Last Updated: Nov. 1, 2018
). BY CLICKING TO INDICATE THAT YOU AGREE TO THESE TERMS, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU
DO NOT AGREE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE YI’S SERVICES OR CONTENT ON YI’S PLATFORM. THESE TERMS
CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE REVIEW SECTION 20.
These Terms are a legal agreement between YI Technologies, Inc.; Xiaoyi Multimedia Israel Ltd.; Xiaoyi India
Technology Private Limited; Yi Technology Germany GmbH; Xiaoyi Japan Co, Ltd.; Ants Technology (HK) Limited
” and “we
”) and you (also referred to as “your
”) that governs the YI Action Camera App,
Yi Dashcam App, and Yi Home App
including all Updates (defined in Section 3 below), related documentation, and
information and content provided by YI through the Yi Action Camera App, Yi Dashcam App, and Yi Home App
”). The Yi Action Camera App, Yi Dashcam App, and Yi Home App are mobile applications
designed to connect a mobile device to a YI Action Camera, YI Dashcam, or Yi Home Camera
”), respectively, in order to control the Camera and to remotely capture and access recorded videos
”). The Apps also allow users the option to share Content on the Yi Community website. If you are
agreeing to these Terms on behalf of a corporate entity, you represent and warrant that you have the legal
authority to bind such corporate entity to the terms and conditions contained in these terms, in which case the
terms “you” and “your” shall refer to such corporate entity. If, after your acceptance of these Terms, YI finds
that you do not have the legal authority to bind such corporate entity, you will be personally responsible for
the obligations contained in these Terms. YI shall not be liable for any loss or damage resulting from YI’s
reliance on any instruction, notice, document or communication reasonably believed by YI to be genuine and
originating from an authorized representative of your corporate entity.
information that YI may collect from your usage of the Apps and/or Cameras.
1. Account Registration.
In order to use the features in the App you will need to register a user account with
”) through the App with credentials that you supply or credentials from a designated third-party
application, such as Facebook. You agree to provide current, complete, and accurate Account information when you
register for an Account, including your geographic region. For users of any of the Apps that are within the
European Economic Area (“EEA”), you agree to designate your region for your account to be Europe. You agree to
keep your log-in information confidential and not authorize any third party to use it or your Account. You agree
that we may attribute all use of your Account to you, and that you are responsible for all activities that occur
under your Account. You agree to notify us immediately at firstname.lastname@example.org.
If you suspect any
unauthorized use of your Account, the App, or any other breach of security. YI reserves the right in its sole
discretion to refuse to keep Accounts for, or provide services to, any individual. YI reserves the right to
suspend or terminate your Account if any information provided during the registration process or at other times
proves to be inaccurate, not current, or incomplete or if YI is notified of improper or illegal activities
involving your Account.
You may use the App and YI’s services only if you have the legal capacity to form a binding
contract with YI under applicable law. By agreeing to these Terms, you represent and warrant that you are (i) 18
years of age or older. Only individuals aged 18 and older are permitted to act as Owners of a YI Account. By
agreeing to these Terms, you represent and warrant that the account will not authorize anyone under the age of
16 to use your YI Camera or YI Account. Any use or access to any of the Cameras, Apps or YI’s services is
strictly prohibited and is a violation of these Terms. YI’s services and products are not available to any users
previously prohibited by YI from using YI’s services and products.
If YI provides updates, supplements, or add-on components to any of the Apps after you download it
(collectively, “Updates”), these Terms will apply to the Updates unless YI provides additional terms along with
the Update (“Additional Terms”), in which case those Additional Terms will apply to the Update. You agree that
YI may automatically check your version of any of the Apps, send Updates to any of the Apps, and require you to
the use the most current version of any of the Apps.
4. Third Party Websites; Additional Products and Services.
Within the Apps you may encounter links or references
to third-party web sites such as Facebook or PayPal (“Linked Sites
”). YI does not control, endorse, or sponsor
any Linked Sites or the information, products, or services contained on any Linked Sites. Linked Sites are
arising from your use of any third-party website or on-line resource.
In addition to a Camera and App, you may need to use or obtain additional products or services in order to use
them, including a mobile device, Internet access, and a data connection. You are responsible for obtaining and
paying for these additional products or services (including for internet access or other data transmission).
5. License to Use of the Apps.
Conditioned on your compliance with these Terms, YI grants you a limited,
personal, non-exclusive and nontransferable license to download, install, and use the Apps for your personal,
non-commercial use on a mobile device owned or otherwise controlled by you solely in connection with your
operation of Camera(s) owned by you or by a third party that has authorized your access to the Camera(s) through
the owner’s use of the Apps.
