HomeCamera :: Terms and Conditions

This End-User Software License Agreement and Terms and Conditions govern the use of the accompanying software. By clicking on the "Accept" Button or by downloading or installing the software, you agree to all the terms of this agreement. If you do not agree to any of the terms of this agreement, you must not accept, download or install the software. We may change these terms at any time by posting changes at www.homecamera.com; such changes shall become effective within thirty (30) days of such posting. Please review these terms regularly to ensure you are aware of these changes. Your continued use of the software after the expiry of the 30-day period shall constitute your acceptance to the changes.

Jurisdiction & Governing Law
1. Pechora Technologies is a company incorporated in Singapore. This agreement shall be governed by the laws of the Republic of Singapore, a country that is internationally praised for ethical business, good clean governance, and an efficient judiciary.
2. To the extent not prohibited by applicable law, it is agreed between Pechora Technologies and yourself that the exclusive remedy for all disputes arising out of this agreement or the software (the "Software") shall be final and binding arbitration in Singapore. Further details on the arbitration can be found in clause 16 below.
Downloading of Software
Although Pechora Technologies has a strict policy of checking all software available for downloading, and uses up-to-date virus scanning technology, you should understand that we cannot guarantee that the Software available for downloading through this site will be free of infection or viruses, worms, trojan horses or other disabling or destructive contaminating codes. We therefore cannot be liable for any loss or damage to the computer on which you run the Software, or to other contents of the computer on which you run the Software. You are responsible for implementing sufficient safeguards against such attacks and for the backup of data. If you don't already have anti-virus software, you may want to consider AVG Anti-Virus, a free anti-virus tool provided by Grisoft, which some of our developers use on their home machines. (Our lawyers require us to add: "Pechora Technologies does not endorse the use of AVG Anti-Virus"; this is a helpful suggestion that is not an official recommendation and you use any third-party software at your own risk.)
No warranties
1. The Software is provided on an "as-is" and "as available" basis, and you assume all risks for the use of the Software. To the extent permitted under any applicable law, Pechora Technologies does not provide any warranty and representations of any kind, including without limitation, the warranties that it is free of defects, disabling programs, merchantable, fit for a particular purpose, or non-infringing. (To the best of our knowledge, at the time this document was initially written, the Software was indeed free of defects, disabling programs, and was indeed fit for many-a-purpose. Your mileage may vary.
2. In addition, while reasonable commercial efforts are made to deliver high quality software, the Software has inherent limitations, and you must satisfy yourself as to the compatibility, security, quality or fitness of the Software in respect of the particular use which you have in mind. Should the Software prove defective in any respect, you and not Pechora Technologies assume the entire cost of any service and repair.
3. Where the Software or webcam service cannot be used, please note that the sole remedy provided by Pechora Technologies to you shall be either:-
  1. the provision of another copy of the Software; or
  2. the refund of the subscription fees paid by you for the period during which the webcam service was unavailable for a continuous period of longer than 48 hours due to any shutdown of the aaa.com server(s).
  This disclaimer of warranty constitutes an essential part of this agreement. Please take particular note of this.
4. You are solely responsible for adequate protection and backup of data and equipment used in connection with the Software. We urge all users to maintain back-up versions of the webcam content to guard against losses of any kind. That said, it might interest you to know that our servers are regularly backed up and all hard drives are backed up in real-time through RAID. Still, our lawyers said "what IF something happens?.?"
5. Please note that there may be situations where Pechora Technologies has no alternative but to modify, upgrade, suspend or discontinue the service (or part thereof), and it may not be possible for us to notify you in advance. You agree that Pechora Technologies will not be liable to you or any third party for such modification, upgrading, suspension or discontinuance.
High Risk Critical Activities
1. Pechora Technologies does not recommend the use of the Software for critical situations. The Software is not a substitute for professional security systems and equipment. That said, many of our users are quite happy using the Software for this purpose and it is generally quite adequate for home / small office needs that are non-critical in nature.
2. Neither is the Software designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, security and related monitoring systems, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, financial loss, loss of reputation and/or environmental damage ("High Risk Activities").
3. Accordingly, Pechora Technologies specifically disclaims any warranty for fitness for critical situations and/or High Risk Activities. You agree that we will not be liable for any claims or damages arising from the use of the Software in such applications.
