Legal Information

Terms of Service

1. General

We are Askey Computer Corporation, a company registered in Taiwan and our registered address is 10F, No. 119, Jiankang Rd., Zhonghe Dist., New Taipei City, Taiwan (R.O.C.). (Referred to as "We" or "Us" or "Our" or “Askey”).
The present Terms and Conditions include the provisions set forth in this document as well as in the Privacy Policy, Limited Warranty , Security, OpenSource Software and other terms or conditions that may be presented by Us and accepted by the Customer from time to time in connection with specific service offerings (all of which we collectively refer to as the “Terms of Service” or “Terms”). The present Terms of Service are the terms on which this website http://www.qbeecam.com  (the "Website") is made available to You ("You" or "Your" or “Customer(s)” and “Their”). Please read those Terms of Use carefully before You start using the Website. By accessing the Website, You indicate that You accept the Terms of Use and that You agree to be legally bound by those Terms. If You do not agree to the Terms, please refrain from using the Website.
The Terms of Service apply to all the software and hardware components as well as the services of Askey (jointly referred to as the “Products” or “QBee Cam”).

Language
The Terms have been translated into German, French and Italian. In the event of any dispute concerning translated texts, the provisions of the English version shall prevail.

2.Services Provided by Askey

2.1 Scope

QBee is an app-based monitoring system for residential Customers provided by Askey. Information on the Scope of the Products offered by Askey as well as the specific Terms and Conditions of Use can be found on the website http://www.qbeecam.com as well as in the latest brochures and manuals.
The Customer is not entitled to a certain configuration of the Askey infrastructure or to having the accessible services kept available. Askey is entitled at any time to change or cancel a service by giving appropriate advance notice thereof and without paying compensation therefor.
Askey may engage certain affiliates or other third parties (“Service Providers”) to provide technical or other services relating to all or parts of the Service, and you hereby agree that such involvement by those Service Providers is acceptable.

2.2 Maintenance

Askey is responsible for maintaining its cloud service and is entitled to interrupt or restrict operations for the purpose of fault rectification, maintenance work, the introduction of new technologies etc. Askey shall rectify faults which lie within its sphere of influence within a reasonable period of time during operating hours.

2.3 Remote access for monitoring and update

Without the Customer’s prior consent, Askey will not – for the purposes of management, configuration, updating and similar – access the Customer’s infrastructure used for the service and view, change, update, delete or otherwise manage the technical data and software available there. In the context of remote access, Askey will be able to view the Customer’s technical data directly associated with the hardware and software configuration and the services of Askey.

2.4 Interference/support

Support queries must be submitted to Askey via the web form on the website www.qbeecam.com

3. Customer's Responsibilities

3.1 Equipment Required by the Customer

In order to be able to use the services of Askey, the Customer needs to have either Askey’s Standalone QBee Cam App or another carrier’s App as part of Askey’s service offering.

The Customer is personally responsible for the acquisition, installation, functioning and legal compliance of this infrastructure. Askey does not provide the Customer with investment protection.

3.2 Registration

If you wish to use the QBee Cam system from Askey, you must register yourself correctly on the QBee Cam standalone App or via the Swisscom Internet-Box Application.

3.3 Legal and contractual use

The Customer is responsible for the legal and contractual use of the connections and the purchased services. Any illegal use of Askey Products and Askey servers is prohibited.
The Customer is responsible for every use of the Products even by minors living in his household and/or other third parties. Please note that the QBee Cam is not relied upon for life safety. Nevertheless, Askey will provide a monitored security service.

4. General

4.1

Askey shall comply with the applicable regulations when handling data. Askey shall only collect, store and process data required for the service provision, the finalization and maintenance of the Customer relationship, namely guaranteeing a high level of service quality, for the security of operations and the infrastructure as well as for billing.
The Customer agrees that Askey
– may obtain information regarding the Customer in connection with the conclusion and finalization of the service
– may pass on the Customer’s data to third parties for debt collection purposes
– may process the Customer’s data for marketing purposes, namely for the organization and development of its services as needed and for customized offers and that the Customer’s data may be processed for the same purposes. The Customer may restrict or prohibit the use of the data for marketing purposes.
– stores Customer data and data generated during the usage of the service in Germany at a hosting Center.

4.2 Service provision jointly with third parties

If a service is provided by Askey together with a third party, Askey may communicate Customer data to third parties to the extent this is necessary for the provision of such services.

5. Intellectual Property

Askey is the owner or the licensee of all intellectual property rights on the Website and in the material published on it, including, without limitation, trademarks, logos, graphics, photographs, animations, signage, livery, get-up, videos, stationery, publications, reports and text.
The Customer’s use of the Website and its contents does not grant the Customer any rights to Askey’s intellectual property or the intellectual property of third parties in the Website and its contents.

