Terms of service
3-Link (the "Product") is a smart device product and service developed, operated and managed by Shenzhen HuayiVideo Technology Co., LTD Ltd. ("3-Link" or "we") . Our registered address is at Room 208-210, Building C, Ziguang Information Port, No. 13 Langshan Road, North District, Science and Technology Park, Nanshan District, Shenzhen, China.
Please read this Terms of Services (“Terms”) carefully before using the Services (defined below) offered by 3-Link and its subsidiaries and affiliates (collectively, “3-Link” “we”, “our” or “us”). This Terms governs all the services that 3-Link provides, including: (1) a 3-Link user website that may be accessed through https://www.3-Link.com (“Website”); (2) services accessible through the Site (“Web Services”); (3) software and application that may be downloaded to your mobile devices (“Mobile App”); (4) smart home electronic consumer products offered at 3-Link Website and other official platforms (“Products”); (5) subscription services, including services that can be accessed using the Web Services and Mobile App (“Subscription Services”). The term “Services” means the Website, Web Services, Mobile App, Products, and Subscription Services.
Please note that the following are the terms of an agreement between you and 3-Link. When you use our Services, you accept the Terms set forth below without limitation or qualification. If you do not agree to these terms, YOU SHOULD NOT USE THE SERVICES AND PRODUCTS.
Access to 3-Link Services
(a) Access and Use. As long as you comply with the Terms, 3-Link grants you a non-exclusive and non-transferable right (without the right to sub-license) to access and use 3-Link Service by installing and using the Mobile Apps solely on your own mobile device (e.g., iPhone, iPad or Android smartphone) and solely for the Permitted Purpose, and accessing the Website solely for your personal purpose.
(b) Automatic Software Updates. 3-Link may from time to time, develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and/or the Product Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent.
(c) 3-Link provided interface to Third-Party Products and Services. Over time, 3-Link may provide the opportunity for you to interface the Products and Services to one or more third-party products and services, through and using the Services. You should contact the third party with any questions about their Third-Party Products and Services.
(d) Certain materials may be displayed or performed on the Services (including, but not limited to, text, graphics, articles, photographs, video, images and illustrations (“Content”)). You shall abide by all copyright notices, trademark rules, information and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third-party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners.
(e) Certain Restrictions.The rights granted to you in these Terms are subject to the following restrictions:
(i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services or Products;
(ii) you agree not to modify, make derivative works of, disassemble, reverse-compile or reverse-engineer any part of the Services or Products;
(iii) you agree not to access the Services or Products in order to build a similar or competitive service or product;
(iv) except as expressly stated herein, no part of the Services or Products may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means;
(v) you agree not to upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter a computer or communications network, computer, handheld mobile device, data, the Services, the Products, the Product Software or any other system, device or property;
(vi) you agree not to interfere with, disrupt or attempt to gain unauthorized access to the servers or networks connected to the Services or violate the regulations, policies or procedures of such networks;
(vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by 3-Link;
(viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) that may be contained in, or displayed in connection with, the Services or Products. Any future release, update or other addition to functionality of the Services shall be subject to these Terms.
(f) Modification. 3-Link reserves the right, at any time, to modify, suspend or discontinue the Services or any part thereof with or without notice. You agree that 3-Link will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any part thereof.
Accounts
Certain features or services offered on or through the Website and Mobile App may require you to open an account (including setting up a 3-Link Account and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify 3-Link immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by 3-Link or any other user of or visitor to the Site due to someone else using your 3-Link Account, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else´s 3-Link Account, password or account at any time without the express permission and consent of the holder of that 3-Link Account, password or account. 3-Link cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Agreed Usage and Limitations of 3-Link Services and Products
(a) Intended Use of 3-Link Services. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. You acknowledge these limitations and agree that 3-Link is not responsible for any damages allegedly caused by the failure or delay of the Services.
(b) No Life Safety or Critical Uses of the Products and Services. You acknowledge and agree that the Products and Services, whether standing alone or when interfaced with Third-Party Products or Services, are not certified for emergency response.
(c) Permits and Registration for Pro Monitoring. Some local governments have various permit or registration requirements for use of the Products with Pro Monitoring. Without the required permit or registration, emergency responders may not respond to requests from a Third-Party Monitoring Provider for emergency dispatch, and/or fines and penalties may be levied against you by the applicable local government.
