Terms of use

Effective: 15th of May 2021
Version: 1.0
Country: US 

Welcome to Kamia!

The Services defined herein are provided by Zhenyi Technologies Co., Ltd., its affiliates and subsidiaries. This document may refer to the service provider as ” Zhenyi Technologies Co., Ltd.,” “Zhenyi,” “Kamia,” “we,” “us,” or “our.”

Kamia provides:(1) Kamia hardware products (“Products”), (2) website(s) that may be accessed at http://www.kamiatech.com , and all associated web pages, websites and corresponding social media pages of Kamia (collectively, the “Site”), (3) software that may be downloaded to your smartphone or tablet to access services (“Mobile Apps”), and (4) subscription services, including services that can be accessed using the Mobile Apps (“Subscription Services”). The term “Services” means the Sites, Mobile Apps, and Subscription Services, which may be used in conjunction with Products and in other ways provided by Kamia. Some Products and Services of Kamia can be used together or in ways that integrate with products and services from third parties.

Your use of the Products and Services are governed by these Terms of Use (the “Terms”) and any applicable additional guidelines, terms or rules. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be presented through the Services in connection with such features (for example, additional terms of service for Kamia Care). You must review and agree to the additional guidelines, terms, or rules before using such Services.

Your Acceptance

These Terms are a binding contract between you and Kamia. If you do not agree to and accept all of the Terms, do not use our Products or Services. By using the Products or Services in any way, you accept and agree to the Terms. The Terms shall remain in effect as long as you use the Products or Services. The Terms also incorporate Kamia’s Privacy Policy.

Eligibility

You must be at least 16 years of age to access, purchase, or use any of our Products or Services. If you are under 16 years of age, do not use, purchase or sign up for any Products or Services. If you are under the age of 18 (or the age of legal majority where you live), you may use our Products or Services only under the supervision of a parent or legal guardian who has reviewed and agreed to these Terms. Any parent or legal guardian of a user under the age of 18 (or the age of legal majority) who has reviewed these Terms as required by the previous sentence, hereby agrees to be fully responsible for the acts or omissions of such user in relation to the use of our Products or Services. If you use our Products or Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you, the person, or the entity violate these Terms, both you and the other person or entity agree to be jointly and severally responsible and liable for any such violation.

Accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Site from locations outside the United States and Canada, you do so at your own risk.

Modifications to Terms

We may make changes to these Terms from time to time. We may provide notifications to you as required by law or for marketing or other purposes via email (to the email address you provide our Services), or by posting of such notice on the Site(s). Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Products or Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services. Your continued use of the Services will be deemed as irrevocable acceptance of any updates to these Terms.

Your Account

To use certain Services and Products, you may be required to register or sign up for a user account with Kamia (“Account”) and provide certain information about yourself, as prompted by the applicable sign up screen or registration form. You represent and warrant that: (a) all required registration and Account information that you submit is truthful, current and accurate; (b) you will maintain the accuracy of such information; (c) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; (d) you are not listed on any U.S. Government list of prohibited or restricted parties; and (e) your use of the Products or Services will not violate any United States or other applicable law or regulation.

You must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

Kamia may suspend or terminate your Account and/or access to the Services at any time upon becoming aware of any violation or threatened violation of the Terms, any security or other threat to our systems, technology, business or to other people, or other matters warranting such suspension or termination. We are not responsible for any loss or harm related to your inability to access or use our Services.

Fees and Payment

Some Services may be provided for a fee, either now or in the future. You may elect, but are not obligated, to subscribe to such Service(s). If you elect to subscribe to such Service(s), you will pay the applicable fees in connection with such Service(s) in accordance with the amounts and payment terms (including due dates) specified in the applicable Supplemental Terms. We may change the prices and institute new charges after providing at least 10 days prior notice to you. This notice may be delivered by email to you or by posting it on the Services. Your continued use of the features following such notification constitutes your acceptance of any change to the fees.

Limited Warranty and Disclaimers

Our Products and Services are intended to be accessed and used for non-critical, non-commercial, home-based, personal uses and not for safety, security or time-sensitive purposes. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Products and Services are subject to sporadic interruptions and failures for a variety of reasons, including those beyond Kamia’s control, such as Wi-Fi intermittency, service provider uptime, and mobile operators, among others. Kamia shall not be responsible or liable for any loss or damage incurred by the failure of delay of the Services or Products.

