Hunting Cloud User Agreement & Payment Terms
Welcome to Hunting Cloud!
This Agreement is a contract between you and WuYuanTech, governs your use of all Hunting Cloud Services. Using the Hunting Cloud Services means that you must accept all of the terms and conditions contained in this Agreement and the agreements of Privacy Policy and Term of Use. You should read all of these terms carefully.
THESE TERMS AND CONDITIONS OF SERVICE CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND REQUIRE THAT CERTAIN DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL.
By purchasing, activating, and/or using any Hunting Cloud product ("Product") or service ("Service"), you the customer ("You") acknowledge and agree to these Terms and Conditions of Service. WuYuanTech reserves the right to change or modify any of these Terms at any time. Any changes or modifications to these Terms and Conditions of Service are effective and will be binding upon you when posted on our website at www.wuyuantech.com.These Terms and Conditions of Service are subject to change at any time without notice.
ACTIVATING YOUR SERVICE
To use Hunting Cloud's cellular wireless service ("TrailcamService" or "Service"), you must first purchase and activate a Hunting Cloud device (e.g., cellular wireless enabled scouting or security camera) that is compatible with Hunting Cloud Service. You must also purchase a Hunting Cloud service plan and have a positive balance on your account (e.g., coins, etc.).
You may activate your Hunting Cloud Service by visiting Hunting Cloud App. By creating an account, you will be prompted with an email containing an activation link upon registration at Hunting Cloud App. Upon registration, you will have the opportunity to provide your email address and to set up a password for your account. Please note that you have no ownership rights to any identifier (like internet protocol) assigned or associated with your wireless service, and you acknowledge and agree that we may change identifiers assigned or associated with your Hunting Cloud Service at any time without prior notice to you.
The wireless telecommunications networks used to transmit text messages, multimedia messages, and data for the Service are owned and operated by licensed commercial mobile radio service providers ("Carriers"), and not Hunting Cloud. Certain features and functions may not be available throughout the entire network or their functionality may be limited in certain geographic areas. All plan rates, features, functionality, and other product specifications are subject to change without notice or obligation.
If you purchase a SIM card and are using it with the Hunting Cloud Service, it must be compatible, and not interfere with, our service, and must comply with all applicable laws, rules and regulations. You are responsible for ensuring that any compatible wireless devices that you use is compatible with the Hunting Cloud wireless service and that your device meets all applicable laws and standards. You are further responsible for the purchase and maintenance of any additional hardware, software and/or internet access required in order to use your non-Hunting Cloud product on the Hunting Cloud Service. Hunting Cloud Service will only work with wireless devices that are compatible with our network. Not all services are available with all wireless devices or on all networks. We may remotely change your wireless product's software, applications or programming without notice. This could affect your stored data, your device's programming and how you are able to use your wireless device.
If you notify us that your Product is lost or stolen, your account will be deactivated and any unused Service balance will be lost and will not be transferred. At Hunting Cloud's discretion, service may continue until the Service End Date.
TERMINATION OF SERVICE
Either party may terminate this Agreement (which will terminate the provision of Hunting Cloud Service) at any time. Any unused service at the time of termination will not be refunded. Hunting Cloud may terminate this Agreement at any time without notice if we cease to provide service in your area. We may interrupt or terminate your service without notice for any conduct that we believe violates this Agreement, "if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, if we have reasonable cause to believe that you are using your Hunting Cloud product and/or wireless service for an unlawful purpose or in a way that may adversely affect our Service, if you engage in any deceptive or unfair conduct with respect to your Hunting Cloud product and/or wireless service. Any provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive termination, including, but not limited to, any restrictions on the use of Hunting Cloud Products.
REFILLING YOUR Hunting Cloud SERVICE
Hunting Cloud Service includes various service plan options through its network & cloud service provider. We strive to transfer data from your Hunting Cloud product to the mobile application and/or web-portal via the most energy efficient connection protocol available which generally means the fastest data connection protocol available up to and including 4G LTE. Connection protocols and thus data speeds are dependent on your Hunting Cloud product's capabilities and the type of data coverage available at the location of your Hunting Cloud Product. Actual data speeds are further affected by existing and changing network conditions.
