Awareness Service Agreement
Welcome to the EOOEIES Awareness Services.
EOOEIES Awareness Services are developed by the owner of Guangdong Xinshenghe Catering Management Co., Ltd. (website: www.eooeies.com) (hereinafter referred to as "Xinshenghe"), and are designed to provide smart service benefits for paid users (hereinafter referred to as "you").
You must read carefully and fully understand the content of each clause of this agreement, especially the corresponding clauses of exemption liability and limitation liability.
If you activate or follow the camera owner to use the EOOEIES Awareness Services, you are deemed to have read and agreed to be bound by this agreement. If you disagree with any of the terms of this agreement, you should stop using the EOOEIES Awareness Services.
1. Service Content
1.1 “EOOEIES Awareness Services” refer to a smart service package for users of EOOEIES smart cameras produced by Xinshenghe, which contain a variety of proprietary smart service benefits, including but not limited to EOOEIES Awareness and EOOEIES Awareness Protection. Please refer to the detailed introduction on the "EOOEIES Awareness Page" to check specific service content.
1.2 The camera and its firmware, and software version of your phone application may affect your smart service benefits. When this happens, we recommend that you replace the device or upgrade the firmware and software in a timely manner.
1.3 The smart service benefits are based on the information published on the "EOOEIES Awareness Page". Smart services are divided into various forms, and there will be differences between different service packages. The details are also subject to the description on the above page.
2. Opening and Termination
2.1 If you agree to this agreement and pay the corresponding smart service fees through channels designated by Xinshenghe in the EOOEIES application, the subscription will be activated upon successful processing of your payment and you will get smart service benefits immediately.
2.2 Validity Period of EOOEIES Awareness Services: Commencing from the day when the service is activated, the specific validity period can be viewed on the "EOOEIES Awareness Page". If user pays renewal fees during the validity period, the validity period will be extended accordingly. If you do not renew before benefits get expired, Xinshenghe has the right to stop providing EOOEIES Awareness Services.
2.3 When you activate the EOOEIES Awareness Services, you should carefully check your account information, payment information, terms, and fees. As the EOOEIES Awareness Services are provided in virtual form, based on the nature of Internet services and relevant laws and regulations, once you have successfully paid service fees and the EOOEIES Awareness Services have been activated, no standard refunds are offered post-activation, even if you make a wrong purchase, cannot use the service due to your personal reasons, or cancel subscription amid validity period. If there is an extraordinary request for refund, please contact customer support for case-specific review. Xinshenghe may, at its sole discretion and as a gesture of goodwill, consider refund requests submitted directly by you via customer support channels. Any approved refund, if granted, will be processed solely at Xinshenghe’s discretion and may be calculated on a pro-rated basis for the unused portion of the subscription period, net of any transaction processing or costs incurred.
2.4 After any EOOEIES Awareness Service is activated, if you do not use the smart service benefits, it is not considered as giving up the corresponding rights. However, if you violate the relevant regulations or there is an abnormality in your account, Xinshenghe has the right to take restrictions or freeze measures on the corresponding account.
2.5 Before your EOOEIES Awareness Service expires, Xinshenghe will notify you that the benefits will expire or have expired. You can extend the use period by repurchasing the service package again.
3. Fees, Renewals, Upgrade and Downgrade
3.1 EOOEIES Awareness Services fees you finally paid are based on the service package. Xinshenghe will launch special promotions and publish event information and event prices on the "EOOEIES Awareness Page".
3.2 If you have activated the automatic renewal when you purchased the smart service, the smart service will renew automatically when it expires. If you do not want to renew, or do not want automatic payment, you can turn off the automatic renewal function before the automatic payment of the next period. For relevant rules and instructions, please refer to the Continuous Subscription Service Agreement.
4. Account Management
4.1 An administering user may, through the “sharing” feature, share a device with active smart service with other non-administering users (such as family, friends, etc.). The users who are shared with the device may access certain smart service features and/or benefits associated with that device as non-administering users. The scope of access varies depending on the applicable service plan and configuration applied to that certain device . Notwithstanding, all configurations and settings related to a smart service shall remain under the control of the administering user.