THE KAMIA PRODUCTS AND SERVICES ARE NOT A MONITORED EMERGENCY NOTIFICATION SYSTEM AND UNDER NO CIRCUMSTANCES WILL KAMIA DISPATCH EMERGENCY SERVICES TO YOU IN THE EVENT OF AN EMERGENCY. Services are provided for informational purposes only; the Products and Services, whether standing alone or when interfaced with third party products and services, are not certified for emergency response, unless expressly approved and certified by Kamia. Further, it is your responsibility to determine the appropriate response to all information you receive from the Services. All life threatening, safety and emergency events should be directed to the appropriate response services.

The Services may change over time, as we improve them. At any time, we may temporarily or permanently modify, suspend, discontinue, or restrict access to all or part of the Services and/or any related software, facilities, and services, with or without notice and/or to establish general guidelines and limitations on their use. Some such changes to the Services may render certain hardware devices, third-party services, configurations, or software setups inoperable. We may make such changes at our sole discretion and with or without notice.

Your use of our Products and Services is at your sole risk. Except as otherwise provided in a writing by us, our Products and Services and any content therein, including User Content, are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Kamia does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Kamia attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

The foregoing dose not affect any warranties that cannot be excluded or limited under applicable law.

Ownership and Intellectual Property

You acknowledge and agree that, except for physical Kamia Products that you may have purchased such as camera, the Services and the software embedded in the Product (and any updates thereto) (“Product Software”) are licensed, not sold, to you. You do not acquire any ownership interest in any Service or Product Software under these Terms, or any other rights thereto other than to use such Service and Product Software in accordance with the license granted, and subject to all terms, conditions, and restrictions under these Terms. Kamia retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it.

Your right to make use of the Services and any content appearing on it is subject to your compliance with these Terms. Modification or use of the content on the Services for any purpose not permitted by these Terms may be a violation of the IP Rights protected by law and these Terms and is prohibited.

You may not use the content of the Services in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own website without the prior written consent of Kamia. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services or any content therein. Modifying, translating, adapting, or otherwise creating derivative works and improvements, decompiling, decoding, reverse engineering, disassembling, or otherwise reducing the code used in any software in connection with the Services into a readable form in order to examine the source code or construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

User content

You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content, including, without limitation, reviews, responses, profile entries, posts, questions, videos, images, and audios that you upload, post, email, transmit, or otherwise disseminate using.

You grant us permission, without any compensation or obligation to you, to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account for the limited purpose of providing Services to you, improving our Products and Services, developing new Products and Services. “Content” means all audio, video, images, text, or other types of content captured by our Products or provided to us in connection with the Services. Without limiting any of those representations or warranties, we reserve the right, but shall not be obligated, to refuse or remove any Content from the Services at any time in our sole and absolute discretion. You also grant us an unlimited, irrevocable, fee free and royalty-free, perpetual, worldwide right to use, reproduce, adapt, distribute, store, delete, translate, copy, modify, display, and create derivative works from such Content that you share through our Services, Website or via a share link, for any purpose and in any media format. You agree that you will indemnify us for all claims and resulting from Content you share through our Services, Website or via a share link.

You may choose to or Kamia may invite you to submit comments, suggestions or ideas about our Products or Services, including how to improve the Products or Services (“Feedback”). By submitting or providing any Feedback, you agree that your submissions are voluntary, gratuitous and without restriction, and will not place Kamia under any obligations to you or any other party. Kamia may use, copy, modify, publish or redistribute the Feedback and its contents for any purpose and in any way without any compensation to you. Kamia does not waive any rights to use similar or related ideas previously known to Kamia, developed by its employees or obtained from other sources.

Kamia will consider anything you provide to us and/or contribute to the Services as available for our use free of any obligations to you (including any payment). Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Services.

