Mibo Smart’s Cloud Service Terms
These Mibo Smart’s Cloud Service Terms (“Terms”) are a complement to the Mibo Smart’s Registration Agreement.
The Terms are a valid contract entered into among Intelbras S.A. (“Intelbras”) and all individuals (including, but not limited to, persons and teams) (“Users”, “you”, “your”) who use the Mibo Smart’s Cloud service (“Mibo Smart’s Cloud Service” or this “Service”) with respect to the use of the Mibo Smart’s Cloud Service and relevant services. By signing, clicking on a web page to confirm or choosing to accept these terms of service, you and Intelbras have entered into the Terms and agree to accept all agreed content of these terms of service. The Terms apply to any Mibo Smart’s Cloud Service, including updates and improvements to various services and software used by Users during the term of the Terms.
1. Service content and instructions for use
1.1. Mibo Smart’s Cloud Service is a cloud service platform that provides users with upload space and information storage space with technical support and provides users with online services such as personal data storage, synchronization, management and sharing. Mibo Smart's Cloud Service does not directly upload or deliver content by itself and does not make any modifications or edits to any content transmitted by Users. All the recordings made by Mibo Smart's cloud recording service uses cost-effective video stream resolution. For more information, please consult the Product Manual.
1.2. Users understand that the Mibo Smart’s Cloud Service only includes relevant online services such as data storage and, with the exception of that, equipment related to relevant network services (such as personal computers, mobile phones and other devices related to accessing the Internet or the mobile network) and the necessary expenses (such as the telephone fee and the Internet access fee paid for Internet access and the data fee paid for the use of the mobile network) will be borne by the Users themselves. 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. The latest version of required software may be required for certain functions or features. You agree that compliance with these requirements is your responsibility.
1.3. As a provider of the Mibo Smart’s Cloud Service, Intelbras cannot control the User Provided Content transmitted by this Service or fully control its use by Users and, therefore, cannot guarantee the legality, correctness, integrity, authenticity or quality of the User Provided Content; you have anticipated that by using this Service, you may have access to User Provided Content that is objectionable or inappropriate and you agree that you will make your own judgment and assume all risk without relying on the Mibo Smart’s Cloud Service.
1.4. If the use of the Mibo Smart’s Cloud Service by Users does not comply with the Terms, Intelbras has the right to supervise the use of the Mibo Smart’s Cloud Service by Users and if, by verification, notification, reporting or otherwise, the Intelbras discovers that Users violate any provision of the Terms when using the Mibo Smart’s Cloud Service, Intelbras has the right to require Users to make corrections or directly take all measures that Intelbras deems necessary (including, but not limited to, the exclusion of the User Provided Content uploaded by Users, altering Users' authority or suspending or terminating Users' right to use the Mibo Smart’s Cloud Service) to reduce the impact caused by Users' misconduct.
1.5. If the use of the Mibo Smart’s Cloud Service by Users is not in compliance with applicable laws and regulations, upon discovering such non-compliance by means such as notification or reporting, Intelbras has the right to make an independent judgment and immediately stop providing the Users with part or all of the Mibo Smart’s Cloud Service without notifying Users in advance. If the use of the Service violates any applicable laws and regulations, when the relevant authorities consult or retrieve the commercial data of Users, Intelbras is obligated to provide cooperation in accordance with the requirements of relevant laws and regulations or policy documents and make disclosures to third parties or authorities, such as administrative or judicial authorities; if the actions of users and the use of the Mibo Smart’s Cloud Service result in any third party claim or any damage or loss is caused thereby, Users shall assume all responsibility and indemnify and hold Intelbras harmless against any damage or loss.
2. Property
Intelbras and its partner suppliers reserve the full and indivisible intellectual property of the following contents and information:
2.1. By the Mibo Smart’s Cloud Service and all of its elements, including, without limitation, content, data, technologies, software, code, user interfaces and any derivative works related thereto, except for User Provided Content.
2.2. Without the consent of Intelbras, any information and feedback provided by Users to the Mibo Smart’s Cloud Service and related to the services of this platform may not be directly or indirectly disclosed or transmitted in any media, nor rewritten or reedited for the purpose of transmitting or releasing or be used for any other commercial purpose. The above data or any part thereof may only be stored on Users' computers for private purposes. The Mibo Smart’s Cloud Service shall not bear any legal or economic liability to Users or third parties in any way for any delay, inaccuracy, error or omission arising from the above data or arising during the transmission or sending of all or part of the above data or any damage resulting from or arising therefrom.
