Terms of Service
Our Terms of Service is effective from 24th Sep 2018 (Last updated on March 5th 2019).
Perimetersafe Home Monitoring Limited (alternatively referred to herein as "Perimetersafe", "we" or "us") provides access to web sites, web services, video streaming services, IOT services, desktop applications, mobile application software that may be downloaded to your desktop, smartphone or tablet to access services subject to the terms and conditions set forth below, including all documents, policies, and guidelines incorporated herein by reference. Please read this agreement carefully before entering the site, and refer to these terms as necessary as you explore the Services.
THIS AGREEMENT CONSTITUTES A BINDING CONTRACT ON YOU AND GOVERNS YOUR USE OF AND ACCESS TO THE SERVICES BY YOU AND END-USERS WHETHER IN CONNECTION WITH A PAID SUBSCRIPTION OR FREE TRIAL SUBSCRIPTION TO THE SERVICES.
BY USING PERIMETERSAFE’S SITES, SOFTWARE AND/OR THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT ALL THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT USE (AND YOU HAVE NO RIGHT TO USE) THE SITE OR SERVICES, AND YOU SHOULD CEASE ANY USE IMMEDIATELY.
YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE SERVICES AND OF THE PRODUCTS CONNECTED TO THE SERVICES. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SERVICES.
1 - Definition
Perimetersafe is sometimes referred to herein as "we", "us", "our", or "Perimetersafe" and the user is sometimes referred to as "you", "your", "user" or "customer".
Perimetersafe Cloud is the name of our IOT cloud platform supporting all our IOT devices. The name of our mobile applications supporting Perimetersafe Cloud is called Perimetersafe Cloud Connect Application. Any other third party applications using Perimetersafe Cloud will have Perimetersafe Cloud logo embedded on usually the startup screen of the applications with words “Powered by Perimetersafe Cloud” or similar.
Perimetersafe Cloud is sometimes referred to herein as “Perimetersafe Cloud Connect”, “Cloud Service” or “Perimetersafe Cloud”.
2 - Services
Perimetersafe operates web site www.kodaksmarthome.com and all content and features offered on the Web site (the ‘Site’ or ‘Sites’). Perimetersafe offers software that is featured on the Sites (the ‘Web Applications’ or ‘Web Apps’), software that are embedded on third party applications, software developed by Perimetersafe that is able to be downloaded to mobile devices, smartphones and tablets (the ‘Mobile Applications or ‘Mobile Apps’) to be used with connected devices ( ‘Device(s)’, ‘Camera(s)’, ‘IOT Device(s)’ or ‘Monitors’, ‘Video Board(s)’, ‘Video Product(s)’) that are compatible with the Web Apps, Desktop Apps and Mobile Apps (collectively, the ‘Service’ or ‘Services’).
The Desktop Apps, Web Apps and Mobile Apps are referred to herein collectively as the ‘Software’.
The Service is offered to consumers as a companion to approved Device Profiles. An approved Device is enabled for use with the system by a unique ID. Once activated, the features of the Device are combined and enhanced by features that are deployed from the Service for a variety of platforms. This Agreement applies to the Services described below and any devices or services provided to you by third party suppliers for use in conjunction with Perimetersafe, including but not limited to tablet or mobile data smart devices.
Perimetersafe may discontinue the operation of, or prohibit you from accessing or using, the Site or Services (or components thereof) at any time and without liability to Perimetersafe, for any reason, including if you violate this Agreement or fail to make payments to Perimetersafe under the terms of this Agreement or as otherwise specified on the Site. We may modify this Agreement from time to time. If the Agreement is modified, we will post the updated Agreement on the Site, and any use of the Site after we post the revised Agreement constitutes agreement to the modified terms.
You acknowledge that Perimetersafe may modify the features and functionality of the Services during the Subscription Term.
