Important Notice

This Agreement, as a part of the Berdz Term of Use, is made between Berdz Technologies Co.,Ltd together with its affiliated companies (hereinafter referred to as "Berdz") and the user of the “Protect Plan” services (hereinafter referred to as "You" or "User"). You are hereby reminded by Berdz that, prior to the use of the “Protect Plan” services, You must carefully read and fully understand this Berdz Protect Plan Agreement (hereinafter referred to as the "Agreement").

1. Services.

Based on AWS (Amazon Web Service), Berdz Cloud is a service platform that provides Users with fast, stable and secure data storage. It provides Users with personal data storage, synchronization, management, sharing and other services based on Berdz cloud service technologies. Berdz Protect Plan does not directly upload or provide any content, and does not modify or edit any content transmitted by Users.

2. ACTIVATION, TERMINATION AND CHANGE OF PROTECT PLAN.

2.1 The Protect Plan will be activated once You makes the payment. The term of services will start from the time of activation.

2.2 For plans sold on a fixed-term such as yearly or monthly, the term of services will expire at the end of the subscription period.

2.3 If automatic renewal is enabled, within 24 hours prior to the expiry of the services, the Protect Plan fee for the next billing cycle will be charged from the bank card You bound. If the renewal payment fails due to reasons attributable to User's bank card (such as insufficient balance, etc.), You will be responsible for any consequences caused (including but not limited to the cease of cloud video recording, etc.).

2.4 You understand and agree that, upon the successful purchase of the Protect Plan, any fee charged will not be refunded and the services cannot be changed. You can cancel the subscription at any time in the APP, and the automatic renewal service will be terminated after the cancellation, effective from the end of last billing cycle.

2.5 After purchasing the cloud service plan successfully, if no deivce bind to the cloud plan or device deleted after binding, it won't affect the auto renewal of subscribed cloud service plan. If you need to stop it, you should unsubscribe in Berdz APP or contact our customer service. Otherwise, it will be deemed that you still intend to use the cloud service plan.

2.6 You understand and agree that, due to technical upgrades, service system upgrades, operation strategy adjustments or any other changes, Berdz does not guarantee the permanent provision of any specific service, and has the right to change the form, specifications or other aspects (such as the price and billing model of the service) of the services provided. Before ceasing the provision of certain service or implementing such changes, we will do our best to give prior notice in one or more ways, including website announcement, internal messages, emails or SMS, etc.

3. PRIVACY PROTECTION

3.1 Berdz will not publish, edit or disclose User’s personal information or non-public content stored in the Protect Plan, unless duly authorized by the User.

3.2 Berdz Protect Plan platform is based on AWS (Amazon Web Service). All data are encrypted to ensure the security of information to the maximum extent based on existing technologies.

3.3 The design and operation of Protect Plan strictly follow the requirements of General Data Protection Regulation (GDPR) of the European Union. The Protect Plan is in compliance with relevant GDRP provisions in terms of privacy protection, data security, territory requirements for data processing and other aspects.

4. DISCLAIMER AND LIMITATION OF LIABILITY

4.1 If any information You uploaded, published, transmitted or otherwise disseminated through the Berdz Cloud Services has defects in legal rights or infringes any third party's lawful rights and interests, include but not limited to patent, trademark, copyright, portrait, privacy, defamation, you will be held solely liable for any third party claims so caused. If as a result any third party lodges claims against Berdz or any of its employees, customers or partners, You will indemnify all the loss suffered by Berdz and its employee, customer or partner, including attorney fees and other dispute resolution costs incurred.

4.2 Berdz only uses current technologies to provide corresponding protective measures to prevent any information stored in Berdz Cloud from being lost or abused, but Berdz does not make any express or implied warranty as to the absolute safety of Your information.

4.3 User understands and agrees that, in order to provide Users with a better platform support, Berdz has the right to inspect and repair, maintain and upgrade the Protect Plan or related equipment on a regular and case-by-case basis, which may cause suspension or temporary stop of related services during reasonable times. If such causes loss to the User, Berdz will not be held liable.

4.4 User understands and agrees that the Protect Plan and the related services are based on the existing technology and under current conditions. Berdz will try it best to provide the platform support to Users and ensure the consistency and safety of the platform, but Berdz does not guarantee that the platform provided is free of defects, and it cannot always predict or guard against legal, technical and other risks, including but not limited to reasons like Force Majeure, computer virus, Trojan horse, hacker attacks, system instability, third party service defects, governmental actions and other events that may cause service disruptions, loss of data and other damages and risks. Therefore the User also agrees that, even if the Protect Plan has defects, provided that such defects are unavoidable because of the existing technical level in the industry, such defects shall not be deemed as breach by Berdz. Meanwhile, if such causes loss of data or loss of information or any other damages to the User, Berdz shall not be held liable. 4.5 User understands and agrees that, in the course of his/her use of the Protect Plan, there may be Force Majeure and other risks which cause platform operation interruptions. Force Majeure risks refers to unforeseen, insuperable and unavoidable events which cause significant impact upon a party or Berdz and User, including but not limited to natural disasters such as flood, earthquake, plague, storm and social events like war, unrest and government actions. Under these circumstances, Berdz will actively coordinate with relevant organizations and repair the platform as soon as possible. If such repair causes loss to the User, Berdz shall not be held liable.

4.5 User understands and agrees that Berdz shall not be held liable for the interruption or disruption of the platform and service operations caused by:

• Damage by computer viruses, Trojan virus or other malicious programs or hacker attacks;
• Malfunction of computer software, systems, hardware and communication lines of User or Berdz;
• User’s improper operation; User uses the Services in any manner not authorized by Berdz; or
• Other circumstances beyond Berdz’s control or cannot be reasonable foreseen by Berdz.

5. NOTICES

5.1 Berdz may send various rules, announcements or notices about the use of the Cloud Platform to Users in one or more ways via website announcements, website notices, emails or internal messages sent within the management system to the Berdz account registered by User. These notices shall be deemed to have been received once they are sent by Berdz via one of the ways listed above, and shall then become binding upon User. If User refuses to accept any notice, he/she shall notify Berdz in writing, otherwise the notice will be deemed as having been accepted and agreed by User.

5.2 If Users need to send a notice to Berdz, User shall send a written notice to Berdz to the contact information officially published by Berdz.

6. OTHERS

6.1 Berdz reserves the right of final interpretation and revision of the provisions of this Agreement, to the fullest extent permitted by law.

6.2 By using the services, You are confirming that you have read and agreed to be bound by this Agreement. Berdz has the right to modify any provision of this Agreement when necessary. You can have access to the latest version of the Agreement from the related pages of Berdz website. Following the amendment to this Agreement, Your continued use of the Berdz platform shall be deemed as Your acceptance of the amended Agreement. If you do not accept the amended Agreement, you should stop using the Berdz platform and the services.