Kasa Care Service Agreement
To protect the rights and interests of users (hereinafter referred to as “you”), please read the Kasa Care Service Agreement (hereinafter referred to as “this agreement”) carefully before using this service. Your use of the Kasa Care service is governed by this Kasa Care Service Agreement. Buying or using this service means you have reached an agreement with TP-Link and are willing to accept the terms of this agreement.
Service Content
The Kasa Care service is a value-added product of TP-Link, offering a variety of member privileges to you. TP-Link provides multiple tiers of paid subscription plans for the Kasa Care Service.
With the Kasa Care service, any video footage captured by your Kasa Cam is automatically sent to our servers for storage. When you make any changes to your subscription, TP-Link may (but is not obligated to) delete any or all of your Kasa Cam recordings stored on our servers that become inaccessible to you as a result of your change in subscription plan.
The Kasa Care service may be affected by your device firmware version or app version. To fully take advantage of all member privileges, it is recommended that you update your device firmware and app to the latest versions.
The member privileges included in the Kasa Care service are subject to the information published by TP-Link on the service subscription page. TP-Link reserves the right to adjust all or part of the member privileges according to business needs. The adjustments will be announced on the service subscription page. You can also consult TP-Link customer service at any time for details of the current member privileges.
When you purchase any of the Kasa Care Service subscription plans, you expressly acknowledge and agree that (1) TP-Link is authorized to charge you a subscription fee (in addition to any applicable taxes) on a monthly or annually recurring basis depending on the billing cycle you choose and the promotion code you apply, if any, for as long as your subscription is in effect, and (2) your subscription is in effect until you cancel it or it is terminated at our discretion because your credit card was declined or you otherwise fail to pay your subscription fee, and (3) your subscription period shall not be suspended, interrupted or extended under any circumstances.
The Kasa Care service does not accept any returns, refunds, or exchanges, and changing the TP-Link ID that uses the Kasa Care service is not allowed. Cancellation of paid subscriptions has no retroactive effect in the sense of refunding and only affects future charges.
Service Opening and Validity
You agree to this agreement and pay the service subscription fee to receive the Kasa Care service.
Kasa Care Service Validity Period: Calculated from the service opening date, and the specific validity period can be viewed on the service subscription page. If the service is renewed in any way before expiration, the validity period will be extended accordingly. TP-Link reserves the right to suspend this service if it has not been renewed in any way before expiration.
Service Fees and Renewals
The Kasa Care service fee is subject to the prices published by TP-Link on the service subscription page. TP-Link may launch promotions from time to time, and the promotion information and prices will be announced on the member service page.
If you subscribe to the Kasa Care service, you are deemed to have authorized TP-Link to deduct the next billing cycle service fee from your Apple ID or Google account when your membership is about to expire. If you want to cancel the auto-renewal or automatic deduction, you have the right to turn off auto-renewal before TP-Link deducts the service fee for the next billing cycle. For relevant rules and instructions, please refer to the Auto-Renewal Service Agreemen. If you use Credit Card as a payment method, you may be charged a foreign exchange fee by your credit card company when the charge currency differs from your credit card currency. TP-Link is not responsible for these additional charges.
If the deducted service fee is less than or more than the correct or advertised price, TP-Link reserves the right to complete subsequent transaction attempts up to 30 days after the transaction date to correct the payment.
Restrictions on Use
Your use of this service is subject to the following additional restrictions. You may not use or interact with the service in a manner that:
- Violate this agreement.
- Violate laws, regulations, rules, ordinances and any normative provisions with legal effect.
- Destroy or affect TP-Link's provision of this service to any third party.
- Violate the security of any computer network.
- Adversely affect the services and activities of this agreement provided by TP-Link and related third parties, and infringe the legitimate interests of TP-Link and/or associated third parties.
- Use this service to obtain illegal benefits, including but not limited to improper profits through resale, transfer, and sub-authorization.
- Undertake other actions that violate TP-Link's legitimate interests.
You acknowledge and agree that TP-Link has the right to take one or more of the following measures if a breach is discovered:
- Take actions including but not limited to suspending or terminating all or part of member privileges of this service.
- TP-Link does not need to refund you any fees. The fees corresponding to the unfulfilled services will be owned by TP-Link as a penalty. You are solely responsible for any losses in your account, and you should also compensate TP-Link for its losses arising out of the breach, including but not limited to attorney fees and litigation fees.
Service Agreement Acceptance and Revision
The contents of this agreement include the body of the agreement and various rules that TP-Link has published or may release/update in the future. All rules are an integral part of this agreement and have the same legal effect as the body of the agreement. If there is any conflict between the body of the agreement and the foregoing rules, the body of the agreement shall prevail. Unless expressly stated otherwise, your use of the Kasa Care service is governed by this agreement.
If this agreement and related service terms need to be revised due to business needs, TP-Link will choose to notify you of modifications to the above terms by methods including but not limited to system prompts, announcements, and intranet letters. If you do not accept the revised terms, you have the option to terminate your use of the Kasa Care service. Your continued use of the service will be deemed to have accepted the modified agreement.
Service Changes or Suspension
TP-Link is constantly changing and improving its services. TP-Link may choose to suspend, interrupt, and terminate all or part of the member privileges of the Kasa Care service based on its own business decisions, government actions, force majeure, and other reasons. If such situations occur, TP-Link will notify you in the form of an announcement but will not be responsible for any losses caused to you. Except in the cases explicitly stipulated by laws and regulations, TP-Link has the right to directly return to you the fees corresponding to the unfulfilled services without your application.
Force Majeure Clause
TP-Link is not responsible for losses caused by force majeure. Force majeure referred to in this agreement include:
- Natural disasters;
- Changes in laws and regulations, or government directives;
- Reasons specific to the characteristics of network services, such as failures of basic telecommunications operators, computer or Internet-related technical defects, Internet coverage limitations, computer viruses, and hacking;
- Other unforeseeable, unavoidable, or insurmountable situations within the legal scope.
Limitations of Kasa Care Service
You acknowledge and agree that Kasa Care services, whether standalone or interfaced with third-party products or services, is not certified for emergency response and is not a third-party monitored emergency notification system (e.g., Kasa Care will not dispatch emergency authorities to your home in the event of an emergency). Additionally, you acknowledge and agree that Kasa Care services and our employees are not a lifesaving solution for you or any other person at risk in your home, and that the Kasa Care services are not a substitute for emergency services. All emergencies should be directed to the appropriate response services.
We make no warranty or representation that the use of Kasa Care services, whether standalone or interfaced with third-party products or services, will affect or increase your level of safety or that of anyone else. You acknowledge and agree that you will not rely on the Kasa Care services for any life-saving or other critical purposes. Mobile notifications regarding the status and alarms related to the Kasa Care services are provided for information purposes only and such notifications are not a substitute for a third-party monitored emergency notification system. You acknowledge that it is your responsibility to educate yourself on how to respond to emergencies.
CHOICE OF LAW AND COURT
This Agreement, including but not limit to its conclusion, validity, construction, performance and settlement of the disputes, shall be governed by and construed in accordance with the law of Hong Kong, without giving effect to the principles of conflict of law.
Any dispute arising from, or in connection with the Agreement shall be first settled through friendly negotiation by both Parties. In case no settlement to disputes can be reached through amicable negotiation by both Parties, the disputes shall then be submitted to Hong Kong International Arbitration Centre for arbitration in accordance with its Arbitration Rules in force at the time of application for arbitration. The arbitration shall proceed in Hong Kong. The arbitral award is final and binding for both Parties. The arbitration fees shall be borne by the losing Party except otherwise awarded by the arbitration commission.