6. License Restrictions.
The license granted in Section 5 is conditioned on your compliance with the following:
1. You must not attempt to work around, disable, bypass, modify, or defeat any technical limitations in any of
the Apps or to use any of the Apps in an attempt to, or in conjunction with any device, program or service
designed to circumvent any security features or any technical measures employed to control access to, or the
rights in, a content, file or other work; 2. You must not reverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code of
any of the Apps, except and only to the extent that applicable law expressly permits, despite this limitation; 3. You must not download or copy any of the Apps, except as expressly permitted in Section 5; 4. You must not rent, lease, lend, sell, sublicense, assign, distribute, publish, perform, display, broadcast,
transfer, exploit, or otherwise make available any of the Apps or any features or functionality of any of the
Apps to any third party for any reason, including by making any of the Apps available on a network where it is
capable of being accessed by more than one device at any time; 5. You must not modify or make any derivative works of any of the Apps, in whole or in part; 6. You must not remove any proprietary notices or labels on any of the Apps or any copy thereof; 7. You must not use the any of Apps in, or in association with, the operation of any hazardous environments or
systems, including any aircraft navigation or communication systems, air traffic control systems or any other
transport management systems; safety-critical applications, including medical or life-support systems, vehicle
operation applications or any police, fire or other safety response systems; and military or aerospace
applications, weapons systems or environments; 8. You must not to interfere, with the proper functioning of any of the Apps or YI’s services or use it, as a
platform for external applications; to develop applications, services, websites; or any other functionalities
that leverage the any of Apps, YI’s services, or any portion thereof; 9. You must not interfere or tamper with or access or use non-public areas of YI’s service, computer systems, or
the technical delivery systems of YI’s service providers. 10. You must not make any use of any of the Apps or YI’s services in any manner not permitted by these Terms or
the documentation; and 11. You must use the App in compliance with all applicable laws. ATTENTION:
IT IS ILLEGAL IN MANY JURISDICTIONS
TO RECORD AN AUDIO CONVERSATION WITHOUT THE CONSENT OF ALL INDIVIDUALS. YOU MUST COMPLY WITH ALL LAWS WHEN USING
ANY OF THE APPS. YOU ARE RESPONSIBLE FOR RESPECTING OTHER’S PRIVACY RIGHTS.
7. Your Content.
You are solely responsible for all Content that is uploaded, posted, emailed, transmitted,
shared, or otherwise disseminated using, or in connection with, any of the Apps and your Account (“Your
”). YI does not claim ownership of Your Content. You represent and warrant that Your Content does not
infringe the rights, including intellectual property rights, of YI or any third party or violate any agreement
with or policy of YI or any applicable law. You agree not to post, upload, publish, submit, or transmit any
Content that: (i) violates or encourages any conduct that would violate any applicable law or regulation or
would give rise to civil liability, (ii) is fraudulent, false, misleading or deceptive, (iii) is defamatory,
obscene, pornographic, vulgar or offensive, (iv) promotes discrimination, bigotry, racism, hatred, harassment or
harm against any individual or group, (v) promotes, encourages, or engages in terrorism or violence against
people, animals, or property, (vi) promotes, demonstrates or constitutes illegal or harmful activities or
substances, or (vii) promotes, encourages, or engages in child pornography or the exploitation of children. If
YI suspects violations of any of the foregoing, YI may suspend or terminate your Account and may institute legal
action and cooperate with law enforcement authorities in bringing legal proceedings against violators. By making available Your Content by uploading it to the YI Community, you hereby grant to YI a worldwide,
irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use,
copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly
perform, transmit, stream, broadcast, make publicly available and otherwise exploit such Content on and through
third-party distribution channels selected by, but not affiliated with, YI, in any form, medium or technology
now known or later developed, in whole or in part, for any purpose, including for both commercial and
non-commercial purposes subject to any limitations on use of your private Content, if applicable, in the YI
third party distribution channels, which may include viral distribution of your Content.8. Intellectual Property Rights.
You acknowledge and agree that the Apps are provided under license, and not
sold, to you. You do not acquire any ownership interest or other rights to the Apps other than the right to use
the Apps in accordance with the license in Section 5. YI’s services, content and Apps are protected by copyright, trademark, and other laws of the United States and
foreign countries. Except as expressly provided in these Terms, YI and its licensors exclusively own all right,
title, and interest in and to the YI services and content, including all associated intellectual property
rights. You must not remove, alter, or obscure any copyright, trademark, service mark or other proprietary
rights notices incorporated in or accompanying YI’s service or content. All trademarks, service marks, logos,
trade names and any other proprietary designations of YI used herein are trademarks or registered trademarks of
YI. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the
trademarks or registered trademarks of their respective parties;9. App Availability and Support.
YI does not guarantee availability of the Apps or your Account, and your access
is permitted only if and when they are available. Your use of any of the Apps and access to your Account may
occasionally be restricted for service, upgrades, maintenance, or other reasons. To the maximum extent
authorized under applicable law, YI reserves the right to suspend your Account, your use of any of the Apps, and
discontinue your access to Your Content provided or made available to you through the Apps at any time without
notice. You agree that YI may use third-party technologies and service providers in the course of providing YI’s
services to your account.10. Termination.
