Last Updated: Dec, 14 2022
What Products and Services does this policy cover?
(1) TP-Link branded hardware, firmware, and software products (“Products”);
(2) website(s) that may be accessed at https://www.tp-link.com, https://www.kasasmart.com, and https://www.vigi.com (“Sites”);
(3) services, including on and through the Products, and technical support and services accessible through the Site(s) (“Web Apps”);
(4) software that may be downloaded to your smartphone or tablet to access services (“Mobile Apps”);
(5) subscription services, including services that can be accessed using Web Apps and Mobile Apps (“Subscription Services”). The term “Services” means the Sites, Web Apps, Mobile Apps, and Subscription Services, which may be used in conjunction with Products and in other ways provided by TP-Link.
1. YOUR INFORMATION WE COLLECT
We collect and use different types of data from and about you, including:
1.1 Personal Information You Provide to Us:
You provide information to us when you：
- search for products or services on our website；
- place order in our stores;
- download, stream, view, or use content on a device (camera usually), or through a service or application on a device;
- provide information in Your Account (and you might have more than one if you have used more than one e-mail address or mobile number when you register and use our Products and Services) or Your Profile;
- configure your settings on, provide data access permissions for, or interact with a TP-Link device or service;
- communicate with us by phone, e-mail, livechat, or otherwise;
- complete a questionnaire, a contest entry form, or beta testing application;
- upload or stream images, videos, or other files to the cloud Services;
- post new topics on the TP-Link Community forum.
As a result of those actions, you might supply us with information such as:
- identifying information such as your name, address, and phone numbers;
- payment information;
- your location information;
- people, addresses, and phone numbers listed in your Addresses;
- email address;
- content of livechats, posts, and emails to us;
- personal description and photograph in Your Profile;
- images and videos collected by cameras or stored in connection with subscribed cloud services;
- device log files and configurations, including Wi-Fi credentials, if you choose to automatically synchronize them with your other devices or third-party accounts.
1.2 Automatic Information
We also collect the information about how you interact with our Site and Services, which may include the pages accessed and links clicked on our site, your Internet Protocol (IP) address, MAC address, access times, location, mobile device information, operating system, browser type, certain demographic information, application information, and other information associated with how you interact with the Site and Services. We will collect a device’s browser history and access time when the device is under the control of the Parental Controls feature, such as the Parental Controls feature on Deco Products, in order to better monitor the device which is under control. We will record and analyze a device's attempted URL connections and block access to malicious websites (such as phishing / fraud / fake websites) only when the device has the Real-Time Protection feature enabled. Data will no longer be collected after you turn off this feature.
1.3 Information from Other Sources
We may receive data from other sources including, but not limited to, third-party service providers which you have integrated into our Products and Services and/or voluntarily have provided with data and/or from our authorized partners, or others that we use to fulfill our obligations to you as a customer. You should carefully and diligently review the terms and conditions and privacy policies of those third-party products and services, and we will consider your decision to use those third-party products and services with our Products and Services to be a representation to us that you have consented to the third parties' terms and practices.
2. HOW WE USE YOUR INFORMATION
We use your personal information to operate, provide, develop, and improve the products and services that we offer our products. These purposes include:
- Purchase and delivery of products and services. We use your personal information to take and handle orders, deliver products and services, process payments, and communicate with you about orders, products and services, and promotional offers.
- Provide, troubleshoot, and improve our Products and Services. We use your personal information to provide functionality, analyze performance, fix errors, and improve the usability and effectiveness of our Products and Services.
- Recommendations and personalization. We use your personal information to recommend features, products, and services that might be of interest to you, identify your preferences, and personalize your experience with our Products and Services.
- Provide voice, image, and camera services. When you use our voice, image, and camera services, we use your voice input, images, videos, and other personal information to respond to your requests, provide the requested service to you, and improve our services.
- Comply with legal obligations. In certain cases, we collect and use your personal information to comply with applicable laws. For instance, we collect from Partner Program users information regarding taxpayer identification number and bank account information for tax purposes.
- Communicate with you. We use your personal information to communicate with you in relation to our Products and Services via different channels (e.g., by phone, email, livechat).
