ItronCAM is designed to provide a way for you to view the content captured with your ItronCAM cameras, including your videos and photos taken with your ItronCAM cameras. You control access to your cameras and stored content. The ItronCAM video monitoring systems come with various services plans, which may offer: remote viewing of your ItronCAM cameras' content; automatic recording when motion is detected; motion alerts (with links to the associated videos); video clips that are sent to your iPhone, Android phone; digital pan and zoom; video storage; and the ability to support multiple cameras. Through settings in your ItronCAM account you can choose to keep your cameras, photos and videos private or allow broader access to them. Premium service plans may be offered that upgrade the aforementioned features or add additional features to your ItronCAM system.

You must be at least 18 years of age to sign up for ItronCAM, and by signing up for ItronCAM you confirm that you are at least 18 years old. The ItronCAM System does not knowingly collect or solicit personal information from anyone under the age of 18, and ItronCAM does not knowingly allow such persons to register for ItronCAM. If you are under 18, do not attempt to register for the ItronCAM or send any information about yourself to us without parental consent. No one under age 18 may provide any personal information to ItronCAM without parental consent. If we learn that we have collected personal information from somebody under age 18 without verification of parental consent, we will delete such information. If you believe that we have any information from or about a child under 18, please contact us at support@itroncam.com.

To read the complete ItronCAM Terms of Service please see below.

Welcome to ItronCAM. ItronCAM is operated by Itronics NZ Ltd By using:

2.1 the ItronCAM cameras and the personal video network (referred to herein as the "ItronCAM System"); and

2.2 the ItronCAM websites and any associated subscriptions, content services, accounts, streaming video sites, and all other web services associated with the ItronCAM product.

(2.1 and 2.2 above being collectively referred to herein as the "ItronCAM Services")

3. Terms of Service

Your registration of the ItronCAM System through the ItronCAM Websites, as well as use of the ItronCAM Services, is subject to the provisions of these Terms. Any software component embodied in the ItronCAM System is licensed to you, and not sold.

ItronCAM MAY AT ITS DISCRETION CHANGE THESE TERMS. ANY CHANGES MADE TO PROVISIONS OF THESE TERMS WILL BE UPDATED ON THE ItronCAM WEBSITE.WE ENCOURAGE YOU TO PERIODICALLY CHECK THE ItronCAM WEBSITES FOR THE CURRENT VERSION OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY CHANGES TO THESE TERMS YOU MAY CANCEL YOUR USE OF THE ItronCAM SERVICES IN ACCORDANCE WITH SECTION 13 OF THESE TERMS. YOUR USE OF THE ItronCAM SERVICES FOLLOWING NOTIFICATION OF THE CHANGE TO THE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE TERMS, AS MODIFIED.

4. Registration Information

Registration of your ItronCAM System is required. To register, you must provide the following "User Information":

An e-mail address. You agree that you are 18 years old or older and agree to provide and maintain accurate and complete User Information. ItronCAM may terminate your account if you provide ItronCAM with inaccurate or incomplete information. You also certify that you are legally permitted to use and access the ItronCAM Services. These Terms are void where prohibited by law, and the right to access the ItronCAM Services is revoked in such jurisdictions.

ItronCAM respects the privacy of your User Information and will safeguard the User Information in accordance with the ItronCAM Privacy Policy. We encourage you to review the Privacy Policy frequently. ItronCAM will monitor usage data, such as log entries, diagnostics, bandwidth usage, and various other analytics coming from devices tied to the user.

By completing the registration process, you agree to the Privacy Policy and affirm that you understand and consent to ItronCAM's collection, storage and use of your User Information. You have the right to update your User Information or change your consent to the collection, storage and use of your User Information at any time. Such changes can be made by logging into your ItronCAM account. Certain features of the ItronCAM Services may not be available if you restrict the collection, storage, or use of your User information.

5. Member account, password and security

You will create a password and account designation during the ItronCAM Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to

5.1 immediately notify ItronCAM of any unauthorized use of your password or account or any other breach of security and

5.2 ensure that you exit from your account at the end of each session.

ItronCAM will not be liable for any loss or damage arising from your failure to comply with this Section 3. ItronCAM may refuse registration of or cancel ItronCAM account designation in its discretion.

