Term of User

Terms of Use

    Kytron Technology Corporation (alternatively referred to herein as "we" or "us") provide access to the WysView web site and related services subject to the terms and conditions set forth below, including all documents, policies, and guidelines incorporated herein by reference. Please read this agreement carefully before entering the site, and refer to these terms as necessary as you explore the WysView web site. The terms of this agreement provide the conditions upon which we agrees to provide you access to this site. If you disagree with any provision contained herein, and/or do not wish to accept these conditions, do not visit the WysView web site or use its services.

    By visiting the we web site and/or using its services, you agree to these Terms of Use.

    Kytron is sometimes referred to herein as "we", "us", "our", or " Kytron " and the user is sometimes referred to as "you", "your", "user" or "customer".

  • 1. REGISTRATION OBLIGATIONS.

  • When you are registering a WysView account to use our online services, you need to provide some required personal information and proceed with related verifications, as may be required by the communication regulations and statutes of different countries. You agree to: (i) provide true, accurate, current, and complete information about yourself.
    (ii) complete additional verification of your personal information as may be required.
    (iii) maintain and promptly update your registration data to keep it true, accurate, current, and complete. We has the right to call you directly to provide assistance should you encounter problems using our products or services. Accurate information is very important for us to resolve your problems and improve our service. You are responsible for all liability that may arise from your failure to provide true, accurate, current and complete information and to maintain and promptly update such information. If you provide any information that is, or we have reasonable grounds to believe is, untrue, inaccurate, misleading, not current, or incomplete, we may suspend or terminate your account and/or services, or any portion thereof.

  • 2. ACCOUNT, PASSWORD, AND SECURITY.
  • If you use any part of the WysView online services that requires a login email or password, then you are responsible for maintaining the confidentiality of that email and password and for restricting access to your computer, and you agree that you are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality, and for all activities that occur under your account or password. You agree to (i) immediately notify us of any unauthorized use of your account or password or any other breach of security, and (ii) ensure that you exit from your account at the end of each session of online services. Kytron reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of your account and your online services, including, without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Kytron will not be liable for any loss or damage arising from your failure to comply with this Section.

  • 3. PRODUCTS AND SERVICES.

  • We are devoted to providing the best products and services for our customers. To allow us to provide high quality, dependable services, the firmware of WysView devices will be upgraded automatically through the Internet without any advance notification. As part of this process, we will use all reasonable efforts to minimize disruptions to your use of and access to our services to the greatest extent possible.

    Kytron will not be liable for loss or damage caused by the following circumstances:

    (i) A user's intentional manufacture and distribution of intercepted recorded images or video and placement of them in any newspaper, magazine, handbill or other publication or dissemination by electronic means.
    (ii) Any derivational issues or unlawful actions arising from a user's dissemination of recorded images from the camera without the other party's consent.

  • 4. PROHIBITED USES.
  • (i) Lawful purposes only.
    You may use our service and your device only for lawful, proper and appropriate purposes. You may not use our service or your device in any way that is illegal, improper or inappropriate.

    (ii) Monitoring.
    We may monitor the use of our service for violations of this agreement. We may remove or block all communications if we suspect a violation of this agreement, or if we think it necessary in order to protect our service, and Kytron.

    (iii) Providing information to authorities and third parties.
    If we believe that you have used our service or your device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), and all other account information, as follows:
    1. in response to law enforcement or other governmental agency requests;
    2. as required by law, regulation, rule, subpoena, search warrant, or court order;
    3. as necessary to identify, contact, or bring legal action against someone who may be misusing the service, the device, or both;
    4. to protect Kytron's rights and property; or
    5. in emergency situations where disclosure of such information is necessary to protect Kytron customers or third parties from imminent harm.

  • 5. CONFIDENTIALITY.
  • The WysView web site contains proprietary and confidential information of Kytron and its suppliers, including engineering documents, manuals, software, program listings, data file printouts, and other technical and marketing information. You agree to keep this information confidential and to use the information solely for the purpose of using the WysView web site and services in accordance with this agreement, and maintaining and supporting your WysView product. You will not alter, decompile, disassemble, reverse engineer, or modify any WysView confidential and proprietary information that you receive. Unless otherwise stated, any information you provide at the WysView web site shall be deemed to be non-confidential and Kytron will have no obligation to protect such information from disclosure or use and may use such information in any way it chooses.