- Marketing. We use your personal information to display interest-based ads for features, products, and services that might be of interest to you. We do not use information that personally identifies you to display interest-based ads.
- Fraud Prevention and Credit Risks. We use personal information to prevent and detect fraud and abuse in order to protect the security of our customers, TP-Link, and others.
We will only process your personal data for the purposes of providing Products and Services in compliance with applicable laws, as may be amended from time to time.
3. WHAT ABOUT COOKIES AND OTHER IDENTIFIERS?
Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones, and other devices. Other technologies, including data that we store on your web browser or device, identifiers associated with your device and other software, are used for similar purposes. In this policy, we refer to all of these technologies as “cookies”.
- estimate our audience size and usage patterns;
- store your preferences so we may customize our Products and Services according to your individual interests;
- speed up your searches;
- recognize you when you return;
- keep your account, data, and our Products and Services safe and secure;
- promote the products or services to you that you may be interested in; and
- measure the performance of cooperating third-party sellers.
4. HOW WE SHARE YOUR INFORMATION
We may share your personal information internally and externally with suppliers, advisors, or Partners for our legitimate business purposes, and only on a need-to-know basis. When sharing personal information, we implement appropriate checks and controls to confirm that the information can be shared in accordance with applicable laws. Here’s more detail about who we may share your information with and in what kinds of situations:
(1) With Our Authorized Partners: We may share your information with our authorized partners. We share information with our authorized partners to
- promote safety, security, and integrity and comply with applicable laws;
- personalize offers, ads, and other sponsored or commercial content;
- develop and provide features and integrations;
- understand how customers use and interact with our Products and Services.
(2) Service Providers: To assist in our business operations and better provide Products and Services (e.g., for software maintenance services, advertising serving technologies, e-mail services, delivery services, database management services, web analytics, and other services), we may share your information with such service provider.
(3) Other Entities with Your Consent: You may choose to integrate certain third-party services with our Services. By doing so, you authorize us to transmit your personal information to third parties when you choose to integrate their services with our Services. Information collected by such third-party services is subject to their own terms and policies, all of which you should carefully and diligently review.
(4) Marketing: We may aggregate anonymized user information and provide it to our third-party marketing service providers only for our promotional and/or marketing practices.
(5) Change of Control: We may be required to share your information as part of a merger, acquisition, asset sale, asset purchase, financing, bankruptcy, or other change of control.
(6) Responding to Legal Requests: We may share information where we have a good faith belief that such disclosure is necessary to (a) comply with an applicable law or legal process or (b) respond to actual or potential complaints or legal claims, like search warrants, court orders, production orders, or subpoenas. These requests come from third parties such as civil litigants, law enforcement, and other government authorities. Or (c) where otherwise necessary to protect our rights, interests, and/or property (including, without limitation, to enforce our agreements), or the rights, interests, and/or property of our agents, independent contractors, customers, and others.
We have implemented measures, including encryption and TLS technology, designed to secure your personal data from accidental loss and from unauthorized access, use, alteration, and disclosure. In addition, we restrict the number of staff in charge with access to your personal data to the minimum level and frequently conduct training and education so that they comply with the confidentiality obligations with respect to your personal data.
Your account’s privacy and security are protected by your password. In order to prevent unauthorized access to your account and personal data, you should select a strong password and protect it by limiting access to your computer, device, browser, or application and by signing off after you have finished accessing your account. If you use a third-party service to sign into your account, you should protect that account accordingly as well.
While we strive to always protect the privacy of your account and personal data in our records, we cannot always guarantee it will be completely secure. The security of your personal data may be compromised by unauthorized entry, unauthorized use, hardware failure, software failure, and other factors at any time.
Here are some best practices to protect your TP-Link ID account:
- Use complex passwords (a mixture of upper and lower letters, numbers, and symbols) when signing up.
- Use a unique password different from other website accounts to avoid being involved in their accidental data breaches.
- Change your passwords regularly.
- Use 2 Factor Authentication (2FA) if possible.
