HEROSPEED tos

“HEROSPEED Cloud” Service Agreement


Revision date：2019-01-08



I. Instruction rules
II. HEROSPEED Service
III. Registration
IV. Your Rights and Obligations
V. Privacy Policy
VI. Intellectual Property Rights and Trademark Ownership
VII. Disclaimer
VIII. Service Interrupt and Termination
IX. Others

I. Instruction rules
HEROSPEED Technology Co., Ltd. (hereinafter referred to as “HEROSPEED Technology”) hereby reminds you to carefully read and fully understand this “HEROSPEED Cloud” Service Agreement (hereinafter referred to as the “Agreement”). HEROSPEED Technology Co., Ltd. (hereinafter referred to as “HEROSPEED Technology”) hereby reminds you to carefully read and fully understand this “HEROSPEED Cloud” Service Agreement (hereinafter referred to as the “Agreement”).

HEROSPEED Cloud is a network platform on which HEROSPEED Technology provides video viewing and remote display for all users of HEROSPEED Cloud service (including but not limited to individuals and organizations). The platform itself does not directly produce any content. After registration, you can connect your surveillance and control equipment to this platform and view real-time videos or historical videos on the equipment or directly log on the equipment. You can, based on your needs, add or delete the equipment connected and choose whether to subscribe video cloud storage service.

This Agreement is a valid contract on the registration and use of HEROSPEED Cloud service (hereinafter referred to as “the service”) between you and HEROSPEED Technology. You should carefully read through and fully understand the terms of this Agreement, especially those exempting or limiting HEROSPEED Technology’s liabilities and limiting your rights. Please carefully read and decide whether to accept this Agreement or not. If you cannot accept all the terms herein, please do not register or use the service. Your registration, login and use of the service will be deemed as acceptance of this Agreement and being subject to terms of this Agreement.

HEROSPEED Technology shall have the right to update this Agreement at any time. Once published, updated terms shall replace the original terms of this Agreement without further notice. You can view the latest version of the Agreement at http://www.freeip.com and other websites. If you do not agree to the modified terms, you may give up the use of the service. However, if you continue to use the service after modifications, it shall be deemed that you have accepted the modified Agreement.


II. HEROSPEED Service
HEROSPEED Service refers to all kinds of services provided by HEROSPEED Technology through HEROSPEED Cloud on platforms including but not limited to FreeIP product website and app software, including software’s function services and cloud service. HEROSPEED Cloud service is a service platform integrating data storage, management, etc. provided by HEROSPEED Technology to users. The platform itself does not produce any content. To use the service, you need to prepare your own network equipment, including but not limited to smart phone, tablet, computer and other necessary surfing tools. During this process, data or other Internet charges may incur.


III. Registration
You should have independent capacity for civil conduct when using HEROSPEED Cloud service. If you are under 16, you need to get your guardian’s consent or be accompanied by your guardian when using it. Otherwise, you cannot register or use HEROSPEED Cloud account.

If you register to use HEROSPEED Cloud, you need to register with a real email address. HEROSPEED Technology owns the right of interpretation of HEROSPEED Cloud account. After registration, you only get the right to use HEROSPEED Cloud account and shall not give, lend, rent or sell the account, or allow others to use the account in other ways. Registration information of HEROSPEED Cloud includes but is not limited to email, your real name, nickname, photo, password or all the information you enter. Please ensure that your inputs comply with the following rules:

They do not contain any information that violates local laws or is harmful to national interest and national integrity.

They abide by all network protocols, regulations and procedures related to website services.

They do not contain information that incites national hatred, ethnic discrimination or undermines national unity.

They do not contain any information or view that undermines China’s religious policy and promotes heresy or feudal superstition.

They do not spread rumors or contain information that disturbs social order or undermines social stability.

The service shall not be used for any illegal purpose.

The service system shall not be used for anything that may adversely affect the normal operation of the Internet.

They do not contain other contents prohibited by laws or administrative regulations.

If any illegal use of your account or security breach of account is found, please notify HEROSPEED Technology immediately.


IV. Your Rights and Obligations
4.1 You can register to use HEROSPEED Cloud service provided by HEROSPEED Technology through FreeIP, app or other client software. When applying for the service, you must provide HEROSPEED Technology with accurate personal or company information (including but not limited to username, password, email, mobile phone number, etc.). Username and password are set by you. After successful application, you can log on it for use.