Your Hunting Cloud Product will only operate when (1) your Service is active AND (2) you have a positive Service Balance (i.e., photos remaining in your chosen plan) in your account. Texts, data, and Service days do not have cash value and do not accumulate. Hunting Cloud Services are non-refundable. No refunds or discounts will be given for (i) unused Service balances that expire by your Service End Date; (ii) unused Service balances on your Hunting Cloud product if it is lost or stolen. Any unused Service Balance(s) that exist at the time you refill your Service and/or at your Service End date will not carry over or accumulate.
Service End Date: Your "Service End Date" is the last day of your Service Period. When Services are refilled on your Hunting Cloud product, your Service End Date will be reset to the number of Service Days on your refilled plan. You can find your Service End Date by visiting your Hunting Cloud App, logging in, and visiting your Account Settings.
You must notify us in writing of any disputed charges within thirty (30) days of the charges or you will have waived your right to dispute the charges.
INFORMATION STORED ON Hunting Cloud PRODUCTS
Your Hunting Cloud Product may contain sensitive or personal information thereon. Hunting Cloud is not responsible for any information on your Hunting Cloud Product, including sensitive or personal information, data or photographs. If possible, you should remove or otherwise safeguard any sensitive or personal information, data, and photographs from theHunting Cloud Product as soon as possible. By returning your Hunting Cloud Product to us, you agree that our Employees, Contractors, or Vendors may access all of the information on your Hunting Cloud Product.
Hunting Cloud Service provides wireless data access to the Internet. Although Hunting Cloudt Products are not intended to communicate content (images or video) to the public, they may be configured to do so. Additionally, although Hunting Cloud Products and Services are not intended to be used to access and view Internet content, they may be modified to do so. Internet content is NOT rated or filtered and you are solely responsible for the use of such material, which may be offensive or objectionable to you or to others. You agree not to hold Hunting Cloud liable for any offensive or objectionable content, and you agree not to hold Hunting Cloud liable for any content made available to the public via Hunting Cloud's Products and/or Service.
Hunting Cloud Service is for individual use only and may not be offered for resale. Hunting Cloud reserves the right to take measures to protect the Carriers' networks (i.e., Hunting Cloud's Contractors' networks) and other users from harm, compromised capacity or degradation in performance. These measures may impact your Service, and we reserve the right to deny, modify or terminate Service, with or without notice, to anyone we believe is using the Hunting Cloud Service in a manner that adversely impacts the Carriers' networks. We may monitor the compliance of customers with these Terms and Conditions, but we will not monitor the content of your communications except as otherwise expressly permitted or required by law.
Hunting Cloud Service is not intended for use by children. In the event that you, as a legal guardian allow your child to use Hunting Cloud Products and Services, you acknowledge that your child has the permission to access the Internet. You further acknowledge that as a legal guardian, it is your responsibility to supervise content sent to the public Internet by your child while using Hunting Cloud Products and/or Services, and it is your responsibility to determine whether use of the Internet via Hunting Cloud Service is appropriate for your child. If you access the Internet with the Hunting Cloud Service, you agree that you are of the minimum legal age to visit certain sites and you agree not to visit any illegal sites. Availability and reliability of Hunting Cloud Service is subject to transmission limitations, and your actual device speed may vary from time to time. Access to certain websites may be blocked or unavailable due to carrier or other restrictions. You agree that Hunting Cloud is not responsible for and has no liability for content (e.g., photos and videos) sent to the public Internet by you or your child.
SERVICE AREA AND COVERAGE
You will find Service Area and Coverage from us or dealers of us. These information are for general reference purposes only. The coverage info are provided by our Contractors (i.e., wireless network operators) and depict the general coverage area of Hunting Cloud. The coverage info are not a guarantee of coverage. Coverage is not available everywhere. The coverage info display only the predicted and approximate optimal wireless Hunting Cloud for transmissions, while outdoors, of the network on which your device may be activated including the coverage area of the network's roaming partners, if applicable. The coverage areas do not guarantee service availability, and may include locations with limited or no coverage, especially for data service. Within coverage areas, there may be significant limitations or interruptions in coverage that may impact service and result in dropped and blocked connections, slower data speeds, or no data connectivity. This could occur due to many factors including your device, network changes, network traffic volume, network outages, technical limitations, signal strength, the terrain and your Hunting Cloud Product's proximity to buildings, foliage and other obstructions, weather and other conditions. Areas with weak coverage may significantly reduce battery life of Hunting Cloud Products. Your Hunting Cloud Product will work outside of coverage areas, but content (photos and videos) will not be transmitted via the Hunting Cloud Service to the destination you have designated. The coverage depicted on the Hunting Cloud coverage range is based on the information provided by other carriers and public sources, and we cannot guarantee their accuracy. Hunting Cloud is not responsible for any Service outages, interruptions in service or decline in the quality of service regardless of the cause.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Hunting Cloud, ITS EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, SALES OR DATA; ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, OR LOSS OF BUSINESS INFORMATION; OR FOR ANY OTHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE ANY Hunting Cloud PRODUCT AND/OR SERVICE INCLUDING, WITHOUT LIMITATION, VOICE SERVICE, VOICE MAIL, ANY GPS MAPS, SOFTWARE, MOBILE WEB SERVICES OR OTHER WEB CONTENT, EVEN IF Hunting Cloud, OR THEIR RESPECTIVE CONTRACTORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO JURISDICTIONS THAT MAY NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED IN SOME CASES, Hunting Cloud, ITS EMPLOYEES, LICENSORS AND AFFILIATES' LIABILITY SHALL BE LIMITED TO U.S. $100.