2.3. All rights to any software (including, but not limited to, images, photos, animations, video or audio recordings, music, text and additional programs or attached help materials contained in such software) used by the Mibo Smart’s Cloud Service to provide network services must belong to the copyright owner of such software. Users will not commit any act that allegedly infringes copyright. Without the permission of the copyright owner of such software, Users may not reverse engineer, decompile or disassemble such software or discover its original codes.
3. Representations and Warranties
3.1. Users warrants that, when using the Mibo Smart’s Cloud Service, they cannot, directly or indirectly:
1) delete, obscure or alter any patent, copyright, trademark or other proprietary statement shown or contained in the Mibo Smart’s Cloud Service;
2) interrupt or attempt to interrupt, in any way, the normal functioning of any part or function of the Mibo Smart’s Cloud Service or the Intelbras website;
3) circumvent or attempt to circumvent or claim that they may circumvent any content protection mechanism or any tool on the Mibo Smart’s Cloud Service;
4) without Intelbras' prior written consent, use any works, service marks, logos, URLs or other registered or unregistered trademarks originating from Intelbras in written or graphical forms;
5) use any trademark, including, but not limited to, the use of any Intelbras trademark in a way that impairs or damages the rights of the owner of that trademark, or imposes or intends to impose any obligation or grant any right or authority to you or any other person in a manner that violates the Terms; unless otherwise designated by Intelbras in writing, Users may not export any user information and must stop using and deleting any user information or other content from the Mibo Smart’s Cloud Service within 24 hours of obtaining it.
6) show or provide any user information to non-original users without the original users' prior consent;
7) request, collect or obtain from any user any right to access Intelbras account numbers, passwords or other authentication credentials;
8) impersonate authentication credentials for any user to automatically log into any Intelbras account;
9) provide tracking functions, including, but not limited to, identifying views or operations of other users on personal pages;
10) without the express consent of a User, allow any other person to identify that User personally.
If any User violates any of the above guarantees, Intelbras has the right to give notice to that User, block that User, even canceling the qualification of that User, depending on the circumstances.
If any User violates any of the above warranties and thus causes any loss to the Mibo Smart’s Cloud Service, any other User of the Mibo Smart’s Cloud Service or any partner of Intelbras and its affiliates, that User will assume all legal responsibility and will compensate this loss for itself.
3.2. User Commitments:
1) They have obtained valid authorization from the rights holders (if any) of the User Provided Content uploaded, posted, transmitted or otherwise disseminated using the network services provided by the Mibo Smart’s Cloud Service, and have reached agreements with the holders of the above rights regarding distribution of rights and interests and warrant that they own full, complete and flawless intellectual property or property prior to submitting or uploading the relevant User Provided Content to the Mibo Smart’s Cloud Service;
2) User Provided Content uploaded, posted, transmitted or disseminated by Users using the network services provided by the Mibo Smart’s Cloud Service must not contain any information that violates any State laws, regulations or policies.
3) Users may not use this service for any illegal purpose; may not use Intelbras' network services in any way to infringe Intelbras' commercial interests, including, but not limited to, posting commercial advertisements that are not permitted by Intelbras; and may not use the Mibo Smart’s Cloud Service network service system to commit any act that may adversely affect the normal operation of the Internet or mobile network.
4) Users cannot engage in the following activities using the Mibo Smart’s Cloud Service:
i. without permission to enter any computer information network or use any resources on the computer information network;
ii. without permission, delete, modify or add any computer information network function;
iii. without permission, delete, modify or add any data or applications stored, processed or transmitted on any computer information network;
iv. commit any act that compromises or attempts to harm the security of the network (including, but not limited to, phishing, hackers, Internet fraud, containing or allegedly spreading on websites or space: viruses, Trojans and malicious code, and allegedly attacking other websites or servers by virtual servers, such as scanning, sniffing, ARP deception and DOS); and
v. Other acts that compromise the security of the computer's information network.