Limitation of Liability
1. To the maximum extent permitted by applicable law, Pechora Technologies will not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages arising out of the use of, delay or inability to use the Software. These include without limitation, damages for loss of goodwill, loss of data, work stoppage, computer failure or malfunction, or any other commercial damages or losses.
2. In any case, WPechora Technologies' entire liability under any provision of this agreement shall not exceed in the aggregate the sum of the fees you paid directly to Pechora Technologies for this license, and fees for support of the Software received by Pechora Technologies directly from you under a separate support agreement (if any).
3. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. In such event the liability will be limited as far as legally possible under applicable laws.
4. Please note that Pechora Technologies will also not be liable for any loss arising from:-
  1. your use of or reliance on equipment, servers, payment authorisation systems and other software in conjunction with the Software;
  2. the acts or omissions of other service providers (including but not limited to internet service providers and cellular service providers); or
  3. the improper or incorrect use of the Software or any equipment in conjunction with the Software, as they are not within the control of Pechora Technologies.
5. Regrettably, as our service is provided through the internet and your cellular device, both of which are not within our control, we cannot underwrite any risks associated with their use. You understand that you are solely responsible for your own telecommunications and network connections and Pechora Technologies shall not be responsible for any disruption, breakdown or other failure in the service arising from these connections.
6. Further, Pechora Technologies is not responsible for any liability arising out of content provided by you or a third party that is accessed through the Software and/or any material linked through such content.
Content
Do be considerate. You agree not to use the service to upload, post, capture or otherwise transmit any content that is offensive, objectionable, unlawful or invasive of another's privacy, copyright or other proprietary rights. Pechora Technologies does not pre-screen the contents but shall be entitled to remove any content or cameras that violate these terms of use.
License Grant
Pechora Technologies grants you a non-exclusive and non-transferable license to use for personal or internal business purposes the executable code version of the Software, provided any copy must contain all of the original proprietary notices and the executable code version of the Software must not be modified in any way. This license does not entitle you to receive from Pechora Technologies hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Software. You may not customize the Software unless you have separately entered into an agreement with Pechora Technologies permitting you to do so. You may not redistribute the Software unless you have separately entered into a distribution agreement with Pechora Technologies.
Your Account
1. Pechora Technologies shall not be liable for any loss or damage to contents transmitted through or using your account, or to the device through which you access the contents.
2. Please ensure that you guard your password and any other security information relating to your account at all times as Pechora Technologies will not be liable for any abuse or damage to your account or its contents by third parties whom you have consciously or inadvertently granted access to your account and/or its contents, as these are not within Pechora Technologies's control. You are fully responsible for all activities which occur under your account.
Restrictions
1. Except as otherwise expressly permitted in this agreement, or in another Pechora Technologies agreement to which you are a party, you may not:
  1. modify or create any derivative works of the Software or documentation, including translation or localization;
  2. decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Software;
  3. redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or
  4. remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software.
2. You agree that you shall only use the Software in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and documentation.
3. You may not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
Proprietary Rights / Privacy
1. Title, ownership rights, and intellectual property rights in the Software shall remain in Pechora Technologies and/or its Licensors. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Pechora Technologies / Wireless Intellect Labs' / other Licensors' ownership of or rights with respect to the Software. The Software is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. The license granted under this agreement gives you no rights to such content.
2. Otherwise, content you have accessed through your own cameras belongs to you, and we store them on the aaa.com server(s) purely as a service to you. Pechora Technologies will not use your content in any way without your explicit written permission. Further, Pechora Technologies will not access your private cameras unless you specifically request us to do so for trouble shooting reasons and the like.
3. Please understand however that as the service is also provided through the internet and your cellular device, the continued privacy of the contents will depend on your responsible use of the internet and cellular device and on measures taken by the internet and cellular service providers to prevent any wrongful third party interference.
4. Pechora Technologies may preserve content and may also disclose content, if required to do so by law or if Pechora Technologies in good faith believes that such preservation is necessary to comply with legal process, enforce these terms, respond to claims that any content violates the rights of a third party, or to protect the rights, property or safety of Pechora Technologies, its users and the public.
Alpha Release, Beta Release or Pre-release Versions
1. In the event that the Software is an alpha release, beta release or pre-release version, the terms of this section shall apply. Your license to use the Software expires 60 days after installation (or such other period as indicated by the Software) and the Software may cease to function. The Software you are receiving may contain more or less features than the commercial release of the Pechora Technologies Software that Pechora Technologies intends to distribute.