Unless expressly permitted in the present Terms of Services, the Customer may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website. However, the Customer may download or print insubstantial extracts of the content of the Website to Their own hard drive for the sole purpose of viewing it, provided that no more than one (1) temporary copy of any information is made. The Customer may also print one (1) copy or extract of any page from the Website for Their personal reference or non-commercial use and the Customer may draw the attention of others within Their organization to materials posted on the Website, provided always that the Customer acknowledges Askey’s status (and that of any identified contributors) as the authors of materials on the Website.

6. Warranty

6.1 Disruptions/Faults

Askey endeavors to provide its services with high availability. Askey cannot, however, guarantee that its infrastructure and services will function without disruption and faults.
As this is an IP-based system, no warranty can be given against malfunction.

6.2 Risks when using the service; measures taken by Askey

Askey shall take precautions to protect its infrastructure from third-party access. It cannot, however, warrant that the infrastructure is fully protected from unauthorized access and that malicious software may compromise the service

6.3 Networks and third-party services

Askey cannot give any assurances or warranties in respect of availability and the quality of operations and support for data traffic on third-party networks or with connections of third-party networks.

6.4 Links to Websites and Third-Party Services

The Askey website may contain links to third-party websites, which are not under the control of Askey. Askey is not responsible for the content of those websites and for any Products that may be offered by a linked website, as well as for any links on the linked website and any changes or updates to such websites. Askey provides those links to the Customer for informational purposes only and the inclusion of such links does not mean that Askey supports, guarantees or assumes responsibility for the content or the Products on the third-party websites.

6.5

Warranties only apply to Askey Products sold and purchased in Switzerland and that are new on the date of purchase from Askey or other authorized local carriers. Please keep the original purchase invoice and warranty card directly to such authorized local carriers for future service requests.

7. Liability

To the fullest extent permitted by law, in no event will Askey, its affiliates, officers, employees, agents, suppliers or licensors be liable for any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Askey has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose. Askey’s aggregate liability for all claims relating to the services, the website, the agents and the forums will at all times be limited to a maximum of the value of the service purchased during the last contractual year of property and pecuniary damage. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Askey and the Customer.

8. Duration and Termination

We reserve the right to suspend or cease providing the Services, at any time, with or without cause. We may suspend or terminate the Customer’s use of the Service if the Customer is not complying with those Terms, or if the Customer uses the Services in any way that could cause Askey legal liability or disrupt others’ use of the Services. If Askey suspends or terminates the Customer’s use, Askey will try to let the Customer know in advance. If the Customer wants to terminate the Services at any time, the Customer may do so by (a) notifying Askey and (b) closing Their account for the Services that They use.

9. Changes

Askey may amend the Terms of Services at any time. All such changes will take effect once they have been posted on the Website and The Customer will be deemed to have accepted any such changes by Their use of the Website from such time.

10. Transfer

Askey reserves the right to transfer or assign any rights or obligations under those Terms at any time.

11. Place of Jurisdiction and Applicable Law

If any dispute shall arise pursuant to any provision of the present Terms of Service, the plaintiff must choose the place of performance or residence of the defendant as the place of jurisdiction. If any term or provision of the present Terms of Service shall be declared invalid in arbitration or by a court of competent jurisdiction, such invalidity shall be limited solely to the specific term or provision invalidated and the remainder of those Terms of Service shall remain in full force and effect, according to the terms.

