Terms of Service
Last Updated on November 9, 2018
Dear friends, welcome to meShare! Thank you for choosing meShare's products, 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.
The Agreement. Our Privacy Notice, Two-year Limited Warranty, Open Source Agreement, Software End User Licensing Agreement and Sales Terms are incorporated into this Terms of Services (collectively referred to as the "Agreement") by reference as if fully set forth herein.
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. Accordingly, (1) if you are under 18, 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 the equivalent minimum age in the jurisdiction where you reside), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. BY USING OUR SERVICES, YOU REPRESENT AND WARRANT TO US THAT YOU ARE OVER THE AGE OF 18 (OR EQUIVALENT MINIMUM AGE IN THE JURISDICTION WHERE YOU RESIDE).
Not an Emergency Alert Service. meShare's Services are not designed to provide emergency alert services. By using meShare's Services you agree that they are not an emergency response system. Third-party emergency response solutions may be offered through meShare, but they will operate independently from meShare and meShare will not be responsible for any services provided by third parties.
IN THE EVENT OF ANY LIFE/SAFETY EMERGENCY, PLEASE CONTACT THE POLICE, FIRE DEPARTMENT, 911 OR ANY OTHER APPROPRIATE EMERGENCY RESPONSE SERVICE IMMEDIATELY INSTEAD OF MESHARE.
IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU WILL HAVE TO IMMEDIATELY CEASE USING AND/OR ACCESSING OUR SERVICES. Cloud Plans
We offer two 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 first-day recording (00:00-24:00) in your 7-day cloud plan will be deleted from the cloud server automatically by the system at 24:00 on the 7th day, even if less than 24 hours’ recording is stored on the first day. 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.
30-Day Refund Policy for Cloud Subscription. If you are unsatisfied with your cloud plan, meShare’s 30-day refund policy allows you to cancel your subscription for any reason within 30 days of your initial subscription and you will be eligible for a refund calculated on a pro rata basis. If you received a free device with your subscription as a result of the “subscribe and get a free device” promotion, you will need to return the device to meShare before any refund can be issued. If you subscribed to the cloud plan through the iOS in-app purchase, your subscription and billing are managed by Apple. You can cancel your Cloud Plan subscription from your iTunes account.
2. 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 or intellectual property rights. If we decide in good faith that your use of Contents is in violation of the preceding sentence, we reserve the rights to remove or delete such Contents promptly, with or without notifying you first.
3. User Account
Information. When registering a meShare account, you agree to provide to us true and correct information and to keep your information up to date.
Account Security. You are entirely responsible for maintaining the confidentiality of your Account information. 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 that any of your Account information has been comprised. You are responsible for anything that happens through your account unless you close it. meShare is not liable for any loss or damage caused by your failure to comply with these requirements.
4. Access to Services
Limited Access. While we aim for meShare's Services to be reliable and available, they are not intended to be reliable and available 100% of the time. The Services are subject to interruptions and failures for a variety of reasons. By using the Services, you acknowledge these limitations and agree that meShare is not responsible for any damages or losses allegedly caused by any interruptions or failures, including but not limited to, any damages or losses related to the malfunction or other issue with a non-meShare device and/or the use of any third-party products or services you have chosen to interface with through meShare.
Internet service provider and cell phone charges. Some meShare Services require the use of an internet connection. You are responsible for any service charges incurred as a result of using or accessing the Services and acknowledge and agree that you will be solely responsible for any and all disputes with any internet service provider or cell phone provider related to the use of meShare Services in any way.
5. Third-party Integration
meShare-provided interface to third-party products and services. meShare may offer the opportunity to interface with products and services from third parties. These interactions are voluntary, and your explicit consent is required for these interfaces to occur. By authorizing such interfaces, you consent to meShare sharing data, including personal information, with these third parties to enable the interface you have authorized. meShare makes no representations or warranties about the quality or safety of any third-party products or services or the interface with third-party products or services. meShare is not responsible for your use of third-party products or services, or any personal injury, death, property damage, or other harm or losses of any type arising from or relating to your use of any third-party products or services.
Some local governments require special permits and registration for emergency response systems. You acknowledge that meShare is not responsible for obtaining, maintaining or renewing any applicable permit or registration and is not responsible for any losses or damages, including but not limited to, fines and penalties that may arise from a failure to obtain, maintain or renew any permit or registration.
