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TERMS OF SERVICE
CLOUD STORAGE
Through this CLOUD STORAGE CONTRACT TERMS AND CONDITIONS (“Contract”), INTELBRAS S/A INDÚSTRIA DE TELECOMUNICAÇÃO
ELETRÔNICA BRASILEIRA (“INTELBRAS”) presents its conditions for offering and using the Cloud Storage Platform, which are contracted by the
CLIENT upon acceptance of this Agreement.
1. SOLUTION OFFERED
1.1. Solution Description: The Cloud Storage solution was developed to offer security, convenience, and complete control of recordings made by
surveillance cameras. With modern features and specialized technical support, the platform allows users to store, access, and share content simply
and reliably from anywhere.
1.2. Photo Storage: The Photo Storage feature stores images captured by the camera in the cloud. The solution provides great peace of mind and
care for your family's safety, combining technology and comfort in an intelligent monitoring experience.
1.3. Video Storage: Cloud Video Storage provides users with a secure space to upload and store recordings, with specialized technical support. In
addition to storage, the solution allows automatic synchronization, easy management, and quick sharing of videos, ensuring integrity, accessibility,
and total control over the data recorded by security cameras.
1.4. Technical Specifications:
1.4.1. Photo Storage:
a. This plan does not offer video recording in the cloud. Instead, it performs sequential image capture, creating a visual timeline from
photos extracted from local recordings.
b. Benefits include: Automatic SD card backup; Picture-in-Picture for simultaneous viewing; Babysitter Pro mode, with features geared
toward childcare; Daily summary of detections, with a compilation of the day's main images; Background audio, even with the app
minimized; Photo storage in the cloud, ensuring secure and remote access to captures.
1.4.2. Video Storage:
a. The Video Storage Service does not upload or provide content directly on its own and does not modify or edit any content transmitted
by Users;
b. All recordings made by the Video Storage cloud recording service use economical video stream resolution;
c. INTELBRAS reserves the right to limit the number of accounts that can be created from a device and the number of devices associated
with an account;
d. The latest version of the software may be required for certain functions or features, and the CUSTOMER is aware that it is their
responsibility to keep the software up to date.
1.5. Information about Photo Storage:
a. The SD card backup function does not automatically back up videos;
b. Photos are not automatically saved to the phone's gallery. If the CUSTOMER wishes to do so, they must enable this feature in the app
permissions;
c. By using the Photo Storage services, the CUSTOMER is automatically subject to compliance with the Terms of Use;
d. To contract the service covered by this Agreement, the CUSTOMER must have an account in the Mibo Smart app, being aware that this
account will entitle them to use the service only in relation to devices directly registered and linked to it, i.e., if the CUSTOMER has access
to devices linked to other accounts in their app, this service will not be available for these devices.
1.6. Functionality: The "Photo Storage" feature is a new form of cloud recording for Cloud Storage plan users, whereby, when motion is detected
by a compatible camera, images (photos) are automatically sent to INTELBRAS' cloud server. The CUSTOMER will be able to access these records
in an organized manner, viewing the captured events.
a) Retention Period: Photos captured via motion detection will remain available in the cloud, with the storage period to be determined
according to the contracted plan, being continuously replaced as time elapses, based on the last seven calendar days.
b) Compatibility Limitation: The CUSTOMER acknowledges that the benefit now available has compatibility limitations with certain camera
models. Thus, the "Cloud Photo Storage" feature is not compatible with the following models:
iM3
iM3 Black
iMX
iMX Black
iM4
iME 360
iM5
iM5 S
iM8
c) Important Information: Compatibility verification is the responsibility of the CUSTOMER, who must check in advance whether the
device(s) used are suitable for use with the functionality described herein. Lack of compatibility will not give rise to any refund,
compensation, or any other type of indemnification by INTELBRAS.
