Terms & Conditions

Terms & Conditions

Terms Of Use
Welcome to Berdz, the application, website, and online service of Berdz Technologies Co., Ltd (“Berdz,” “we,” or “us”). This page explains the terms by which you may use our website and any other mobile or web services or software applications as well as related services subject to the terms and conditions set forth below, including all documents, policies, and guidelines incorporated herein by reference offered by Berdz (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use, whether or not you are a registered user of our Service.

We reserve the right, at our discretion, to amend this agreement at any time and without notice. If we do this, we will post the amended agreement on this page and indicate at the top of the page the date the agreement was last revised. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use.

If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

This agreement applies to all visitors, users, and who access the Service (“Users”). Berdz is sometimes referred to herein as “we”, “us”, “our”, or “Berdz” and the user is sometimes referred to as “you”, “your”, “user” or “customer”.

Use Of Our Service
Berdz is the operating platform for the smart home products from Berdz Technologies Co., Ltd.

Berdz Technologies is a software company with hardware expertise. We are dedicated to the development and promotion of cloud-based smart home products. With our world-class hardware and software development team, we provide customers all around the world with a complete solution for mobile internet-based smart home hardware products.

To access the features of the Service, though, such as viewing of video content, you will need to register with Berdz and create a “Member” account. Your Member account gives you access to the services and functionality.

You may never use another Member’s account without permission. When creating your account, you must provide accurate, true, current and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Berdz immediately of any breach of security or unauthorized use of your account. Berdz will not be liable for any losses caused by any unauthorized use of your account.

By providing Berdz your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers.

All aspects of the Service are subject to change or elimination at Berdz’s sole discretion. Berdz reserves the right to interrupt the Service with or without prior notice for any reason or no reason.You agree that Berdz will not be liable to you for any interruption of the Service, delay or failure to perform. However, we will use all reasonable efforts to minimize disruptions to your use of and access to our services to the greatest extent possible.

You are solely responsible for your interactions with other Berdz Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Berdz shall have no liability for your interactions with other Users, or for any User’s action or inaction.

Privacy
We care about the privacy of our Users. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. Berdz sever is based on AWS(Amazon Web Service). User’s data will be stored on the server closest to the device. There are severs in US East & West, Ireland, Germany and Singapore.

When motion detection feature is enabled, Berdz products will capture the changes in pictures and upload them to our servers, which allows us to notify you any motion events. By activating such feature, you agree Berdz to collect, transmit, upload and maintain such pictures. Berdz maintains administrative and technical safeguard to ensure only you and your authorized users have access to these pictures. You may delete the pictures through Berdz app at any time.

If you want to cancel your Berdz account and delete all other related information permanently, you may submit a delete request to us through Berdz app, phone call or email . Account and data retrieval is unavailable once the deletion process is completed.

Berdz products are designed to provide you with a stable live view of your home no matter where you are. In order to achieve this purpose, you agree Berdz to transmit, upload and maintain your data outside your country of residence. Only the data you need to use will be transmitted and all data are encrypted during the transmission.

User Content
The Service allows Users to upload or post video content (your “Video Content”), and may also permit you to post feedback, comments, questions, and other information (collectively “User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available on the Service, and you agree that we are only acting as a passive conduit or storage facility for your online distribution and publication of your User Content. You understand and agree that while we use reasonable security measures to control access to your User Content, Berdz does not guarantee any confidentiality with respect to any User Content.

You are solely responsible for the consequences of uploading, posting, publishing, or sharing your User Content. By uploading, posting, publishing or sharing your content, you affirm, represent, and warrant that:

you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Berdz and Berdz ‘s Users to use your content as necessary to carry out the Service; and your content does not contain any viruses, adware, spyware, worms, or other malicious code. To the extent that your User Content includes video or audio content, you affirm, represent, and warrant that you have the authority or have obtained the necessary permission, including without limitation the permission of each individual depicted in the User Content, to record and transmit such content for use as described and contemplated in this agreement and in the Service; and your content does not go against the local laws and/or state laws, regulations, history, customs, and traditions. Otherwise, we shall have right to report and/or submit your content and personal information to the local authorities according to requirement.

Property Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “Berdz Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Berdz, its affiliates, and its licensors. Use of the Berdz Content or materials on the Service for any purpose not expressly permitted by this agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Berdz under any fiduciary or other obligation, and that we are free to use an Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

Security
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information or User Content for improper purposes. You acknowledge that you provide your personal information and User Content at your own risk.

Third-Party Links
Berdz may provide links or references to third-party websites, advertisers, services, contests, special offers, or other events or activities that are not owned or controlled by Berdz but we think may be relevant and interesting to our users (“Third Party Links”). Berdz 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.

You agree that Berdz shall not be responsible for any loss or damage of any sorts relating to your dealings with the advertisers on the links.

We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

Limitation Of Liability
In no event shall Berdz, its officers, 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 web site, 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 Berdz 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, Berdz 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.

Governing Law And Jurisdiction
The existence, validity, termination, or any disputes arising out of or in connection with this agreement shall be governed, construed and interpreted in accordance with the laws of the People’s Republic of China. If one or more provisions of this agreement are held to be unenforceable under the laws of the People’s Republic of China, the balance of the agreement shall be enforceable in accordance with its terms.

Log Collection
We’ll upload program log files to help engineer fix bugs and improve product quality.

Miscellaneous
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If any provision of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be struck and the remaining provisions shall continue in full force and effect. Headings are for reference purposes only and do not limit the scope or extent of such section.

Legal Age
You promise that you are of legal age to enter into this agreement and that you have read and understood fully its terms and conditions.

Contact
If you have any questions or concerns about this agreement or any issues raised in this agreement or on the web site Berdz, please contact us at: