Terms of Service

1. The Cloud Service
(a) The Cloud Service. The Cloud Service provides storage, retrieval, management, and access features and functionality for your photos, videos, and other files (“Your Files”). By using the Cloud Service, you are directing us to store, manage, and provide access to Your Files on your behalf.

(b) Using Your Files with the Cloud Service. You may use the Cloud Service only to store, retrieve, manage, and access Your Files for personal, non-commercial purposes using the features and functionality we make available. You may not use the Cloud Service to store, transfer or distribute the content of or on behalf of third parties, to operate your own file storage application or service, to operate a photography business or other commercial service, or to resell any part of the Cloud Service. You are solely responsible for Your Files and for complying with all applicable copyright and other laws, including import and export control laws and regulations, and with the terms of any licenses or agreements to which you are bound. You must ensure that Your Files are free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.

(c) Sharing Your Files. The Cloud Service may provide features that allow you to share Your Files with others. You may only share Your Files in which you have all necessary copyright and other rights. If you share a file, anyone with access to that file may view and download copies of the file. You are solely responsible for how you share Your Files and who may access The Files that you share. You may not share files (a) that contain defamatory, threatening, abusive, pornographic, or otherwise objectionable material, (b) that advocate bigotry, hatred, or illegal discrimination, or (c) if sharing those files violates any law, any intellectual property, publicity, privacy, or other rights of others, or any license or other agreement by which you are bound.

(d) Third-Party Services. The Cloud Service may allow you to give third-party websites, apps, and services (“Third Party Services”) access to Your Files, including the ability to make copies of Your Files, modify or delete Your Files, or create new files on your behalf. The use and storage of Your Files by Third Party Services will be governed by their privacy policies and terms. Amaryllo has no responsibility or liability with respect to your use of Third Party Services or the content, functionality, or acts of Third Party Services you use.

2. Service Plans
(a) Service Plans; Trial Plans. The Cloud Service offers plans with different limits and fees (each a “Service Plan”). We may offer trial or promotional Service Plans (“Trial Plans”). Some Trial Plans automatically convert to a paid Service Plan at their regular price at the end of the trial or promotional period unless you choose not to upgrade. If you sign up for a Trial Plan that automatically upgrades, we will charge your credit card at the end of the Trial Plan unless you choose to cancel. Trial Plans may be subject to additional terms.

(b) Fees. The price stated for each Service Plan does not include any taxes that we may charge. Payment is non-refundable, even if you stop using the Cloud Service.

(c) Changing Your Service Plan. If you upgrade your Service Plan, the upgrade will take effect immediately, we will charge you the applicable fee, and your Service Plan term may be extended, as described at the time you upgrade. If you downgrade your Service Plan, unless otherwise specified, the downgrade will take effect at the end of the term of your existing Service Plan. If you no longer have a Service Plan or exceed your Service Plan's storage limit, including by downgrading or not renewing your Service Plan or no longer qualifying for an Additional Benefit (as defined below), we may delete or restrict access to Your Files.

(d) Automatic Renewal. UNLESS YOU NOTIFY US BEFORE RENEWAL THAT YOU WANT TO CANCEL, YOUR PAID SERVICE PLAN WILL AUTOMATICALLY RENEW AT THE END OF ITS TERM, AND YOU AUTHORIZE US (WITHOUT NOTICE) TO COLLECT THE THEN-APPLICABLE FEE AND ANY TAXES FOR THE RENEWAL PLAN, USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU. Once a subscriber’s Service is activated (after any applicable promotion “free” period and any applicable practice period), Amaryllo will bill the subscriber’s payment method of choice the monthly fee for said Service for the coming month. Service Plan fees and features may change over time. Your renewal plan will be the one we choose as being closest to your Service Plan. You must use a credit card to pay for a Service Plan. Do not sign up for a Service Plan with a debit card. Also known as a “check” or “ATM” card, a debit card typically has the word “debit” printed on the face of the card.

(e) Additional Service Benefits. We may offer additional Service benefits, such as incremental storage capacity or free storage of certain file types, including in connection with other products and services (“Additional Benefits”). Additional Benefits are separate from any Service Plan and are subject to any additional terms and conditions provided with the Additional Benefits or the applicable product or service.

3. Use of the Service
(a) Use of Your Amaryllo Account. You may only use your Service Plan in connection with one Amaryllo account. You may not share your account login information (including account username and password) with others or use anyone else's Amaryllo account login information (including username and password). You are responsible for maintaining appropriate security and protection of Your Files.

(b) Usage Restrictions and Limits. The Cloud Service is offered in the Target Country as listed in Amaryllo's Terms and Conditions of Sale. We may restrict access from other locations. There may be limits on the types of content you can store and share using the Cloud Service, such as file types we don’t support, and on the number or type of devices, you can use to access the Cloud Service. We may impose other restrictions on the use of the Cloud Service.

(c) Our Use of Your Files to Provide the Cloud Service. We may use, access, and retain Your Files in order to provide the Cloud Service to you and enforce the terms of the Agreement, and you give us all permissions we need to do so. These permissions include, for example, the rights to copy Your Files for backup purposes, modify Your Files to enable access in different formats, use information about Your Files to organize them on your behalf and access Your Files to provide technical support. Amaryllo respects your privacy and Your Files are subject to Amaryllo's Privacy Policy.

4. Software
(a) Use of the Software. We may make available to you software for your use in connection with the Cloud Service (the “Software”). Your use of the Software is subject to Amaryllo's Terms of Service.

(b) Information Provided to Amaryllo. The Cloud Service and the Software may provide Amaryllo with information relating to your use and the performance of the Cloud Service and the Software, as well as information regarding the devices on which you download and use the Cloud Service and the Software. For example, this information may include the device type, mobile network connectivity, location of the device, information about when the Software is launched, individual session lengths for use of the Cloud Service, content used through the Cloud Service, or occurrences of technical errors. Any information we receive is subject to Amaryllo's Privacy Policy.

5. Changes; Suspension and Termination
(a) Changes. We may change, suspend or discontinue the Cloud Service, or any part of it, at any time without notice. If we discontinue the Cloud Service, we will give you a prorated refund of any fees paid for your Service Plan based on the number of full months remaining in your Service Plan. You agree that you will not be entitled to any refund or rebate and we will not be held liable for any suspensions of the Cloud Service for security reasons, system failure, maintenance and repair, or other circumstances.

(b) Suspension and Termination. Your rights under the Agreement will automatically terminate without notice if you fail to comply with its terms. We may terminate the Agreement or restrict, suspend, or terminate your use of the Cloud Service at our discretion without notice at any time, including if we determine that your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of the Cloud Service or harms our interests or those of another user of the Cloud Service. If your Service Plan is restricted, suspended, or terminated, you may be unable to access Your Files and you will not receive any refund of fees or any other compensation.