6. Third-Party content

ItronCAM takes the ownership of all functions related to our smart cameras, but in order to provide better services to users, we also rely on or inter-operate with third-party content.

We provide third-party content as a service, but ItronCAM does not control or participate in editing any third-party content, so it makes no representation or warranty about any third-party content, and your use of such third-party content is at your own risk.

You agree that ItronCAM will have no liability to you or anyone else who uses your ItronCAM System with regard to any Third Party Content. You also agree and declare that the ItronCAM Services will not be used to illegally copy, illegally display or otherwise make illegal use of Third Party Content. Generally, authorization from the appropriate rights holder is needed prior to displaying, using, or copying Third Party Content. Unauthorized copying or distribution of copyrighted works may constitute an infringement of the copyright holders' rights.

ItronCAM may terminate the accounts of users of any ItronCAM service or software who infringe the copyrights, trademarks, or intellectual property rights of others. In addition, steps intended to defeat or bypass security measures designed to prevent intellectual property infringement may be illegal under comparable foreign laws. ItronCAM may terminate the ItronCAM accounts of users who develop or use methods to defeat or bypass such security measures and may take any other necessary or appropriate action to prevent infringement of intellectual property holders' rights.

7. Changes to your ItronCAM Service

To the extent possible under the governing law, ItronCAM may, at its discretion and without notice or user permission, change, add, or remove features and functionality of the ItronCAM Services. If you are dissatisfied with any material changes to the ItronCAM Services during a subscription, you may immediately terminate your use of the ItronCAM Services and be entitled to a pro-rated refund of any of your paid for, but unused, subscription. ItronCAM is under no obligation to provide any or all features and functionality to your ItronCAM System and may, at its discretion, discontinue the provision of software updates to certain ItronCAM Systems. Because different ItronCAM Systems may support different features and functionality the level of service ItronCAM provides may not be the same for each ItronCAM System.

8. Service Eligibility/Parental Advisory

Use of the ItronCAM Services requires that your ItronCAM System has access to an always-on, broadband internet connection. To enable the ItronCAM Services all ItronCAM Systems must be registered at ItronCAM apps, such as the official ItronCAM iOS and Android apps. THE ItronCAM SERVICES ARE INTENDED FOR USERS WHO ARE AT LEAST 18 YEARS OF AGE OR OLDER. BECAUSE THE ItronCAM SERVICES MAY PROVIDE ACCESS TO VIDEO OR IMAGES THAT CONTAIN EXPLICIT CONTENT INCLUDING DEPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE. PARENTAL DISCRETION IS ADVISED FOR ALL USERS UNDER THE AGE OF 18.

9. Member Conduct

You understand that all information, data, text, software, photographs, video, messages, tags, feedback, comments, questions, other information or materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not ItronCAM, are entirely responsible for all Content that you capture, upload, post, email, transmit or otherwise make available via the ItronCAM Services.

9.1 ItronCAM does not control the Content posted via the ItronCAM Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will ItronCAM be liable for any Content, including but not limited to,

9.1.1 any errors or omissions in any Content

9.1.2 any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the ItronCAM Services including viewing, copying or redistribution of the Content;

9.1.3 loss or destruction of Content; or

9.1.4 failure to comply with any and all applicable federal, state, and local laws with respect to use of the ItronCAM Services including but not limited to laws related to closed-circuit television monitoring for any purpose and recording in public areas.

You also understand that ItronCAM does not guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we do not guarantee the authenticity of any data that users or merchants may provide about themselves. We do not control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the ItronCAM Services.

You agree not to use the ItronCAM Services to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy; harm minors in any way; impersonate any person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the ItronCAM Services; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail, "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose; interfere with or disrupt the ItronCAM Services or servers or networks connected to the ItronCAM Services (including without limitation denial-of-service attacks) or disobey any requirements, procedures, policies or regulations of networks connected to the ItronCAM Services; intentionally or unintentionally violate any applicable local, state, national or international law.

ItronCAM does not view your private photographs or videos without your permission, but you agree that ItronCAM and its designees will have the right (but not the obligation) in their sole discretion to screen and/or remove Content that is made, or attempted to be made, publicly available via the ItronCAM Services. ItronCAM may also refuse or remove Content from the ItronCAM Services that may violate the Terms, such as those prohibitions listed in Section 7.