(d) Reliability of Services. You acknowledge that the Services, including remote access and mobile notifications, are not error-free or 100% reliable and 100% available. You agree that you will not rely on the services for any life safety or critical purposes. Mobile notifications regarding the status and alarms on your 3-Link products are provided for informational purposes only- they are not a substitute for a third-party monitored emergency-notification system.
(e) System Requirements. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.
(f) The Services provide you with information (“Product Information”) regarding the Products in your home and their connection with other products and services. We cannot guarantee that it is correct or up to date.
(g) Installation, test and use. It is your responsibility to test the Products once installed to be sure the Products (and any related sensors, components and peripherals) are functioning and communicating as intended and designed, and then regularly test and maintain the Products after installation.
(h) Smart device standards/Use only 3-Link Certified Third-Party Products or Services. You agree only to use third-party products and services designated by 3-Link as compatible with THE products and services.
Limitations of 3-Link Services Due to Third Parties
3-Link Services rely on or inter-operate with third-party products and services, including Third-Party Service Providers Used By 3-Link, Equipment, ISP and Operator, App Store or Google Play, Third-Party Website Links and Referrals, Authorized Users, Release Regarding Third Parties. These third-party products and services are beyond 3-Link´s control, but their operation may impact on, or be impacted by, the use and reliability of the 3-Link Services. You acknowledge and agree that:
(a) the use and availability of the Services is dependent on third-party product vendors and service providers.
(b) these third-party products and services may not operate in a reliable manner 100% of the time and they may impact on the way that the 3-Link Services operate, and 3-Link is not responsible for damages and losses due to the operation of these third-party products and services.
Ownership and Intellectual Property
(a) 3-Link Property. You acknowledge that all intellectual property rights, including, without limitation, copyrights, patents, trademarks and trade secrets, in the Product, Product Software and Services (i.e., the Website and Mobile App) are owned by 3-Link or its affiliates or our licensors.
(b) Feedback and User Submissions. You may choose to or 3-Link may invite you to submit comments, suggestions or ideas about the Products or Services, including how to improve the Products or Services (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited and without restriction, and will not place 3-Link under any fiduciary or other obligation.
Warranty Disclaimers
(a) The warranties for the product and product software are set forth in the limited warranty and the end user license agreement, respectively.
(b) 3-Link, and our licensors and suppliers, make no warranty that defects will be corrected or that the services: (i) will meet your requirements; (ii) will be compatible with your home network, computer or mobile device; (iii) will be available on an uninterrupted, timely, secure or error-free basis; or (iv) will be accurate or reliable. no advice or information, whether oral or written, obtained by you from 3-Link or though the services, shall create any warranty.
(c) 3-Link does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through, or in connection with, the products or services (including, but not limited to, third-party products and services connected through the works with 3-Link platform), or any hyperlinked website or service.
(d) 3-Link makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the services.
(e) When you install, setup or use the products and services you are given the opportunity to change defaults or choose particular settings. the choices you make can cause non-recommended or unintended operation or non-operation of your products and services and any connected equipment or systems. You assume all liability for any damages and losses caused by, or related to, the choices you make for the particular settings for the products and services, and setting or changing defaults.
Limitation of Liability
Nothing in these Terms and, in particular, within this “Limitation of Liability” clause, shall be interpreted or construed to limit or exclude liability that cannot be so limited or excluded under applicable law.
To the maximum extent permitted by applicable law, in addition to the warranty and other disclaimers in these terms, in no event will
3-Link be liable for any indirect, consequential, exemplary, special or incidental damages, including, without limitation, any damages for lost data or lost profits arising from or relating to the services or the products, even if 3-Link knew, or should have known, of the possibility of such damages, and
3-Link disclaims all liability of any kind of 3-Link´s licensors and suppliers. Under no circumstances will 3-Link be liable in any way for any content, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred in connection with use of, or exposure to, any content posted, emailed, accessed, transmitted or otherwise made available via the services.