6. 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.
By using our Services, you further agree that you are not located in an embargoed country and are not listed as a prohibited or restricted party under applicable export control laws and regulations.
7. 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.
meShare's Services include software. Software may be updated automatically on your web browser or device once a new version or feature is available. By using meShare's Services you consent to allow these automatic updates. You acknowledge that you may be required to install any updates or other modifications in order to continue using meShare's Services. 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 license to use the software provided to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in accordance with this Agreement.
9. 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.
10. Privacy and Data Protection
By using our Services you agree that you understand and consent to meShare's collection, storage and use of your personal data pursuant to meShare’s Privacy Notice. The Privacy Notice may be updated from time to time so you should check it regularly.
THE WARRANTY FOR PRODUCTS IS SET FORTH IN THE LIMITED WARRANTY. THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, "AS IS" AND "AS AVAILABLE" AND MESHARE AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
MESHARE AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MESHARE OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.
MESHARE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE PRODUCTS OR SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICES, AND MESHARE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.
WHEN YOU INSTALL, SETUP OR USE PRODUCTS AND SERVICES LIKE THOSE PROVIDED BY MESHARE YOU ARE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE DAMAGE OR LEAD TO NON-RECOMMENDED OPERATION OF YOUR CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR SUCH DAMAGE WHEN YOU CHOOSE PARTICULAR SETTINGS OR SET OR ADJUST DEFAULTS.
MESHARE MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND MESHARE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. MESHARE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT MESHARE IS NOT RESPONSIBLE FOR ANY CLAIM OR LIABILITY ALLEGEDLY CAUSED BY OR ARISING OUT OF OR IN CONNECTION WITH TRANSMISSION ERRORS.
YOU UNDERSTAND AND AGREE THAT MESHARE’S SERVICES, WHETHER OR NOT COMBINED OR INTEGRATED WITH THIRD PARTY SERVICES, DO NOT ELIMINATE OR NECESSARILY REDUCE THE LIKELIHOOD OF EVENTS OF OCCURRENCES SUCH AS BURGLARIES, ROBBERIES, FIRES, FLOODS, OR OTHER CRIMES AND NATURAL EVENTS. MESHARE MAKES NO WARRANTY OR REPRESENTATIONS (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) TO THIS EFFECT AND WILL NOT BE LIABLE FOR ANY DAMAGES.
12. 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 6-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.
YOU AGREE TO INDEMNIFY AND HOLD MESHARE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES HARMLESS (INCLUDING, WITHOUT LIMITATION, FROM ALL DAMAGES, LIABILITIES, SETTLEMENTS, COSTS AND ATTORNEYS' FEES) FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR ACCESS TO THE SERVICE, USE OF THE SERVICE, YOUR VIOLATION OF THIS AGREEMENT, OR THE INFRINGEMENT BY YOU OR ANY THIRD PARTY USING YOUR ACCOUNT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
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) and/or your account if we reasonably believe that you are or may be in breach of this Agreement or any applicable 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) 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.
15. International Use
By using meShare's Services, you give meShare permission to collect, process, and store data as described in its Privacy Notice. meShare's servers are located in the United States of America and your information, including personal data, may be transferred to the United States and processed and stored there. Your information, including personal data, may also be transferred and processed in other countries where meShare operates. These countries may not have privacy laws similar to or as comprehensive as the laws where you reside and/or are a citizen. When we transfer your personal information to other countries, we will protect that information as described in our Data Protection and Privacy Notice or as disclosed to you at the time of data collection. By using meShare's Services, or by accessing its websites you explicitly consent to this transferring, processing, and storage of your information, including personal information.
16. International Use
This Agreement is governed and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict of law rules.
meShare. "meShare" means meShare, Inc. with its principle offices at 1401 Interstate Drive, Champaign, IL 61822.
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.
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. This Agreement will be updated from time to time on a need-to-update basis. We may notify you of such changes via email or otherwise reasonable means, depending on what our legal department has changed. The fun guy in our Legal Department will return and this Agreement will be more fun to read. We promise that!
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., 1401 Interstate Drive, Champaign, IL 61822.
Phone: 217-903-5752; 866-686-5335 (toll free)
Mon-Fri: 9:00am - 6:00pm CST
© Copyright 2018 meShare Inc. ALL RIGHTS RESERVED.