6. General
(a) No Waiver. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.

(b) Amendment. We may amend the Agreement at our sole discretion by posting the revised terms in the Cloud Service or on www.amaryllo.eu or www.amaryllo.us, but any increase in fees will not affect the cost of your Service Plan during its term. Your continued use of the Cloud Service or the Software after any amendment evidences your agreement to be bound by it.

(c) Contact Information. For communications concerning the Agreement, please write to Amaryllo, Attn: Legal Department, Nieuwezijds Voorburgwal 104-108, 1012 SG Amsterdam, the Netherlands.

(d) Disputes/Binding Arbitration. Any dispute or claim arising from or relating to the Agreement or the Cloud Service is subject to binding arbitration, governing law, warranty disclaimers and limitation of liability and all other terms in Amaryllo's Terms of Service. You agree to those terms by entering into the Agreement or using the Cloud Service.

(e) Limitations of Liability. Without limiting the warranty disclaimers and limitation of liability in Amaryllo's Terms of Service: (a) in no event will our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Software exceed the amount of fifty U.S. dollars (US$50.00); (b) in no event will our total liability to you for all damages arising from your use of or inability to use the Cloud Service or information, materials or products included on or otherwise made available to you through the Cloud Service (excluding the Software), exceed the amount you paid for the Cloud Service related to your claim for damages; and (c) we have no liability for any loss, damage or misappropriation of Your Files under any circumstances or for any consequences related to changes, restrictions, suspensions or termination of the Cloud Service or the Agreement. We disclaim all liabilities of any kind of our licensors and suppliers. These limitations will apply to you even if the remedies fail at their essential purpose.

1. License
Subject to your compliance with the terms of this ULA and your payment of any applicable fees, Amaryllo grants to you a limited, non-transferable, and non-exclusive license (without the right to sublicense) to execute one (1) copy of the Product Software, in executable object code form only, solely on the Product that you own or control and solely for use in conjunction with the Product for your personal, non-commercial purposes.

2. Restrictions
You agree not to, and you will not permit others to, (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Product Software or make the Product Software available to any third party, (b) copy or use the Product Software for any purpose other than as permitted in Section 1, (c) use any portion of the Product Software on any device or computer other than the Product that you own or control, (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product Software, or (e) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Product Software (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact Amaryllo and provide Amaryllo an opportunity to create such changes as are needed for interoperability purposes). You may not release the results of any performance or functional evaluation of any of the Product Software to any third party without the prior written approval of Amaryllo for each such release.

3. Automatic Software Updates
Amaryllo may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Product Software and related services (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to stop using the Product. If you do not cease using the Product, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Product and the Product Software and you agree to promptly install any Updates Amaryllo provides. Your continued use of the Product is your agreement to this ULA.

4. Ownership
The Product Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Amaryllo and its licensors. Amaryllo and its licensors reserve all rights in and to the Product Software not expressly granted to you in this ULA. The Product Software (and all copies thereof) is licensed to you, not sold, under this ULA. There are no implied licenses in this ULA. All suggestions or feedback provided by you to Amaryllo with respect to the Product Software shall be Amaryllo's property. Amaryllo may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Amaryllo does not waive any rights to use similar or related ideas previously known to Amaryllo, developed by its employees, or obtained from other sources.

5. Open Source
Certain items of software included with the Product Software are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this ULA. Instead, each item of Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in this ULA limits your rights under or grants you rights that supersede, the terms and conditions of any applicable end-user license for the Open Source Software.

6. Term and Termination
This ULA and the license granted hereunder are effective on the date you first use the Product Software or Product and shall continue for as long as you own the Product, unless this ULA is terminated under this section. Amaryllo may terminate this ULA at any time if you fail to comply with any term(s) hereof. You may terminate this ULA effective immediately upon written notice to Amaryllo. Upon termination of this ULA, the license granted hereunder will terminate and you must stop all use of the Product Software, but the terms of Sections 2 through 18 (inclusive) will remain in effect, after any such termination.

7. Warranty Disclaimer
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMARYLLO PROVIDES THE PRODUCT SOFTWARE “AS IS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. AMARYLLO DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT SOFTWARE. AMARYLLO MAKES NO WARRANTY THAT THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.

YOU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), THE PRODUCT SOFTWARE, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND AMARYLLO DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY,LIGHTING SYSTEM, HOME, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCT SOFTWARE, OR PRODUCT.

8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) AMARYLLO BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS OR BENEFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR PRODUCT SOFTWARE, EVEN IF AMARYLLO KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) AMARYLLO’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND PRODUCT SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO AMARYLLO OR AMARYLLO’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. AMARYLLO DISCLAIMS ALL LIABILITY OF ANY KIND OF AMARYLLO’S LICENSORS AND SUPPLIERS.

9. Limitations of Product Software
You acknowledge that the Products and Product Software are not certified for emergency response. YOU UNDERSTAND THAT THE PRODUCTS AND PRODUCT SOFTWARE ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM– AMARYLLO DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. In addition, the Amaryllo customer support contacts cannot be considered a lifesaving solution for people at risk in the home, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services or appropriate authorities.

The Product Software provides you with information (“Product Information”) regarding the Products in your home and their connection with other products and services. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing Product Information through the Product Software is not a substitute for direct access of the information in the home.

10. Confidentiality
“Confidential Information” shall mean the Product Software and all other information disclosed to you that Amaryllo characterizes as confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least three (3) years after termination of this ULA, provided, however, that any source code you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation, or other third parties without the prior written consent of Amaryllo. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify Amaryllo in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this ULA, and will cooperate with Amaryllo in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will (i) immediately notify Amaryllo prior to such disclosure to allow Amaryllo an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with Amaryllo in protecting against any such disclosure and/or obtaining a protective order to narrow the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.

11. Consent to Recording. Certain federal and state laws prohibit unlawful video recording and the interception and recording of telephone calls and other oral communications by electronic means. If your System is capable of recording audio and video footage, it is your responsibility to comply with applicable laws and regulations by not installing your System in an area where data subjects may have an expectation of privacy (bedrooms, restrooms, dressing or changing areas, locker rooms or similar areas) and by notifying potential data subjects that they are entering a secure location where they may be monitored and recorded by your System. By enabling your System to record audio and video footage, you consent for yourself and any other person entering your Premises (collectively “Users”) that they are aware of your System and consent to be monitored and that your System recordings may be used by Amaryllo to provide Video-Related Services (hereafter defined) and for any reasonable quality assurance purposes. YOU SHALL NOT INTERCEPT OR RECORD ANY ORAL COMMUNICATION OF ANY PERSON WITHOUT HAVING SUCH PERSON'S PERMISSION TO DO SO. Please refer to the Amaryllo's Privacy Policy at http://www.amaryllo.us/privacy for important information regarding recording audio or video.