Your use of our Products and Services is at your sole risk. Except as otherwise provided in a writing by us, and to the extent allowable by applicable law, our Products and Services and any content therein, including User Content, are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, 3-Link does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While 3-Link attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
Some jurisdictions do not allow or limit the exclusion of certain warranties, so the disclaimers and limitations above may not apply to you to the extent applicable law so requires. Some jurisdictions may impose additional warranties for consumer contracts, which may be applicable for you depending on your jurisdiction of residence or where you purchased the Product.
Fees and Payment
Certain Services may be provided for a fee. You shall pay all applicable fees in connection with the Services selected by you in accordance with the Terms of Sale.
Certain Products and Services may require you to enroll in a recurring subscription before they can be used. Recurring subscriptions may be made available on either a monthly or a yearly basis (“Subscription Periods”) for the recurring fee indicated at the time you enroll in the subscription (“Fee”). You agree that your subscription is continuous until you cancel it and that you will be charged the Fee both (a) at the beginning of the Subscription Period and (b) at the beginning of each subsequent Subscription Period until you cancel.
YOU HEREBY AUTHORIZE 3-Link TO AUTOMATICALLY CHARGE THE FEE TO YOUR CREDIT CARD, DEBIT YOUR BANK ACCOUNT, OR OTHERWISE BILL OR CHARGE YOU IN ACCORDANCE WITH ANY PAYMENT METHOD YOU HAVE SELECTED, AT THE BEGINNING OF EACH SUBSCRIPTION PERIOD UNTIL YOU CANCEL YOUR SUBSCRIPTION. YOU MUST CANCEL YOUR SUBSCRIPTION AT LEAST TWENTY-FOUR (24) HOURS BEFORE THE END OF YOUR CURRENT SUBSCRIPTION PERIOD IN ORDER TO AVOID BEING CHARGED FOR THE NEXT SUBSCRIPTION PERIOD.
If you do not cancel at least twenty-four (24) hours before the end of the current Subscription Period, you will be charged for another Subscription Period. For example, if your monthly subscription begins on January 1, you must cancel at least twenty-four (24) hours before February 1, which means you must cancel on January 30 to avoid being charged for the Subscription Period beginning February 1.
If the subscription Fee changes, 3-Link will notify you at least 30 days in advance of the next Subscription Period. If you do not want to pay the new Fee, you must cancel your subscription at least twenty-four (24) hours before the end of the current Subscription Period.
If you used an activation code or a promo code, coupon code, or other discount to sign up for a subscription, your subscription will automatically renew at the end of the applicable subscription period. 3-Link will automatically charge your payment method on file, and you will be responsible for payment of the full Fee due.
Privacy Policy
Please see 3-Link Privacy Policy for information and notices concerning 3-Link´s collection and use of your personal information with respect to the Service. The Privacy Policy is hereby incorporated by reference; your acceptance of the Terms constitutes your acceptance and agreement to be bound by our Privacy Policy.
Data Protection Laws
3-Link products are designed and intended primarily for personal and household use. Nonetheless, laws in your jurisdiction may impose obligations on how you use the Services. For video, audio, and photographic information collected by the Services, you are the controller of this data and 3-Link is the processor under relevant laws. By using the Services, you agree that you, not 3-Link, are responsible for adhering to applicable laws, including those covering the recording of third parties. For more information on this, see our Privacy Policy.
Termination
This Agreement shall remain in full force and effect while you use the Service. You may terminate your use of the Service at any time. At any time, 3-Link may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you if 3-Link in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms or rules. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
Disputes Resolution and Arbitration Agreement
If a dispute arises between you and 3-Link, our goal is to learn about and address your concerns. You agree that you will notify 3-Link about any dispute you have with 3-Link regarding these Terms.
For any questions or claims, please contact 3-Link.
General
(a) Changes to These Terms. 3-Link reserves the right to make changes to these Terms. 3-Link will post notice of changes to any one or more of the following: this page, other official websites or 3-Link Mobile App.
(b) Governing Law. These Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Products and Services shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
(c) Protection of Confidentiality and Intellectual Property Rights. 3-Link may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
(d) Entire Agreement/Severability. These Terms constitute the entire agreement between you and 3-Link regarding the use of the Services and purchase of the Products. Any failure by 3-Link to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
(e) Survivability. If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(f) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without 3-Link´s prior written consent.
(g) Copyright/Trademark Information. Copyright © 2023, 3-Link.com. All rights reserved.