Terms and Conditions

Terms & Conditions of Dristi IP Camera and Cloud Service Users

Last Updated: 12th November 2024
Effective Date:22nd November 2024

Welcome, and thank you for your interest in the online services collectively known as Drist IP Camera Cloud services, along with any related software and other services and related documentation provided by Dristi (collectively, the “Services”). These Terms of Service are a legally binding contract between you and Dristi regarding your use of the Services (“Agreement”). For the purposes of these Terms of Service ("Terms") govern your use of products and services ("Products" and "Services") offered by Dristi Tech Pvt. Ltd., including its subsidiaries and affiliates ("Dristi," "we," "us," or "our"). By purchasing or using Dristi Products, Services, or third-party services, you acknowledge and agree to these Terms.

PLEASE READ THE FOLLOWING TERMS CAREFULLY

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICES, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS.

THE SERVICE & APPLICATIONS:

The Services are further described here and include: (a) 3, 7, or 15 days of cloud storage services packages of security system with motion detection and AI. (as may be updated from time to time) in the form generally made available by Dristi to its customers for use with the Services.

1. AUTHORITY TO BIND & ACCEPTANCE OF TERMS:

If you are an individual, home, entity, organization, or company, the person accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms. And by accepting these Terms yourself.

2. GENERAL TERMS:

This Agreement outlines your rights and obligations in using the Products and Services. By using these Services, you affirm that you are agreeing to be bound by these Terms, which may be updated periodically. We shall notify you of material changes through notifications on our website, app, or via email.

3. USE OF THE SERVICES:

Accounts and Registration: When you register and add device on Dristi app for a Cloud services account authorized to access the Services (“Account”), you may be required to provide us with some information, such as your full name, address, email address, and/or other contact information. You agree that the information you provide to us is accurate and that you shall keep it accurate and up to date at all times. You agree that you shall additionally comply with any applicable terms and conditions of that third party platform. You are responsible for safeguarding any and all Account details and access credentials, and you shall be responsible for any use of the Account or Services and all activities that occur under your Account, regardless of whether the activities are authorized or undertaken by you, your employees or a third party (including your contractors, agents and/or End Users), and including in circumstances due to your failure to properly safeguard such Account details and access credentials. Except to the extent caused by our breach of these Terms, Drist and its Affiliates are not responsible for any unauthorized access to your account. Any breach of these Terms or any use of your Account by anyone shall be treated as if the breach or use had been carried out by you and will not relieve you of your obligations to us.
Service Modiﬁcation or Discontinuation: Drist may discontinue or make any changes to the Services (or any portion thereof) at any time without incurring liability to you. Dristi may choose to, without limitation, discontinue, limit, restrict, change or remove the Services, any Service component, or availability of the Services. If Dristi discontinues or makes any changes to the Services that would materially decrease the functionality of those Services, Dristi shall use commercially reasonable eﬀorts to inform you of the change with reasonable advance notice before it goes into eﬀect, provided that you have subscribed to be informed about those changes. Dristi may make the change, and shall not be obligated to provide notice, if the discontinuation or change is necessary to address an emergency or threat to the security or integrity of the Services or Dristi, comply with or respond to litigation, address Intellectual Property Rights concerns, or comply with the law or government requests. Dristi may provide periodic updates to the Software or Services from time to time (“Updates”).
1. Security and Privacy: Dristi security and privacy practices are available in the Additional Terms, the Privacy Policy and the Cookies Policy. You shall conﬁgure and use the Services in a way that meets your security requirements.
2. Third Part Applications: End users are solely responsible for any software, tools or applications used by you in connection with your use of the Services ("Third Party Software"), including third party software made available or offered in connection with the Services. Dristi is not responsible for and is not liable for any damages or losses arising from the use of the Third-Party Software, and Dristi does not endorse, support or guarantee the quality, reliability, or suitability of any Third-Party Software. You agree that the use and making available of any Third-Party Software is at your own risk. You shall comply with and ensure that your End Users comply with any terms and conditions applicable to Third Party Software. Dristi does not provide any technical support for any Third-Party Software.
3. Access to Dristi IP Camera (Device): n order for Dristi to provide the Services, Dristi may require access to and use of a Device you own or control. For example, Dristi may need access to a device's id (DID) complete a Software installation. Dristi may provide further information regarding how Dristi Cloud accesses the relevant Dristi IP Camera within Dristi Cloud. You agree to facilitate and/or give Dristi access to the Device for these purposes, and you acknowledge that if you do not provide access, Dristi may not be able to provide you with the Services . You acknowledge that Dristi may use or access Personal Data within the Device in the course of providing Dristi Cloud.