If You register for a free trial for any of the Services, We will make such Services available to You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which You registered to use the applicable Service(s); (b) the start date of any subscription to such Service purchased by You for such Service(s); or (c) termination of the trial by Us in our sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
ANY SERVICE DATA YOU ENTER INTO A SERVICE, FOR EXAMPLE, VIDEO CLIPS STORED ON OUR PERIMETERSAFE CLOUD, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICE AS COVERED BY THE TRIAL OR PURCHASE THE APPLICABLE SERVICE, BEFORE THE END OF THE TRIAL PERIOD.
3 - Account
To use the Services, you need to register for a Perimetersafe Cloud Account (“Account”, “User Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any U.S. or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use “strong” passwords (passwords that use a combination of upper, lower case letters and numbers) with your Account, and to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify Perimetersafe of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Perimetersafe is not liable for any loss or damage arising from your failure to comply with the above requirements.
4 - Products and Services
We are devoted to providing the best products and services for our customers. To allow us to provide dependable services, the software or firmware of Perimetersafe devices will be upgraded automatically through the Internet without any advance notification. As part of this process, we will use all reasonable efforts to minimize disruptions to your use of and access to our services to the greatest extent possible.
Perimetersafe will not be liable for loss or damage caused by the following circumstances:
- A user's intentional manufacture and distribution of intercepted recorded images or video and placement of them in any newspaper, magazine, handbill or other publication or dissemination by electronic means.
- Any derivational issues or unlawful actions arising from a user's dissemination of recorded images from the camera without the other party's consent.
5 - Billing, Subscription Plan Change and Termination
If You pay by credit card or certain other payment instruments, the Services provide an interface for the Account owner to change credit card information (e.g. upon card renewal). The Account owner will receive a receipt upon each receipt of payment by the Payment Agent, or they may obtain a receipt from within the Services to track subscription status. You hereby authorize the Payment Agent to bill Your credit card or other payment instrument in advance on a periodic basis in accordance with the terms of the Subscription Plan for the Services and for periodic Subscription Charges applicable to the Services to which You subscribe until Your subscription to the Services terminates, or expires. You agree to promptly update Your Account information with any changes (for example, a change in Your billing address or credit card expiration date) that may occur. The Payment Agent uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain or use Your billing information except to process Your credit card information for the Payment Agent.
No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to downgrade Your Subscription Plan. Downgrading Your Subscription Plan may cause loss of content, features, or capacity of the Service as available to You under Your Account, and Perimetersafe does not accept any liability for such loss.
No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to cancel Your existing Subscription Plan. Cancelling Your Subscription Plan may cause loss of content, features, or capacity of the Service as available to You under Your Account, and Perimetersafe does not accept any liability for such loss.
We may, at Our sole discretion, choose to offer credits for the Services in various ways, including but not limited to, coupons, promotional campaigns and referrals for our Services and/or products. Perimetersafe reserves the right to award credits at its sole discretion. Credits have no monetary or cash value and can only be used by You to offset Your subsequent payments of Subscription Charges for the applicable Service. Credits may only be applied to Subscription Charges due for the Service specifically identified by Perimetersafe when issuing the credit. Credits can only be used by You and are non-transferable. To the extent that You have been awarded credits, unless the instrument (including any coupon) states an earlier expiration date, credits shall expire and no longer be redeemable six (6) months from the date the credit was issued.
6 - Prohibited uses
- Lawful purposes only
You may use our service and your device only for lawful, proper and appropriate purposes. You may not use our service or your device in any way that is illegal, improper or inappropriate.
We may monitor the use of our service for violations of this agreement. We may remove or block all communications if we suspect a violation of this agreement, or if we think it necessary in order to protect our service, affiliates, directors, officers, agents, and employees from harm.
- Providing information to authorities and third parties
If we believe that you have used our service or your device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), telephone number(s) and all other account information, as follows:
- in response to law enforcement or other governmental agency requests;
- as required by law, regulation, rule, subpoena, search warrant, or court order;
- as necessary to identify, contact, or bring legal action against someone who may be misusing the service, the device, or both;
- to protect Perimetersafe's rights and property; or
- in emergency situations where disclosure of such information is necessary to protect Perimetersafe customers or third parties from imminent harm.