  • 6. COPYRIGHT NOTICE; INTELLECTUAL PROPERTY RIGHTS.

  • Kytron authorizes you to copy materials published by Kytron on the WysView web site solely for non-commercial use in support of Kytron products and services. Should you make any copies of these materials, you shall retain all copyright and other proprietary notices in the same form and manner as on the original. Any software that you download is governed by the license terms accompanying the software or as otherwise specified.

    Our web site content, materials, services, logos, service marks and trademarks are the intellectual property of Kytron and are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. Infringement by you may result in civil or criminal prosecution.

  • 7. DISCLAIMERS.
  • The information on the WysView website, as well as the WysView services and products, are provided "as is". We make no warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness of the service or product for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the WysView web site, services or products will be without failure, delay, interruption, error, degradation of voice quality, or loss of content, data, or information.

    You hereby acknowledge some WysView product(s) and service(s) are not encrypted and that information may be intercepted during transmission to or from WysView, the service(s) or the product(s) and that WysView cannot and does not guarantee that the use of the Software, WysView website, service(s) or product(s) is completely secure. You hereby agree to assume any and all risk associated with the unauthorized access to your information during transmission of such information.

    Neither Kytron nor its officers, directors, employees, affiliates, suppliers or agents, or any other service provider or vendor who furnishes services, devices, or products to the customer for our service will be liable for unauthorized access to our or your transmission facilities or premises equipment or for unauthorized access to, or alteration, theft, or destruction of, your data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of Kytron 's or its service providers' or vendors' negligence.

    Statements and descriptions concerning our service or device, if any, by Kytron or Kytron's agents or suppliers are informational and are not given as a warranty of any kind. Because international information is provided at this web site, not all products, rates or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.

    Although Kytron attempts to provide accurate information on the WysView web site, Kytron assumes no responsibility for the accuracy of the information. Kytron may change the programs or products mentioned at any time without notice. Mention of non- Kytron products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation.

  • 8. LIMITATION OF LIABILITY.
  • UNDER NO CIRCUMSTANCES SHALL KYTRON BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN IF KYTRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KYTRON'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEB SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS YOU PAID TO KYTRON DURING THE MOST RECENT THREE-MONTH PERIOD IN CONNECTION WITH AMOUNTS WHICH YOU PAID FOR USING THIS WEB SITE.

  • 9. OWNERSHIP OF FEEDBACK.

  • Kytron welcomes your comments and feedback regarding our products, services, and web site. With respect to all information and materials transmitted or posted to this web site, including but not limited to comments, feedback, ideas, questions, designs, suggestions, data, and graphics ("Contributions"), you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Kytron is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Kytron shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Kytron may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Kytron without any obligation of Kytron to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Kytron under any circumstances.

  • 10. YOUR REPRESENTATIONS AND WARRANTIES.
  • You represent and warrant that you possess the legal rights and ability to enter into this agreement and to comply with its terms. You will use the WysView web site, services and products for lawful purposes only in accordance with this agreement and all applicable laws. You agree you will not use any device or process to interfere with the proper working and security mechanism of the WysView web site, services, and products. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our web site, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the web sites if we think that they are creating issues or possible legal liabilities, or are acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

  • 11. COLLECTION AND USE OF PERSONAL INFORMATION.

  • Kytron has a Privacy Policy that describes how the company collects and uses personal information of its customers and web visitors. We encourage you to carefully review the Privacy Policy before providing any personal information on the WysView web site.

    The WysView services and products use, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Kytron is not liable for any lack of privacy that you may experience from using our service. Please refer to our Privacy Policy for additional information, such as how we use your information.

  • 12. THIRD PARTY LINKS.

  • Kytron may provide links to other web sites that we think may be relevant and interesting to our users ("Third Party Links"). Kytron is not responsible for the content on the Third Party Links and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Third Party Links may provide you with opportunities to purchase products. We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.