12. For Government End Users
The Product Software is a “commercial item,” and more specifically is “commercial computer software” and “commercial computer software documentation”. The Product Software is provided to government end users only as a commercial end item and with only those rights as are granted to all other customers pursuant to the terms and conditions herein.

13. Export Compliance
The Product Software and related technology are subject to applicable export or import control laws and regulations. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Product Software and related technology, as may be required. You will indemnify and hold Amaryllo harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs, and expenses (including attorney's fees) arising from or relating to any breach by you of your obligations under this section.

14. Governing Law; Venue
You agree that this ULA, and any claim, dispute, action, cause of action, issue, or request for relief relating to this ULA, will be governed by the laws of Hong Kong, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding relating to this ULA must be brought in a court located in Hong Kong and each party irrevocably submits to the jurisdiction and venue of any such court in any such claim or dispute, except that Amaryllo may seek injunctive relief in any court having jurisdiction to protect its intellectual property or Confidential Information.

15. Assignment
Neither the rights nor the obligations arising under this ULA are assignable by you, and any such attempted assignment shall be void and without effect.

16. Notices
Any notice to you may be provided by email to the address that you registered with Amaryllo.

17. Severability
If any provision of this ULA is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

18. Waiver
All waivers by Amaryllo will be effective only if in writing. Any waiver or failure by Amaryllo to enforce any provision of this ULA on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

19. General
The Product Software is deemed irrevocably accepted upon your use of the Product Software or Product. Amaryllo will have no responsibility to provide maintenance or support services with respect to the Product Software. The parties are independent contractors. You acknowledge that the Product Software contains valuable trade secrets and proprietary information of Amaryllo, that any actual or threatened breach of Section 2 (Restrictions) of this ULA will constitute immediate, irreparable harm to Amaryllo for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. The headings of sections of this ULA are for convenience and are not to be used in interpreting this ULA. Amaryllo reserves the right to make changes to this ULA. Amaryllo will post notice of modifications to this ULA on this page. You should ensure that you have read and agree with Amaryllo's most recent ULA when you use the Product Software. Continued use of the Product Software following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised ULA. Questions or Additional Information. If you have questions regarding this ULA, please contact Amaryllo at support.ai@amaryllo.us.

1. Order process

1.1. Company will provide Partner with a dedicated credit card payment link (the “Credit Link”) so that Consumers may place purchases directly on the Partners’online stores. The company reserves the right to reject or accept Purchase Order within two (2) business days.

1.2. Partner forwards consumers’ shipping information to Company. Partner is responsible for entering correct Customer information. In the event of the Partner’s negligence resulting in delivery failure, fees or claims incurred by such event shall be borne by the Partner.

2. Ownership of the Products

Partner purchases Products from the Company via the Credit Link. The ownership of the Products will be transferred once Company accepts the Purchase Order and provides the tracking number of the Purchase order to the Partner. Partner will pay 85% of the Recommended Retail Price (“RRP”) to purchase Products from the Company via the Credit Link. Company will use the margin to help Partner pay for VAT (10% to 25%), import tax (0% to 20%), insurance, handling, shipping (10% to 15%), cost of Product (40%), etc. for Partner. Partner receives 15% net margin of the RRP (equivalent to 18% of the RRP without VAT)

3. Return policy

3.1. Company will ONLY accept the manufacturer's defective device request during the warranty period for return. Partner will contact Amaryllo to have Consumers send the Products to Amaryllo before transferring them to Amaryllo’s manufacturing partners. If Products are found to be the manufacturer’s fault, all expenses will be covered by Company’s contract manufacturers. If Products are found to have no issues or damage by Consumers, Consumers are responsible for all costs and repair fees.

3.2 In the event that Products are to be returned within thirty (30) days due to Consumers’ remorse, Products may be sold as used by Partner. It is the Partner’s responsibility to resell or to keep the Products as the ownership of the Products was transferred to the Partner at purchase. Upon signing our agreement, Company will register a discount credit card payment link for you. Partners must follow Company’s RRP as shown in Table 1. Failure to honor and follow Company’s pricing policy will result in the rejection of fulfilling Partners’ purchase orders. Upon termination of this Agreement or as requested by Company, Partner shall discontinue the use of any promotional material or otherwise and thereafter will not use, either directly or indirectly in connection with its business or any other names, titles or expressions so nearly resembling the same as would likely lead to confusion or uncertainty to the public.

Monitoring Service Monitoring service may be provided in connection with a device provided by Company or one or more third-party hardware providers. Monitoring service consists solely of monitoring service personnel (“Operator”) communicating electronically with first responders or calling by telephone the telephone numbers supplied by you in writing or electronically for the police, sheriff, fire, medical, ambulance, guard, patrol and response services, and other governmental, quasi-governmental, private or volunteer agencies, departments and organizations (collectively, “First Responders”) and persons identified by you as your emergency contacts (the “Call List”) within a reasonable period of time under the circumstances at the monitoring facility and the priority of the signals which are identified in writing (“Listed Codes”) or video images which, in the operator’s sole and absolute discretion, clearly and conspicuously reveal the necessity for monitoring services appear on the operator’s computer screen at the monitoring facility or when voice communication requesting assistance is received by an Operator from you or from the Premises (collectively, “Monitoring Services”). Monitoring service may also be provided when we relay information delivered to us via an automatic computer-initiated signal (i.e., an API call) when an alarm is triggered. No monitoring service shall be rendered for voice communication that does not request assistance or for video images that do not clearly and conspicuously reveal the necessity for monitoring service. In the event a signal is received at the monitoring facility which is not a listed code, you agree that Company’s sole duty and obligation is for the Company to log the signal (the “Unlisted Code Policy”). If the premises are located in a jurisdiction requiring a personal verified on-Service response (“Verified Response”) prior to dispatching a First Responder, it is your sole responsibility to engage a service to provide such Verified Response. All fees, costs, and expenses in connection with the verified response shall be borne by you only. Notwithstanding anything contained herein to the contrary, (a) upon receipt of a Listed Code or video images and prior to communicating electronically or by telephone to First Responders or the Call List, Company or Operator may, in its sole and absolute discretion and without any liability, attempt to telephone the premises or attempt to contact you through telephone, electronic mail, text message or other similar means of communication at numbers or addresses provided by you or dealer in writing, as frequently as Company or Operator deems appropriate to verify the necessity to report the receipt of a Listed Code or video images to First Responders or the Call List, and (b) upon the receipt of an abort code or oral or electronic advice to disregard the receipt of a listed code or video images from you or any of your personal contacts on the Call List, all of whom have your authority and consent to direct Company or Operator to disregard receipt of a Listed Code, Company or Operator may, in its sole and absolute discretion and without any liability, refrain from contacting First Responders or the Call List or advise anyone previously notified of a Listed Code or video images of receipt of an abort code or oral or electronic advice to disregard the receipt of the listed code or video images. The company’s or Operator’s efforts to notify first responders or the call list shall be satisfied by advice electronically or by telephone to any person answering the telephone at the telephone number(s) provided to the Company in writing or by leaving a message with a telephone answering service or any mechanical, electrical, electronic or other technology permitting the recordation of voice or data communications.