7 - Copyright Notice
All content and copyrighted and copyrightable materials on the Site or used in the Services, including, without limitation, the text, graphics, pictures, videos, sound files and other files, design, compilation, Perimetersafe logo, software code, and documentation, along with the selection, arrangement, organization and magnetic translation thereof (collectively the ‘Materials’) are the property of Perimetersafe or its third-party licensors and are protected by country-specific and international copyright laws. Perimetersafe or its third-party licensors own all right, title and interest in and to the Materials, and nothing in this Agreement shall be interpreted to grant a license or ownership interest in or to the Materials. None of the Materials may be copied, in whole or in part, without express written permission by the copyright holder, and all rights are expressly reserved.
Any unauthorised use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
You will not alter, disassemble, decompile, reverse engineer, or modify any Perimetersafe confidential and proprietary information that you receive.
8 - Disclaimers
The information on the Perimetersafe websites, as well as the Services and products, are provided "as is". We make no warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness of the service or product for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the Perimetersafe web sites, services or products will be without failure, delay, interruption, error, degradation of voice quality, or loss of content, data, or information.
You hereby acknowledge some Perimetersafe product(s) and service(s) are not encrypted and that information may be intercepted during transmission to or from Perimetersafe server, the service(s) or the product(s) and that Perimetersafe cannot and does not guarantee that the use of the Software, Perimetersafe websites, service(s) or product(s) is completely secure. You hereby agree to assume any and all risk associated with the unauthorized access to your information during transmission of such information.
Neither Perimetersafe nor its directors, employees, affiliates, suppliers or agents, or any other service provider or vendor who furnishes services, devices, or products to the customer for our service will be liable for unauthorized access to our or your transmission facilities or premises equipment or for unauthorized access to, or alteration, theft, or destruction of, your data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of Perimetersafe's or its service providers' or vendors' negligence.
Statements and descriptions concerning our service or device, if any, by Perimetersafe or Perimetersafe's agents or suppliers are informational and are not given as a warranty of any kind.
Although Perimetersafe attempts to provide accurate information on the Perimetersafe web sites, Perimetersafe assumes no responsibility for the accuracy of the information. Perimetersafe may change the programs or products mentioned at any time without notice.
9 - Limitation of Liability
IN NO EVENT SHALL PERIMETERSAFE, ITS DIRECTORS, AFFILIATES, EMPLOYEES, LICENSORS OR NETWORK SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, CLAIMS, OR COSTS, SUCH AS BUT NOT LIMITED TO LOSS OF GOODWILL, PROFIT OR DATA OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND/OR THE TRANSACTIONS CONTEMPLATED HEREUNDER, INCLUDING THE USE OF OR INABILITY TO USE THE PERIMETERSAFE WEB SITES, SERVICES AND/OR PRODUCTS, THE INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE EMERGENCY DIALING SERVICE OR TO OBTAIN EMERGENCY HELP, AND UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, EVEN IF PERIMETERSAFE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, AS WELL AS CAPTURING INGOING AND OUTGOING DATA, PERIMETERSAFE DOES NOT WARRANT THAT THE PRODUCT, SOFTWARE OR SERVICES, OR ANY EQUIPMENT, SYSTEM OR NETWORK ON WHICH THE PRODUCT, SOFTWARE OR SERVICES ARE USED WILL BE FREE OF VULNERABILITY TO INTRUSION, ATTACK OR CAPTURING OF DATA.
SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS SET FORTH IN THIS SECTION 8 MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10 - Ownership of feedback
Perimetersafe welcomes your comments and feedback regarding our products, services, and web sites. With respect to all information and materials transmitted or posted to this web site, including but not limited to comments, feedback, ideas, questions, designs, suggestions, data, and graphics ("Contributions"), you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Perimetersafe is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Perimetersafe shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Perimetersafe may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Perimetersafe without any obligation of Perimetersafe to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Perimetersafe under any circumstances.
11 - Collection and use of personal information
In addition, Perimetersafe has the Data Protection Policy that sets out our commitment to protecting personal data and how we implement that commitment with regards to the collection and use of personal data. We encourage you to carefully review the Data Protection Policy as well.