6. HOW WE STORE AND PROCESS YOUR INFORMATION
- Places we have infrastructure or data centers, including the United States, Ireland, and Singapore, among other Countries where TP-Link Products and Services are available. Typically, the primary storage region is the region that is closest to the customer’s region, often with backups to data centers in another region. The storage location(s) are chosen in order to operate efficiently, to improve performance, and to create redundancies in order to protect the data in the event of an outage or other problem.
These countries may have different privacy standards that differ from where you are. Please note that data processed in another country may be subject to different laws and may be accessible to government, judicial, law enforcement, and regulatory agencies in those countries. However, we will take appropriate measures to guarantee an adequate level of data protection even if your personal data are transferred to these countries.
7. THIRD-PARTY LINKS
8. YOUR CHOICES
We offer you a variety of tools to view, manage, download, and delete your information below. You can also manage your information by visiting the settings of the Products you use. You may also have other privacy rights under applicable laws. To exercise your rights, visit your setting.. For example, you can:
- Update your account information and settings at any time by accessing your Mobile Apps, Subscription Services, or Web Apps.
- Control how and when you want to receive notifications from us in the Mobile Apps.
- Opt-out of our email service by clicking the “unsubscribe” link at the bottom of our emails.
- Not use features and Services that require you to provide your information and data, such as our community or video storage.
- Request data deletion at https://account-delete.tplinkcloud.com/.
- You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies.
You may also send us an email at email@example.com to request access to, correct, or delete personal data that you have provided to us. However, with respect to the administrative emails for your registered account (e.g., emails about your transactions, policy changes, forgotten password, and confirmation emails), we cannot delete them except by also deleting your user account. We may not accommodate a request to change or delete information if we believe the change or deletion would violate any law or legal requirement or negatively impact the information's accuracy.
9. CHILDREN’S PRIVACY
Our Products and Services are not directed to, or intended for, children as defined by local legal requirements, and we do not knowingly collect personal information from children. If you believe that we have any such information, please notify us immediately using the contact information provided in Section 11 and we will delete the information as quickly as possible.
10. CALIFORNIA CONSUMER PRIVACY ACT
Click here to read additional disclosures required under the California Consumer Privacy Act.
12. CONTACT US
If you have any questions or need further assistance, please email us at firstname.lastname@example.org
TP-Link Corporation Limited
Room 901,9/F.，New East Ocean Centre, 9 Science Museum Road, Tsim Sha Tsui, Kowloon, Hong Kong
Welcome to TP-Link!
The Services defined herein are provided by TP-Link Corporation Limited., located at Room 901,9/F., New East Ocean Centre, 9 Science Museum Road, Tsim Sha Tsui, Kowloon, Hong Kong. This document may refer to the service provider as “TP-Link Corporation Limited.”, "TP-Link”, "we”, "us", or "our”.
These are the rules and restrictions that govern your use of our website(s), products, services, mobile applications, and other software (collectively, the "Services").
Modifications to Terms
These Terms may change at any time as we improve and change our Services. In the event that we need to change the Services, we will place a notice in these Terms and may also send you an email. If you do not agree with any new Terms, you may reject them. However, you may not use the Services thereafter. Your continued use of the Service after a change of Terms means that you agree to all of the changes.
Changes, amendments, or modifications made to the Terms are ineffective, unless they are made by us and updated as described herein, or they are made in writing and signed by both you and us.
The Children's Online Privacy Protection Act ("COPPA") prohibits online service providers from knowingly collecting personally identifiable information online from children who are under 13 without parental consent. We do not knowingly collect such information. If you are a child under 13, you may not register for the Services or send any personal information about yourself to us. In the event that we learn we have collected personal information from a child under 13, we will destroy that information as quickly as possible.
In order to use the Services, you may be required to sign up for an account. To sign up for an account, you must provide a verifiable email address or phone number and a password. You may not sign up using a name that you don't have the right to use, or another person's name with the intent to impersonate that person.
Representations and Warranties
You represent and warrant that you are of legal age to enter into a binding contract. If not, you represent and warrant that you have acquired parental consent and that they have read and agreed to these Terms on your behalf. If you're using the Services on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on their behalf and bind them to these Terms. You may only use the Services for your personal, non-commercial use. Your use must comply with all laws that apply to you. You may not use these Services if applicable laws prohibit such use.