16.1. INTELBRAS provides the CUSTOMER with the Video Storage feature, compatible with all cameras in the line, allowing recording and remote
access to captured images. The solution includes data retention plans for 3 (three), 7 (seven), 21 (twenty-one), and 30 (thirty) days, as chosen by
the Contracting Party. It should be noted that the 30 (thirty) day storage plan includes additional benefits, the specific conditions and features of
which will be detailed in the commercial proposal or attached technical document.
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1.7. Device Management: The scope includes the device management platform, through which the Customer may, among other functions, block
cameras linked to their Video Storage, as well as consult the following camera data: serial number, camera model, firmware version, and status
(offline/online).
1.8. Solution Performance: The Services will only be activated when the camera detects movement of human beings or other physical items. The
camera will then start recording and sending the data to the Cloud. For the Video Storage Service to function properly, the CUSTOMER needs at
least 512k of bandwidth for each channel of the device. If the device cannot connect to the Service because it is offline, without power, or deleted,
or due to insufficient bandwidth, it will not be possible to save or send videos.
2. COMMERCIAL TERMS
2.1. Term: The term may be weekly, monthly, or annual, and the CUSTOMER is responsible for choosing the plan.
2.2. Plans Offered: The CLIENT can access the Services by choosing one of the following options:
a. Subscribe to the weekly term plan, with advance payment and automatic renewal;
b. Subscribe to a monthly plan, with advance payment and automatic renewal;
c. Subscribe to an annual plan, with advance payment and automatic renewal;
d. Validate a Gift Card or Prepaid Card, which gives access to the Service for a period previously defined on the Card (3, 7, or 30 days of
recording, valid every six months or annually, depending on the choice made).
2.2.1. The subscription fees for each plan, as well as what each one includes, are available in the app itself for consultation by the CUSTOMER.
2.3. Subscription Activation: To activate a subscription, the CUSTOMER must open the app, click on devices and the cloud service logo, and choose
the subscription to purchase. If the CUSTOMER has a prepaid card for the Cloud Service, they can start the subscription by entering the respective
code.
2.4. Subscription Fee: Subscription fees are billed or charged on the first day of the applicable subscription period. The subscription is unique for
each device. If the CUSTOMER has more than one device, they must purchase more than one subscription. If any payment is returned as not
completed or any credit card or similar transaction is rejected or denied, INTELBRAS reserves the right to cancel the subscription and charge any
rejection or insufficient funds fees and process any payment by the payment method that was submitted by the CUSTOMER.
2.5. Price Changes: Service prices are subject to change at any time, in which case the CUSTOMER will be informed at least 30 (thirty) days in
advance.
2.6. Purchase of New Plans: During the Paid Subscription, if the CUSTOMER purchases another subscription plan at a lower price, the term of the
new subscription plan will be added to the existing Paid Subscription. When the existing Paid Subscription expires, the new subscription plan will
begin immediately, i.e., the subscription is automatically renewed. If the CUSTOMER does not wish to renew, they must proceed as provided for
in clause 2.7 below.
2.6.1. In the event of purchasing a new plan of a higher category than the one previously contracted, a proportional charge will be made for the
remaining days of use of the plan until the renewal date. The contractual upgrade will be applied immediately, and the full amount of the new
plan will be charged from the date of the initial contract.
2.7. Subscription Cancellation: If the CUSTOMER wishes to cancel the monthly subscription plan, they must make the request directly in the
Application, choosing the option "Cancel Subscription." Cancellations must be made at least three (3) days prior to the scheduled date of the next
charge, otherwise the next period will be considered active and the respective charge will be made. If the CUSTOMER has signed up for an Annual
Plan, early cancellation will result in a refund to the CUSTOMER of the amount already paid, minus the months used (including the month of
cancellation) and a termination fee corresponding to 30% (thirty percent) of the total amount. In the Monthly Plan, there is no amount to be
refunded. In case of any problem with cancellation via the Application, the CUSTOMER may send an email to suporte@intelbras.com.br or call
(48) 2106-0006.
