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 Costumer's user account ("Kasa Account") and can be reviewed and downloaded within a certain period of time, depending on the 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. 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.

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

5. 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.

6. 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.

7. 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 three (3) subscription plans, which the Customer can pick upon registration or at any time thereafter:

   • Free Plan;

   • Plus Plan;

   • Premium Plan.

2. Free Plan

   Every Kasa Account registration comes with a free Kasa Care Services plan ("Free Plan").

   The Free Plan includes a one (1) GB memory limit. Recordings within the memory limit are stored for two (2) days. The video history is capped by the number of days or memory limit, whichever is reached first. The Free Plan can be used for up to three (3) cameras. Customers who want to use more cameras must switch to a paid subscription (see below).

3. Paid Subscriptions

   1. General Information
      For more advanced Services, the Customer may purchase access on a subscription basis ("Paid Subscriptions"). The Customer can choose from two Paid Subscription models by choosing the respective Kasa Cam in the Kasa app and clicking on "Manage Subscription". The Customer can chose between two Paid Subscription plans, the Premium Plan and Plus Plan.
      
      After choosing the respective plan the 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 the Costumer'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. The Costumer shall remain responsible for all unpaid amounts that accrue as a result of declined or expired credit cards. Additionally, the Costumer 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.

4. Subscription Renewal
   
   All Kasa Care Services Subscription Plans renew automatically using the payment method and duration currently associated with the Costumer's account until cancelled or terminated (i.e. credit card). The Costumer will not be notified in advance of impending renewals unless an annual subscription plan is chosen; in this case an annual renewal reminder is sent to the email associated with Costumer's account. Following the processing of the Costumer's applicable Paid Subscription, a receipt will be sent to the email associated with the Costumer's Kasa Account. When any Paid Subscription is purchased, (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 the Costumer or terminated at TP-Link's discretion because the credit card was declined or the Costumer otherwise fails to pay the subscription fee.

5. Plan Modification

   1. Cancellation
      
      The Costumer may cancel Paid Subscriptions at any time by downgrading to the Free Plan from the "Kasa Care" menu item on the Kasa app 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. The Cancellation of an annual Paid Subscriptions affects future charges associated with the Costumer's subscription plan and entitles an applicable prorated refund. In case of Cancellation, TP-Links reserves the right to delete any or all of the Costumer's Kasa Cam recordings stored on TP-Link's servers that become inaccessible to the Costumer as a result of the cancellation of Paid Subscriptions and downgrade to the Free Plan.

   2. Plan Changes
      
      The Costumer 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 Costumer 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 Costumer's Kasa Cam recordings stored on TP-Link's servers that become inaccessible to the Costumer as a result of the Plan Changes.

6. Free Trial

   1. General Information
      
      Every Subscription starts with a "Free Trial" of Kasa Care Service. During the Free Trial period, the Customer is entitled to the Kasa Care Service of the Premium Plan (see below). The Free Trial is valid for a period of thirty (30) days starting with the setting up of the Kasa Cam. TP-Link reserves the right to revoke or modify the offer for Free Trial and/or terms and conditions of the new Free Trial at its sole discretion at any time without prior notice.

   2. Liability during Free Trial
      
      The liability of TP-Link during the Free Trial is limited to intent and gross negligence.

   3. End of Free Trial
      
      The Free Trial ends automatically after thirty (30) days. If the Costumer does not enroll into a Kasa Care paid subscription plan by the end of the Free Trial period (see below), the Kasa Care Services will convert to a Free Plan. TP-Link reserves the right to delete any or all of the Costumer's Kasa Cam recordings stored on TP-Link servers that become inaccessible as result of the Costumer's Free Trial period expiring and converting to a Free Plan. Resetting the camera to factory defaults during the free trial period does not result in a renewed Free Trial period.

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