4.2 In the event of account divulgation or inaccessibility to smart service benefits that could not be attributed to Xinshenghe, Xinshenghe assumes no responsibility. If you find your account stolen during use, you should promptly change your password or retrieve your account through management regulations.
4.3 Smart service users shall not obtain qualifications in improper ways, shall not provide account to third parties in any form of lending, renting, selling, etc., and shall not abuse smart service rights to obtain improper benefits. If the user commits improper behavior and violates the management regulations, Xinshenghe has the right to suspend or cancel smart service qualification without refunding the service fees. In addition, the offending member shall bear all responsibilities and consequences.
4.4 The EOOEIES users should bear the corresponding responsibility for disputes arising from reasons that are attributable to the EOOEIES user rather than reasons related to Xinshenghe. If such disputes impair the legal rights of Xinshenghe, we have the right to cancel the user's eligibility for smart services without refunding the service fees. At the same time, Xinshenghe will safeguard rights and in lawful ways.
5. Awareness Protection and ER Services
5.1 Service Content and Availability. 24/7 emergency response services (“ER Services”), including dispatching police, fire, and medical assistance, are provided to users with an active Awareness Protection subscription.
Awareness Protection and the ER Services included are available and supported in certain countries and regions, which may be adjusted and updated by Xinshenghe from time to time. ER Services may be used in family residences that you own or legally occupy in these supported countries and regions with certain EOOEIES products installed (each, a “Protected Premise”).
5.2 Service Provider. The ER Services included in the Awareness Protection subscription are provided by Noonlight, Inc., a third-party service provider (the “ER Service Provider”).
BY ACCESSING, SUBSCRIBING TO, OR USING THE AWARENESS PROTECTION SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT AND THE TERMS OF USE LOCATED AT https://www.noonlight.com/terms, EXCLUDING SECTIONS 3 (ACCOUNTS AND REGISTRATION) AND 8 (PAYMENT) THEREIN (AS MODIFIED, THE “PROTECTION SERVICE TERMS”). IF YOU DO NOT AGREE TO THESE PROTECTION SERVICE TERMS, DO NOT ENROLL IN THE AWARENESS PROTECTION SUBSCRIPTION.
The ER Service Provider is an independent contractor of Xinshenghe; no partnership, joint venture, employment, franchise, or agency relationship exists between the ER Service Provider and Xinshenghe. Xinshenghe shall in no event be liable for any content of the Protection Service Terms, given it does not have control over such Protection Service Terms. Xinshenghe disclaims any express or implied recognition of, and any representation or commitment regarding, any information, software, products, services, materials, or results contained in or obtainable through the Protection Service Terms.
5.3 Alarm Notice and Response
An alarm notice may be triggered by either of the following ways to initiate 24/7 emergency response process:
(1) User may click the corresponding button (e.g. “Request Police Response”, “Request Medical Response”, “Request Fire Response”, etc.) in EOOEIES app to indicate emergency status and the EOOEIES app will automatically send request for emergency response to the ER Service Provider; or
(2) Subject to adjustment or alteration by Xinshenghe from time to time, if you elect to enable the “Away” mode on a security camera and activate the automatic emergency dispatch option, emergency response will be sent to the ER Service Provider automatically if a suspected intrusion is detected.
When the ER Service Provider receives a request for emergency response from the user, its agent will contact user by phone call or SMS to confirm safety status with the user. If the user confirms safety and enters the PIN code selected when setting up the Awareness Protection features, the alarm notice will be deactivated and no emergency responders will be dispatched. If the user confirms emergency, or if other condition for triggering emergency response service as determined by the ER Service Provider is met, the ER Service Provider will contact local public safety answering point and request emergency responders be dispatched to your Protected Premise.
5.4 Authorization and Privacy
(1) Phone Number. When enrolling in the Awareness Protection subscription, you must provide a phone number of your own that is capable of receiving calls and text messages. If you designate any emergency contact, their phone number must also be provided. The ER Service Provider and public safety authorities may contact you to verify your request for emergency response or on other matters related to your use of the ER Service via this phone number.
You consent to receive calls and texts from the ER Service Provider at this number via any method, including automated dialing/texting systems. Standard carrier charges apply to texts or data sent and received for the ER Service. As text reception is essential to the service, you must cancel your Awareness Protection subscription to stop receiving texts.