Restrictions on Use
During your usage of the Services, you may create connections between our hardware devices, third-party hardware devices, our Services, and/or third-party services. You agree that you will not connect to the Services any hardware devices or third-party services in a manner that could be dangerous to any person(s), or which could cause damage to or loss of any property.
Your use of the Services is subject to the following additional restrictions:
You may not use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else;
- Violates any law or regulation;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your account or anyone else's;
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs any form of auto-responder or "spam" on the Services, or that otherwise interferes with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
- "Crawls," "scrapes," or "spiders" any page or portion of the Services (through use of manual or automated means);
- Copies or stores any significant portion of the Content (as defined below);
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code of the Services.
Content on the Services
“Content” is all of the information collected during your use of the Services. It includes information provided by you, by other users, by hardware devices connected to the Services, and by third-party devices and services connected to the Services. It also includes any information we provide into the Services, as well as information derived from or aggregated from any and all information provided to the Services.
We may require payment of fees for certain portions of the Services. You may elect to subscribe to such features. If you elect to subscribe to such features, you shall pay the fees described within such features. We may change the prices and institute new charges upon ten days prior notice to you. This notice may be delivered by email to you or by a post on the Services. Use of the Services by you following such notification constitutes your acceptance of any new or changed charges.
Changes to the Services
Service may change over time, as we improve them. At any time, we may suspend, discontinue, impose, or remove limits of use, or restrict access to all or part of the Services. Some such changes to the Services may render hardware devices, third-party services, configurations, or software setups inoperable. We may make such changes at our sole discretion and with or without notice. You understand that TP-Link owns the Services. You won't attempt to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services.
User Content Submissions
You may provide Content to or through the Services in various ways. We shall call this “Personal Submissions.” In addition, when you connect various hardware peripherals, third-party services, or applications with the Services, those items will often provide information or data for the Services. This will often occur in an automated fashion. We shall call this “Device Submissions.” You own your Personal Submissions and Device Submissions, and TP-Link does not claim any ownership over them; however, you grant us certain rights in/to your Personal Submissions and Device Submissions, as outlined herein. You represent and warrant that you own or otherwise have all rights to such submissions and that disclosure and use of such submissions by TP-Link (including without limitation, publishing content on the Services) will not infringe or violate the rights of any third party.
You acknowledge that we have no obligation to maintain or persist your Personal Submissions or Device Submissions for any specified period of time, to guarantee access to these items, and have no liability for these items submitted to the Services that are or become unavailable through the Services. You hereby grant TP-Link a royalty-free, worldwide, sub-licensable, irrevocable, transferable, perpetual license to use or incorporate into the Services any suggestions, recommendations, enhancement requests, or other feedback that you provide to us relating to the Services.
TP-Link does not endorse and has no control over any Personal Submission. You acknowledge that you access all content by using the Services and provide all Personal Submissions at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Any and all information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated. You access all such information and content at your own risk. We are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and/or use the Content or what actions you may take as a result of having been exposed to the Content. You hereby release us from all liability for you having acquired, been exposed to, not acquired, or not been exposed to Content through the Services. You have an obligation to, and commit to keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
You accept that TP-Link is not responsible for the risks you take associated with links or connections to third-party applications or services. You understand that such third-party services may or may not carry their own terms, conditions, privacy policies or other policies that may or may not be related to these Services. We encourage you to be aware of such agreements when you connect third-party services to these Services. We cannot and do not have control over, nor do we assume any responsibility or risk for content, accuracy, practices, opinions, or policies of any third-party websites, applications, or services that you may be exposed to when you interact with the Services. Your interactions with third-party organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals. You agree that we shall not be responsible for any liability for any loss or damage associated with any such interactions.
You are free to stop using the Services at any time. You understand and agree that we may or may not delete your Content in the event that you stop using the Services. Account termination may result in destruction of any Personal Submissions and/or Device Submissions associated with your account; however, you understand and agree that we may retain copies of such Content indefinitely. In the event that we elect to terminate your account, we will try to provide advance notice to you prior to termination so that you are able to retrieve any important Content stored in your account. You understand and agree that we may provide no advanced notice for any reason, but usually because it would be impractical, illegal, not in the interest of someone's safety or security, or otherwise harmful to the rights or property of TP-Link.