Without limiting the foregoing, ItronCAM will have the right at any time to remove any Content that violates these Terms, is illegal, or ItronCAM believes may be illegal or inappropriate (including, but not limited to, removal upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.

9.2 You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services. You acknowledge, consent and agree that ItronCAM may access, preserve and disclose your account information and/or Content if required to do so by law or in a belief that such access, preservation or disclosure is reasonably necessary to

9.2.1 comply with legal process, including without limitation subpoenas and search warrants

9.2.2 enforce these Terms

9.2.3 respond to claims that any Content violates the rights of third parties

9.2.4 respond to your requests for customer service or

9.2.5 protect the rights, property or personal safety of ItronCAM, its users and the public.

9.3 You understand that the technical processing and transmission of the ItronCAM Services, including your Content, may involve

9.3.1 transmissions over various networks and

9.3.2 changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the ItronCAM Services and software embodied within the ItronCAM Services may include security components that permit digital materials to be protected and that use of these materials is subject to usage rules set by ItronCAM and/or content providers who provide content to the ItronCAM Services.

You may not attempt to override or circumvent any of the usage rules embedded into the ItronCAM Services. Any unauthorized or illegal reproduction, publication, further distribution or public exhibition of the materials provided on the ItronCAM Services, in whole or in part, is prohibited.

10. Content submitted or made available for inclusion on the ItronCAM Services

ItronCAM does not claim ownership of Content you submit or make available for inclusion on the ItronCAM Services. Nevertheless, as permitted through the functionality of the ItronCAM Services and under these Terms, you grant ItronCAM the right to transmit, process, adapt and maintain a copy of the Contents in a security-enhanced and/or encrypted manner, solely in connection with providing you the ItronCAM Services, or for archival and legal purposes.

When you use a third-party application, the application may ask for your permission to access your ItronCAM content and information in order for the application to work as intended. Your agreement with the provider of that application will control how the application can use, store, and transfer that content and information, so be sure to thoroughly read any such application’s terms of service and only use applications from trusted providers. For clarity, the foregoing license grants to ItronCAM do not affect your ownership of or right to grant additional licenses to the material in your Content, unless otherwise agreed in writing.

11. Internet service provider and cell phone charges

The ItronCAM Services require the use of a broadband Internet connection. You are responsible for any service charges for your internet connection or data plan incurred as a result of using or accessing the ItronCAM Services and acknowledge and agree that you will be solely responsible for all disputes with any internet service or cell phone provider relating to same. In particular, streaming and viewing recorded videos and the use of the apps may incur extra and substantial charges on devices that use a data plan. ItronCAM is not responsible for and does not make any assurances about the availability, functionality, or cost of any broadband internet connection or other data plan.

12. Using the ItronCAM Services

You may access and use the ItronCAM Services only with a ItronCAM System that is authorized to communicate with the ItronCAM Websites. You agree not to tamper with or otherwise modify your ItronCAM System. Except as expressly provided in these Terms, you may not transfer the ItronCAM Services or the right to receive them. By using the ItronCAM Services you agree to receive all software updates and upgrades that ItronCAM sends to your ItronCAM System. If you disable the automatic upgrade feature of the ItronCAM System then certain functionality of the ItronCAM System may be adversely impacted. Even if you disable the automatic upgrade feature of your ItronCAM System, ItronCAM may still implement critical ItronCAM System updates; updates for ItronCAM applications running on your iPhone or Android phone; and ItronCAM back end service updates. If your ItronCAM System accesses the ItronCAM Websites (regardless of your payment or subscription status) you acknowledge and agree that you are a user of the ItronCAM Services and are bound by the provisions of these Terms.

13. Termination of service

You may request termination of your account and your right to use the ItronCAM Services at any time without limitation. The ItronCAM Services will be terminated within approximately 5 business days after your request. Any unused ItronCAM Services fees (if applicable), including subscription fees, may not be refundable under this method of termination. Upon termination of your account, certain information may not immediately be deleted from ItronCAM's or its agents’ systems, including without limitation log entries, diagnostics, analytics coming from devices tied to the user; transaction details of the account; or information subject to search warrant, subpoenas, or other legal processes.