4.2 Information provided by you shall be true and accurate. If you cannot use the service due to mistakes in the information and other reasons, HEROSPEED Technology shall not assume any responsibility. You shall maintain and update registration information as required to keep it up-to-date, complete and accurate at all times.

4.3 You shall keep the account and password. The password submitted to HEROSPEED Technology server is irreversibly encrypted and you shall be liable for all activities and events carried out with your accounts. If an employee or any third party uses your account and password to log on the website, and the account and password are confirmed to be accurate, you agree and HEROSPEED Technology has the right to regard the behavior as fully authorized by you, and results of this behavior directly belongs to you.

4.4 If your account and password are illegally used by others due to your own reasons, HEROSPEED Technology shall not assume any responsibility. The reasons herein include but are not limited to: disclosure of account, password and other registration information to any third party; share of the same account with other people; installation of illegal or unknown programs, etc.

4.5 If HEROSPEED Technology finds that the account user is not the account registrant, it shall be entitled to temporarily freeze the account without prior notice to the registrant. HEROSPEED Technology does not need to bear legal responsibility to the account registrant and user for freezing the account. Users shall bear the consequences of frozen account, no access to information and video data loss caused thereby. If you find that others illegally use your accounts to log on and use the service, you can immediately notify HEROSPEED Technology for account freeze and other operations.

4.6 If you lose or forget password, you can apply to retrieve it through the registered username and email. The password retrieval mechanism of HEROSPEED Technology cannot identify whether the e-mail user is the real account user, and HEROSPEED Technology shall not bear any responsibility for any loss caused by retrieving the account and password of someone who assumes the user’s name. You understand that you are responsible to keep the password. HEROSPEED Technology does not guarantee that you can successfully retrieve the password through registered username and email after losing or forgetting the password.

4.7 You shall register your accounts at http://www.freeip.com for the purpose of using the service provided by the website or the corresponding app rather than for other purposes. The provision of this website service requires the combination of HEROSPEED Technology’s terminal equipment such as IP camera, hard disk VCR, IP recorder, fish-eye camera and other alarm equipment.


V. Privacy Policy
User privacy protection is a basic policy of HEROSPEED Technology. Its products will abide by the privacy policy published on the website and products or other software. HEROSPEED Technology shall collect, store, use, disclose and protect your personal information. Please read the privacy policy (see Privacy Policy of HEROSPEED Technology for details) in full to help you better protect your personal information.

If you are in the EU, you have the rights to confirm the personal information involved, subject to applicable laws, such as access right, restriction right, objection right, forgotten right and data portability right. If you need to exercise the foregoing rights or have any doubt about HEROSPEED Technology’s use of your personal information, you can contact HEROSPEED Technology at http://www.herospeed.net and will not be charged for exercising these rights. When you use HEROSPEED Technology’s products, this may involve personal data under the jurisdiction of EU’s General Data Protection Regulation (GDPR). HEROSPEED Technology reminds you to pay attention to and comply with relevant laws and regulations in a timely manner.


VI. Intellectual Property Rights and Trademark Ownership
6.1 All the contents in the service, including but not limited to information or materials such as words/pictures uploaded by users, architectures, sounds, videos, software, interface design, icons, etc. belong to HEROSPEED Technology or legal owners that authorize HEROSPEED Technology to use them, which are under the protection of the copyright law, trademark law, and/or other related laws and regulations. Except for the limited use of HEROSPEED Cloud service or explicit permission in this Agreement, you shall not use, copy, modify, rent, lease, sell, publicly spread, issue or publish any such information or material without the written consent of relevant right holders, or convert the software’s target code through reverse engineering or otherwise or attempt to convert the source code.

6.2 All desktop icons and logos of HEROSPEED Cloud software shall not be copied, transmitted or used without written authorization of HEROSPEED Technology.

6.3 If you violate provisions of this article, HEROSPEED Technology shall have the right to immediately terminate the provision of products and services to you, pursue your legal liabilities according to the law and claim compensation for all losses of HEROSPEED Technology.


VII. Disclaimer
7.1 You expressly agree that you shall be solely liable for the risks and consequences arising out of your use of the service, and HEROSPEED Technology shall not bear any liability to you. In view of the particularity of network services, HEROSPEED Technology has the right to, according to laws, regulations and the nature of your behavior, take measures, including but not limited to interrupt services, restrict the use, freeze or delete user account, terminate services and pursue legal responsibility without prior notice to you, and shall not assume any responsibility for any user or any third party.