5) If any User Provided Content uploaded, posted, transmitted or disseminated by Users using the network services provided by the Mibo Smart’s Cloud Service fails or infringes the legitimate rights and interests of third parties (including, but not limited to, patents, trademarks, copyrights, and related copyright, portrait rights, privacy rights and reputation rights) and, therefore, Intelbras or any other entity that cooperates with Intelbras will face any claim, allegation, investigation, claim or litigation; or Intelbras or any other entity that cooperates with Intelbras, therefore, suffering any loss of honor, reputation or property, Users will actively take all possible measures to ensure that Intelbras and the other entity that cooperates with Intelbras are not affected for such claim or litigation. Meanwhile, Users assume all responsibility for compensation for direct and indirect economic losses, thus suffered by Intelbras and other entities that cooperate with Intelbras.
4. Intellectual Property Protection
If other Users are able to download, view, listen to or access or distribute User Provided Content, Users will ensure that the publication of such User Provided Content and the relevant acts comply with the relevant copyright policies in the laws and regulations of relevant intellectual property, including, but not limited to:
4.1. Upon receiving a notice of infringement sent by Intelbras or any other third party, Users will immediately exclude or prohibit access to the declared infringing content and will contact the person responsible for the submission to understand detailed information or submit evidence to the contrary within five business days, including, but not limited to: (1) the information of the party against which the complaint is made and the relevant materials; (2) the point of view of the party against which the claim is made in relation to the claim; (3) preliminary evidence of no infringement; and (4) warranties made by the party against which the claim is made.
4.2. Users acknowledge and agree that Intelbras will administer, in accordance with relevant laws and regulations, qualified breach notifications sent by third parties and, in accordance with the requirements, will exclude or prohibit access to declared infringing content and will adopt and implement appropriate policies in an attempt to avoid repeated infringements under corresponding conditions.
5. Privacy Protection
Intelbras fully respects the protection of Users' personal information, and protecting their personal information is a basic principle of Intelbras. Intelbras formulated the Mibo Smart Privacy Policy which makes important disclosures about the collection, use, sharing, storage and deletion of personal information and other aspects related to your vital interests. At any time, your information will be processed in accordance with the Mibo Smart Product Privacy Policy.
5.1. Shared information. You can voluntarily set up to share information with others. Users understand and acknowledge that when they share information publicly, various search engines, including Intelbras, may capture that information.
5.2. Intelbras will not make public or provide to third parties non-public content that Users store on the Mibo Smart’s Cloud Service, except under the following circumstances:
1) Specification by relevant laws and regulations or legal service procedures of the Mibo Smart’s Cloud Service;
2) In order to protect the rights and interests of Users and the public in the event of an emergency;
3) In order to protect the trademark, patent and any other legitimate rights and interests of Intelbras; and
4) Any other circumstances under which personal information is processed or disclosed in accordance with law.
6. Signature
6.1 The User can access the Mibo Cloud Services by choosing one of the following options: 1) Sign a monthly plan, with automatic renewal; 2) Sign an Annual Effective Plan, with a single payment in advance, as defined in the moment of payment; 3) Validation of a Gift Card or Prepaid Card, which gives access to the Mibo Cloud Service for a period previously defined on the Card (3, 7 or 30 days of recording, valid for one month).
6.2 Subscription fees are billed on the first day of the applicable subscription period. Subscription is exclusive per device. If the User has more than one device, he must make more than one subscription. If any payment is not returned or any credit card or similar transaction is rejected or denied, Mibo Smart reserves the right to cancel your subscription and charge any rejection fee or insufficient funds and process any payment by the payment method you sent us.
6.3 During your Paid Subscription, if you purchase another subscription plan, the term of the new subscription plan will be added to your existing Paid Subscription. When the existing Paid Subscription expires, the new subscription plan will begin immediately, meaning that the subscription automatically renews. If the User does not wish to renew, proceed as provided for in item 6.8.
6.4 Type of Paid Subscription
|
Days of Saved Videos* |
Payment Cycle |
Subscription Fee per Cycle** |
|
3 days |
monthly |
BRL 14.90 |
|
7 days |
monthly |
BRL 16.90 |
|
30 days |
monthly |
BRL 29.90 |
|
03 days |
Yearly |
BRL 149.00 |
|
07 days |
Yearly |
BRL 169.90 |
|
30 days |
Yearly |
BRL 329.90 |
*Explanation: With a 3-day subscription, for example, when the subscription is activated, the content of the most recent 3 days will be saved. If the subscription starts on September 5th, the video on September 5th will be saved until September 7th and deleted on September 8th. On October 5th, the subscription will expire and no new videos will be saved or uploaded. All saved data will be permanently deleted on September 7th and will not be viewable again.