Notwithstanding anything to the contrary in these Terms, ItronCAM retains the absolute right to immediately terminate your account if the subscription charges are refused for any reason(if applicable), if you breach any provision of these Terms, if you misuse the ItronCAM Services, and/or if you alter your ItronCAM System or use the ItronCAM Services or software in such a manner as to infringe upon the intellectual property rights of ItronCAM and/or its subsidiaries and affiliates or any third party.

In addition, ItronCAM may terminate your account and these Terms for any other reason if ItronCAM gives you at least 30 days advance notice of such termination. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges(if applicable) relating to your use of the ItronCAM Services before termination, and ItronCAM will give you a pro-rated refund of any of your paid for, but unused, ItronCAM Services fees that will remain unused because of ItronCAM's termination under this method of termination. Termination of the ItronCAM Services may result in the forfeiture and destruction of all information associated with your membership, including Content.

All provisions of these Terms which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

ItronCAM may provide you with notices, including those regarding changes to these Terms, by email, regular mail, text message, postings or updates to the ItronCAM Websites or other reasonable means now known or hereinafter developed.

15. Title to software and intellectual property

You may need to use certain software programs in your ItronCAM System to use or have full access to certain features of the ItronCAM Services. You are required to accept and use the software included in your ItronCAM System at the time of purchase and other software programs that may be delivered to your ItronCAM System by ItronCAM from time to time. ItronCAM and/or its subsidiaries, affiliates, and licensors retain title to and ownership of all the software for the ItronCAM System and certain intellectual property rights in the ItronCAM System. ItronCAM and/or its affiliates also retain ownership of all ItronCAM copyrights, trademarks and other intellectual property. In the case of third party software delivered by ItronCAM and/or its subsidiaries and affiliates to the ItronCAM System, the applicable third party retains title to and ownership of its software, copyrights, trademarks and other intellectual property.

Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute or use for other purposes the ItronCAM System or the software of the ItronCAM System is strictly prohibited, unless such prohibition is not allowed under the applicable law. If you install any ItronCAM software applications on your home computer ownership and the other terms of such use are governed by the applicable End User License Agreement to which you must agree prior to installation.

16. Notice and procedure for making claims of copyright or intellectual property Infringement

ItronCAM respects the intellectual property of others and we require our users to do the same. ItronCAM may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeated intellectual property infringers. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated please provide ItronCAM with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest

a description of the copyrighted work or other intellectual property interest that you claim has been infringed;

a description of where the material that you claim is infringing is located on the site;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.

Please mail this information to:

8A Triton Drive, Albany, Auckland 0632

You may provide a link to your personal ItronCAM site. Any link to any ItronCAM Service must be to its home or top-level page.

The ItronCAM Services may provide, or third parties may provide, links to other worldwide websites or resources. Because ItronCAM has no control over such sites and resources you agree that ItronCAM is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further agree that ItronCAM will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.

18. Special admonitions for international use

Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

19. No resale of ItronCAM Services

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the ItronCAM Services (including your ItronCAM ID), use of the ItronCAM Services or access to the ItronCAM Services.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ItronCAM AND ITS SUBSIDIARIES AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCLUDING BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST ItronCAM AND ITS SUBSIDIARIES AND AFFILIATES OR THE ItronCAM SERVICES, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY PROVISION OF THESE TERMS, YOUR MISUSE OF THE ItronCAM OR ItronCAM SERVICES, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF ItronCAM PRODUCTS OR SOFTWARE.

21. Warranty and Warranty disclaimer

ItronCAM has a limited warranty on the ItronCAM cameras whereby ItronCAM warrants to and only to you that the ItronCAM cameras will be free from defects in materials and workmanship for one (1) year from the date of your purchase of the ItronCAM cameras (unless a longer warranty period is required by law).

Batteries and battery replacement is excluded from all ItronCAM warranties. It is your sole responsibility to maintain and replace the ItronCAM batteries. ItronCAM recommends that you carefully read and follow the owner’s manual, instructions and warnings for all ItronCAM equipment. Use of only high-quality, non-counterfeit, and non-rechargeable batteries is recommended. The use of rechargeable batteries or inferior-quality batteries that cause damage to your ItronCAM camera system will void the warranty. Repair or modification of the product by anyone other than ItronCAM or a ItronCAM approved agent will void the warranty.