  • 13. INDEMNITY.
  • You will indemnify and hold harmless Kytron and its officers, directors, affiliates, employees and licensors, and any other service provider who furnishes services to you for our service, from and against any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys' fees): (A) made by any third party due to or arising out of your breach of this agreement, or your violation of any law or the rights of a third party, and (B) incurred by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, emergency dialing, or your device, or use of our service by you or others using your account (whether or not such usage is expressly authorized by you).

    Kytron shall not be responsible for any infringement related to or resulting from, either directly or indirectly, use of the WysView web site, the services, the products, or otherwise.

  • 14. LIABILITY FOR CONTENT.

  • You are responsible for all liability that may arise from the content transmitted to any person, whether or not you authorize it, using your service or device. You promise that you and anyone who uses your service and all your and their content will comply at all times with all laws, regulations, and written and electronic terms and conditions for using the WysView web site, services and products.

  • 15. FORCE MAJEURE.
  • Kytron shall not be liable for any failure or delay in the performance of its obligations due to strikes, riots, fires, explosions, acts of God, war, terrorism or cyber-terrorism, governmental action, shortage of labor or materials, or any other cause which is beyond its reasonable control.

    Furthermore, Kytron shall not be liable for the following service outages should they, or any of them, cause the loss of services: (i) Power failure or disruption. If there is an interruption in the power supply, WysView services will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure your device prior to utilizing WysView services. (ii) Internet outage or suspension or termination of your broadband service or ISP Service. (iii) Your ISP or broadband provider's blocking of ports or other acts. (iv) Maintenance by your ISP, broadband provider or Kytron.

  • 16. GOVERNING LAW AND JURISDICTION.

  • These Terms and Conditions are governed and interpreted pursuant to the laws of the province of Ontario, Canada, notwithstanding any principles of conflicts of law.

    All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Toronto, Ontario, Canada. under the commercial arbitration rules of the Canada. The parties shall appoint as sole arbitrator a retired judge who presided in the province of Ontario. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Kytron shall be entitled to seek injunctive relief, security, or other equitable remedies from any court of competent jurisdiction.

  • 17. MISCELLANEOUS.
  • Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If any provision of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be struck and the remaining provisions shall continue in full force and effect. Headings are for reference purposes only and do not limit the scope or extent of such section.

  • 18. ENTIRE AGREEMENT.

  • This agreement, including any future modifications to its terms, and the rates for services found on the WysView web site, constitute the entire agreement between you and Kytron with respect to the subject matter hereof. This agreement governs your use of the WysView web site, and the use of our services by the members of your household and your guests and employees. It supersedes all prior or contemporaneous statements, understandings, writings, commitments, representations and agreements between you and Kytron concerning its subject matter.

  • 19. CHANGES TO AGREEMENT.

  • We may amend this agreement at any time by posting the amended terms on the WysView web site. Your continued use of the WysView web site, services and/or products shall constitute your acceptance of such revised agreement. This agreement may not be otherwise amended except in a writing signed by you and us.

  • 20. SURVIVAL.

  • The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall so survive.

  • 21. TERMINATION OF SERVICE.
  • We have the right to suspend or discontinue service generally, or to disconnect your service, at any time. In addition, we reserve the right to immediately disconnect your service at any time without notice on the following terms: (i) Unlawful or Inappropriate Use: If we determine that you have used the WysView web site, services or products for an unlawful or inappropriate purpose, or if we determine that your use or content does not conform to the requirements in this agreement or that it interferes with our ability to provide service to you or others. (ii) Non-payment: If any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method, or in case of any other non-payment of account charges. (iii) Violation of laws of jurisdiction: If we determine that you have used the WysView web site, services or products in violation of any applicable local, state, national, and/or international laws and regulations.

  • 22. NO THIRD PARTY BENEFICIARIES.

  • If you are not a party to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any other third party beneficiary rights.

  • 23. LEGAL AGE.

  • You promise that you are of legal age to enter into this agreement and that you have read and understand fully its terms and conditions.

  • 24. CONTACT.

  • If you have any questions or concerns about this agreement or any issues raised in this agreement or on the WysView web site, please contact us at: http://wysview.com/contact