You must provide accurate, current, and complete phone number and keep your registered phone number up-to-date at all times. If the phone number you provide is not correct, the ER Service Provider may be unable to contact you to verify your request for emergency response. Neither Xinshenghe nor the ER Service Provider is liable for any loss or damage caused by your failure to maintain the latest phone number.
(2) Address. When you enroll in the Awareness Protection subscription, you will be asked to provide the address of the Protected Premise where each EOOEIES product connected to the ER Service is located.
You must provide accurate, current, and complete address of the Protected Premise and keep your registered address of the Protected Premise up-to-date at all times. If the Protected Premise address you provide is not correct, the ER Service Provider may be unable to request emergency responders be dispatched to the location where your EOOEIES product is actually located and/or emergency responders may be dispatched to an incorrect location. Neither Xinshenghe nor the ER Service Provider is liable for any loss or damage caused by your failure to maintain the latest address of the Protected Premise.
Xinshenghe or the ER Service Provider may require Protected Premise address verification to reduce fraud risk and ensure correct emergency dispatch. IF VERIFICATION IS REQUIRED: THE ER SERVICE WILL BE UNAVAILABLE FOR THE PROTECTED PREMISE, AND THE ER SERVICE PROVIDER WILL NOT RESPOND TO ALARMS UNTIL VERIFICATION IS COMPLETE. In any actual emergency before verification is completed, or if you cannot confirm authorities were contacted, YOU SHOULD IMMEDIATELY CONTACT POLICE, FIRE DEPARTMENT, 911, OR EMERGENCY SERVICES.
(3) Recording. You (for yourself) and any Service User (including any other person contacting Xinshenghe or the ER Service Provider, or whose communication is received through the Awareness Protection service by either party) consent to the interception, recording, disclosure, and use of any phone calls, other oral communications, or videos connected with the Awareness Protection service. You must also notify all Service Users about such interception, recording, disclosure, or use. YOU SHALL NOT INTERCEPT OR RECORD ANY PERSON'S ORAL COMMUNICATION WITHOUT THEIR EXPRESS CONSENT. Please refer to Xinshenghe's Privacy Policy and the ER Service Provider's Privacy Policy (https://www.noonlight.com/privacy) for critical details regarding audio/video recording.
For information on how we process data, see our Privacy Policy. As part of the Awareness Protection service, you consent to Xinshenghe sharing information/data to deliver the service. All such information/data – including home location, phone number, emergency-related sensor data, and any other data you share with or that is collected by the ER Service Provider – will be processed according to their privacy policy (https://www.noonlight.com/privacy). Xinshenghe exercises no control over and assumes no responsibility for this policy.
5.5 User Responsibility
(1) You are responsible for installing, operating, and maintaining your EOOEIES products according to provided instructions. You shall ensure these devices remain connected to adequate power sources and networks at all times;
(2) Prior to using the Awareness Protection service, you must determine whether your intended use is subject to data protection or privacy laws and ensure ongoing compliance. The Awareness Protection service is designed exclusively for personal and household use. Commercial or workplace usage is expressly prohibited;
(3) Your use of the Awareness Protection service may be subject to permits, registrations, licenses, or other regulations imposed by authorities governing the Protected Premise or your service usage. As an Awareness Protection service subscriber, you bear sole responsibility for compliance, including obtaining, maintaining and renewing any required permits, registrations or licenses. This responsibility includes paying any applicable fees and renewal fees. Non-compliance may result in emergency responders not dispatching to Awareness Protection service requests or fines or penalties from authorities.
You are liable for all fees assessed against you, Xinshenghe, or the ER Service Provider due to non-compliance. YOU SHALL INDEMNIFY AND HOLD HARMLESS Xinshenghe AND THE ER SERVICE PROVIDER FOR ANY SUCH FEES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. You expressly authorize Xinshenghe to fulfill this indemnification obligation by charging any payment method linked to your EOOEIES account at its discretion.
