Terms of Service
Last Updated on July 06, 2018
Dear friends, welcome to meShare! Thank you for choosing meShare's websites, services, devices and apps (“Services”). meShare ("we", "us" or "our") is THE global leading IOT platform provider. We are connecting everything, and most importantly, YOU.
Binding Contract. The Agreement serves as a guide to help you understand our Services, and also constitutes a legally binding agreement between you and meShare. Your use of our Services indicates that you have read, accepted and agreed to the Agreement and constitutes your consent to the Agreement too. You also agree that by registering, accessing or using our Services, including our free Services, you have agreed to this Agreement, which is a legally binding contract between you and meShare.
Age. As a principle of law, only persons with legal capacity can form a binding contract with others. In order to protect minors (i.e., people who are under 13 years old) from entering into a contract which they are not prepared or ready to understand yet, only individuals aged 13 and older are deemed by us to potentially have the legal capacity. Accordingly, (1) if you are under 13, we cannot offer Services to you because it is our responsibility to protect you, so please discontinue the use of our Services in the future; (2) if you are between 13 and 18 (or equivalent minimum age in the jurisdiction where you reside), you will only use the Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. But in any event, please rest assured; when you hit the age of majority in your jurisdiction, we will be thrilled and even more prepared to welcome you back. BY USING OUR SERVICES, YOU REPRESENT AND WARRANTY TO US THAT YOU ARE OVER THE AGE OF 18 (OR EQUIVALENT MINIMUM AGE IN THE JURISDICTION WHERE YOU RESIDE).
Get Help. IN THE EVENT OF ANY LIFE/SAFETY EMERGENCY, PLEASE CONTACT THE POLICE, FIRE DEPARTMENT, 911 OR ANY OTHER APPROPRIATE EMERGENCY RESPONSE SERVICE IMMEDIATELY. Our Customer Care team and other staff are not prepared to assist you in those situations yet, so please do not contact them or other meShare staff if any emergency occurs. It is important to us that you are put in the safe hands ASAP.
IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU WILL HAVE TO IMMEDIATELY CEASE USING AND/OR ACCESSING OUR SERVICES. But we will be thrilled to welcome you back when you change your mind and give a stamp of "yes" to this Agreement.
2. Cloud Plan
We offer 2 types of cloud plans:
Premium Plan – Under the Premium Plan, you enjoy 7-day intelligent continuous cloud recording; alert clips will be stored in the meShare cloud. The earliest 24-hour recording of your 7-day cloud recordings will be first deleted from the cloud server automatically by the system once your period of cloud storage hits 7 days (24 hours * 7). PLEASE ALWAYS REMEMBER TO DOWNLOAD AND/OR BACK UP ANY CLOUD RECORDINGS OR ALERT CLIPS THAT YOU WOULD LIKE TO RETAIN BEYOND THE STORAGE PERIOD IN YOUR PREMIUM PLAN. MESHARE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOST CLOUD RECORDINGS OR ALERT CLIPS THAT YOU FAIL TO DOWNLOAD OR BACK UP IN TIME.
Platinum Plan – Under the Platinum Plan, you enjoy 30-day intelligent continuous cloud recording; alert clips will be stored in the meShare cloud. The earliest 24-hour recording of your 30-day cloud recordings will be first deleted from the cloud server automatically by the system once your period of cloud storage hits 30 days (24 hours * 30). PLEASE ALWAYS REMEMBER TO DOWNLOAD AND/OR BACK UP ANY CLOUD RECORDINGS OR ALERT CLIPS THAT YOU WOULD LIKE TO RETAIN BEYOND THE STORAGE PERIOD IN YOUR PLATINUM PLAN. MESHARE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOST CLOUD RECORDINGS OR ALERT CLIPS THAT YOU FAIL TO DOWNLOAD OR BACK UP IN TIME.
Cloud Plan Billing. For each of the Premium and Platinum Plan, you may initially subscribe for 1 month, 6 months or 1 year. In order to make sure that your continuing use of our Services is not disrupted, your subscription of 1 month, 6 months or 1 year, as applicable, will be automatically renewed when your initial subscription expires, unless and only if you choose to unsubscribe from us.
3. Submitted Content
Certain materials may be displayed or performed on our Services, such as text, graphics, articles, photographs, audio and video recordings, images, and illustrations some or all of which are protected by law ("Content"). Content includes information, photos and video and audio clips that you and other users contribute, upload, post, transmit or provide us in the course of using our Services, and also includes comments, questions, feedback or other information that you and others transmit to us.
The way you use the Contents should not be in violation of applicable law, third-party intellectual property rights or good public morals. If we decide in good faith that you use your Contents in contrivance of the preceding sentence, we reserve the rights to remove or delete such Contents promptly, possibly without notifying you first as required by applicable rules.
4. User Account
Information. When registering a meShare account, you agree to provide to us true and correct information during and to keep your information up to date.