3. PAYMENT TERMS AND PACKAGES FEE:

Dristi offers subscription-based plans for cloud storage and service access, with features based on the subscription tier you choose (e.g., 3, 7, or 15 days of cloud storage with motion detection and AI). All Fees are non-refundable and exclusive of any Taxes. End users agree that you are solely responsible for payment of all Fees and Taxes associated with any such payments

Subscription Details:

Subscription periods auto-renew unless canceled.
Failure to pay can result in cancellation of your plan.
Payment must be made on the first day of the subscription period.

4. INTELLECTUAL PROPERTY RIGHTS:

“Intellectual Property Rights” includes but not limited to trademarks, patents, copyrights, designs and trade secrets, which shall remain the exclusive property of the Dristi. You may not use Dristi's Intellectual Property Right without prior permission. Any unauthorized use, reproduction, or distribution of the Product or Services or its components is prohibited and may result in legal action.

5. CONTENTS:

You retain ownership of any content (e.g., video, audio, images) you create using the Products and Services. However, by using Dristi’s services, you grant Dristi the right to use your content to provide services, improve products, and share publicly if you choose to make it accessible.

6. LIMITATION OF LIABILITY & DISPUTE RESLOUTION:

Dristi is not responsible for any direct, indirect, incidental, or consequential damages resulting from the use of its Products or Services. The maximum liability of Dristi is limited to the amount you paid for the product or service. Any dispute arising from these Terms shall be resolved through the Rule of Adjudication as per the Nepal Council of Arbitration (NEPCA).

7. DATA SEURITY & BACKUP:

User Responsibility (Your End):

Data Security: You are responsible for securing your own data. This includes implementing measures like encryption, secure passwords, and monitoring unauthorized access.
Device Management: You need to ensure that your devices are not connected to the internet unless necessary. This reduces the risk of online threats such as hacking or malware infections.
Power Backup: It is your responsibility to ensure that you have adequate power backup for your devices, such as using uninterruptible power supplies (UPS) or other backup solutions to avoid data loss in case of power failures.

Dristi's Responsibility (Service Provider's End):

Internet Connectivity and Power Backup: Dristi is responsible for the infrastructure that keeps your device connected to the internet and ensures there is adequate power backup on their end. This ensures continuous service availability as per the agreed subscription plan or package while Dristi ensures your internet connection and service uptime & what exactly is covered in your service plan.
Backup Services: Dristi is also responsible for backing up any important content on their servers to prevent data loss. This typically applies to cloud services or data storage services where Dristi provides protection against potential hardware failures or disruptions on their infrastructure.

8. SUPPORT & SERVICES:

Dristi shall use commercially reasonable efforts to provide any related Services in accordance with the relevant and then-current service level

9. SUPPORT & SERVICES: ON; SUSPENSION:

(a) Term: These Terms shall commence when you accept these Terms or ﬁrst download, install, access, or use the Services and continue until terminated as set forth below (“Term”).

(b) Termination, Suspension and/or Modification by Dristi: To the extent permitted under applicable laws, Dristi may, at its sole discretion, terminate these Terms, or suspend, modify, restrict or terminate your access to or use of the Services or any aspect of the Services, immediately upon written notice to you if:

If you violate any provisions of these Terms.
If you have not paid any Fees or other amounts owed by you to Drist within 30 days after the applicable due date.
lf Termination by you. You may terminate your Account and these Terms at any time by following the instructions provided within the Services. Except as set forth in any region-specific terms or Service-specific terms, if you terminate your Account and these Terms, you are not entitled to a refund of any Fees paid to Dristi.
No Liability for Termination. Except as expressly required by law, if either Party terminates these Terms in accordance with the foregoing, neither Party shall be liable to the other because of the termination, for expenditures or commitments made in connection with these Terms or damages caused by the loss of.

Contact Information:
For any questions or concerns regarding these Terms, please contact us at:
Dristi Tech Pvt. Ltd.
140, Chitra Marga, Kantipath
Kathmandu, Nepal
Website: www.dristi.com.np

Mobile No:980389651