5.6 False Alarm
Authorities governing the Protected Premise may impose fines, penalties, or fees for false alarms, excessive alarms, or non-compliance with false alarm reduction regulations. You bear responsibility for any such fees assessed against you, Xinshenghe, or the ER Service Provider. False alarms may include, but are not limited to, trigger of alarm resulting from pets, user error, improper configuration, inadvertent operation, or failure to respond to verification attempts.
YOU SHALL INDEMNIFY AND HOLD HARMLESS Xinshenghe AND THE ER SERVICE PROVIDER FOR THESE FEES, to the fullest extent permitted by applicable law. You expressly authorize Xinshenghe to satisfy this indemnification obligation by charging any payment method linked to your EOOEIES account at its sole discretion. WITHOUT LIMITING OTHER RELEASES IN THIS AGREEMENT, YOU HEREBY RELEASE Xinshenghe AND THE ER SERVICE PROVIDER FROM ANY DAMAGES, LOSSES, OR EXPENSES RESULTING FROM FALSE ALARMS.
5.7 7-DAY PRACTICE MODE. After you enroll in the Awareness Protection subscription, you may, at your sole discretion, opt into a 7-day practice mode with respect to the ER Services to enhance your familiarity with the features provided by Awareness Protection. Within 7 days after practice mode is turned on (“Practice Period”), all other functions will be in place except no emergency request will actually be transmitted to any public safety or emergency response authorities. The ER Service Provider will NOT contact, request or dispatch any police, fire, medical assistance department, or other emergency handling authorities for or to your Protected Premise, whether you manually request emergency response in the EOOEIES app or an automatic request is triggered by a EOOEIES camera. IF YOU HAVE AN ACTUAL EMERGENCY DURING THE PRACTICE PERIOD, YOU SHOULD IMMEDIATELY CONTACT THE POLICE, FIRE DEPARTMENT, 911 OR APPROPRIATE EMERGENCY RESPONSE SERVICE. You may enable or disable the practice mode at any time.
6. NO WARRANTY
UNLESS OTHERWISE SPECIFIED HEREIN, THE SERVICES AND ANY CONTENT RELATED HERETO ARE PROVIDED “AS IS”. Xinshenghe, AS WELL AS ITS AFFILIATES AND DESIGNATED THIRD PARTIES DISCLAIM ANY WARRANTY, GUARANTEE OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES (INCLUDING THE CONTENT AND OTHER INFORMATION THEREOF), CONCERNING: THE PROMPTNESS, SAFETY, ACCURACY, TRUTHFULNESS AND COMPLETENESS, OR ABSENCE FROM DEFICIENCY, PROCEDURAL ERROR, DEFECT OR SECURITY FLAW; NON-INFRINGEMENT UPON THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF ANY THIRD PARTY; MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; HAVING THE CHARACTERISTICS AND COMMERCIAL VALUE EXPECTED BY THE USER; AVAILABILITY AT ANY PARTICULAR TIME OR PLACE; OR COMPLIANCE WITH ANY APPLICABLE LAW.
AS THE ER SERVICES INCLUDED IN THE AWARENESS PROTECTION SUBSCRIPTION ARE PROVIDED BY A THIRD-PARTY SERVICE PROVIDER, Xinshenghe AND ITS AFFILIATES’ OBLIGATION TO PROVIDE THIS SERVICE IS LIMITED TO ENABLING THE USER TO TRIGGER AN ALARM NOTICE BY WAYS SPECIFIED IN THIS AGREEMENT. Xinshenghe AND ITS AFFILIATES CANNOT AND DO NOT GUARANTEE THAT ANY EMERGENCY NOTICE OR EMERGENCY REQUEST WILL BE RESPONDED AND HANDLED BY ER SERVICES PROVIDER OR EMERGENCY RESPONSE AUTHORITIES IN A TIMELY AND APPROPRIATE MANNER OR BE RESPONDED OR HANDLED AT ALL. YOU ACKNOWLEDGE THAT THE SERVICE CAN BE INTERRUPTED BY ADVERSE WEATHER CONDITIONS, TRANSMISSION LIMITATIONS ATTRIBUTABLE TO THIRD PARTY CARRIERS, NETWORKS, ATMOSPHERIC OR OTHER CONDITIONS OUT OF Xinshenghe’S CONTROL.
