the sharing or deletion of the stored content arising therefrom, and Designlibro shall not bear any responsibility therefor.

5.2 You shall warrant the authenticity, legality, correctness, and integrity of all information you provide when purchasing the Cloud Storage Service. You shall bear all consequences arising from any defects in the authenticity, legality, correctness, or integrity of the information you provide, which shall be irrelevant to Designlibro.

5.3 You shall not interfere with or attempt to interfere with Designlibro's website or cloud services provided by Designlibro in any way, nor circumvent or attempt to circumvent any content protection mechanism or data measurement tool of the Cloud Storage Service of Designlibro, nor redirect the browser window to other webpages.

5.4 You shall not use the Service for any illegal purposes, nor use the Service to commit any of the following acts:

1) Violating the basic principles determined by the Constitution;

2) Endangering national security, divulging state secrets, subverting state political power, or undermining national unity;

3) Damaging the honor or interests of the state;

4) Inciting ethnic hatred or discrimination, or undermining ethnic solidarity;

5) Undermining national religious policies, or advocating cults or feudal superstitions;

6) Spreading rumors, disturbing social order, or undermining social stability;

7) Spreading information about obscenity, pornography, gambling, violence, murder, terror, or instigation of crime;

8) Insulting or slandering others, or infringing others' legitimate rights and interests;

9) Any other acts prohibited by laws or administrative regulations.

6. Limitation of Liability

6.1 You understand and acknowledge that all content uploaded and stored by using the Service will be uploaded and stored by Designlibro in the form of the original records generated by the Device. Designlibro can control neither the content transmitted by using the Service nor your use of such content. Therefore, Designlibro shall not be liable for the legality, correctness, integrity, and authenticity of the content generated by the Device and uploaded for storage or the quality of the audio and video data generated by the Device.

6.2 You understand that Designlibro and our Cloud Storage Service partners may overhaul or maintain the equipment and network that provide the Cloud Storage Service on a regular or irregular basis, and Designlibro shall not be liable for any interruption of the Service arising therefrom, provided that Designlibro shall make an announcement in advance as far as possible.

6.3 Designlibro may change the Service or delete certain functions thereof at any time for any reason whatsoever. Designlibro may also cancel or terminate the Cloud Storage Service at any time, provided that Designlibro shall make an announcement in advance as far as possible.

6.4 You shall be responsible for any dispute or loss arising out of authorized access to or use of the content in your cloud storage space by any third party, and Designlibro shall not bear any responsibility therefor.

6.5 In no event shall Designlibro be liable for any indirect, punitive, special, or consequential damages; and in no event shall the total liability (if any) of Designlibro for breach of this Agreement, including but not limited to liquidated damages and damages, exceed CNY 5,000.

7. Intellectual Property Rights

7.1 The intellectual property rights in the Cloud Storage Service provided by Designlibro shall be owned by Designlibro. After purchasing the Cloud Storage Service, you have the right to use the Cloud Storage Service pursuant to this Agreement, but this shall not be construed as Designlibro granting you any intellectual property rights in the Cloud Storage Service.

7.2 You shall not use any service mark, logo, URL, or other signs of Designlibro in any way without the prior written consent of Designlibro.

8. Rights of Designlibro

8.1 If Designlibro finds through a notice or report from a third party or other channels that your use of the Cloud Storage Service violates this Agreement or applicable laws and regulations, Designlibro has the right to make an independent judgment and to immediately terminate all or part of the Service to you and freeze your account without prior notice to you. You shall be fully liable for any claim filed by any third party or any punishment imposed by the competent authority as a result of your use of the Cloud Storage Service in violation of this Agreement or law, and you shall indemnify Designlibro for any loss arising therefrom.

8.2 Designlibro reserves the right to supervise your use of the Cloud Storage Service. If Designlibro finds through a notice or report from a third party or other channels that your use of the Cloud Storage Service violates this Agreement or applicable laws and regulations, Designlibro has the right to require you to take all measures that Designlibro deems necessary, including but not limited to requiring you to modify or delete the content you uploaded, and suspending or terminating your use of the network services, to eliminate any adverse impacts arising out of your violation.

9. Privacy Protection

9.1 Designlibro fully respects the protection of Users' personal information. Designlibro's privacy policy statement sets forth the relevant policies and procedures that Designlibro shall follow when collecting and using Users' personal information in the Cloud Storage Service. For more information about data security and privacy protection, open App and go to Me > Settings > Privacy Policy Management > Privacy Policy.

9.2 You can share information with others by making settings. You understand and know that when you publicly share your information, Designlibro cannot guarantee that various search engines will not crawl such information. Please note the precautions before sharing information.

9.3 Designlibro will not make public or provide to any third party the non-public information that you store in the cloud storage space, unless:

1) required by applicable laws and regulations;

2) for the purpose of protecting the rights and interests of you and the public under emergencies;

3) for the purpose of protecting the legitimate rights and interests of Designlibro;

4) under any other circumstance where your personal information is required by law to be made public, edited, or disclosed.

10. Force Majeure

10.1 Force majeure means any events that cannot be controlled, foreseen, or overcome, including but not limited to natural disasters, such as earthquakes, floods, and fires; war or quasi-war state, terrorist activities, military control, riots, and widespread outbreaks of infectious diseases; and government actions and new legal orders.

10.2 If Designlibro cannot provide the Service due to force majeure, Designlibro shall not be liable for breach of contract.

10.3 Considering the particularity of the Internet, the force majeure events under this Agreement also include but are not limited to the following circumstances that affect the normal operation of the Internet:

a) Hacker attacks;

b) Significant impact resulting from technical adjustments in the telecommunications sector;

c) Temporary closure resulting from government control;

d) Virus attacks;

e) Network, bandwidth, or domain name resolution failures;

f) Service delays and service barriers of network equipment or technology providers;

g) Any other similar events or events that are likely to have similar consequences.

11. Miscellaneous

11.1 Designlibro reserves the right of final interpretation of this Agreement.

11.2 This Agreement and any amendments hereto shall become effective upon being published on the App or Designlibro's website.

11.3 The conclusion, performance, interpretation, and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China, excluding laws and regulations of Hong Kong, Macao, and Taiwan. The parties shall strive to resolve any dispute arising out of this Agreement or the performance hereof through friendly negotiation. If no agreement is reached through negotiation, either party may file a lawsuit with the competent people's court in the place where Designlibro is located.

11.4 This Agreement constitutes the entire agreement between the parties with respect to the matters agreed herein and other relevant matters. Nothing in this Agreement grants either party any rights other than those set forth herein.

11.5 If any provision of this Agreement becomes invalid or unenforceable in whole or in part for any reason whatsoever, the other provisions hereof shall remain in full force and effect.