If any provision of this agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
Additional Terms and Conditions
These Terms apply to your use of all the Services, including applications available via the Apple, Inc. ("Apple") App Store (the "Application"), but the following additional terms also apply to the Application:
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the Terms as they are applicable to the Services;
- Both you and TP-Link acknowledge that the Terms are concluded between you and TP-Link only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that TP-Link, and not Apple, is responsible for addressing any claims you or any third-party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third-party's intellectual property rights, TP-Link, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and TP-Link acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use;
- Both you and TP-Link acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third-party beneficiary hereof.
Except as expressly set forth below, TP-Link does not make any representations or warranties concerning any products, software, services, information, or content contained in or accessing through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered through the Services are provided "AS IS" and without any warranty of any kind from TP-Link or others, unless a separate written warranty is provided expressly and unambiguously for a specific product or service (and if such a warranty is provided, it will apply only to such specific product or service, and not to the Services generally). THE SERVICES (AND ALL PRODUCTS, SOFTWARE, SERVICES, INFORMATION AND CONTENT) ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL TP-Link BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR FAILURE OR MALFUNCTION OF ANY DEVICE CONNECTED TO THE SERVICES, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO TP-Link IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Risk of Loss; Insurance
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, USING THE SERVICES TO SECURE OR OTHERWISE CONTROL ACCESS TO ANY REAL OR PERSONAL PROPERTY) IS SOLELY AT YOUR OWN RISK, AND THAT YOU ACCEPT RESPONSIBILITY FOR ALL LOSSES, DAMAGES, AND EXPENSES ARISING OUT OF SUCH USE. TP-Link IS NOT AN INSURER. YOU ARE RESPONSIBLE FOR MAINTAINING INSURANCE COVERING ALL LOSS, DAMAGE, OR EXPENSE, WHETHER FOR PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), ECONOMIC LOSSES, OR ANY OTHER FORM OF LOSS, DAMAGE, OR EXPENSE ARISING OUT OF OR FROM (I) THESE TERMS, OR (II) THE SERVICES.
You agree to indemnify and hold TP-Link, its affiliates, officers, agents, employees, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys' fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third-party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without TP-Link’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration
These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws’ provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Santa Clara County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS"), then in effect, by one commercial arbitrator, who shall be selected from the appropriate list of arbitrators in accordance with those procedures. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Santa Clara County, California, or the Northern District of California.
You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. You and TP-Link agree that this agreement is the complete set of understanding between both parties and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind TP-Link in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and TP-Link agree there are no third-party beneficiaries intended under this Agreement.
2. Service Summary. When you purchase a Kasa Cam product, you have the option of using our Kasa Care Services. With the Kasa Care Services, any video footage captured by your Kasa Cam is automatically sent to our servers for storage. From your iOS or Android device(s) you can then access recordings covering limited timeframes (e.g., 2 days, 2 weeks or 1 month) depending on your level of Kasa Care Services.
3. Free Trial. When you first set up and register your Kasa Cam, you will be automatically enrolled in a free trial of Kasa Care Services, which entitles you to access your Kasa Cam video recordings without payment for a limited period of thirty (30) days beginning with the day you activate your Kasa Cam. During the free trial period you will have access to up to thirty (30) days of your daily Kasa Cam recordings. We have no obligation to notify you when your free trial ends, and we reserve the right to modify or terminate any free trial at any time, without notice and at our sole discretion. If you do not enroll into a Kasa Care paid subscription plan at the end of the trial period, your Kasa Care Services will convert to a Basic Plan (defined below) that only provides access to two (2) days of Kasa Cam recordings. We may (but are not obligated to) delete any or all of your Kasa Cam recordings stored on our servers that become inaccessible to you as a result of your free trial period expiring and converting to a Basic Plan. If your Kasa Cam is reset to its factory settings during the free trial period, the free trial will not reset to a new 30-day free trial.