LIMITATION OF MONITORING AND NOTIFICATION SERVICE.

I. Intended Use and No Safety Warranty. The Services are intended to provide some assurance and comfort regarding non-time-sensitive information regarding your premises with installed Products. The Services should not be fully reliable by you or any third party, as such Services are subject to interruptions and failures for many reasons including but not limited to the stability of internet access and the signal of your mobile carrier. You acknowledge such limitations and the very nature of the Services, and agree that we, and our agents, employees, contractors, subsidiaries, dealers, affiliates, parents or partners are not responsible for any damage allegedly caused by the failure or delay of the Services. If you choose to subscribe to the professional call center monitoring service, you agree to be bound by all provisions.

II. No Life-Safety Service and Your Designated Contact. You further agree that the Products and/or Services are not certified for emergency response. Our customer support will only answer your questions regarding the Products and the Services during normal business hours but in no way play a role as lifesaving contact. It is your responsibility to designate one or multiple emergency contacts and to ensure that the appropriate event messages can be relayed to you and your designated contacts. Your designated contacts are authorized to act on your behalf. It is also your and your designated contact’s responsibility to determine the appropriate response to all events and you agree that, upon receiving a notification, you and your designated contact are entirely responsible for the response. Should such a response incur costs, you accept full liability for those costs. If you attempt to use our Products and Services for medical emergency notification, you agree that such use of the Services, regardless of any delay, involves uncertainty, risk and possible serious injury, disability or death, for which you will not attempt to hold us responsible or liable. You acknowledge that the Products may experience signal transmission failures or delays for any number of contributing factors, which makes the Services and resulting notification unpredictable. You acknowledge that the Products has not been designed or programmed pursuant to any laws, codes or rules that may be applicable to your particular premises, including but not limited to any provisions of the National Fire Protection Association or the International Residential Code.

III. Suspensions. Our Services may be suspended temporarily or for certain periods without notice in the case of denial of service, system failure, maintenance, repair, or other circumstances. No credit or refund will be provided for any period during which our Services are suspended or unavailable.

IV. Professional monitoring services are intended solely for properties that you own or legally occupy within the United States. You must provide the correct address for each Home Monitoring Product. If the address you provide is incorrect or outdated, the Monitoring Service Provider may not be able to dispatch emergency responders to the correct location, or they may be sent to the wrong address. In the event of multiple false emergency triggers, there is a possibility that the service may be suspended.

Proper Use of Software and Maintenance Thereof. You hereby agree that you have reviewed the information and instructions regarding the Service specified in 24/7 Professional Monitoring Service In-App Guide in full, and are completely knowledgeable of the setup, use, and troubleshooting in regard to Service. As such, you understand that the Service depends on your proper use of the in-app “Armed” and “Disarmed” camera modes in order to enable the Service, optimize the use of the Service, and minimize the number of false alerts. Furthermore, you acknowledge in full that the Service is either partially impacted or completely disabled upon you modifying your camera settings, in particular, manually stopping the recording of the video, changing video capture format of the alerts to snapshot or text, turning off in-app notifications (within Amaryllo app settings, non-inclusive of the general mobile device app settings), turning off audio and/or motion sensors, turning off any of the AI Recognition settings that are related to Service (Face, Human, Fire and Sound recognition), turning on privacy mode, using scheduler function, or using black out zones function. In addition, you acknowledge that the Service will have interruptions, either on our side or on our provider’s side, and you also understand the risks associated with the camera's SD card failure, which will result in Service interruption. You also agree to perform software updates in a timely manner as these updates are critical to Service stability.

Term and Termination. Unless specifically agreed otherwise when you order monitoring services, we will provide the services to you on a month-to-month basis, unless either party cancels the services through a company website or through any other mechanism provided by the Company. We may suspend monitoring services or terminate the portion of this Agreement pertaining to monitoring services at any time upon providing written notice to you (email sufficing) three (3) days before the suspension or termination date, or immediately in the event that we are unable to provide the monitoring service because of occurrences outside of our control. If your system becomes a “runaway” system or is excessively communicating with our monitoring station without apparent reason, you authorize and empowers us to, without limitation, do any one or more of the following: ignore all communications received from the system, disconnect the system, or render the system incapable of communicating locally or with our monitoring station by direct or remote programming the removal or deletion of data necessary to operate the system. The exercise of such rights shall not be deemed a waiver of our right to damages, and we shall have the right to enforce all other remedies or rights.

Transmission of Data, Video, or Voice. You acknowledge and agree that the system is a non-supervised reporting device. If the transmission medium for delivery of data, video images, or voice or other audio communications from your system to the monitoring facility is incompatible with the system or is inoperative, circumvented, compromised, or interrupted by natural or human causes including, without limitation, the cutting of the telephone line, radio transmission interference, power line surges or outages, internet or broadband problems, and internet or broadband provider problems, there is no indication of this fact at the monitoring facility. Further, you understand that, as applicable, and provided that you have affirmatively opted-in, (i) a video system enables the Company to view your premises (“Premises”), and (ii) a two-way voice system enables the Company to “listen-in” to your Premises. You authorize and consent to the Center viewing your Premises and the area outside of your Premises and listening in and release Company/Center and representatives for all claims, losses, damages, costs, and expenses due to the Center viewing your Premises and the area outside of your premises and listening-in to your premises.

Indemnification. If anyone other than you, including your insurance company, asks Company or representatives to pay for any loss, damage or expense (including, without limitation, economic losses, property damage, personal injury or death) due to (i) breach of contract or warranty, express or implied, (ii) active or passive sole, joint or several negligences of any kind or degree by Company or representatives, (iii) failure or malfunction of the system or the monitoring facility, (iv) recording of communications or video surveillance/recording, (v) product or strict liability, or (vi) a claim for subrogation, indemnification or contribution, you agree to pay (without any condition that Company or representatives first pay) for all losses, damages, costs and expenses including, without limitation, attorneys’ fees, which may be asserted against or incurred by Company or representatives.