TO THE EXTENT POSSIBLE UNDER GOVERNING LAW, OTHER THAN THE ABOVE PRODUCT WARRANTY FOR THE ItronCAM CAMERAS AND BASE STATION DEVICES, YOU UNDERSTAND AND AGREE THAT THE ItronCAM SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ItronCAM MAKES NO WARRANTY THAT THE ItronCAM SERVICES WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE ItronCAM SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE NOR DOES ItronCAM MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ItronCAM SERVICES (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE ItronCAM SERVICES WILL BE CORRECTED OR THAT THE ItronCAM PRODUCTS OR ItronCAM SERVICES WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, ItronCAM DOES NOT WARRANT THAT THE ItronCAM SERVICES OR THE ItronCAM SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ItronCAM ALSO ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES THAT MAY INFECT YOUR ItronCAM BASE STATION, COMPUTER SOFTWARE, OR OTHER HARDWARE.

YOU AGREE THAT ItronCAM IS NOT AN INSURER AND THAT ItronCAM IS NOT PROVIDING ME WITH INSURANCE OF ANY TYPE. ANY AMOUNTS THAT YOU PAY ItronCAM FOR THE ItronCAM SERVICE ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF YOUR PROPERTY, ANYONE ELSE’S PROPERTY LOCATED IN YOUR PREMISES, OR ANY RISK OF LOSS AT YOUR PREMISES. IF YOU WANT INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS AT YOUR PREMISES, YOU WILL PURCHASE IT. IN THE EVENT OF ANY LOSS, DAMAGE OR INJURY, YOU WILL NOT LOOK TO ItronCAM TO COMPENSATE YOU OR ANYONE ELSE. YOU RELEASE AND WAIVE FOR YOURSELF AND YOUR INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST ItronCAM ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE OR INJURY.

ItronCAM'S EQUIPMENT AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF CERTAIN EVENTS, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, ROBBERIES AND MEDICAL PROBLEMS. ItronCAM MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE ItronCAM EQUIPMENT AND SERVICES PROVIDED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. ItronCAM DOES NOT UNDERTAKE ANY RISK THAT YOU OR YOUR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH YOU, NOT ItronCAM.

OTHER THAN THE ABOVE PRODUCT WARRANTY FOR THE ItronCAM CAMERAS AND BASE STATION DEVICES, ItronCAM AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE ItronCAM SERVICES, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, THE LAST SENTENCE OF THIS SECTION MAY NOT APPLY TO YOU. ItronCAM HEREBY FURTHER EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS FOR SERVICE FAILURES THAT ARE DUE TO NORMAL PRODUCT WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION OR YOUR NON-COMPLIANCE WITH ANY AND ALL APPLICABLE FEDERAL, STATE OR LOCAL LAWS. THIS WARRANTY AND WARRANTY DISCLAIMER GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY STATE, PROVINCE, OR COUNTRY. OTHER THAN AS PERMITTED BY LAW, ItronCAM DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR STATE, PROVINCE, OR COUNTRY.

22. No third-party beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms.

23. Limitations of ItronCAM's liability

Under no circumstances will ItronCAM be liable in any way for any Content, including, but not limited to, the loss of Content, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the ItronCAM Services.

ItronCAM's liability for damages, especially for breach of duty or obligation, delay in performance, non-performance, or malperformance shall be precluded, except when these are due to negligent breaches of any significant contractual duty or obligation on the part of ItronCAM. Any liability for negligence is limited to direct losses usually and typically foreseeable in such case. Should the claim for damages be based on a wilful or grossly negligent breach of contractual duty or obligation on the part of ItronCAM, the preclusion and limitation of liability mentioned in the preceding sentences WIll not apply. The preceding preclusion and limitation of liability WILL also not apply to claims for damages arising out of loss of life, bodily injury or health impacts for which ItronCAM may be liable, or for non-contractual liability.

Some states and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Additionally, this provision is not intended to limit ItronCAM's liability in the event of ItronCAM's willful or intentional misconduct. Moreover, if ItronCAM mistakenly or wrongfully overcharges your account, this section does not limit ItronCAM's ability to refund such mistakenly or wrongfully overcharged amounts.