2.8. Consequences of Cancellation: If the CUSTOMER deactivates their existing subscription, their device will stop uploading videos to the cloud;
however, their existing subscription term will not be extended and will expire at the end of the original term. The CUSTOMER will not be eligible
for any pro-rated refund of any portion of the subscription fee paid for that subscription plan.
3. CONTRACTUAL PROVISIONS
3.1. Content Storage: Content uploaded to the application will be stored there for the number of days contracted by the CUSTOMER at the time
of subscription, after which it will be replaced by content from the following period, and so on. Thus, if the CUSTOMER has contracted a monthly
plan for 3 (three) days starting on September 5, for example, the content will be saved until the 7th and deleted on the 8th of September, on
which day another period of 3 (three) days will begin, and so on. In this example, if the CUSTOMER terminates the Agreement on October 5, that
is, 30 days after the date of signing, no new videos will be saved or uploaded from that date, and all saved data will be permanently deleted on
October 7, that is, three days after the termination date, and can no longer be viewed again.
3.2. Service Compatibility with Devices: To contract the service covered by this Agreement, the CUSTOMER must have an account in the Mibo
Smart application, being aware that this account will entitle them to use the service only in relation to the devices directly registered and linked
to it , i.e., if the CUSTOMER has access to devices linked to other accounts in their application, this service will not be available for these devices.
3.3. Network Services Considering the specific nature of network services, the CUSTOMER agrees that the Cloud Service has the right to change,
interrupt, or terminate part or all of the network services at any time. If the changed, interrupted, or terminated network services are free of
charge, the Cloud Service will not be required to notify CUSTOMERS separately nor will it bear any liability to any CUSTOMER or third party.
3.4. Software Operation: The CUSTOMER understands that the Cloud Service needs to inspect and repair, regularly or irregularly, or maintain the
platform that provides network services or relevant equipment, and if, in such circumstances, any fee-based service is interrupted within a
reasonable period, the Cloud Service does not need to be liable for such interruption, provided, however, that advance notice is given to the
extent possible.
3.5. Change/Deletion of Services: The Cloud Service may change this Service or delete part of its functions at any time, for any reason. The Cloud
Service may cancel or terminate the CUSTOMER's services at any time. The Cloud Service's decision to cancel or terminate services does not
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require a reason or notification to the CLIENT. Once services are canceled, the CLIENT's rights to use this Service terminate immediately. Once this
Service is canceled or terminated, any information stored by the CLIENT on this Service may be irretrievable.
3.6. Disclaimer of Warranties: The Cloud Service does not warrant (including, but without limitation):
a. The Cloud Service is suitable for the CUSTOMER's usage requirements;
b. The Cloud Service is uninterrupted, timely, secure, reliable, or error-free; and any products, services, or other material obtained by the
CLIENT through the Cloud Service will meet the CLIENT's expectations;
c. The CLIENT shall be responsible for the risks of using any data downloaded or obtained through the Cloud Service; and if, due to such
use, the CLIENT's computer systems are damaged or its data is lost, the CLIENT shall be solely responsible for such damage or loss.
d. Once deleted, the CLIENT's data is irretrievable; the CLIENT shall bear the consequences and responsibilities caused by such data
deletion, and the Cloud Service has no obligation to continue retaining, exporting, or returning the CLIENT's business data.
3.7. Limitation of Liability: With respect to any loss of profit, goodwill, or data, or any other tangible or intangible, direct, indirect, special,
consequential, or exemplary damages resulting from the following reasons, the Cloud Service shall not be liable for any direct or indirect
compensation:
a. The use or unavailability of the Cloud Service;
b. Any products, data, or services purchased or obtained through the Cloud Service;
c. any changes made to the Service;
d. Deletion, corruption, or failure to store and/or send or receive your transmission or data on or through the Service;
e. Unauthorized use or modification of CLIENT data and any other matter related to the Cloud Service.