Suspension of Service. Should there be a termination or suspension of the contract between the Company and its third-party subcontractor providing monitoring services, or upon termination or suspension of monitoring services for any other reason, or if the system excessively sends video images or signals to the Center’s monitoring facility, you unconditionally and irrevocably authorize Center to, without limitation, concurrently or consecutively, do any one or more of the following: ignore all video images and signals received from the system, disconnect the system, or render the system incapable of signaling locally or communicating with the monitoring facility by deletion or modification of data necessary to operate the system and Company’s obligations hereunder are waived automatically without notice to you. You agree that Company’s obligations hereunder are waived automatically without notice and you release Company for all loss, damage and expense in the event the monitoring facility, equipment, or facilities necessary to operate the system or monitoring facility are interrupted, circumvented, compromised, destroyed, damaged, inoperable or malfunction (collectively, an “Interruption”) for any reason whatsoever including, without limitation, Company’s sole, joint or several negligences, for the duration of such interruption of service. It is crucial that you provide an accurate and authentic address for our monitoring services. If the address provided is found to be incorrect or misleading, we reserve the right to suspend the service and review the situation. Amaryllo may require that you provide verification of the monitoried property address to reduce the risk of fraud and help ensure that emergency responders are dispatched to the correct address. If you are required to provide such verification, the service will be suspended until the verification process is complete.

False Alarms. In the event the system is activated for any reason whatsoever, you shall pay, without any right to be reimbursed by Company/Center, all fines, fees, costs, expenses and penalties assessed against you or Company/Center by any court or governmental agency. Amaryllo will also impose a false alarm fee if a user has three or more false alarms in a thirty (30) day period due to user error. The false alarm fee will begin at 1.99 USD per occurrence. This fee will be imposed if the user fails to verify any questionable human intrusion alerts and/or remedy any events triggering fire monitoring.

Right to Subcontract. Company may, in its sole and absolute discretion, subcontract for the provision of services under this Agreement. You agree that the provisions of this Agreement inure to the benefit of and are applicable to any subcontractors engaged by the Company to provide any monitoring service to you and bind you to said subcontractor with the same force and effect as they bind you to Company. You acknowledge and agree that Company has contracted with Noonlight, Inc. (“Noonlight”), furthermore, you acknowledge your agreement with terms specified on https://www.noonlight.com/terms, excluding sections 3 (Accounts and Registration) and 8 (Payment). Subcontractors that we engage to provide any services under this Agreement are independent contractors and are not partners, affiliates or joint ventures with Company. You hereby authorize the Company to act on your behalf to provide direction to any subcontractor engaged to provide the services to you.

Consent to Intercept, Record, Disclose, and Use Contents of Communications. You, for yourself and as the authorized agent of your family, guests, agents, servants, representatives, and employees (individually and collectively, “any person”), hereby consent to Company intercepting, recording, retrieving, reviewing, copying, disclosing and using the contents of all telephone, video, wire, oral, electronic, internet, broadband and other forms of transmission or communication to which Company and you or any person are parties.

Video Systems. If the system transmits video images, you shall (i) provide and maintain adequate power and lighting for all cameras or other video-related equipment; (ii) inform all persons on the premises that they may be monitored by video; (iii) not use or permit the use of video installed where any person may have a reasonable expectation of privacy; (iv) use broadband connectivity exclusively to transmit video images from the system; (v) use the video system for security surveillance and management services only; (vi) not use the video system for any criminal, illegal, or otherwise unlawful activity; and (vii) obtain and keep in effect all permits or licenses required for the installation and operation of the video system. You understand and agree that (i) a video system enables the Company to record, store, and review images of the interior of the premises and the area outside of the premises, and (ii) video with audio capability enables the Company to record, store and review oral communications from in and outside of the premises. You hereby agree, authorize and consent to the Company recording, storing, and reviewing video images and oral communications transmitted from the video system at the premises. monitoring service in connection with the receipt of video images at the Company’s monitoring facility consists solely of the operator communicating electronically or calling by telephone the proper authorities within a reasonable period of time under the circumstances at the monitoring facility (including, without limitation, the priority of all signals and video images received by the monitoring facility) after video images which, in the operator’s sole and absolute discretion, clearly and conspicuously reveal the necessity for monitoring service appear on the operator’s computer screen at the monitoring facility; provided, that the operator shall not be required to view the video images more than one time as the video images appear on the operator’s computer screen. Notwithstanding anything in the Agreement to the contrary, Company’s obligation to perform monitoring service in connection with any listed code received from any intrusion detection system at the premises is conditioned on (i) receipt of video images from the video system related to the listed code, and (ii) operator’s determination, pursuant to this section, of whether to communicate electronically or call by telephone first responders or the call list.

Push Notification. In the event you elect to receive notice of certain events, e.g., you acknowledge, understand, and agree that (i) any such notice is conditioned on (a) receipt of the data at the Company’s/Center’s central station, (b) the proper operation of communication equipment, services, systems and networks including, without limitation, the internet, and (c) any failure, malfunction or delay in processing or transmitting the data by Company’s equipment or software, and (ii) Company is hereby released from any liability arising out of or from, resulting from or in connection with the failure, malfunction or delay of any such notice for any reason, including Company’s or representative’s sole, joint or several negligence of any kind or degree.

Consent to Call Subscriber and Call List. You, for yourself and as the authorized agent of each person on your call list from time to time, consent to the Company calling each such person’s cell phone or other mobile device.

Limitation on Actions. No action, regardless of form or substance, arising out of this Agreement or the performance or nonperformance of any of the parties obligations hereunder may be brought more than one (1) year after a party knew or should have known of the occurrence of the event giving rise to such cause of action.

We Are Not an Insurer. You agree that: (i) we are not an insurer of you, other persons living in, or present at your premises, or your premises or its contents; (ii) it is your responsibility to obtain adequate insurance covering you, your premises and its contents, and other members of your household and other affected persons and property; (iii) our service fees are based on the deterrence and other value of the services we provide and our limited liability under this agreement, and not on the value of your premises or its contents, or the likelihood or potential extent or severity of injury (including death) to you or others; and (iv) your camera(s) and our services may not always operate as intended for various reasons, including our negligence or other faults. We cannot predict the potential amount, extent, or severity of any damages or injuries that you or others may incur which could be due to the failure of the camera(s) or services to work as intended. As such you agree that (a) the limits on our liability, waivers, and indemnities, set forth in this agreement are a fair allocation of risks and liabilities between you, us, and any affected third parties; (b) you will look exclusively to your insurer for financial protection from such risks and liabilities, and (c) you waive all rights and remedies against us, including subrogation, that you, any insurer, or other third parties may have due to any losses or injuries you or others incur.

