Viracle AI Config Privacy Policy

Shenzhen Viracle Electronics Co., Limited (or RangerCam) delivers AI Config cameras, mounts, cables, kits, or modules, including any accompanying software, components, documentation (collectively, 'Products') to users in accordance with the terms and conditions set forth herein ('Terms'). Acceptance of the Products is expressly subject to these Terms. Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of the Products, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms.

Acceptance of Terms:

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE PRODUCTS, YOU, YOUR HEIRS, AND ASSIGNS (COLLECTIVELY, 'YOU' or 'YOUR') ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR RIGHT TO USE THE PRODUCTS AND SHOULD RETURN THEM IMMEDIATELY.

System Software License:

The software embedded in the camera, remote and other devices ('System Software') is licensed for use on such devices only in accordance with the following license terms.

Conditioned upon Your compliance with these Terms, RangerCam hereby grants to You a limited, non-exclusive and nontransferable license to use the System Software for personal use on a single Product owned or otherwise controlled by You. RangerCam reserves all rights in the System Software not expressly granted to You in these Terms.

Except as expressly and unambiguously permitted by these Terms, You shall not: (i) copy (except in the course of loading or installing) or modify the System Software, including but not limited to, adding new features or otherwise making adaptations that alter the functioning of the System Software; (ii) transfer, sublicense, rent, lease, lend or otherwise distribute the System Software to any third party; (c) make the functionality of the System Software available to multiple users through any means, including, but not limited to, by uploading the System Software to a network or file-sharing service or through any hosting, application service provider, service bureau, software-as-a-service or any other type of services.

Your copy of the System Software is licensed, not sold. RangerCam retains ownership of the copyright, title and ownership of the System Software and any accompanying written materials, including all intellectual property rights therein, regardless of the form or media in or on which the original and other copies may exist. The System Software is protected by China copyright law and international treaties. You may not delete or in any manner alter the copyright, trademark and other proprietary rights notices or markings appearing on the System Software as delivered to You.

Disclaimer of Warranties and Representations:

YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS ARE PROVIDED TO YOU ON AN “AS-IS” BASIS, AND “WITH ALL FAULTS” AND THAT THE PRODUCTS MAY CONTAIN DEFECTS AND THAT RangerCam HAS NOT MADE ANY REPRESENTATIONS OR WARRANTIES, EXCEPT AS SET FORTH HEREIN, REGARDING THE PRODUCTS, YOUR USE OF THE PRODUCTS, THE DISTRIBUTION OF THE PRODUCTS, OR ANY INFORMATION RELATING TO THE PRODUCTS. RangerCam DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

EXCEPT FOR THE LIMITED RIGHT TO USE THE PRODUCTS SET FORTH HEREIN, NOTHING IN THESE TERMS AND CONDITIONS SHALL BE CONSTRUED AS GRANTING OR CONFERRING ANY RIGHTS BY LICENSE, PATENT, OR ANY OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHT OF RangerCam, ITS SUPPLIERS/LICENSORS OR ANY OTHER THIRD PARTY, TO USE THE PRODUCTS IN ANY FINISHED END-USER OR READY-TO-USE OTHER PRODUCT, OR FOR ANY INVENTION, DISCOVERY OR IMPROVEMENT MADE, CONCEIVED OR ACQUIRED PRIOR TO OR AFTER DELIVERY OF THE PRODUCTS.

Limitation of Liability:

IN NO EVENT SHALL RangerCam OR ITS VENDORS BE LIABLE FOR: (i) SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF KNOWN TO RangerCam OR VENDOR; (ii) DAMAGES RESULTING FROM LOSS OF DATA, USE, OR PROFITS; (iii) DAMAGES RESULTING FROM USE OF THE PRODUCTS WHILE DRIVING; (iv) ANY OTHER DAMAGES RESULTING FROM YOUR USE OR POSSESSION OF THE PRODUCTS; OR (v) ANY CLAIM, WHETHER IN CONTRACT OR TORT, THAT AROSE MORE THAN ONE YEAR PRIOR TO THE INSTITUTION OF SUIT THEREON. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACK-UP OF YOUR VIDEOS, DATA OR EQUIPMENT USED IN CONNECTION WITH THE PRODUCTS, AND THAT RangerCam SHALL HAVE NO LIABILITY TO ANY LOSS OR DAMAGES RESULTING FROM YOUR FAILURE TO DO SO.