QBee Cam: Limited Warranty

  1. Warranties only apply to Askey Products sold and purchased in Switzerland and that are new on the date of purchase from Askey. Please keep the original purchase invoice and warranty card for future service requests. The warranty does not cover free or special bundled accessories, delivered together with your Askey Product. The warranty only covers failures or malfunctions that occur during the warranty period and under normal use conditions as well as any material or workmanship defect.
  2. If the Product fails during normal and proper use within the warranty period, Askey will, at its discretion, repair or replace the defective parts within the Product, or the Product itself, with items that are functionally equivalent to that as originally supplied, or better, during the warranty period defined for the model, using new or refurbished parts or units. If the Product is under warranty, the ownership of the replaced defective parts will automatically be transferred to Askey. All components repaired or replaced by Askey will be under warranty for the remaining period of your warranty.
  3. Askey specifically disclaims any warranties of merchantability or fitness for a particular purpose.
  4. If this Product fails to work as warranted above, the Customer’s sole and exclusive remedy and Askey’s sole liability shall be repair or replacement. Askey’s maximum liability under this limited warranty is expressly limited to the lesser of the price you have paid for the Product or the cost of repair or replacement of any hardware components that malfunction under normal use. All Askey warranty terms and agreements are non-transferable and only apply to the original unit and original purchaser. Askey is not liable for a claim made by a third party or made by the Customer for a third party.
  5. Exclusions from this Limited Warranty Service:
    The warranty will not apply to or be valid under conditions including but not limited to the following:
    a) The serial number of the Askey Product has been altered, cancelled, removed, or otherwise not valid as identified by Askey;
    b) The Product has been tampered with, repaired and/or modified by non-authorized personnel;
    c) The Product warranty seals have been broken or altered;
    d) There is damage caused by natural disaster, intentional or unintentional misuse, abuse, neglect, acts of war, improper maintenance, or use under abnormal conditions;
    e) There is damage caused by accidental drops, spills, fire or power surges.
    f) Damage (accidental or other) to the Product that is cosmetic, meaning damage that does not impact the operation and functioning of the Product, such as without limitation to rust, change in color, texture or finish, wear and tear, gradual deterioration.
    g) There is damage from improper installation, improper connection, or use of parts and/or components not manufactured or sold by Askey;
    h) There is damage from use outside of the operation or storage parameters or environment detailed in the User's Manual or reasonably acceptable for similar Product usage models deemed industry standard best practices;
    i) There is contamination, a condition or other circumstance of the Product, not attributable to Askey, which renders the unit a danger to health and safety. This may include, but is not limited to, contact between the Product and a biohazard, bodily fluids, infectious materials/substance, chemicals, hazardous substances, diseases, insects, vermin, radiation, etc.
    j) There is damage to or loss of any program, data or removable storage media, or if there are costs from recovering any program or data;
    k) There is damage from third party software or from virus(es);
    l) There is software loss or data loss that may occur during repair or replacement.
    m) Support and costs involved to install or configure the Product for any third party software application or hardware device, or network/wireless configuration.
    n) Due to technology limitations, some devices (e.g. printer or mobile devices if applicable to Your Product) may be limited or not compatible with the Askey Product. Those limitations are common to defined standards within the hardware industry and are not specific to Your Askey Product.
    o) You have failed to follow all return materials authorization (“RMA”) instructions provided to you by Askey, and/or Askey’s authorized representatives.
    p) Un-usability due to forgotten or lost security passwords.
    q) Askey shall not be liable for any damages to the Customer’s infrastructure arising after remote access, unless those damages were proven to be caused by the remote maintenance of Askey.
  6. Askey is not responsible for:
    1. Software loss or data loss that may occur during the repair or replacement.
    2. Damage to or loss of any program, data, or removable storage media or costs to recover.
    3. New retail box replacements, credits, upgrades, model changes or refunds are not offered to direct Customers or end users under any circumstances.
  7. If Service is Required:
    Returning your Product to Askey during the warranty period does not automatically mean that it will be repaired free of charge. Upon receiving your Product, Askey reserves the right to check the validity of the Customer’s warranty and the Customer’s request for warranty service. Askey is not responsible for the restoration or reinstallation of any data or programs other than software installed by the manufacturer when the Product was manufactured.
  8. Before contacting Askey:
    1. Write down the error message, with the fault description and include it with the Product.
    2. Retrieve the following information from Your Askey Product: firmware version and inform us of any recent hardware or software changes.
    3. Please have: Your Askey Product model name, serial number, sales invoice/receipt with date of purchase and warranty card readily available.
    4. Be in front of and have Your Product switched on when calling about troubleshooting issues.
  9. When preparing your Product for shipment to Askey, You will need to observe the following:
    1. Return the Product in its original packaging. Damage due to packaging may void warranty.
    2. Please send in only the Product itself. Items and accessories included may not be returned.
  10. Your Askey Product is supplied with pre-installed software. If you have any related technical problems when using your Askey Product, we suggest you consult the User Manual and the Website to carry out preliminary troubleshooting. Askey will be limited to support Your Product if the pre-installed software has been altered. Third party software may require support from such vendors.
  11. Askey reserves the right to update, change, modify or otherwise alter the present Terms and Conditions at any time upon its sole discretion.

Privacy Policy

Introduction

This page sets out the privacy policy of Askey Computer Corporation (“We”, “Us”, “Our” or “Askey”) and explains how Askey uses Your personal data (meaning any information about You which is personally identifiable (such as Your name, email address, video and audio signals and data).