**Consider subscription fee per connected device
6.5 To activate a subscription, you can open the Mibo Smart app, click on devices and the cloud service logo, and choose the subscription to purchase. If you have a prepaid card for the Mibo Smart’s Cloud Service, you can start the subscription by entering the code.
6.6 The Services will only be activated when the camera detects human movements or other physical items. Then the camera will start recording and uploading the data to the Mibo Smart Cloud. For the Mibo Smart’s Cloud Service to work properly, you need at least 512k of bandwidth for each channel on the device. If the device cannot connect to the Service because it is offline, out of power or deleted, or due to insufficient bandwidth, it will not be able to save or send videos.
6.7 If you deactivate your existing subscription, your device will stop uploading videos to the cloud; however, your existing subscription term will not be extended and will expire at the end of the original term. You will not be eligible for any pro-rated refund of any portion of the subscription fee paid for that subscription plan.
6.8 If the User is interested in canceling the Subscription Plan, he must make the request directly in the app, option Cancel Subscription. Cancellations must be made up to three (3) days before the end of the month, under penalty of considering the following month as active and generating the respective charge. If the User has signed an Annual Plan, early cancellation will generate a refund to the User of the amount already paid, less the months used (including the month of cancellation) in addition to the discount of the termination fine corresponding to thirty percent (30%) of the total amount. In the Monthly Plan, there is no amount to be refunded. In case of any problem in the cancellation via App, the User may send an email to suporte@intelbras.com.br or telephone (48) 2106-0006.
7. Disclaimer
7.1 Considering the specific nature of the network services, Users agree that the Mibo Smart’s 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 Mibo Smart’s Cloud Service does not need to notify Users separately nor bear any liability with respect to any User or any third party.
7.2 Users understand that the Mibo Smart’s Cloud Service needs to regularly or irregularly inspect and repair or maintain the platform providing network services or relevant equipment, and if, in such circumstances, any fee-based service is interrupted within a reasonable period, the Mibo Smart’s Cloud Service need not be responsible for such interruption, provided you however give advance notice to the extent possible.
7.3 The Mibo Smart’s Cloud Service may change this Service or delete part of its functions at any time, for any reason. Mibo Smart’s Cloud Service may cancel or terminate services to Users at any time. Mibo Smart’s Cloud Service's decision to cancel or terminate services does not require reason or notice to Users. Once the Services are terminated, Users' rights to use this Service immediately terminate. Once this Service is canceled or terminated, any information stored by Users on this Service may be irretrievable.
7.4 The Mibo Smart’s Cloud Service does not guarantee (including but not limited to):
1) The Mibo Smart’s Cloud Service is suitable for Users' usage requirements;
2) The Mibo Smart’s Cloud Service is an undisturbed, timely, secure, reliable or error rate; and any product, service or other material that Users obtain through the Mibo Smart’s Cloud Service meets Users' expectations;
3) Users will be responsible for the risks of using any data downloaded or obtained by the Mibo Smart’s Cloud Service; and if, as a result of such use, Users' computer systems are damaged or their data is lost, Users shall be solely responsible for such damage or loss.
4) Once deleted, user data is unrecoverable; Users will bear the consequences and liabilities caused by such deletion of data, and the Mibo Smart’s Cloud Service has no obligation to continue retaining, exporting or returning Users' commercial data.
7.5 With respect to any loss of profit, goodwill or data or any other tangible or intangible, direct, indirect, special, emergent or exemplary damage resulting from the following reasons, the Mibo Smart’s Cloud Service will not be liable for any direct or indirect compensation:
1) The use or unavailability of the Mibo Smart’s Cloud Service;
2) Any products, data or services purchased or obtained by the Mibo Smart’s Cloud Service;
3) any changes made to the Service;
4) deletion, corruption or failure to store and/or send or receive your transmission or data on or through the Service; and
5) Unauthorized use or modification of user data and any other matter related to the Mibo Smart’s Cloud Service.
7.6. As a registered user of the Service, you must establish an Account. Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur under or through your Account, and you agree to promptly notify Intelbras of any breach of security on your Account. You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis and shall not share your Account details and/or password with any other party. Provided Intelbras has exercised reasonable skill and due care, Intelbras will not be liable for any losses arising from the unauthorized use of your Account that result from your failure to comply with these rules.