2. While Pechora Technologies intends to distribute a commercial release of the Software, it reserves the right at any time not to release a commercial release of the Software, or if released, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release. You agree that the alpha release, beta release or pre-release versions are not suitable for production use and may contain errors affecting their proper operation, and may cause loss of data or cause other damage to the device on which they are run. You agree that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the license expires.
Fees
A subscription fee is payable for the use of the Software after the trial period. The applicable fee schedule, which is subject to change without prior notice, is available at www.homecamera.com . Discounts or surcharges may apply to you depending on your usage type. You are responsible for all taxes that may be applicable. Please refer to the FAQs.
Usage Costs
You are responsible for any telecommunications or other connectivity charges incurred through use of the Software. For the avoidance of doubt, Pechora Technologies does not levy "hidden charges" such as premium rate (MT) SMS, etc (if you're not entirely sure what "premium rate MT SMS" means, don't worry, we don't charge you for it anyway). Some cellular service providers charge their subscribers for receiving an SMS, even though we do not. Such charges are beyond our control and do not accrue to us. Also, your mobile operator might levy data charges for accessing your cameras using your mobile phone. These charges, if applicable, are again beyond our control and no part of these charges accrues to us. All our charges are clearly explained in the FAQs.
Termination
1. Without prejudice to any other rights, Pechora Technologies may terminate this agreement if it has reasonable grounds to believe that you have breached or if you breach any of its terms and conditions. Upon termination, you shall destroy all copies of the Software.
2. Pechora Technologies may also terminate your account and use of the Software without prior notice, or remove and discard any content within the service if your account remains unused and unpaid for a continuous period of 2 months. Please understand that we do this only because any account which remains unused for such a long period is very susceptible to misuse and access by unintended third parties.
Indemnity
You agree to defend, indemnify and hold harmless Pechora Technologies and its affiliates from and against any and all third party claims, actions (whether civil or criminal), damages, liabilities, costs and expenses, including legal fees on a full indemnity basis, arising out of or relating to a breach of the License terms or otherwise relating to your use of the Software or the use of your account or any alleged violation of a third party's rights.
Dispute Resolution
1. Any arbitration shall be conducted under the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC") before one (1) arbitrator to be appointed by the SIAC and conducted in Singapore in the English language. The law of the arbitration shall be governed by the International Arbitration Act 1994 (Cap 143A). Litigation in court may be resorted to only to compel arbitration under this agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrator.
2. You must commence an arbitration by filing a demand for arbitration with the SIAC within ONE (1) YEAR after the date you first know or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for you for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.
3. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other current or former licensee of Pechora Technologies , whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and Pechora Technologies); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and Pechora Technologies).
4. To the extent that you have breached or have indicated your intention to breach this agreement in any manner which violates or may violate Pechora Technologies' intellectual property rights, or may cause continuing or irreparable harm to Pechora Technologies, Pechora Technologies may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction notwithstanding clause 16(a).
MISCELLANEOUS
1. Entire Agreement. This agreement constitutes the entire agreement between the parties concerning the subject matter hereof.
2. Severability. If any part of these terms is found to be unenforceable it will not affect the enforceability of the remainder of the terms.
3. Language. The controlling language of this agreement is English. If you have received a translation into another language, it has been provided for your convenience only.
4. No waiver. The failure of Pechora Technologies to require performance of any provisions in this agreement shall not affect its right at a later time to enforce compliance with the same.
5. Survival of terms. The provisions of this agreement which require or contemplate performance after the expiration or termination of this agreement shall be enforceable notwithstanding its expiration or termination.
6. No assignment. You may not assign or otherwise transfer this agreement without the prior written consent of Pechora Technologies.
7. Successors. This agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
8. Events beyond control. Pechora Technologies shall not be liable for any delay, failure in performance, or interruption of service resulting from any cause beyond its reasonable control.
9. Professional services. If any Pechora Technologies professional services are being provided, then such professional services are provided pursuant to the terms of a separate services agreement between Pechora Technologies and yourself. Parties acknowledge that such services are acquired independently of the Software licensed hereunder, and that provision of such services is not essential to the functionality of such Software.

END OF END-USER LICENSE AGREEMENT
We shall be happy to answer any questions you may have with regard to our EULA and Terms and Conditions. Do feel free to contact us.

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