DISCLAIMER OF WARRANTIES
NO WARRANTY, EXPRESS OR IMPLIED, IS MADE REGARDING THE CONDITION OR FITNESS OF THE SERVICES OFFERED OR USE OF THE SERVICE FOR ANY PARTICULAR USE OR PURPOSE, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT. Hunting Cloud DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON ITS BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY Hunting Cloud. YOU ACKNOWLEDGE THAT Hunting Cloud SERVICE IS PROVIDED "AS IS" AND Hunting Cloud MAKES NO WARRANTY TO YOU OR TO ANY THIRD PARTY WHATSOEVER, DIRECTLY OR INDIRECTLY, EXPRESS, IMPLIED OR STATUTORY, AS TO THE SUITABILITY, DURABILITY, DESCRIPTION, QUALITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR USE OR PURPOSE OF THE SERVICE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. WE ALSO MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, Hunting Cloud EMPLOYEES, TO MAKE ANY WARRANTIES ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. YOUR USE OF THE Hunting Cloud SERVICE IS SOLELY AT YOUR RISK.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Hunting Cloud, its affiliates, licensors, employees, and Contractors, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions of Service or your use Hunting Cloud Products and/or Service, including, but not limited to, your use of Hunting Cloud's Products and/or service including other than as expressly authorized in these Terms and Conditions of Service.
DISPUTE RESOLUTION
Most customer concerns can be resolved to your satisfaction by calling Customer Support at support#Hunting Cloudera.com (replace # with @), viewing information on the website at: www.wuyuantech.com. You agree contact us in writing at Hunting Cloud Support and provide a description of your dispute, all relevant documents, and your proposed resolution prior to taking any formal action. You further agree to submit your dispute to binding arbitration or small claims court as set forth herein if we are unable to resolve your dispute within 30 days of your notice to us.
BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION) THROUGH BINDING ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THAT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF Hunting Cloud'S AGREEMENT WITH YOU. YOU AGREE THAT YOU ARE AWARE THAT THERE IS NO JUDGE NOR JURY IN ARBITRATION BUT THAT AN ARBITRATOR MAY AWARD YOU THE SAME DAMAGES AND RELIEF THAT YOU MAY BE ABLE TO RECOVER IN A COURT OF LAW. YOU AND Hunting Cloud FURTHER AGREE THAT THE ARBITRATOR MUST HONOR THE TERMS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING A CLAIM IN SMALL CLAIMS COURT.
All claims by you against Hunting Cloud or our Contractors will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to Hunting Cloud, as set out above, to allow an opportunity to resolve the dispute prior to initiating arbitration. The arbitration of any dispute or claim shall be conducted in accordance with law. You and Hunting Cloud agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, you and Hunting Cloud agree that the arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If the preclusion of consolidated, class wide, or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void.
WAIVER AND SEVERABILITY
No waiver of by the Company of any term or condition set forth in these Terms and Conditions of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions of Service shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions of Service will continue in full force and effect.
ENTIRE AGREEMENT
The Terms and Conditions of Service and our Privacy Policy constitute the sole and entire agreement between you and Hunting Cloud with respect to Hunting Cloud's website, Hunting Cloud's Contractors' websites, Hunting Cloud's Contractors' Services, and Hunting Cloud's Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Hunting Cloud's website, Hunting Cloud's Contractors' websites, Hunting Cloud's Contractors' Services, and Hunting Cloud's Service.