8. Termination of the Contractual Relationship
8.1 If you wish to stop using the Service on your device, you can delete your username or your device. To close your account and delete your user, you can contact Customer Service at suporte@intelbras.com.br. By closing your account and deleting your user, you will not have access to the Services with that user. This action may be irreversible. Any fees paid by you 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 you terminate your membership. Termination of your account will not relieve you from any obligation to pay any accrued fees or charges.
8.2 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 of such extinction will include: (a) violations of the Terms or any other policies or guidelines referenced herein and/or posted on the Service; (b) a request from you to cancel or terminate your Account; (c) a request and/or order from law enforcement agencies, a judicial body or other governmental agency; (d) when providing the Service to you is or may become illegal; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; or (g) failure to pay any fees owed by you in connection with the Service, provided that, in the event of a non-substantial breach, Intelbras is allowed to terminate only after 30 days' prior notice and only if you have not remedied the breach within 30 days. Any termination or suspension will be made by Intelbras in its sole discretion and Intelbras will not be liable to you or any third party for any damages that may result 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 service discontinuation will be provided as set forth herein unless it is unreasonable to do so due to circumstances arising out of legal, regulatory or governmental action; to address issues of user security, privacy, or user technical integrity; avoid service interruptions for other users; or due to a natural disaster, a catastrophic event, war or other similar occurrence beyond Intelbras' reasonable control. In the event of such termination, Intelbras will provide you with a pro rata refund of any prepayment under your current paid term.
9. Miscellaneous Provisions
9.1 The ultimate right to interpret the Terms shall be vested in Intelbras.
9.2 Intelbras reserves the right to amend the Terms at any time and such amendments will be published on the Mibo Smart’s Cloud Service website. If any User disagrees with any amendment made by the Mibo Smart’s Cloud Service to any provision of the Terms, such User may cease to use the Mibo Smart’s Cloud Service. If such User continues to use the Mibo Smart’s Cloud Service, he will be deemed to have accepted the amendment made by Intelbras to the relevant provision of the Terms.
9.3 All notifications to Users of the Mibo Smart’s Cloud Service mentioned herein may be given by webpage advertisements, emails or regular correspondence; such notices are deemed to have been delivered to the recipient on the day they were sent.
9.4 If any provision of the Terms is invalid or unenforceable, in whole or in part, for any reason, the remaining provisions of the Terms will remain valid and enforceable.
9.5 If any provision of the Terms survives the termination of the Terms by its nature or otherwise, such provision shall be deemed to survive the termination of the Terms, including, but not limited to, warranties, confidentiality clauses, intellectual property clauses, and governing law and clauses of dispute resolution.
9.6 Certain Content, components or features of the Service may include third party materials and/or links to other websites, resources or Content. As Intelbras may have no control over these third party sites and/or materials, you acknowledge and agree that Intelbras is not responsible for the availability of these sites or resources, and does not endorse or guarantee the accuracy of such sites or resources, and will not in no way responsible for any content, advertising, any products or materials contained in or available on such sites or resources. You also acknowledge and agree that Intelbras will not be liable in any way for any damages you incur or claim to have occurred, directly or indirectly, as a result of your use of and/or your reliance on any Content, advertising, products or materials or available from those sites or resources.
9.7 Export Control. Use of the Service and Software, including transferring, posting or uploading data, software or other Content through the Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import control laws and regulations. In particular, but not limited to, the Software may not be exported or re-exported (a) to any US embargoed country or (b) to anyone on the US Treasury Department’s Specially Designated Nationals list or Entity List or List of Denied Persons of the US Department of Commerce. By using the Service, you represent and warrant that you are not located in any of these countries or on any of these lists. You also agree that you will not use the Service for any purposes prohibited by any applicable law, including, but not limited to, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You also agree not to upload any data or software to your account that is: (a) subject to the International Traffic in Arms Regulations; or (b) which cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software and source code, without first obtaining such authorization. This warranty and commitment will survive the termination of the Terms.
9.8 Users are aware that news about the Mibo Smart app and services may be sent via push/pop-up.
9.9 Users who have an iOS system can choose to pay the plan directly through Apple Pay. When using this payment option, the User is subject to the provisions of the Apple Pay Terms of Use, including, without limitation, the terms of refund, upgrades and discontinuance of the plan.
9.10 We inform you that from the last semester 2022, it became mandatory to change the security code to the factory default of the cameras, by the user, as a way of offering greater security to users.
9.11 Contact Customer Service at suporte@intelbras.com.br if you have any questions.