You may terminate your Account or your use of the App at any time. YI reserves the right to
terminate your Account and these Terms and to suspend or terminate the App or your access thereto at any time if
you fail to comply with any term(s) hereof. Sections 6-17 and 19-21 of these Terms will survive termination.11. DISCLAIMER OF WARRANTIES.
YI’S SERVICES, APPS AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED. EXCEPT FOR THE LIMITED WARRANTY PROVIDED WITH ANY CAMERA YOU MAY PURCHASE, YI
DOES NOT MAKE ANY OTHER AND DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS WITH RESPECT TO YI’S SERVICES, APPS
AND CONTENT, INCLUDING ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS. IN PARTICULAR, YI HEREBY
DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT AND DOES NOT MAKE ANY WARRANTY OR CLAIM THAT
YI’S SERVICES, APPS, OR CONTENT WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, OR SECURE BASIS; WILL
BE ACCURATE, COMPLETE, RELIABLE, OR FUNCTION PROPERLY; MEET YOUR REQUIREMENTS; BE ERROR FREE OR FREE FROM
VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS; PROVIDE SAFETY, PRIVACY, OR SECURITY; OR PREVENT OR
MINIMIZE THEFT, PROPERTY DAMAGE, OR INJURY.12. DISCLAIMER OF CERTAIN DAMAGES.
IN NO EVENT WILL YI BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY,
PUNITIVE, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES TO OR FOR LOSS OF DATA OR PRIVACY, REVENUE, PROFITS, OR
PROPERTY (INCLUDING BUILDINGS, WIRING, FIXTURES, DEVICES, COMPUTERS, PERIPHERALS, AND ANIMALS) OR FOR INJURY OR
DEATH, ARISING FROM OR RELATING TO THESE TERMS, YOUR ACCOUNT, OR THE APPS.13. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE
EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTION 12, YI’S MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR
EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS
AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THESE TERMS, YOUR
ACCOUNT, OR THE APPS WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE FIRST CAMERA THAT YOU CONNECTED TO ANY OF THE
APPS.14. IMPORTANT CONSUMER NOTICE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE LIMITATIONS SUCH AS THE LIMITATION
OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO
DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN SECTIONS 11, 12, OR 13 WILL BE
INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED. IF YOU LIVE OR ARE OTHERWISE
SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED
LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF ANY LIMITATION IS NOT PERMITTED, THE
EXCLUSIONS IN SECTION 11, 12, OR 13 MAY NOT APPLY TO YOU.15. Independent Remedies.
The disclaimer and limitation of warranties and the exclusion of damages under
Sections 11 and 12 are independent of your exclusive remedies in these Terms and the disclaimer and limitations
of warranties and exclusion of damages survive even if the exclusive remedies fail of their essential purpose or
otherwise are deemed unenforceable. Each of the limitations in Sections 11 and 12 apply without regard to
whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort,
including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the
extent the exclusions and limitations are not prohibited by applicable law.16. Indemnity.
You agree to defend, indemnify, and hold YI, its directors, officers, employees, agents,
partners, suppliers, and licensors harmless and will keep them indemnified from any claim or demand, including
reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) Your Content, your use of
any of the Apps, and activities occurring under your Account; (b) any violation of these Terms; or (c) your
violation of any other party’s rights or applicable law. YI reserves the right to assume, at its sole expense,
the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully
cooperate with YI in asserting any available defenses.17. Notices.
YI may give you all required notices (including legal process) by any lawful method, including by
posting notices on the Apps or by sending it to any email address that you provide to YI. You agree to send YI
notices by emailing them to: email@example.com. Modifications to these Terms.
YI reserves the right to change these Terms at any time upon notice to you.
You agree to periodically review these Terms for changes and you can review the most current Terms at any time
at www.yitechnology.com. Updated Terms are binding on you as of the effective date indicated in our notice. If,
at any time, you do not agree to the Terms, you must cancel your Account and stop using the Apps.19. Governing Law.
These Terms are governed by the laws of the State of California, without reference to its
conflict of law’s provisions. The United Nations Convention on Contracts for the International Sale of Goods
will not apply in any way to these Terms or to the transactions contemplated by these Terms.20. AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER; AND LOCATION OF DISPUTE RESOLUTION.
