Last updated
August 26, 2024
Psync is licensed to You (End-User) by Psync Labs, Inc., for use only under the terms of this License
Agreement.
By downloading the Licensed Application from
Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play
Store"), and any update thereto (as permitted by this License Agreement), You indicate that You agree to
be bound by all of the terms and conditions of this License Agreement, and that You accept this License
Agreement. App Store and Play Store are referred to in this License Agreement as
Services."
The parties of this License Agreement
acknowledge that the Services are not a Party to this License Agreement and are not bound by any
provisions or obligations with regard to the Licensed Application, such as warranty, liability,
maintenance and support thereof. Psync Labs, Inc., not the Services, is solely responsible for the Licensed Application and
the content thereof.
This License Agreement may not
provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media
Services Terms and Conditions and Google Play Terms of Service ( Usage Rules ). Psync Labs, Inc.
acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not
conflicting with them.
Psync when purchased or downloaded
through the Services, is licensed to You for use only under the terms of this License Agreement. The
Licensor reserves all rights not expressly granted to You. Psync is to be used on devices that operate
with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system
("Android")
TABLE OF CONTENTS
1. THE
APPLICATION
2. SCOPE OF
LICENSE
3. TECHNICAL
REQUIREMENTS
4. MAINTENANCE AND
SUPPORT
5. USE OF
DATA
6. USER-GENERATED
CONTRIBUTIONS
7. CONTRIBUTION
LICENSE
8.
LIABILITY
9. WARRANTY
10. PRODUCT
CLAIMS
11. LEGAL
COMPLIANCE
12. CONTACT
INFORMATION
13.
TERMINATION
14. THIRD-PARTY TERMS OF
AGREEMENTS AND BENEFICIARY
15. INTELLECTUAL PROPERTY
RIGHTS
16. APPLICABLE
LAW
17.
MISCELLANEOUS
1. THE APPLICATION
Psync (
Licensed Application ) is a piece of software created to This application is designed to support the
usage of specific hardware devices, primarily facilitating users in creating and managing their
accounts, as well as binding and operating the associated hardware. Through this application, users can
directly control various functions of their hardware devices and receive real-time status updates and
notifications from the connected devices. — and customized for iOS and Android mobile devices ( Devices
). It is used to Account Registration:Users are required to create an account by completing the account
registration process, which is necessary for using the associated hardware and software features. Device
Binding: To ensure the security and personalized user experience of the device, users are required to
bind their devices with their account within the application. This allows the system to identify
authorized users and provide corresponding services. Operation and Control: Upon successful binding of
the hardware device with the user's account, users can directly manipulate the device through the
application interface. This includes, but is not limited to, changing settings, adjusting parameters,
and enabling/disabling specific features. Information Reception: The application is also equipped to
receive and display real- time information from the user’s device, including status updates, alert
notifications, and other important information.
Furthermore, it is used to The application encompasses the following primary
features: Viewing real-time footage and historical recordings from the camera. Engaging in two- way
communication with the camera. Configuring and controlling the camera settings.
The Licensed Application is not tailored to comply with industry-specific
regulations , so if your interactions would be subjected to such laws, you may not use this Licensed
Application. You may not use the Licensed Application in a way that would violate Ley Federal de Protección de Datos Personales en Posesión
de los Particulares(LFPDPPP)
.
2. SCOPE OF LICENSE
2.1 You are
given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed
Application in any manner that could disable, overburden, damage, or impair the Licensed Application or
interfere with any other party's use of the Licensed Application .
2.2 This license will also govern any updates of the Licensed Application
provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a
separate license is provided for such update, in which case the terms of that new license will
govern.
2.3 You may not share or make the Licensed
Application available to third parties (unless to the degree allowed by the Usage Rules, and with Psync
Labs, Inc.'s prior written consent), sell, rent, lend, lease or
otherwise redistribute the Licensed Application.