24. General Information

Entire Agreement. These Terms constitute the entire agreement between you and ItronCAM and govern your use of the ItronCAM Services superseding any prior agreements between you and ItronCAM with respect to the ItronCAM Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other ItronCAM Services, affiliate services, third-party content or third-party software.

Choice of Law. These Terms shall be governed by, and construed in accordance with, the laws of users' country, without regard to principles of conflicts of law thereunder.

24.1 Any dispute, controversy or, claim or difference of any kind whatsoever arising out of, relating to or in connection with these Terms, including the existence, validity, interpretation, performance, breach or termination thereof, the validity, scope and enforceability of this arbitration provision and any dispute regarding no-contractual obligations arising out of or relating to it (each, a "Dispute") shall be resolved at the first instance through consultation between the parties to such Dispute. Such consultation shall begin immediately after any party has delivered written notice to the other party(ies) to the Dispute requesting such consultation.

24.2 Any negotiation without results can be appealed to the law, and the result of the litigation will be the final ruling plan.

Waiver and Severability of Terms. The failure of ItronCAM to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of these Terms remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your ItronCAM account is nontransferable and any rights to your ItronCAM ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

The following ItronCAM entity is responsible for delivering the ItronCAM Services depending on where you are using the ItronCAM System

Itronics NZ Ltd All Other International Territories (including but not limited to Europe, Middle East, Africa, Asia Pacific, Australia and New Zealand)

Thus, if you have any questions, complaints, or claims with respect to the ItronCAM Services, you may contact us at:

8A Triton Drive, Albany, Auckland 0632

26. ItronCAM Terms of Service Addendum

If you are a subscriber to a ItronCAM Awareness Service then the below addition ItronCAM Service Terms apply.

PLEASE READ THESE TERMS CAREFULLY AND IN FULL. THEY CONTAIN CERTAIN CONDITIONS AND RESTRICTIONS ON THE AVAILABILITY AND USE OF THE ItronCAM SERVICE YOU ARE ACTIVATING ("ItronCAM Service").

These "ItronCAM Service Terms" supplement the ItronCAM Terms and Conditions ("ItronCAM Terms" or "Terms"), which will otherwise apply in full force and effect, subject to any additional terms set forth herein. In the event of any inconsistency between the ItronCAM Service Terms and the ItronCAM Terms, the terms and provisions of the ItronCAM Service Terms will govern and control.

Activation. To activate your ItronCAM Service, you must affirmatively take certain steps - this activation will not occur automatically. For new ItronCAM users, this will involve creating a ItronCAM account as part of the sign up process. Your use of the ItronCAM Service will be subject to these ItronCAM Service Terms, the ItronCAM Terms, and ItronCAM's Privacy Policy.

Duration. You may cancel your ItronCAM Service or delete your ItronCAM account at any time, upon which you will lose access to the ItronCAM Service and/or ItronCAM account. To take any of these actions, log into your ItronCAM account and follow the prompts on the account page.

Privacy. If your ItronCAM Service utilizes facial recognition, object recognition, and other artificial intelligence capabilities, it may capture digital images, videos, sounds, and use information provided by your ItronCAM system. The ItronCAM Service may automatically compare these captured images and sounds to databases of stored records. By using the ItronCAM Service, you explicitly agree to the collection and analysis of this data by the ItronCAM system. The process is automated and does not involve human intervention. ItronCAM takes privacy and security of users very seriously and will never illegally use or view any user information without their authorization.

Payment. Apple Pay or Google Pay is used as the payment method for the ItronCAM Awareness Service. When you sign up for the service, your payment information will be securely processed by either Apple Pay or Google Pay, ensuring that your payment security and privacy are well covered. These payment methods are considered to be among the safest available. Your subscription fee will automatically be charged to your chosen payment method for each subscription period until you choose to cancel. If you cancel the service at any time, you will receive a pro-rated refund in accordance with the policies of Apple or Google. In the event that ItronCAM changes the monthly or other term subscription fee for the service in the future, we will provide you with advanced notice of the change and the effective date. If you do not cancel, the new price will take effect at the start of the next subscription period following the date of the change. By continuing to use the service after the price change takes effect, you agree to be charged the new amount. Please note that while the subscription fee for the next period may differ after your current subscription period ends, the price will not change during your current subscription period.