You and YI each agree that
all claims, controversies, and disputes between You and YI, including those arising out of or related to any of
the Apps, your Account, or these Terms (each a “Dispute
” and collectively the “Disputes
”), will be resolved by
binding arbitration by a single neutral arbitrator, provided, however, you and YI are not precluded from
asserting in small claims court any Dispute that is eligible to be brought in small claims court. BY AGREEING,
YOU ACKNOWLEDGE THAT YOU AND YI ARE EACH AGREEING TO FOREGO THE ABILITY TO PURSUE DISPUTES IN COURT, OTHER THAN
SMALL CLAIMS COURT, INCLUDING THE ABILITY TO HAVE A JURY DECIDE DISPUTES. Unless You and YI otherwise agree,
JAMS will arbitrate all disputes and JAMS rules will apply. You and YI each agree to only pursue Disputes on an
individual basis and will not pursue Disputes, whether in arbitration or otherwise, on a class, consolidated, or
representative basis, regardless of the application of procedural rules. BY AGREEING, YOU ACKNOWLEDGE THAT YOU
AND YI ARE EACH AGREEING TO FOREGO THE ABILITY TO PROCEED IN CLASS ACTIONS, CONSOLIDATED ACTIONS, OR
REPRESENTATIVE ACTIONS, EITHER AS A REPRESENTATIVE OF OR MEMBER OF A CLASS. Notwithstanding any JAMS rule to the
contrary, or any other provision in arbitration rules chosen by agreement to govern the arbitration, You and YI
each agree that any challenges to the validity or enforceability of the class action waiver in this Section will
be decided by and you consent to personal jurisdiction under the Northern District of California federal courts,
and not by an arbitrator. If any court or arbitrator holds that the class action waiver in this Section is
unenforceable, then the Dispute must be brought in a California state court in Santa Clara County or federal
court in the Northern District of California, and not in arbitration. You and YI each agree that the location of
the arbitration where the Dispute will be resolved will be Santa Clara County. You agree to submit to the
personal jurisdiction of the courts of the Northern District of California and the California state courts in
Santa Clara County. You and YI each also agree that for arbitrated Disputes, the arbitrator’s award will be
final and binding and may be entered as a judgment in any court of competent jurisdiction. An arbitrator may
award, on an individual basis, any relief authorized by law, including injunctive or declaratory relief and
reasonable attorneys' fees. You and YI each are responsible for your or its respective costs relating to the
arbitration, except that YI will pay all arbitration administrative or filing fees, including the arbitrator
fees (other than arbitrator fees up to the amount of the then-applicable fee for filing a civil action in
federal court in the judicial district where you live in any Dispute where You assert a claim against YI, unless
You demonstrate to the arbitrator that You would be entitled to file that civil action in federal court without
payment of the then-applicable fee). To begin arbitration, you must send a letter requesting arbitration and
describing your Dispute to the contact listed for YI in Section 17. You may opt-out of the agreement to
arbitrate in this Section by mailing YI written notice of your election to opt-out at 1450 114th Ave SE, Suite
225, Bellevue, WA 98004 within 30 days of your first use of any of the Cameras, YI Account, or any of the Apps
(whichever is earlier), expressly indicating that You are opting out of the agreement to arbitrate in this
Section and including your name and address, provided that the election will not be effective until it is
received by YI. Your election to opt-out of the agreement to arbitrate in this Section will not otherwise affect
your rights and obligations under these Terms. You and YI each also agree that these Terms affect interstate
commerce, so the Federal Arbitration Act, not state law, applies including with respect to any question of
whether a Dispute is subject to arbitration (despite the choice of governing law in Section 19). The terms of these arbitration provisions will also apply to any claims asserted by you against any present or
future parent or affiliated company of YI relating to your use of YI products.21. General.
If any provision of these Terms is determined by a court of competent jurisdiction to be illegal,
invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. You and
YI intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law.
Accordingly, you and YI agree that if any provision is deemed unenforceable, where possible, it will be modified
to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for
convenience and have no legal or contractual significance. Any list of examples following "including" or "e.g.,"
is illustrative and not exhaustive, unless qualified by terms like "only" or "solely. YI may assign these Terms,
in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense
your rights, if any, in your Account, to any of the Apps, or under these Terms. If, at any time, YI fails to
respond to a breach of these Terms by you or others, that failure will not waive YI’s right to act with respect
to subsequent or similar breaches. A waiver will only be binding on YI if it is in writing and signed by YI.
These Terms (including Additional Terms and any incorporated terms or policies) constitute the entire agreement
between you and YI with respect to your Account and the Apps. Both you and YI warrant to each other that, in
entering these Terms, neither YI nor you have relied on or will have any right or remedy based upon any
statement, representation, warranty, or assurance other than those expressly stated in these Terms. The
preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable
law. No one other than you and YI, or YI’s successors and permitted assigns, will have any right to enforce any
of these Terms.
The failure of YI to enforce any right or provision of these Terms will not constitute a waiver of future
enforcement of that right or provision. The waiver of any such right or provision will be effective only if in
writing and signed by a duly authorized representative of YI.
For questions or support, you can contact YI at firstname.lastname@example.org.