2.4 You
may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create
derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application,
or any part thereof (except with Psync Labs, Inc.'s prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and
the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies
only on devices that You own or control for backup keeping under the terms of this license, the Usage
Rules, and any other terms and conditions that apply to the device or software used. You may not remove
any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to
these copies at any time. If you sell your Devices to a third party, you must remove the Licensed
Application from the Devices before doing so.
2.6
Violations of the obligations mentioned above, as well as the attempt of such infringement, may be
subject to prosecution and damages.
2.7 Licensor reserves
the right to modify the terms and conditions of licensing without notice. End User’s continued use of
the Licensed Application constitutes acceptance of the modified EULA.
2.8 Nothing in this license should be interpreted to restrict third-party
terms. When using the Licensed Application, You must ensure that You comply with applicable third- party
terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The
Licensed Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest
version of the firmware.
3.2 Licensor attempts to keep
the Licensed Application updated so that it complies with modified/new versions of the firmware and new
hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine
that the app end-user device on which You intend to use the Licensed Application satisfies the technical
specifications mentioned above.
3.4 Licensor reserves the
right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The
Licensor is solely responsible for providing any maintenance and support services for this Licensed
Application. You can reach the Licensor at the email address listed in the App Store or Play Store
Overview for this Licensed Application.
4.2 Psync Labs,
Inc. and the End-User acknowledge that the Services have no
obligation whatsoever to furnish any maintenance and support services with respect to the Licensed
Application.
5. USE OF DATA
You
acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content
and Your personal information, and that Licensor's use of such material and information is subject to
Your legal agreements with Licensor and Licensor's privacy policy:
https://psynclabs.com/pages/privacy-policy
You
acknowledge that the Licensor may periodically collect and use technical data and related information
about your device, system, and application software, and peripherals, offer product support, facilitate
the software updates, and for purposes of providing other services to you (if any) related to the
Licensed Application. Licensor may also use this information to improve its products or to provide
services or technologies to you, as long as it is in a form that does not personally identify
you.
6. USER-GENERATED CONTRIBUTIONS
The Licensed
Application may invite you to chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality, and may provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the
Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Licensed Application and through third-party
websites or applications. As such, any Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you thereby represent and warrant
that:
6.1 The creation, distribution, transmission,
public display, or performance, and the accessing, downloading, or copying of your Contributions do not
and will not infringe the proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
6.2 You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Licensed Application, and other
users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed
Application and this License Agreement.
6.3 You have the
written consent, release, and/or permission of each and every identifiable individual person in your
Contributions to use the name or likeness or each and every such identifiable individual person to
enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application
and this License Agreement.
6.4 Your Contributions are
not false, inaccurate, or misleading.
6.5 Your
Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes,
chain letters, spam, mass mailings, or other forms of solicitation.
6.6 Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
6.7 Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
6.8 Your Contributions are not used to harass or
threaten (in the legal sense of those terms) any other person and to promote violence against a specific
person or class of people.
6.9 Your Contributions do not
violate any applicable law, regulation, or rule.
6.10
Your Contributions do not violate the privacy or publicity rights of any third
party.
6.11 Your Contributions do not violate any
applicable law concerning child pornography, or otherwise intended to protect the health or well-being
of minors.
6.12 Your Contributions do not include any
offensive comments that are connected to race, national origin, gender, sexual preference, or physical
handicap.
6.13 Your Contributions do not otherwise
violate, or link to material that violates, any provision of this License Agreement, or any applicable
law or regulatio
Any use of the Licensed Application in
violation of the foregoing violates this License Agreement and may result in, among other things,
termination or suspension of your rights to use the Licensed Application.
7. CONTRIBUTION LICENSE
By posting
your Contributions to any part of the Licensed Application or making Contributions accessible to the
Licensed Application by linking your account from the Licensed Application to any of your social
networking accounts, you automatically grant, and you represent and warrant that you have the right to
grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell,
resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions (including, without
limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare
derivative works of, or incorporate in other works, such as Contributions, and grant and authorize
sublicenses of the foregoing.