12 - Third party links
Perimetersafe may provide links to other web sites that we think may be relevant and interesting to our users ("Third Party Links"). Perimetersafe is not responsible for the content on the Third Party Links and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Third Party Links may provide you with opportunities to purchase products. We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.
13 - Indemnity
You will indemnify and hold harmless Perimetersafe and its directors, affiliates, employees and licensors, and any other service provider who furnishes services to you for our service, from and against any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys' fees): (A) made by any third party due to or arising out of your breach of this agreement, or your violation of any law or the rights of a third party, and (B) incurred by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, use of our service by you or others using your account (whether or not such usage is expressly authorized by you).
Perimetersafe shall not be responsible for any infringement related to or resulting from, either directly or indirectly, use of the Perimetersafe web sites, the Services, the products, or otherwise.
14 - Liability for Content
You are responsible for all liability that may arise from the content transmitted to any person, whether or not you authorize it, using your service or device. You promise that you and anyone who uses your service and all your and their content will comply at all times with all laws, regulations, and written and electronic terms and conditions for using the Perimetersafe web sites, services and products.
15 - Availability of Services
Subject to the terms and conditions of this Agreement, Perimetersafe will use commercially reasonable efforts to provide access to the Services twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You acknowledge and agree that from time to time, the Services may be inaccessible or inoperable for various reasons, including: periodic maintenance procedures or upgrades (‘Scheduled Downtime’); software malfunctions; and causes caused by third parties or otherwise beyond Perimetersafe’s control or which are not reasonably foreseeable by Perimetersafe, including the interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, third-party failures or other failures (collectively ‘Non-Scheduled Downtime’). Perimetersafe will use commercially reasonable efforts to minimize any disruption, inaccessibility and/or inoperability of the Services in connection with a Non-Scheduled Downtime.
In the event Perimetersafe discovers or is notified by you of the existence of Non-Scheduled Downtime, Perimetersafe will take reasonable actions to determine the source of the problem. If the source of the problem is outside of the control of Perimetersafe, we will use commercially reasonable efforts to notify the party(ies) responsible and cooperate with such party(ies) to resolve the problem as soon as possible. If the source of the problem is within the control of Perimetersafe, we will use commercially reasonable efforts to resolve the problem as quickly as is reasonably possible after determining the source of the Non-Scheduled Downtime. However, it is also important to note that the source of any issues with the Services could be related to your own internet connection or the improper, inadequate or unsupported performance of your Device, computer, mobile device or other hardware or firmware installed on your Device.
YOU AGREE THAT PERIMETERSAFE IS NOT LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SUSPENSION, DISRUPTION, OUTAGES, ALTERATION OR DISCONTINUATION OF ANY PART OF THE SERVICES OR SITE FUNCTIONALITY THAT IS CAUSED BY ANYTHING OUT OF THE CONTROL OF PERIMETERSAFE, INCLUDING, WITHOUT LIMITATION, AN INADEQUATE OR UNSTABLE INTERNET CONNECTION FOR THE DEVICE OR THE SERVICES, DEVICE OR HARDWARE MALFUNCTIONS OR INADEQUACIES, OR ANY FAILURES OF ANY THIRD PARTY.
16 - Fair Usage Policy
Perimetersafe’s fair usage policy (FUP) is designed to prevent abuse of our products & services.
Video Clips on Perimetersafe Cloud
Storage of Video Clips are subject to a fair usage limit of 80 video clips per day for free plan. Storage of Video Clips are subject to a fair usage limit of 180 video clips per day for paid subscription plan. Once any of these limits have been reached, the servers may not take any more video uploads until after 23:59 local time. You will be informed through email and mobile application when the limit is reached.
You are responsible to ensure FUP is not violated by:
Ensuring device is placed in such a way that motion detection does not triggered extensively, (eg. high human traffic throughout the day)
Using Zoning feature on Software applications (if supported on device) to reduce the zone of active motion detection, or
Setting Motion Detection Schedule on Software applications (if supported on device) to detect motion at specific periods in a day.