7.2 You understand and agree that HEROSPEED website, HEROSPEED software and app, like most websites and Internet software, may be affected by a variety of factors, including but not limited to users’ reasons, network service quality, social environment, etc. They may also be subject to a variety of security problems, including but not limited to illegal use of user data by others, which may disturb your real life. Other software downloaded and installed by you or other websites visited by you may contain viruses, Trojan horse programs or other malicious programs that threaten the security of information and data in your terminal equipment, and then affect your normal use of websites, apps or other software. Therefore, you should strengthen information security and personal information protection awareness and pay attention to password protection, so as to avoid losses.

7.3 Within the maximum range of applicable laws, HEROSPEED Technology does not make any type of guarantee to the service, that is, express, implied or statutory guarantee and condition, including but not limited to the express or implied guarantee and condition of the applicability, stability, no virus, no negligence or no technical flaw, ownership and no infringement of http://www.freeip.com, FreeIP APP, etc. In addition, HEROSPEED Technology does not guarantee that the service can meet your requirements and that the service provided will not be interrupted or disturbed. It also does not guarantee the timeliness, safety and no error of the service and accurate, timely and smooth transmission of information.

7.4 You may acquire some contents of a third party through relevant network services of HEROSPEED Technology, or HEROSPEED Technology may, for your convenience, provide a link and entrance to a third-party website, but HEROSPEED Technology is not responsible to check or evaluate any material, product, service or the accuracy of the content of this third party, and does not guarantee, assume any responsibility or have any obligation for these. You shall make your own judgment and bear all risks arising from the use of such contents, including but not limited to risks arising from reliance on the correctness, completeness or practicability of the contents.

7.5 It is the common responsibility of HEROSPEED Technology and you to maintain the safety and normal use of the website and software. HEROSPEED Technology will reasonably and prudently take necessary technical measures to protect the safety of your information and data in accordance with industry standard, but you acknowledge and agree that HEROSPEED cannot provide complete guarantee for this.

7.6 Within the maximum range of applicable laws, HEROSPEED Technology does not assume any responsibility for any accidental, non-direct, special, punitive, derived or indirect loss (including but not limited to loss of business, income, profit, data or other economic interests and loss due to personal injury) caused during your use of the service, whether it is caused by breach of this Agreement (including breach of guarantee), infringement or anyhow, even if HEROSPEED Technology has been told in advance the possibility of such losses.


VIII. Service Interrupt and Termination
8.1 For the normal operation of the service, HEROSPEED Technology needs to regularly or irregularly overhaul the website and other equipment and make maintenance stop, which may cause interrupt and stop of the normal service. HEROSPEED Technology promises to do its best to avoid service interrupt and stop or limit the interrupt and stop to the shortest time within the reasonable business scope. At the same time, HEROSPEED Technology will not make maintenance during the peak period and will inform you in advance in the way of software notification.

8.2 Under any of the following circumstances, HEROSPEED Technology shall have the right to interrupt or terminate the service at any time without notifying you. HEROSPEED Technology shall not be liable to you or third parties for any inconvenience or damage caused thereby:

(1) Regularly check or equipment maintenance, software and hardware update, etc.;

(2) Damaged server that cannot operate normally;

(3) Sudden failures of software and hardware equipment and electronic communication equipment;

(4) Line failure of network provider or other failures;

(5) Maintenance of national security or personal safety of other users and third parties in case of emergency;

(6) Force majeure and other third-party causes.


IX. Others
9.1 That HEROSPEED Technology does not use or fails to exercise in time or in full the rights enjoyed by HEROSPEED Technology according to laws and regulations shall not be deemed as a waiver of such rights and shall not affect the future exercise of such rights by HEROSPEED Technology.

9.2 If any clause in this Agreement is completely or partially invalid or does not have the force of execution in this Agreement, the remaining provisions of this Agreement shall remain valid and binding. You and HEROSPEED Technology shall make every effort to achieve the intention set forth herein.

9.3 The heading herein is for convenience only and shall not be construed as the basis of this Agreement.

9.4 If you have any question about this Agreement, please contact HEROSPEED Customer Service Center via 【support@herospeed.cn】.