By participating in Amaryllo’s Referral Program (“Referral Program”), you are subject to Amaryllo’s Terms of Service, Privacy Policy and Referral Program Terms and Services specified herein. All discounts and rewards offered in Amaryllo’s Referral Program will be in United States dollar. Any purchases made with any promo codes are final sale, unless deemed to be within the scope of the limited warranty provided by Amaryllo.

1. Definitions

In this Terms and conditions, the following definitions will be used:

Referrer - a person who refers and is eligible

Referred - a person who is referred by the referrer

Referral Coupon - the code given to the Referred by the Referrer that can be used to discount $20 off on Amaryllo camera purchases.

Reward Code - the code received by Referrer that can be used to discount $20 off on Amaryllo camera purchase.

2. Conditions for Earning
When a Referred completes the purchase of Amaryllo’s camera(s) on www.Amaryllo.us using the Referrer’s Referral Coupon, the Referred will receive an immediate $20 discount, and the Referrer becomes eligible to earn $20 off on the next camera purchase. The Referrer will be issued a Reward Code so they may accumulate $20 per referred camera purchase (unlimited). Terms of Services apply.

(a) Both the Referral Coupon and the Rewards Code are to be used only on camera purchases. Accessories not included.

(b) Should the Referrer return the purchase(s), the Referral Coupon associated with that purchase will become invalid. However, should the Referral Coupon be used by a Referred before the Referrer returns their purchase, we will still honor the Reward Code, and the Referrer has 1 year to use the Reward Code. If any of the products related to this offer are returned, your refund will equal the amount you paid for the product, subject to applicable refund policies. If you violate any of these terms, the offer will be invalid.

3.Claiming Your Reward
When a Referred buys Amaryllo cameras using your Referral Coupon, the Referrer will receive an email informing the Referrer someone had made a purchase using the Referral Coupon, and will be issued a Reward Code. We will inform the Referrer the total amount of reward they’ve accumulated each time someone uses their Referral Coupon. There’s no limit on how much reward the Referrer can earn. Please allow 5 business days after the Referred purchase to receive your rewards confirmation email.

(a) After 1 year since the Referral Coupon has been issued, it will become invalid whether it has been used or not. Or, after the Reward Code has been used by the referrer, the Referral Coupon associated with the referrer will become invalid as well.

(b) After 1 year since the Reward Code has been issued, or upon usage (1 time only), the code will become invalid.

4. Termination and Changes
Amaryllo may suspend or terminate the Referral Program or a user’s ability to participate in the Referral Program at any time for any reason. Amaryllo reserves the right to suspend Referral Coupons or Reward Codes if Amaryllo notices any activity Amaryllo believes is abusive, fraudulent, or in violation of the www.Amaryllo.us Terms of Service. Amaryllo reserves the right to review and investigate all referral activities and to suspend Referral Coupons/Reward Codes or modify referrals in our sole discretion as deemed fair and appropriate. You may email us at support.ai@amaryllo.us with any questions you may have regarding the Referral Program.

Amaryllo’s Total Protection Plan contract program is designed to save home and business owners money while providing them with a state-of-the-art security system that utilizes artificial intelligence and provides 24/7 professional monitoring services.* Requires a 24-month service contract starting at $29.99/month. Applicable taxes are extra. Upon early termination by the Customer, Amaryllo will charge the entire cost of the camera. Service and installation charges vary depending on the equipment and services selected. Prices subject to change and may vary by market.

1. PAYMENTS; TERM; CONSUMER REPORT. All charges are payable in advance. The initial term of this Contract is two (2) years. Amaryllo Protect services will begin when the equipment is installed, operational, and communicating with Amaryllo’s servers. This Contract will automatically renew for successive thirty (30)-day terms unless terminated by either party at least thirty (30) days before the end of the current term. If terminated, this Contract ends on the last day of the then-current term. You may terminate your service by emailing subscription.ai@amaryllo.us.

2. EARLY TERMINATION OF THIS CONTRACT. YOU AGREE THAT THE CHARGES DUE UNDER THIS CONTRACT ARE BASED ON YOUR AGREEMENT TO RECEIVE AND PAY FOR THE SERVICES FOR OVER THE PERIOD OF TWO (2) FULL YEARS AND THAT AMARYLLO HAS RELIED UPON YOUR AGREEMENT AND HAS INCURRED COSTS IN DECIDING TO ENTER INTO THIS CONTRACT. IF YOU CANCEL SERVICE OR OTHERWISE TERMINATE THIS CONTRACT DURING ITS INITIAL TERM, OR IF AMARYLLO CANCELS THIS CONTRACT DURING ITS INITIAL TERM FOR A REASON SET FORTH IN PARAGRAPH 11(B) BELOW, YOU WILL PAY AMARYLLO THE FULL COST OF THE CAMERAS. THIS AMOUNT IS A CONTRACT TERMINATION CHARGE AND IS NOT A PENALTY. THE AMOUNT IS PAYABLE IMMEDIATELY IN FULL. NO CONTRACT TERMINATION CHARGES ARE DUE IF YOU TERMINATE, OR IF AMARYLLO CANCELS, DURING THE THIRTY (30)-DAY RENEWAL PERIOD(S).

3. INCREASES IN CHARGES. Amaryllo has the right to increase the annual service charge at any time after the first year. If you object in writing to the increase within thirty (30) days of receiving notice of the increase, and if Amaryllo does not waive the increase, then you may terminate this Contract effective thirty (30) days after Amaryllo’s receipt of your written notice of termination. In this situation, you will not have to pay the contract termination charges described in Paragraph 2 above.

4. ADDITIONAL CHARGES AND OFFSET RIGHTS. You agree to pay all construction/alarm use permit fees; all directly or indirectly imposed false alarm fines, fees or charges; all telephone or signal transmission company charges; and all other assessments, fees and charges related to Amaryllo Protect. If Amaryllo owes you money when this Contract ends, Amaryllo has the right to deduct from any refund owed you (A) service charges for thirty (30) days, if you fail to give the required written termination notice set forth in Paragraph 1 above; (B) any contract termination charges that you may owe as set forth in Paragraph 2 above; and (C) any other additional charges, amounts or deposits that you owe Amaryllo. If the amount of the deduction equals or exceeds the amount that Amaryllo owes you or if Amaryllo owes you a credit of five dollars ($5.00) or less, Amaryllo will not be obligated to refund any amounts to you.