Restrictions on Use

In connection with your use of any Products or Services, you will not:

1. engage in any harassing, threatening, intimidating, predatory or stalking conduct;
2. impersonate or post on behalf of any person or entity without their authorization or otherwise misrepresent your affiliation with a person or entity;
3. use our Products or Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
4. send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; or
5. use our Products or Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

Enforcement of this Section is solely at Kamia’s discretion, and failure to enforce this Section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section does not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

Third-Party Services

You accept that Kamia 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 the Services. We encourage you to be aware of such agreements when you connect third-party services to the 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 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.

Termination

You are free to stop using the Services at any time. You understand and agree that we may or may not delete your User Content in the event that you stop using the Services. At any time, Kamia may suspend or terminate your rights to access or use the Services if Kamia in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms, or rules. If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates. The new owner will have no right to use the Product or Services under your account and will need to register for a separate account with Kamia unless the new owner already has an account with Kamia that can be connected to that Product or Service.

You understand and agree that we may retain copies of such User 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 User 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 Kamia.

Product Specifications, Pricing, Typographical Errors

We do our best to describe every product or service offered on the Services as accurately as possible. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, availability, accuracy or currency of any information on the Site. In the event of any errors relating to the pricing or specifications, Kamia shall have the right to refuse or cancel any orders in its sole discretion. If a product you purchased from Kamia is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KAMIA AND THE OTHER KAMIA PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF KAMIA OR THE OTHER KAMIA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL LIABILITY OF KAMIA AND THE OTHER KAMIA PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR PRODUCTS OR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO PURCHASE OUR PRODUCTS OR USE OUR SERVICES, AS APPLICABLE.

THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Indemnity

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Kamia, our affiliates and each of our respective officers, directors, employees, agents, licensors and suppliers (individually and collectively, the “Kamia Parties”) from and against any and all losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to: (i) your access to or use of the Products or Services; (ii) your User Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (v) your conduct in connection with the Products or Services. Nothing contained herein will be construed to require any indemnification which would render or make this clause, in whole or in part, void and/or unenforceable under applicable law. However, your indemnification obligation will not apply to any willful, wanton, intentional or reckless misconduct of the Kamia Parties, or gross negligence of the Kamia Parties in those states that do not permit indemnification for gross negligence. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Kamia or the other Kamia Parties.

You will promptly notify Kamia Parties of any third-party Claims, cooperate with Kamia Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). Kamia reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Kamia, and you will cooperate with our defense of such third-party Claims. You will not to settle any third-party Claim without Kamia’s prior written consent. Kamia will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Local Regulation

Kamia makes no representation that Materials or other content on the Services are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Services from other locations, you do so on your own initiative and at your own risk.

You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

Export and Sanctions Compliance

You may not export or re-export Kamia’s Products, Services or related technology, or any content contained therein, except as authorized by export control and sanctions laws of the United States and any other government having jurisdiction. In particular, but without limitation, the Products and Services, and the technology and the content contained therein, may not be exported or re-exported to (a) any U.S. sanctioned or embargoed countries or regions; or (b) any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce Denied Person’s List or Entity List, or other U.S. sanctions or export control lists.

Automatic Software Updates

Kamia may from time to time in its sole discretion develop and provide updates to its Services and/or Product Software, which may include upgrades, bug fixes, patches, other error corrections, security fixes and/or new features (collectively, including related documentation, if any, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either: (a) the Services will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms.

Updates to the Product Software may be automatically installed without providing any additional notices or receiving any additional consent. You consent to such automatic updates. If you do not want such automatic Updates, your remedy is to terminate your account and to stop using the Product Software and applicable Products. If you do not terminate a previously created account, you will receive Updates automatically.

Assignment

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 Kamia’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Miscellaneous

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 Kamia agree that the Terms and the Privacy Policy incorporated herein are the complete set of understanding between both parties and that they supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms; it being understood that the terms of express warranties accompanying the purchase of Kamia products are in addition to such 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 Kamia in any respect whatsoever. Except as expressly set forth in the sections above regarding the Apple Application and Android Application, you and Kamia agree there are no third-party beneficiaries intended under these Terms. If any provision of these Terms 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.

Notice to California Residents

Under California Civil Code Section 1789.3, California residents who use the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

How to Contact Us

Please forward any comments or complaints about the Services to:

Zhenyi Technologies Co., Ltd.
support@kamiatech.com