You agree and acknowledge that You assume full, exclusive and sole responsibility for the use of the Products, and further agree and acknowledge that Your use of the Products is made entirely at Your own risk. You further acknowledge that it is Your responsibility to comply with all applicable laws (including traffic laws) while using the Products.

Indemnity:

You hereby agree to indemnify and hold harmless RangerCam and its employees, officers, directors and agents, from and against all claims, damages, expenses, losses and liabilities arising from (i) Your use of the Products; and (ii) Your failure to comply with these Terms. This indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damages, direct or indirect, monetary or non-monetary, incurred by RangerCam, its employees, officers, directors or agents, including but not limited to legal expenses and attorney fees.

Safety-Related Warnings and Restrictions:

You shall operate the Products within RangerCam’s recommended specifications and environmental considerations stated in any user guide, other available documentation provided by RangerCam, any other applicable requirements, and You will employ reasonable and customary safeguards.

You assume all responsibility and liability for proper and safe handling and use of the Products by You or any other individuals that You permit to use the Products (“Other Users”). You assume all responsibility and liability for any improper or unsafe handling or use of the Products by You or Other Users.

You assume all responsibility and liability to determine whether the Products are subject to any applicable international, federal, state, or local laws and regulations related to Your handling and use of the Products and, if applicable, You assume all responsibility and liability for compliance in all respects with such laws and regulations. You assume all responsibility and liability for proper disposal and recycling of the Products consistent with all applicable international, federal, state, and local requirements.

Accuracy of Information: To the extent RangerCam provides information on the availability and function of the Products, RangerCam attempts to be as accurate as possible. However, RangerCam does not warrant the accuracy of the Products’ description, or the availability of the Products, as accurate, complete, reliable, current, or error-free.

Privacy:

RangerCam respects Your privacy during Your use of the Products, although our products or services may include third-party products or services, such as Push notifications, etc. When you use these products or services, they may also collect and use your information to serve you. Our Privacy Policy pertaining to the use of the Products is readily accessible at this link, and is hereby incorporated by reference as part of these Terms. Since the Privacy Policy is subject to periodic updates, it is recommended that You periodically review our website for updates.

Location-Based Service:

Some features of the Products make use of detailed location and route information, for example in the form of GPS signals and other information sent by Your mobile device on which RangerCam’s mobile application is installed and activated. These features cannot be provided without utilizing this technology. RangerCam uses Your location and route information to create a detailed location history of all of Your journeys made when using the Products. RangerCam uses this history to offer the Products to You, to improve the quality of the Products it offers to You and to all of its users, and to improve the accuracy of its mapping and navigation data. This history is retained by RangerCam for a limited period of time and in accordance with the Privacy Policy.

Miscellaneous:

These terms and conditions shall be governed by and interpreted in accordance with the International Law, without reference to conflict-of-laws principles. You agree that exclusive jurisdiction for any dispute arising out of or relating to these terms and conditions lies within courts located in China and consent to venue in Shenzhen, Guangdong. Notwithstanding the foregoing, any judgment may be enforced in any China or foreign court, and RangerCam may seek injunctive relief in any China or foreign court.

You shall comply with all applicable laws, regulations and ordinances in Your use of the Products.

All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to RangerCam at R403, Bldg.21, Waijing Industrial Park, Fucheng Street, Guanlan, Longhua, Shenzhen,China. or, if different, the address set forth on the RangerCam website at www.viracle.com All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile or email (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt by the receiving party and (b) if the party giving the Notice has complied with the requirements of this Section.

This Agreement constitutes the entire Agreement between the parties respecting the Products and supersedes all prior agreements or representations, oral or written, concerning the subject matter herein and may not be changed except by written amendment signed by both parties.

If any of the provisions of this Agreement are invalid under any applicable statute or rule of law, such provisions or portion thereof are to that extent deemed to be omitted.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of that right or any other right hereunder.

These terms, along with the Privacy Policy, constitute the entire and exclusive understanding and agreement between RangerCam and You regarding the Products, and these Terms supersede and replace any and all prior oral or written understandings or agreements between RangerCam and You regarding the Products.

December 2024