Password. Please always try to choose a strong and secure password, and keep your password secure and confidential. Please notify us immediately once you become aware of. You are responsible for anything that happens through your account unless you close it or report misuse.
Impersonate. Each person is born equal and with their unique identifying information; such information is his/her sole rights and exclusive property. In our meShare ecosystem, we are the guardian of everyone’s identifying information. If someone tries to impersonate you using your identifying information in a manner we deems inappropriate, we reserve the right to refuse registration of or cancel the imposter’s user account, or to suspend part or all of the imposter’s Services.
5. Acceptable Use
You agree to comply with all applicable laws, including, without limitation, privacy and data protection laws, intellectual property laws and other rights of any third party, tax laws, and other regulatory requirements in connection with your use of the Services. This may include applicable laws requiring you to obtain appropriate licenses, consents and permits before using the Services or Products.
6. Intellectual Property
We and our licensors reserve all of our intellectual property rights in or relating to the Services. You will not gain any ownership or any proprietary rights in these intellectual property (including patents, copyrights, trademarks).
You and meShare are legally obligated to NOT infringe third-party intellectual property rights. Your Contents and/or the way you use your Contents should not violate any third-party intellectual property rights. If there is any violation by you, we reserve the rights to take appropriate steps in good faith to rectify the violation, including remove the alleged infringing Contents promptly. We will exercise our best efforts under the circumstances then to try to notify you.
7. Software in the Services
meShare's Services include software. Software may be updated automatically on your web browser or device once a new version or feature is available. You may be able to adjust your automatic update settings on your device's operating system.
Any software component embodied in the Services (including devices) is licensed to you, and not sold. We (and our licensors) provide you with a personal, worldwide, non-assignable, non-sub-licensable, non-exclusive licence to use the software provided to you as part of the Service and Products. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in accordance with this Agreement.
8. Product Delivery
If you order a device from us, we will use reasonably commercially endeavors to deliver the Product as soon as possible but occasionally our delivery to you may be affected by an event outside our control. But we will do what we can to accommodate you.
9. Limitation of Liability
IN NO EVENT SHALL MESHARE OR ITS DEVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SERVICES AND ANY PRODUCTS OR ADDITIONAL SERVICES PURCHASED THROUGH THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND MESHARE'S REASONABLE CONTROL. TO THE EXTENT A JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND EXCLUSIONS DO NOT APPLY.
This Agreement becomes effective and thus binding on you the moment you start using the meShare Services.
We may suspend or terminate with immediate effect your access to the Services (in whole or in part) or your account if we reasonably believe that you are or may be in breach of this Agreement or law, are or may be misusing the Services, or if we are investigating suspected misconduct.
Termination or expiration of this Agreement for any reason shall not release either you or meShare from any liabilities or obligations set forth in this Agreement which (i) the you and meShare have expressly agreed shall survive any such termination or expiration, or (ii) remain to be performed or by their nature would be intended to be applicable following any such termination or expiration.
11. Governing Law
This Agreement is governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law rules.
meShare. "meShare" means meShare, Inc. with its principle offices at 48389 Fremont Blvd., Suites 106-108, Fremont, CA, 94538.
Severability. If any provision of this Agreement is held to be illegal or unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
Force Majeure. We are not liable for any failure or delay to perform our obligations under this Agreement where the failure is due to anything beyond our reasonable control (for example, natural disasters, flood, fire, acts of terror, malicious damage, compliance with any law or governmental order, or mechanical, electronic or communications failure or degradation).
No waiver. If we fail to insist that you perform any of your obligations under this Agreement or we do not act or delay in acting to in exercise a right or remedy provided by this Agreement that does not mean we have waived our rights or remedies against you and will not mean that you do not have to comply with your obligations.
Language. meShare is a global IOT platform provider. This Agreement may be translated into other languages otherwise than English. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only.
Assignment. You may not transfer or assign this Agreement (or your user account) to anyone without our written consent. We may assign or transfer this Agreement to our affiliates or to a party that buys us or an affiliate or parent of ours without your consent by providing you with notice.
No Partnership. You and us agree that no agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind us in any respect.
Entire Agreement. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the entire agreement between you and us and supersedes all prior representations or agreements for the Services. Headings are for reference purposes only and do not form part of this Agreement.
Amendments. Our legal department staff are buried in deadlines now. When we dig them out, they will update this Agreement from time to time as needed. We may notify you of such changes via email or otherwise reasonable means, depending on what our legal department has changed.
We are trying our best to make the terms and conditions of this Agreement as crystal-clear to you as possible. If you have any questions, please contact us: Address: meShare Inc., 48389 Fremont Blvd., Suites 106-108, Fremont, CA 94539, USA.
Toll Free: 866-686-5335
Local DID: 217-903-5752
Mon-Fri: 9:00am - 6:00pm CST
© Copyright 2018 meShare Inc. ALL RIGHTS RESERVED.