The use and distribution
may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name, and franchise name, as applicable,
and any of the trademarks, service marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions.
We do not
assert any ownership over your Contributions. You retain full ownership of all of your Contributions and
any intellectual property rights or other proprietary rights associated with your Contributions. We are
not liable for any statements or representations in your Contributions provided by you in any area in
the Licensed Application. You are solely responsible for your Contributions to the Licensed Application
and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
We have
the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the
Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason,
without notice. We have no obligation to monitor your Contributions.
8. LIABILITY
TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, OR ANY OF ITS
OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR
USE OF OR INABILITY TO USE THE LICENSED APPLICATION OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS
OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR
ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE
DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE
AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE LICENSED APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH
OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE
FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO
YOU.
9. WARRANTY
9.1 Licensor
warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware
at the time of Your download. Licensor warrants that the Licensed Application works as described in the
user documentation.
9.2 No warranty is provided for the
Licensed Application that is not executable on the device, that has been unauthorizedly modified,
handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used
with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other
reasons outside of Psync Labs, Inc.'s sphere of influence that
affect the executability of the Licensed Application.
9.3
You are required to inspect the Licensed Application immediately after installing it and notify Psync
Labs, Inc. about issues discovered without delay by email
provided in Contact Information. The defect report will be taken into consideration and further
investigated if it has been emailed within a period of thirty (30) days after
discovery.
9.4 If we confirm that the Licensed
Application is defective, Psync Labs, Inc. reserves a choice to
remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Licensed Application to conform to any
applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase
price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store
Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and
any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to
adhere to any warranty.
9.6 If the user is an
entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to
twelve (12) months after the Licensed Application was made available to the user. The statutory periods
of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
Psync Labs,
Inc. and the End-User acknowledge that Psync Labs,
Inc., and not the Services, is responsible for addressing any
claims of the End-User or any third party relating to the Licensed Application or the End-User’s
possession and/or use of that Licensed Application, including, but not limited to:
（i）product liability claims;
（ii）any claim that the Licensed Application fails to conform to any
applicable legal or regulatory requirement; and
（iii）claims arising under consumer protection, privacy, or similar
legislation including in connection with Your Licensed Application’s use of the HealthKit
andHomeKit
11. LEGAL COMPLIANCE
You represent
and warrant that You are not located in a country that is subject to a Mexico Government embargo, or that
has been designated by the Mexico Government as a "terrorist supporting" country; and that You are not listed
on any Mexico Government
list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general
inquiries, complaints, questions or claims concerning the Licensed Application, please
contact:
Psync Labs, Inc
support_latam@psynclabs.com
13. TERMINATION
The license
is valid until terminated by Psync Labs, Inc. or by You. Your
rights under this license will terminate automatically and without notice from Psync Labs,
Inc. if You fail to adhere to any term(s) of this license. Upon
License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or
partial, of the Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Psync Labs,
Inc. represents and warrants that Psync Labs, Inc. will comply with applicable third-party terms of agreement when using
Licensed Application.
In Accordance with Section 9 of the
"Instructions for Minimum Terms of Developer's End-User License Agreement," both Apple and Google and
their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your
acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the
right (and will be deemed to have accepted the right) to enforce this End User License Agreement against
You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Psync Labs,
Inc. and the End-User acknowledge that, in the event of any
third-party claim that the Licensed Application or the End-User's possession and use of that Licensed
Application infringes on the third party's intellectual property rights, Psync Labs, Inc., and not the Services, will be solely responsible for the investigation,
defense, settlement, and discharge or any such intellectual
property infringement claims.
16. APPLICABLE LAW
This License
Agreement is governed by the laws of the Mexico excluding its conflicts of law rules.
17. MISCELLANEOUS
17.1 If any of
the terms of this agreement should be or become invalid, the validity of the remaining provisions shall
not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the
primary purpose.
17.2 Collateral agreements, changes and
amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.