Kasa Care Service Agreement

General Provisions

1. TP-Link Research America Corporation located at 245 Charcot Avenue, San Jose, CA 95131, USA ("TP-Link") provides devices and services in the field of smart home automation, including Kasa Cam. The Kasa Cam is a smart home security camera and is supported by Kasa Care Service.

2. This Service Agreement ("Agreement") and the Terms Of Use ("Terms") apply to all interactions between TP-Link and their end-customer ("Customer") related to the Kasa Care Service. Specific provisions of this Agreement shall take precedence over the corresponding provisions of the Terms.

3. "Kasa Care Service" is a cloud based service to allow for the viewing and downloading of Video captures from a Kasa Cam. These services can only be used in combination with the TP-Link Kasa App. Camera's activity recordings are stored to the Customer's user account ("Kasa Account") and can be reviewed and downloaded within a certain period of time, depending on Customer's Subscription Plan.

Registration of a Kasa Account

1. Opening a Kasa Account is done by performing a registration process in TP-Link's app, which involves correctly entering all requested data in a form, agreeing to these Terms and clicking the "Create Account" button, clicking the confirmation link in the e-mail sent by TP-Link, and defining a password in accordance with TP-Link's instructions.

2. Customer can check his/her entries at any time during the registration process and correct any mistakes right in the corresponding fields.

3. Customer may also store his/her credit card information in the Kasa Account. Customer agrees and grants TP-Link the right to use such information for any due and payable amounts in connection with the Kasa Account. TP-Link will inform Customer accordingly when entering its credit card information.

4. After registration has been completed, TP-Link opens a Kasa Account for Customer. This gives rise to this agreement between Customer and TP-Link. It is not necessary to explicitly inform Customer of this fact.

5. After opening the Kasa Account, TP-Link does not store the text of the contract in a form that the user can access.

6. If the personal data provided by Customer while registering should change, Customer shall inform TP-Link of the new data or enter the changes in the Kasa Account profile without delay.

7. Any usernames and passwords used for the Services are for individual use only. Customer shall be responsible for the security of his/her username and password (if any). TP-Link shall be entitled to monitor Customer's username and password and, at its discretion, require Customer to change it. If Customer uses a username and password that TP-Link considers insecure, TP-Link will be entitled to require Customer username or password to be changed and/or terminate Customer's Kasa Account. Customer shall safeguard his/her user name and password to prevent unauthorized access and use by third-parties. If there is evidence of illegitimate use of the data by third parties, Customer shall notify TP-Link immediately. In such a case, TP-Link is entitled to block access by Customer. TP-Link will never phone or e-mail Customer asking to disclose the password.

8. Customer is liable for all actions performed via his/her Kasa Account. Cases of abuse are exempted if Customer cannot be held responsible for them.

Subscriptions

1. Each subscription starts with the registration of a Kasa Account and setting up of their Kasa Cam. TP-Link offer two paid subscription plans, which Customer can pick upon registration:

   • Plus Plan;

   • Premium Plan.

2. Subscription Plans

   1. General Information
      For the Services, Customer has to purchase access on a subscription basis ("Paid Subscriptions"). Customer can choose from two Paid Subscription models by choosing the respective Kasa Cam in the Kasa app and clicking on "Manage Subscription". Customer can chose between the Premium Plan and Plus Plan.
      
      After choosing the respective plan Customer is asked to choose the billing cycle (yearly or monthly) and to provide for his/her credit card information. The subscription is completed by clicking on the "Subscribe" button at the end of the subscription process.

   2. Plus Plan
      The "Plus Plan" includes a fourteen (14) GB memory limit. Recordings within the memory limit are stored for fourteen (14) days. The video history is capped by the number of days or memory limit, whichever is reached first. The Plus Plan is valid for one (1) camera. Customers who want to use more cameras under the Plus Plan must subscribe to the Plus Plan for each camera. For the avoidance of doubt, the subscription fee will have to be paid for each Plus Plan subscription.

   3. Premium Plan
      The "Premium Plan" includes a thirty (30) GB memory limit. Recordings within the memory limit are stored for thirty (30) days. The video history is capped by the number of days or memory limit, whichever is reached first. The Premium Plan is valid for one (1) camera. Customers who want to use more cameras under the Premium Plan must subscribe to the Premium Plan for each camera. For the avoidance of doubt, the subscription fee will have to be paid for each Premium Plan subscription.

   4. Subscription Fees and Payment
      Subscription fees are charged on the first day of the applicable subscription period. If Customer's credit card transaction is declined or the credit card expires, TP-Link reserves the right to cancel Paid Subscriptions; however the subscription will not be terminated automatically. Customer shall remain responsible for all unpaid amounts that accrue as a result of declined or expired credit cards. Additionally, Customer shall be responsible for all costs occurring in connection with the collection of such unpaid amounts, including court costs, attorneys' fees, collection agency fees and any other associated costs.
      
      If less or more than the correct or advertised amount on a transaction is charged TP-Link reserves the right to complete subsequent transaction attempts in order to rectify the Incorrect Payment up to thirty (30) days after the transaction date.
      
      TP-Link may change the prices and institute new charges for Kasa Care Services. TP-Link will give Customer thirty (30) days prior notice of any such change. This notice may be delivered by email to Customer. Customer's continued use of the features following such notification constitutes an acceptance of any change to the fees. If Customer objects to any such change, TP-Link has the right to terminate the Agreement. Customer acknowledges that he/she may no longer use the Services after termination of the Agreement.

3. Subscription Renewal
   
   All Kasa Care Services Subscription Plans renew automatically using the payment method and duration currently associated with Customer's account until cancelled or terminated (i.e. credit card). Customer will not be notified in advance of impending renewals unless an annual billing cycle is chosen; in this case an annual reminder is sent to the email associated with Customer's account. Following the processing of Customer's applicable Paid Subscription, a receipt will be sent to the email associated with Customer's Kasa Account. When any Paid Subscription is made, (i) TP-Link is authorized to charge a subscription fee (in addition to any applicable taxes) on a monthly or annually recurring basis depending on the billing cycle chosen and the promotion applied, if any, for as long as the Paid Subscription is in effect, and (ii) the Paid Subscription is in effect until it is canceled by Customer or lawfully terminated by TP-Link.

4. Plan Modification

   1. Cancellation
      
      Customer may cancel subscriptions at any time by choosing the respective Kasa Cam and clicking on "Manage Subscription". Cancellation of monthly Paid Subscriptions has no retroactive effect in the sense of refunding and only affects future charges. Cancellation of an annual Paid Subscriptions affects future charges associated with Customer's subscription plan and entitles an applicable prorated refund. In case of Cancellation, TP-Links reserves the right to delete any or all of Customer's Kasa Cam recordings stored on TP-Link's servers that become inaccessible to Customer as a result of the cancellation of Paid Subscriptions. Customer acknowledges that he/she may no longer use the Services after cancellation of his/her subscription.

   2. Plan Changes
      
      The Customer may change to a different Paid Subscription at any time from the "Kasa Care" menu item on the Kasa app by choosing the respective Kasa Cam and clicking on "Manage Subscription." In order to change billing cycle types (annual or monthly) the Customer will be required to cancel the Paid Subscription and re-enroll. In case of Plan Changes, TP-Links reserves the right to delete any or all of the Customer's Kasa Cam recordings stored on TP-Link's servers that become inaccessible to the Customer as a result of the Plan Changes.

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