THE ER SERVICES ARE NOT A SUBSTITUTE FOR 911 OR OTHER EMERGENCY RESPONSE AUTHORITIES. YOU SHOULD BE SOLELY RESPONSIBLE FOR PROMPTLY CONTACTING THE POLICE, FIRE DEPARTMENT, OR OTHER APPLICABLE EMERGENCY RESPONSE PROVIDERS FOR ANY EMERGENCY WHENEVER YOU CANNOT IMMEDIATELY CONFIRM THAT AWARENESS PROTECTION HAS ARRANGED CONTACT WITH THE APPROPRIATE EMERGENCY SERVICES.
7. NO INSURANCE
You acknowledge and understand that Xinshenghe has not offered any insurance to you, and this Awareness Service Agreement, including any service hereunder, does not provide any insurance coverage to you, to the Protected Premise or any person or property in the Protected Premise. You are solely responsible for obtaining and paying for any life, accident, property, errors and omissions, or other insurance pertaining to you, the Protected Premise and person and property in the Protected Premise.
8. LIMITATION OF LIABILITY
8.1 Xinshenghe, ITS AFFILIATES AND ITS DESIGNATED THIRD PARTY (IF APPLICABLE) SHALL IN NO WAY BE LIABLE FOR ANY ISSUES OCCURRED FROM USE OF THE SERVICES CAUSED BY ACCIDENTS, ABUSE, IMPROPER USE AND UNAUTHORIZED MODIFICATION.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL Xinshenghe, ITS AFFILIATES OR ITS DESIGNATED THIRD PARTY BE LIABLE TO THE USER FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND SECONDARY DAMAGES.
8.3 THE ACCUMULATIVE LIABILITIES (INCLUDING BUT NOT LIMITED TO LIQUIDATED DAMAGES AND OTHER COMPENSATION LIABILITIES AND EXPENSES) OF Xinshenghe, ITS AFFILIATES AND ITS DESIGNATED THIRD PARTY (IF APPLICABLE) ARISING OUT OF AND/OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF (i)THE TOTAL AMOUNT (EXCLUDING TAX) PAID BY THE USER TO Xinshenghe FOR THE SPECIFIC SERVICES OUT OF WHICH THE LIABILITIES AROSE; AND (ii) US$500. THE FOREGOING LIMITATIONS WILL HAVE NO PREJUDICE TO THE PAYMENT OBLIGATIONS OF THE USER UNDER SPECIFIC CONTRACTS. THE FOREGOING MAXIMUM AMOUNT LIABILITY IS BASED ON THE VALUE OF THE SERVICES PROVIDED BY Xinshenghe, ITS AFFILIATES AND ITS DESIGNATED THIRD PARTY, AND NOT ON THE LIKELIHOOD OR POTENTIAL EXTENT OR SEVERITY OF INJURY (INCLUDING DEATH) TO YOU OR OTHERS, OR ON THE VALUE OF PROTECTED PREMISES OR OTHER PROPERTY.
8.4 WITHOUT LIMITING OTHER RELEASES IN THESE PROTECTION PLAN TERMS OR THE STANDARD TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU (I) RELEASE Xinshenghe, ITS AFFILIATES AND ITS DESIGNATED THIRD PARTY FROM ALL LIABILITY FOR ANY LOSS, OCCURRENCE, EVENT OR CONDITION, WHETHER OR NOT COVERED BY YOUR INSURANCE, (II) RELEASE Xinshenghe, ITS AFFILIATES AND ITS DESIGNATED THIRD PARTY FROM ANY CLAIMS OF ANY PARTIES SUING THROUGH YOUR AUTHORITY OR IN YOUR NAME, SUCH AS YOUR INSURANCE CARRIERS, AND (III) WAIVE AND RELEASE ANY SUBROGATION AND OTHER RIGHTS YOU OR YOUR INSURANCE COMPANY MAY HAVE AGAINST Xinshenghe, ITS AFFILIATES AND ITS DESIGNATED THIRD PARTY FOR MONEY PAID TO YOU OR ON YOUR BEHALF. YOU WILL NOTIFY YOUR INSURANCE CARRIER(S) OF THESE RELEASES.