17 - Returns and Refunds
The policy for returning a product to EBUYNOW is defined in the EBUYNOW Return Policy found at kodaksmarthome.com/return-policy which applies only after the transfer of title to the Purchaser is final. This document does not govern or apply to Goods owned by the Purchaser.
18 - Governing law and jurisdiction
Claims related to or arising under this agreement shall be governed by the laws of Canada, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. Please note that your use of the Perimetersafe web sites, services and/or products may be subject to other local, state, national, and international laws. You hereby agree to submit to exclusive jurisdiction of Canada for any claim or dispute arising out of or related to this Agreement, including claims related to the Perimetersafe web sites, services and products, and you further agree and expressly consent to the exercise of personal jurisdiction in Canada in connection with any such dispute, including any claim involving Perimetersafe or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. , subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
19 - Entire Agreement
This agreement, including any future modifications to its terms, and the rates for services found on the Perimetersafe web sites, constitute the entire agreement between you and Perimetersafe with respect to the subject matter hereof. This agreement governs your use of the Perimetersafe web sites, and the use of our services by the members of your household and your guests and employees. It supersedes all prior or contemporaneous statements, understandings, writings, commitments, representations and agreements between you and Perimetersafe concerning its subject matter.
20 - Open Source Code
Code is included in the Web Applications, Mobile Applications and Firmware on the Devices that is subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). Open Source Software is licensed under the terms of the license that accompanies the specific software. These Terms of Service do not restrict your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL and it is published in repositories online or available upon request.
The formal process to request access to open source code should be in writing. Format a simple request via e-mail or send a letter to the address below that contains the following information:
- A clear description, URL to, or screenshots of the component that is of interest to you. This will help us to identify which part of the software you are looking for.
- Your mailing address or e-mail address for correspondence.
- Your intended purpose for the request for our records. Such written notice should be sent to our designated agent as follows:
Email To: email@example.com
Perimetersafe Home Monitoring LTD
200-931 Fort St, Victoria,
BC V8V 3K3
21 - Survival
The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall so survive.
22 - Termination of service
We have the right to suspend or discontinue service generally, or to disconnect your service, at any time. In addition, we reserve the right to immediately disconnect your service at any time without notice on the following terms: (i) Unlawful or Inappropriate Use: If we determine that you have used the Perimetersafe web sites, services or products for an unlawful or inappropriate purpose, or if we determine that your use or content does not conform to the requirements in this agreement or that it interferes with our ability to provide service to you or others. (ii) Non-payment: If any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method, or in case of any other non-payment of account charges. (iii) Violation of laws of jurisdiction: If we determine that you have used the Perimetersafe web sites, services or products in violation of any applicable local, state, national, and/or international laws and regulations.
23 - Response to Law Enforcement Inquiries
Perimetersafe will not view or access, or allow third parties to view or access, any data or content associated with your account. However, Perimetersafe undertakes no duty to resist any effort by law enforcement officials to obtain access to stored data, including content associated with an account or a specific Device, if Perimetersafe is presented with a warrant, subpoena, court orders or other law enforcement requests for such data or content. You acknowledge that Perimetersafe has no obligation to notify you of any such warrants, subpoenas, court orders or other law enforcement requests and, in some cases, Perimetersafe may be compelled to refrain from notifying you of such requests. Perimetersafe’s compliance with any warrant, subpoena, court orders or other law enforcement requests shall in no way be interpreted as Perimetersafe’s agreement or acquiescence to be governed by or subject to the laws of the subject jurisdiction or to be subject to personal jurisdiction of such jurisdiction.
You may read further on our Data Request Policy to understand our commitment and procedures.
24 - No third party beneficiaries
If you are not a party to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any other third party beneficiary rights.
25 - Legal age
You promise that you are of legal age to enter into this agreement and that you have read and understand fully its terms and conditions.
26 - Contact
If you have any questions or concerns about this agreement or any issues raised in this agreement or on the Perimetersafe web sites, please contact us at email firstname.lastname@example.org