By using Our website: http://www.qbeeecam.com (the “Website”), You acknowledge Your acceptance of the provisions in Our privacy policy. Any changes to Our privacy policy will be made on this page. By continuing to use the Website after the posting of such changes, You will be deemed to have accepted any such changes.

What personal data do We collect about You?

We are committed to protecting the privacy of any personal data that You may submit to the Website. Generally, You can visit the Website without revealing who You are or disclosing any personal data about Yourself.  However, there may be times when We require personal data about You or when You wish to disclose such personal data to Us.  Such personal data is obtained only when voluntarily submitted by You and is subject to the provisions set out on this page.

We may collect and process the following personal data about You:

  1. data that You provide by filling in forms on the Website.  This includes data provided at the time of registering to use the registration-only sections of the Website;
  2. We may also ask You for personal data (e.g. when You report a problem with the Website);
  3. If You contact us, in writing, by email or other electronic means, We may keep a record of that correspondence.
  4. We collect usage data from several sensors built into the Product. Those sensors collect data such as ambient temperature, humidity and ambient light in the room. By recording this information, our Product can know, for instance, whether it’s dark and it should activate night vision.

Passwords and Security

If You choose, or You are provided with, a user identification code, password or any other piece of information as part of Our security procedures, You are responsible for maintaining the confidentiality of Your password and user name for the Website and You are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website and We will not be liable if and when Your password or user name is used by someone else.

You agree to notify Us immediately by filling a form at http://www.qbeeecam.com of any unauthorised use of Your password or user name of which You become aware. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our opinion, You have failed to comply with any of the provisions of the present terms or the Terms and Conditions of use of the Website.

How will We use Your Personal data?

We are collecting personal data about You via the Website to

  1. download relevant brand content, when You choose to do so;
  2. ensure that content from the Website is presented in the most effective manner for You and for Your computer;
  3. provide You with information that You request from Us or which We feel may interest You, where You have consented to be contacted for such purposes; and
  4. notify You about changes to the Website and branding which may be relevant to You.

If You do not want Us to use Your personal data in this way, please contact Us via Our website: http://www.qbeeecam.com

Will We share Your personal data with third parties?

We may share Your personal information with third parties for the purposes of operating our business, delivering, improving, and customizing our Solutions, sending marketing and other communications related to our business, and for other legitimate purposes permitted by applicable laws or otherwise with your consent.

Contacts

If You want to contact Us regarding any questions, comments or complaints about how We collect, use or retain Your personal data sent to the www.qbeecam.com Website, please contact Us via Our website: http://www.qbeeecam.com..

This privacy statement is dated October 2016.

Security

Askey Computer Corporation (“We”, “Us” and “Our”) takes security as well as the integrity of Your personal information seriously. We use industry-standard secure sockets layer HTTPS / SSL encryption technology to ensure that all Your personal and transactional information is encrypted before transmission. The Cloud server services use AES 128bit encryption and Transport Layer Security (TLS). Perfect forward secrecy is also implemented. Our robust security policies are to safeguard your privacy from unauthorized access/improper use and we will continue to implement ever-more secure technology as it becomes available.

Open Source

  1. This Product includes software code or programs that are licensed or sourced under "open source" or "free" software license agreements ("Open Source Software"). Use of the Open Source Software is subject to the terms of the applicable license agreement for the Open Source Software. You can obtain license information for the Open Source Software via the website or this link: http://www.qbeeecam.com. The present Terms of Service do not override or supersede any Open Source Software license terms. Askey will distribute all computer files with the Products that are required by the applicable Open Source Software license agreement.
  2. The Open Source Software are provided "as is" by the third party licensors who disclaim all liabilities, damages, (even if they have been advised of the possibility of such damages), warranties, indemnities and other obligations of any kind, express or implied, with regard to the Open Source Software. The Open Source Software are excluded from any indemnity provided by Askey in the present Terms of Service. Nothing in the foregoing affects any performance warranty provided by Askey with regards to the Product as a whole.
  3. Disclaimer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THE TERMS OF SERVICE, THE SOFTWARE IS PROVIDED “AS IS” AND ASKEY MAKES NO REPRESENTATIONS OR WARRANTIES, AND ASKEY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, ORAL OR WRITTEN, EXPRESS OR IMPLIED, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR SYSTEMS INTEGRATION. WITHOUT LIMITING THE FOREGOING, ASKEY MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE AS TO THE SOFTWARE’S USE OR PERFORMANCE AND DOES NOT WARRANT, REPRESENT, OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE FAIL- SAFE, UNINTERRUPTED, OR FREE FROM ERRORS OR DEFECTS OR THAT THE SOFTWARE WILL PROTECT AGAINST ALL POSSIBLE THREATS.