3.8. Account Creation and Use: As a registered user of the Service, the CUSTOMER must establish an Account and not disclose their Account
information to any third party. The CUSTOMER is solely responsible for maintaining the confidentiality and security of their Account and for all
activities that occur on or through their Account, and agrees to immediately notify Intelbras of any security breach in their Account. The CUSTOMER
also acknowledges and agrees that the Service is designed and intended for personal use on an individual basis and shall not share their Account
details and/or password with any other party. Provided that Intelbras has exercised reasonable skill and due care, Intelbras shall not be liable for
any losses arising from the unauthorized use of their Account that result from their failure to comply with these rules.
3.9. Content Available on the Platform: As a provider of the Cloud Service, INTELBRAS cannot control the content provided by the CUSTOMER
transmitted by this Service or fully control the use thereof by the CUSTOMER and, therefore, cannot guarantee the legality, correctness, integrity,
authenticity, or quality of the content provided by the CUSTOMER; The CLIENT understands that, when using this Service, they may have access
to unpleasant or inappropriate content and agrees to use their own judgment and assume all risks without relying on the Cloud Service.
3.10. Proper Use of the Platform: If the CUSTOMER's use of the Cloud Service does not comply with the Terms, INTELBRAS has the right to supervise
the CUSTOMER's use of the Cloud Service and if, through verification, notification, report, or other means, INTELBRAS discovers that the CLIENT
violates any provision of the Terms when using the Cloud Service, INTELBRAS has the right to require the CLIENT to make corrections or directly
take all measures that INTELBRAS deems necessary (including, without limitation, deleting the Content Provided by the CLIENT and uploaded by
them, changing the CLIENT's authority, or suspending or terminating their right to use the Cloud Service) to reduce the impact caused by the
CLIENT's misconduct.
3.10.1. If the CLIENT's use of the Cloud Service does not comply with applicable laws and regulations, upon finding such non-compliance
through means such as notification or report, INTELBRAS has the right to make an independent judgment and immediately stop
providing the CLIENT with part or all of the Cloud Service without notifying the CLIENT in advance. If the use of the Service violates
any applicable laws and regulations, when the relevant authorities consult or retrieve the CLIENT's business data, INTELBRAS is
obliged to provide cooperation in accordance with the requirements of the relevant laws and regulations or policy documents and
make disclosures to third parties or authorities, such as administrative or judicial authorities; if the CLIENT's acts and use of the
Cloud Service result in any third-party claims or any damage or loss is thus caused, the CLIENT shall assume all responsibilities and
indemnify and hold INTELBRAS harmless against any damage or loss.
3.11. Services Outside the Contract: Video Storage includes only relevant online services, such as data storage, so that any equipment related to
relevant network services (such as personal computers, cell phones, and other devices related to Internet or mobile network access) and necessary
expenses (such as telephone charges, Internet access charges, and data charges paid for mobile network use) will be borne by the CLIENT.
3.12. iOS system users: If the CUSTOMER has an iOS system, they may choose to pay for the plan directly through Apple Pay. By using this payment
option, the CUSTOMER is subject to the provisions of the Apple Pay Terms of Use, including, without limitation, the conditions for refunds,
improvements, and discontinuation of the plan.
3.10.2. After the first purchase of the Mibo Cloud service, the Mibo Smart account will be linked to the CUSTOMER's Apple ID. Thus,
whenever a new purchase is made with the same ID, it will be linked to the account already registered with that ID.
3.10.3. The Picture in Picture feature may have limitations when used in conjunction with Baba Pro software.
4. TERMINATION OF THE CONTRACT
4.1. Termination of the Contractual Relationship: If the CUSTOMER wishes to stop using the Service on their device, the CUSTOMER may delete
their user or device. To terminate their account and delete their user, the CUSTOMER may contact Customer Service at suporte@intelbras.com.br.
4.1.1. Upon terminating their account and deleting their user, the CUSTOMER will not have access to the Services with that user. This action
may be irreversible. Any fees paid by the CUSTOMER prior to termination are non-refundable (except as otherwise expressly permitted
by the Terms), including any fees paid in advance for the billing year during which the CUSTOMER terminates their relationship.