5. LIMITATION OF LIABILITY.

A. INSURANCE; WAIVER OF SUBROGATION. YOU AGREE THAT AMARYLLO IS NOT AN INSURER AND THAT AMARYLLO IS NOT PROVIDING YOU WITH INSURANCE OF ANY TYPE. THE AMOUNTS YOU PAY AMARYLLO 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. INSTEAD, THE AMOUNTS AMARYLLO CHARGES YOU ARE BASED SOLELY UPON THE VALUE OF THE EQUIPMENT AND SERVICES AMARYLLO PROVIDES AND UPON THE LIMITED LIABILITY AMARYLLO ASSUMES UNDER THIS CONTRACT. 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 LOOK EXCLUSIVELY TO YOUR INSURER AND NOT TO AMARYLLO TO COMPENSATE YOURSELF OR ANYONE ELSE. YOU RELEASE AND WAIVE FOR YOURSELF AND YOUR INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST AMARYLLO ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE OR INJURY.

B. NO GUARANTEE; NO LIABILITY. AMARYLLO’S EQUIPMENT AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO DETECT OR AVERT, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, ROBBERIES AND MEDICAL PROBLEMS. OTHER THAN THE LIMITED WARRANTY AND/OR QUALITY SERVICE PLAN SET FORTH IN PARAGRAPHS 9 AND 10 BELOW, AMARYLLO MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE EQUIPMENT AND SERVICES PROVIDED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. AMARYLLO 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 AMARYLLO. YOU RELEASE, WAIVE, DISCHARGE AND PROMISE NOT TO SUE OR BRING ANY CLAIM OF ANY TYPE AGAINST AMARYLLO FOR LOSS, DAMAGE OR INJURY RELATING IN ANY WAY TO THE EQUIPMENT OR SERVICES PROVIDED BY AMARYLLO.

C. EXCLUSIVE REMEDY. IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE BY AMARYLLO TO PERFORM ANY OF ITS OBLIGATIONS. UNDER NO CIRCUMSTANCES WILL YOU ATTEMPT TO HOLD AMARYLLO LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY.

D. APPLICATION. THE PROVISIONS OF THIS PARAGRAPH 5 APPLY NO MATTER HOW THE LOSS, DAMAGE, INJURY OR OTHER CONSEQUENCE OCCURS, EVEN IF DUE TO THE PERFORMANCE OR NONPERFORMANCE BY AMARYLLO OF ITS OBLIGATIONS UNDER THIS CONTRACT OR FROM NEGLIGENCE (ACTIVE OR OTHERWISE), STRICT LIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED FAULT ON THE PART OF AMARYLLO, ITS AGENTS OR ITS EMPLOYEES.

E. INDEMNITY. IF ANY OTHER PERSON, INCLUDING MY SUBROGATING INSURER, MAKES ANY CLAIM OR FILES ANY LAWSUIT AGAINST AMARYLLO IN ANY WAY RELATED TO THE CAMERAS OR SERVICES PROVIDED BY AMARYLLO TO ME, I AGREE TO INDEMNIFY, DEFEND AND HOLD AMARYLLO HARMLESS FROM ANY AND ALL SUCH CLAIMS AND LAWSUITS, INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND ATTORNEYS’ FEES. MY DUTY TO DEFEND IS SEPARATE AND DISTINCT FROM MY DUTY TO INDEMNIFY AND HOLD HARMLESS AND ARISES UPON THE ASSERTION OF A CLAIM OR DEMAND AGAINST AMARYLLO AND REGARDLESS WHETHER AMARYLLO HAS BEEN FOUND LIABLE OR WHETHER AMARYLLO HAS INCURRED ANY EXPENSE.

F. TIME TO BRING CLAIM OR SUIT. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST AMARYLLO MORE THAN ONE (1) YEAR AFTER THE DATE OF THE INCIDENT THAT RESULTED IN THE LOSS, INJURY OR DAMAGE, OR THE SHORTEST DURATION PERMITTED UNDER APPLICABLE LAW IF GREATER THAN ONE (1) YEAR.

G. BENEFIT TO OTHERS. THE PROVISIONS OF THIS PARAGRAPH 5 SHALL APPLY TO AND BENEFIT AMARYLLO AND ITS AGENTS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES, DEALERS, AFFILIATES, PARENTS (BOTH DIRECT AND INDIRECT), AFFINITY MARKETERS AND OTHER PARTNERS.

6. OTHER PARTY’S LIMITATION. IF YOU PURCHASED EQUIPMENT OR SERVICES FROM AMARYLLO THROUGH ANOTHER BUSINESS OR PERSON, OR FROM AMARYLLO THROUGH A REFERRAL FROM ANOTHER BUSINESS OR PERSON, YOU AGREE THAT SUCH OTHER BUSINESS OR PERSON ACTS SOLELY AS AN INDEPENDENT CONTRACTOR AND HAS NO RESPONSIBILITY OR LIABILITY TO YOU FOR THE PERFORMANCE OR NONPERFORMANCE OF THE EQUIPMENT OR SERVICES PROVIDED BY AMARYLLO. YOU ALSO AGREE THAT ANY SUCH BUSINESS OR PERSON IS ENTITLED TO THE SAME RIGHTS AS AMARYLLO UNDER THIS CONTRACT, INCLUDING PARAGRAPH 5.

7. OWNERSHIP. The ownership of Amaryllo cameras and other equipment provided to you under this agreement will transfer to you upon the completion of the initial term specified in section 1.

8. ALARM MONITORING AND NOTIFICATION SERVICE. If you purchase a service that includes a response by police, fire department, guard, or medical emergency notification and such an alarm is received by Amaryllo’s monitoring partners, the operators may, at its sole discretion, attempt to contact you and/ or anyone on your Emergency Contact List to confirm that the alarm is not false. If the operator does not contact you and/or someone on your Emergency Contact List, or if the operator questions the response it receives upon such contact, then (A) the operator will attempt to notify the appropriate police department or fire department or, (B) disregard the alarm if unable to confirm by either video or with the user. If Amaryllo provides supervisory alarm or trouble alarm monitoring services (or if such services are actively programmed into the alarm system) and Amaryllo’s monitoring partner(s) receives an alarm, then they may attempt to notify your premises and/or the representative you designate. Amaryllo may use an automated calling device to deliver such notifications. If medical emergency notification services are provided, you agree that the very nature of such services, regardless of any delay, involves uncertainty, risk, and possible serious injury, disability, or death, for which you will not attempt to hold Amaryllo responsible or liable and that the actual time required for medical emergency providers to arrive at your premises and/or to transport any person requiring medical attention is unpredictable with many contributing factors, including telephone network operation, distance, weather, road and traffic conditions, alarm equipment function and human factors both within and outside of Amaryllo’s control. The person(s) identified on your Emergency Contact List are authorized to act on your behalf. You understand that the equipment Amaryllo provides may not operate with a third party’s alarm monitoring equipment and may prevent youfrom using such equipment in the event you terminate your services. You understand that local laws, ordinances, or policies may restrict Amaryllo’s ability to provide the alarm monitoring and notification services described in this Contract and/or necessitate modified or additional services with additional charges to you. You understand that Amaryllo employs a number of industry-recognized measures to help reduce occurrences of false alarms. You understand that, upon receiving notification that an alarm signal has been received by Amaryllo, the police department, fire department or other responding authority may forcibly enter your premises. You understand that Amaryllo will never arrest or detain any person for any reason. You agree that the equipment installed by Amaryllo, including any outdoor camera, is not to be used to monitor activity in or near any swimming pool or other body of water and that you alone are responsible for supervising the well-being of any person in or near any swimming pools or other bodies of water on the premises.