4. Subscription Plans. Every Kasa Cam comes with our free Basic Kasa Care Services plan (“Basic Plan”) that provides you access to two (2) days of your Kasa Cam recordings. We also offer multiple tiers of paid subscription plans for our Kasa Care Services. For plan details and plan pricing, please visit <www.tp-link.com/us/kasacare>. Subscription fees are charged on the first day of the applicable subscription period. If your credit card transaction is declined or your credit card expires, we reserve the right to cancel your Kasa Care Services subscription, but your subscription will not automatically be terminated. You will remain responsible for all unpaid amounts that accrue as a result of your declined or expired credit card. Additionally, you will be responsible for all costs we incur in connection with the collection of such unpaid amounts, including court costs, attorneys' fees, collection agency fees and any other associated costs.
(a) Subscription Renewal. All Kasa Care Services subscription plans renew automatically. When we renew your subscription plan, we will use the payment method then currently associated with your account. You will not be notified in advance of impending renewals unless you choose an annual subscription plan, in which case we will send an annual renewal reminder to the email associated with your account. Following the processing of your applicable subscription payment, we will send you a receipt to the email associated with your account. When you purchase any of our Kasa Care Services subscription plans, you expressly acknowledge and agree that (1) TP-Link is authorized to charge you a subscription fee (in addition to any applicable taxes) on a monthly or annually recurring basis depending on the billing cycle you choose and the promotion code you apply, if any, for as long as your subscription is in effect, and (2) your subscription is in effect until you cancel it or it is terminated at our discretion because your credit card was declined or you otherwise fail to pay your subscription fee.
(b) Plan Modification.
- Plan Changes. You may change to a different paid subscription plan at any time from the “Kasa Care” menu item on the Kasa app. In order to change your billing cycle type (Annual vs. Monthly) you will be required to cancel your plan and re-enroll. For more details regarding our plan changes and refund policy please visit <Link-TBD[MP1] >. Upon any changes to your subscription, we may (but are not obligated to) delete any or all of your Kasa Cam recordings stored on our servers, that become inaccessible to you as a result of your change in subscription plan.
(c) Incorrect Payments. If we charge less or more than the correct or advertised amount on a transaction, we have the right for up to thirty (30) days after such transaction date to complete subsequent transaction attempts in order to rectify the incorrect payment.
(d) Pricing. Prices of our Kasa Care Services subscription plans are subject to change at any time, but changes will not affect your current subscriptions. In the event that we change the pricing for any Kasa Care Services subscription plan you have purchased, we will give you 30 days advance notice of this change and will take effect on your next billing cycle. After receiving such notice, you will be deemed to have accepted the change in pricing, unless you cancel your subscription as set forth in section (b) above.
5. Suspension of video recording. You may stop video/audio recording from your camera at any time. From the Kasa App, go to the “Privacy” section under “Camera Settings” and select “Do Not Record Video or Audio”. For more details, please visit “What is Privacy Mode” <http://www.tp-link.com/us/faq-1959.html>. Your choice to stop video/audio recording does not modify or cancel your then existing subscription plan.
6. Limitations of Kasa Care Service. You acknowledge and agree that Kasa Care Services, whether standing alone or interfaced with third-party products or services, is not certified for emergency response and is not a third-party monitored emergency notification system (e.g., Kasa Care will not dispatch emergency authorities to your home in the event of an emergency.) Additionally, you acknowledge and agree that Kasa Care Services and our employees are not a lifesaving solution for you or any other person at risk in your home, and that the Kasa Care Services are not a substitute for emergency services. All emergencies should be directed to the appropriate response services. We make no warranty or representation that the use of Kasa Care Services, whether standing alone or interfaced with third-party products or services, will affect or increase your level of safety or that of anyone else. You acknowledge and agree that you will not rely on the Kasa Care Services for any life-saving or other critical purpose. Mobile notifications regarding the status and alarms related to the Kasa Care Services are provided for information purposes only and such notifications are not a substitute for a third-party monitored emergency notification system. You acknowledge that it is your responsibility to educate yourself on how to respond to emergencies.