Termination of your account will not exempt the CUSTOMER from any obligation to pay any accrued fees or charges.
4.2. Account Suspension: INTELBRAS may, at any time, under certain circumstances and without prior notice, immediately terminate or suspend
all or part of your account and/or access to the service. The cause for such termination shall include:
a. violations of the Terms or any other policies or guidelines referred to herein and/or published on the Service;
b. a request by you to cancel or terminate your Account;
c. a request and/or order from law enforcement agencies, a judicial body, or other government agency;
d. when the provision of the Service to the CUSTOMER is or may become illegal;
e. unexpected technical or security issues or problems;
f. your participation in fraudulent or illegal activities; or
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g. failure to pay any fees owed by the CUSTOMER in connection with the Service, provided that, in the case of a non-substantial breach,
Intelbras shall be permitted to terminate only after 30 days' prior notice and only if the CUSTOMER has not remedied the breach within
30 days.
4.2.1. Any termination or suspension will be made by INTELBRAS at its sole discretion, and INTELBRAS will not be liable to the CUSTOMER or
any third party for any damages that may result or arise from such termination or suspension of your Account and/or your access to the
Service. In addition, Intelbras may terminate your account upon 30 days' prior notice by email to the address associated with your
Account if (a) your Account has been inactive for one (1) year; or (b) there is a general discontinuation of the Service or any part thereof.
Notice of general discontinuation of service will be provided as set forth herein unless it is unreasonable to do so due to circumstances
arising from legal, regulatory, or governmental action; to address issues of security, CUSTOMER privacy, or CUSTOMER technical
integrity; to avoid service interruptions for other customers; or due to a natural disaster, catastrophic event, war, or other similar
occurrence beyond Intelbras' reasonable control. In the event of such termination, INTELBRAS will provide the CUSTOMER with a pro
rata refund of any prepayment relating to its current paid term.
5. TECHNICAL SUPPORT
5.1. Service Channels: In case of any difficulties in using the services, the CUSTOMER may contact Intelbras support through the following channels:
a. Technical Support | Intelbras;
b. Email: suporte@intelbras.com.br;
c. WhatsApp: (48) 2106-0006.
5.2. Exceptions to INTELBRAS's liability: The situations below are excluded from Intelbras's liability and do not apply to ANS:
a. Failures, blockages, suspensions, or interruptions caused by: (i) the CLIENT's infrastructure, including the telecommunications or internet
services contracted by them and other programs or equipment belonging to the CLIENT, or by the Communication Channels integrated
into the Software; (ii) improper configuration or use of the Software or equipment connected to it; (iii) incompatibility between the
Software and any programs or equipment used by the CLIENT;
b. Interruptions or suspensions for (i) technical adjustments and/or maintenance, to be communicated in advance to the CLIENT; (ii)
preservation of server security, in order to prevent or stop the actions of hackers or to implement security patches, the latter on an
emergency basis; (iii) compliance with the determination of competent authorities, or due to non-compliance with the clauses of this
Term.
6. APPENDIX
6.1. Intelbras Conditions: This Agreement is an integral and inseparable part of the following documents:
a. Intelbras General Contract Conditions - CGI, available at https://www.intelbras.com/pt-br/contratos-clientes. Considering the nature of
the solution contracted herein, the specific conditions of the CGI for licenses (Annex II) also apply.
b. Terms of Use, available at https://www.intelbras.com/pt-br/politica-de-privacidade/termos, which the CUSTOMER declared to accept
when downloading the Mibo Smart Application.
6.1.1. Conflict of Documents: In the event of any conflict between the provisions of this Agreement, CGI, and the Terms of Use, the provisions
of the Agreement shall prevail. If the conflict of documents remains, the following order shall be adopted:
a. Terms of Use;
b. CGI.
By agreeing to these Terms of Use and the CGI, the CUSTOMER must select "Accept" below, at which point the Agreement will be entered into
and all of its terms and conditions will be agreed to, so that they may take legal effect.