360iQ - Terms and Conditions
360iQ Pty Ltd (“360iQ”) shall provide the SNAPSHOT report, at the Serviced Premises. The Service includes the Snapshot Report service. The Subscriber’s sign-up and registration for, or use of, the Service shall be deemed to be agreement by the Subscriber to abide by all the terms and conditions of this Agreement.
This agreement shall remain in effect on a month by month basis based on monthly payment and the Subscriber shall provide the confirmation for the cancellation of the service at Subscriber’s cost at least one (1) week prior to the end of its initial term. Subscriber may additionally terminate this IRA at any time, without cause, by providing 360iQ with at least fifteen (15) days prior written notice.
3. SERVICE ACCESS, AUDIO AND REMOTE VIEWING
Subscriber hereby grants 360iQ the right to access the subscriber’s installed ‘Subway Surveillance’ system. Subscriber shall be solely responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service.
The number and placement of cameras is ultimately at the subscriber’s discretion and may or may not cover all areas. In order to perform our snapshot services 360iQ will need certain camera placements with required views. By contracting our snapshot services, the subscriber acknowledges that 360iQ must have the required views we need
• There are laws that prohibit video recording in areas dealing with high levels of expected privacy such as restrooms. The subscriber is responsible for checking governing laws for their local jurisdiction. This includes audio recording which vary country to country
• One party consent- only the person doing the recording has to give consent and does not have to notify the other party (or parties) that the conversation is being recorded
• Should you have additional support questions, please contact the 360iQ help desk at +612-8520-3234
4. LIMITATION ON NETWORKING
360iQ is not responsible for networking equipment. Minimum recommended Subscriber Internet upload speed for up to 8 camera systems is 1 Mb/sec and for more than 8 cameras (or less than 8 but with a 360-degree camera) 2 Mb/sec for minimum performance. Failure to provide these upload speeds could negatively impact the ability to provide the SNAPSHOT report service
5. PROPRIETARY SOFTWARE AND LICENSE
Subscriber acknowledges, and agrees, that the Service uses proprietary software (the “Software”) owned by 360iQ, and the Subscriber is being granted an individual (unlimited, non-exclusive, non-transferable) license per store to use the Software subject to the terms and conditions of this Agreement. The Subscriber acknowledges, and agrees, that the Subscriber, its employees and agents, are expressly prohibited, directly or indirectly, from attempting to discover the source code, underlying algorithms, or technology of the Software; renting, leasing, selling, assigning, or transferring rights to the Software; modifying or making derivative works based on the Software; or using the Software in any service bureau or timeshare capacity. The Subscriber acknowledges, and agrees, that 360iQ. retains exclusive ownership throughout the world of its Software, including portions or copies, and all rights not expressly granted to the Subscriber are reserved by 360iQ
6. SUBSCRIBER DATA
360iQ warrants that all data inputted into the Service by the Subscriber (Subscriber Data) or its agents, is and shall remain the exclusive property of the Subscriber. The Subscriber acknowledges, and agrees, that Subscriber shall remain solely responsible for the accuracy, integrity, reliability, quality, and legality, of Subscriber Data, and 360iQ shall not be held accountable or liable for any correction, deletion, loss, destruction, or failure to store any such Subscriber Data. All Subscriber Data is considered confidential. 360iQ will not share, rent, sell, trade or otherwise disclose any personally identifiable information or Subscriber identifiable information. 360iQ may, however, in its sole discretion disclose to third parties that Subscriber Data which is not personally identifiable. 360iQ shall use all reasonable efforts to protect the Subscriber’s data and conduct data backups.
7. DISCLAMER OF WARRANTIES
SUBSCRIBER ACKNOWLEDGE AND AGREE THAT THE PRODUCT AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF 360iQ’S ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “360iQ PARTIES") GUARANTEES THE TIMELINESS, ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THE PRODUCTS OR SERVICES, OR THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SOFTWARE AND THE TIMELINESS, USEFULNESS, ACCURACY OR COMPLETENESS OF THE PRODUCTS AND SERVICES IS ASSUMED SOLELY BY SUBSCRIBER. ALL OF THE 360iQ PARTIES HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE 360iQ PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SOFTWARE, THE PRODUCTS OR SERVICES.
360iQ is the sole and exclusive owner of the Products and Services, and all Intellectual Property Rights therein. Except for the limited license granted herein in Section 5 the Subscriber acquires no rights therein.
This Agreement constitutes the sole and entire understanding between parties with respect to the subject matter hereof and supersedes all prior conversations, representations, promises whether verbal or written. No modification of this Agreement shall be valid unless made in writing and signed by each party. The provisions of this Agreement are severable; if any clause or provision shall be held invalid or unenforceable, in whole or in part, then such invalidity shall attach only to such clause or provision, or part thereof, and shall not affect any other clause or provision. The person executing this Agreement on behalf of Subscriber represents or warrants that he or she has the power and authority to sign this Agreement on behalf of Subscriber.