Deco for ISP Cloud Service Agreement
The Services defined herein are provided by TP-Link Corporation Limited. This document may refer to the service provider as "TP-Link Corporation Limited," "TP-Link," "we," "us," or "our."
To protect the rights and interests of users (hereinafter referred to as “you”), please read the Deco for ISP Cloud Service Agreement (hereinafter referred to as “this agreement”) carefully before using this service. Your use of the Deco for ISP Cloud service is governed by this Deco for ISP Cloud Service Agreement. Buying or using this service means you have reached an agreement with TP-Link and are willing to accept the terms of this agreement.
The Deco for ISP Cloud Service refers to the use of Deco for ISP cloud management portal. It is a value-added product of TP-Link, offering a variety of privileges to you. Deco for ISP Cloud Service is network-based licensing, and TP-Link provides the licenses to you. For details and pricing, please visit https://deco4isp.tplinkcloud.com/ .
With the Deco for ISP Cloud service, device and client info captured by Deco devices and Cloud Service is automatically sent to our servers for storage. When you make any changes to your devices’ license status, TP-Link may (but is not obligated to) delete any or all of your cloud data stored on our servers that become inaccessible to you as a result of the changes.
To enjoy the Deco for ISP Cloud service, devices must support the cloud solution. For detailed information about the models that support the cloud solution, please contact us https://www.tp-link.com/support/contact-technical-support/. The Deco for ISP Cloud service may be affected by your device firmware version or app version. To fully take advantage of all privileges, it is recommended that you update your device firmware and app to the latest versions.
The privileges included in the Deco for ISP Cloud Service are subject to the information published by TP-Link on the service page. TP-Link reserves the right to adjust all or part of the privileges according to business needs and announce them on the service page. TP-Link Customer Service is also available at any time for details of current privileges.
The Deco for ISP Cloud Service does not accept any returns, refunds, or exchanges. Changing the TP-Link ID that uses the Deco for ISP Cloud Service is not allowed.
Service Activation and Validity
You agree to this agreement and pay the service fee to receive the Deco for ISP Cloud service.
Deco for ISP Cloud Service Validity Period is calculated from the date when the license is bound to the active Deco network, the license will keep inactive if the bound network has not been setup and active to TP-Link cloud. The timer of each license will not stop after activation, the specific validity period can be viewed on the license management page. Deco for ISP cannot manage the network if the license expires. You can assign a new license to the device when the license expires. Before the expiration date, you can unbind the license from the devices, but there is a limited 10 times of unbinding for each license. TP-Link reserves the right to suspend this service if it has not been renewed in any way before expiration.
Service Fees and Renewals
The Deco for ISP Cloud service fee is subject to the prices published by TP-Link on the service page.
If the deducted service fee is less than or more than the correct or advertised price, TP-Link reserves the right to complete subsequent transaction attempts up to 30 days after the transaction date to correct the payment. The pricing in the invoice determines the actual price at the time of your purchase. Subsequent pricing adjustments shall not affect the completed orders.
Restrictions on Use
Your use of this service is subject to the following additional restrictions. You may not use or interact with the service in a manner that:
- Violate this agreement.
- Violate laws, regulations, rules, ordinances and any normative provisions with legal effect.
- Destroy or affect TP-Link's provision of this service to any third party.
- Violate the security of any computer network.
- Adversely affect the services and activities of this agreement provided by TP-Link and related third parties, and infringe the legitimate interests of TP-Link and/or associated third parties.
- Use this service to obtain illegal benefits, including but not limited to improper profits through resale, transfer, and sub-authorization.
- Undertake other actions that violate TP-Link's legitimate interests.
You acknowledge and agree that TP-Link has the right to take one or more of the following measures if a breach is discovered:
- Take actions including but not limited to suspending or terminating all or part of member privileges of this service.