9. FAILURE TO PAY CHARGES OR HONOR CONTRACT. If you fail to make any payment when due or to honor any other term or condition of this Contract, Amaryllo may stop providing the alarm monitoring and notification services, and bill you for the original price of the cameras and other equipment that Amaryllo provided you with under this agreement. Amaryllo has no liability if it stops providing alarm monitoring and notification services. In addition to these remedies, Amaryllo does not waive, and retains the right to exercise, any other legal remedy, including the right to charge you a late fee for each month that a payment is not received and/or interest on the unpaid amount and the right to report you to one or more consumer reporting agencies if you become delinquent on your account (more than 90 days without a payment).

10. ALARM SYSTEM COMMUNICATION. You authorize Amaryllo to request service(s) from a third-party monitoring provider to transmit signals between your camera and Amaryllo’s servers. Amaryllo will not receive alarm signals when the communication mode is not operating or has been cut, interfered with, or is otherwise damaged, or if the camera is unable to acquire, transmit or maintain an alarm signal over your communication mode for any reason. If Amaryllo determines in its sole discretion that your communication mode is or later becomes non-compatible, or if you change to another communication mode that is not compatible, then Amaryllo requires that you use an alternate mode of communication acceptable to Amaryllo as the method to connect the alarm system to Amaryllo’s servers.

11. CANCELLATION. A. Amaryllo may, at any time, cancel this Contract at its option if: (1) Amaryllo’s servers are destroyed or damaged so that it is impractical for Amaryllo to continue service; (2) Amaryllo cannot acquire or retain the transmission connections or authorization to transmit signals between your premises and its servers or the applicable fire or police department or other agency; (3) You fail to follow Amaryllo’s recommendations to repair or replace any defective parts of the system not covered under the Limited Warranty or, if purchased; or (4) You fail to follow Amaryllo’s operating instructions for the alarm system. If Amaryllo cancels for any of the reasons stated immediately above, Amaryllo will refund any advance payments made for services to be supplied after the date of such termination, less any amounts still due for services already rendered and for any other charges due. Additionally, Amaryllo will not assess contract termination charges, if any, as described in Paragraph 2 above. B. Amaryllo may cancel this Contract upon written notice to you if: (1) You fail to make a payment when it is due under this Contract, (2) You change to a telephone/ communications service not suitable for alarm signal transmission or (3) You fail to comply with any other term or condition of this Contract. Upon receipt of written notice from Amaryllo, you will have ten (10) days to correct the deficiency. If you do not correct the deficiency in a timely manner, and Amaryllo does cancel this Contract, Amaryllo may assess contract termination charges, if any, as described in Paragraph 2 above.

12. ASSIGNMENT. You may not assign this Contract without prior written consent from Amaryllo. Amaryllo does have the right to assign this Contract or to subcontract any of its obligations under this Contract without your approval and without notice to you.

13. DELAYS. AMARYLLO HAS NO RESPONSIBILITY OR LIABILITY FOR INTERRUPTIONS OF SERVICE OR ANY RESULTING CONSEQUENCES, WHETHER DUE TO STRIKE, RIOT, FLOOD, FIRE, TERRORISM, ACT OF GOD OR ANY OTHER CAUSE WITHIN OR BEYOND AMARYLLO’S CONTROL. IF THERE ARE SERVICE INTERRUPTIONS, AMARYLLO HAS NO OBLIGATION TO SUPPLY YOU WITH SUBSTITUTE SERVICES.

14. ELECTRONIC MEDIA; PERSONAL INFORMATION. The personal information about you and of third parties that you provided to Amaryllo is true and complete. You will notify Amaryllo without delay of any change to this information. You consent to Amaryllo’s use of your personal information and that of third parties provided by you for the purpose of monitoring, setting up, and administering your security services (including credit approval, invoicing, collecting, and providing information on new equipment or services). You have obtained the consent of the third parties, whose personal information you provided to Amaryllo, to use such personal information for the administration of your account with Amaryllo and as provided in this Contract. Amaryllo may collect (including your consent to record your telephone conversations with Amaryllo’s representatives), use, disclose and transfer your personal information, and that of third parties provided by me, to Amaryllo’s parents, affiliates, subsidiaries, and successor corporations, any subcontractor or assignee of this Contract or any applicable authority having jurisdiction that requests such information to administer alarm monitoring services or alarm system license, permit or similar programs.

15. PRIVACY POLICY. Amaryllo maintains an online privacy policy at https://www.amaryllo.us/privacy-policy that is applicable to the terms, conditions, and obligations of the parties to this Contract.

16. ENTIRE AGREEMENT. THIS CONTRACT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. YOU ARE NOT RELYING ON AMARYLLO’S ADVICE OR ADVERTISEMENTS. AMARYLLO IS NOT BOUND BY ANY REPRESENTATION, PROMISE, CONDITION, INDUCEMENT, OR WARRANTY, EXPRESS OR IMPLIED, THAT IS NOT INCLUDED IN THIS CONTRACT. THE TERMS AND CONDITIONS OF THIS CONTRACT APPLY AS PRINTED, WITHOUT ALTERATION OR QUALIFICATION, UNLESS A CHANGE IS APPROVED IN WRITING BY AN AMARYLLO AUTHORIZED REPRESENTATIVE. THE TERMS AND CONDITIONS OF THIS CONTRACT SHALL CONTROL AND GOVERN EVEN IF THERE ARE OTHER DOCUMENTS WITH INCONSISTENT OR ADDITIONAL TERMS AND CONDITIONS. IF A COURT DETERMINES THAT ANY PROVISION OF THIS CONTRACT IS INVALID OR UNENFORCEABLE, THAT PROVISION SHALL BE DEEMED AMENDED AND ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW. EACH AND EVERY OTHER PROVISION OF THIS CONTRACT SHALL CONTINUE TO BE VALID AND ENFORCEABLE.

*Selected countries only.