- TP-Link does not need to refund you any fees. The fees corresponding to the unfulfilled services will be owned by TP-Link as a penalty. You are solely responsible for any losses in your account, and you should also compensate TP-Link for its losses arising out of the breach, including but not limited to attorney fees and litigation fees.
Service Agreement Acceptance and Revision
If this agreement and related service terms need to be revised due to business needs, TP-Link will choose to notify you of modifications to the above terms by methods including but not limited to system prompts, announcements, and intranet letters. If you do not accept the revised terms, you have the option to terminate your use of the Deco for ISP Cloud service. Your continued use of the service will be deemed to have accepted the modified agreement.
Service Changes or Suspension
TP-Link is constantly changing and improving its services. TP-Link may choose to suspend, interrupt, and terminate all or part of the privileges of the Deco for ISP Cloud service based on its own business decisions, government actions, force majeure, and other reasons. If such situations occur, TP-Link will notify you in the form of an announcement but will not be responsible for any losses caused to you. Except in the cases explicitly stipulated by laws and regulations, TP-Link has the right to directly return to you the fees corresponding to the unfulfilled services without your application.
Force Majeure Clause
TP-Link is not responsible for losses caused by force majeure. Force majeure referred to in this agreement include:
- Natural disasters; civil disorders; wars; strikes; labor disputes;fires; floods; acts of God; government action; epidemic disease;
- Changes in laws and regulations, or government directives;
- Reasons specific to the characteristics of network services, such as failures of basic telecommunications operators, computer or Internet-related technical defects, Internet coverage limitations, computer viruses, and hacking;
- Other unforeseeable, unavoidable, or insurmountable situations within the legal scope.
You acknowledge and agree that Deco for ISP Cloud services, whether standalone 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., Deco for ISP Cloud will not dispatch emergency authorities to your home in the event of an emergency). Additionally, you acknowledge and agree that Deco for ISP Cloud services and our employees are not a lifesaving solution for you or any other person at risk in your home, and that the Deco for ISP Cloud 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 the Deco for ISP Cloud Service, whether standalone 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 Deco for ISP Cloud Service for any life-saving or other critical purposes. Notifications regarding the status and alarms related to the Deco for ISP Cloud Service are provided for information purposes only. As such, these 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.
During the Deco for ISP Cloud services term, we warrant that the service when used in accordance with the Documentation, will operate in all material respects substantially as set forth in the Documentation. If you notify us of any breach of the foregoing warranty, our sole obligation and your exclusive remedy shall be for us to, at its option, (a) provide an error correction or update to the Service to remedy the failure; or (b) terminate the applicable service license and provide a prorated refund of fees paid by you for the service. This warranty and the remedies offered are applicable only if: (i) the failure is reasonably reproducible by us; (ii) Customer reports the failure with reasonable specificity in writing within thirty (30) days from its occurrence; and (iii) you provides us with reasonable assistance in the diagnosis and remedy of the failure.
Except as expressly provided above, and to the maximum extent permitted by applicable law, Cloud Service and documentation are provided “as is” and “as available”, and we make no other warranties, whether express, implied or statutory, including, but not limited to, warranties of merchantability, satisfactory quality, noninfringement and fitness for a particular purpose. We do not warrant that the Cloud Service meets your requirements or that use of the Cloud Service will be secure, uninterrupted or error-free.
CHOICE OF LAW AND COURT
This Agreement, including but not limit to its conclusion, validity, construction, performance and settlement of the disputes, shall be governed by and construed in accordance with the law of Hong Kong, without giving effect to the principles of conflict of law.
Any dispute arising from or connected with the Agreement shall be first settled through friendly negotiation by both Parties. In case no settlement to disputes can be reached through amicable negotiation by both Parties, the disputes shall then be submitted to Hong Kong International Arbitration Centre for arbitration following its Arbitration Rules in force at the time of application. The arbitration shall proceed in Hong Kong. The arbitral award is final and binding for both Parties. The losing Party shall bear the arbitration fees except otherwise awarded by the arbitration commission.
Feb 8, 2021