AVILINK
Polityka prywatno�ci i warunki u�ytkowania - Privacy policy & Terms of service


AVILINK PRIVACY POLICY


Last Updated: October 2018


This Privacy Policy explains how AVILINK ("Avilink", �we�, �our�, �us�) as data controller handles personal information about you that we collect when you use services provided by AVILINK over the Internet, PC applications and mobile applications, including P2P Services (collectively, �AVILINK Services�). This Privacy Policy also applies to any personal data we collect from the operation and use of products we sell while connected to AVILINK Services (the �Products�), and any other AVILINK Services that link to this Privacy Policy.
You will need to register an account via website, PC applications or one mobile application to access AVILINK Services. For the purposes of seeking to provide you with a better experience, to improve AVILINK Services or otherwise where you have consented, with such account without new registration, you may access to other services provided by AVILINK�s Affiliates over Internet and/or PC/mobile applications. You may also from time to time ask us to migrate or export your personal information contained in one service to another services, where such migration option is available. For the purpose of this Privacy Policy, Affiliate� means any entities which, directly or indirectly, are in control of, are controlled by, or is under common control with AVILINK.
This Privacy Policy applies to AVILINK Services, but any applicable privacy policy may apply to specific services provided by AVILINK�s Affiliate, You are advised to read this Privacy Policy and any specific policy for your interest before using the services.
We may modify this Privacy Policy at any time, provided certain provisions of this Privacy Policy prove to be incomplete or outdated and further provided that these changes are reasonable for you, taking into account your interests. If we make material changes to this Privacy Policy, we will notify you by the email address specified in your account or by means of notice on the websites or apps of any such changes. You can determine when this Privacy Policy was last revised by referring to the date it was �Last Updated� above.


1. What Information We Collect
In order to provide AVILINK Services to you, we will ask you to provide personal information that is necessary to provide those services to you. If you do not provide your personal information, we may not be able to provide you with our products or services.
�Personal information� shall have the same meaning as �personal data� and shall include any information relating to an identified or identifiable natural person ('data subject'); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity. Examples of personal information include your name, telephone number, email address, physical address, and payment information.
Personal information also includes information that alone cannot directly identify you, but with other information we have access to can identify you, such as product serial numbers, log data that automatically records information about your visit, such as your browser type, domains, page views, the URL of the page that referred you, the URL of the page you next visit, your IP address, and page navigation, unique device ID collected from Products and your mobile devices, data from cookies, pixel tags, and web beacons, the country and time zone of the connected Product, geo-location, mobile phone carrier identification, and device software platform and firmware information.


2. How We Collect and Use Your Information
Here are some examples of the personal information we may collect and how we may use it:
When you create your account to use AVILINK Services (�Account�), we will collect information including your name, phone number and email address. In addition, when you install and activate Products, we will collect certain basic information via AVILINK Services, such as your product name, the product�s verification code, and serial number, which are unique to the Product connected to AVILINK Services and associated with your Account.

When you subscribe to online data storage services, we will collect your payment information, such as a credit card number, account security code, and any other information necessary to complete the transaction and further facilitate and fulfill your subscription of storage services. Your personal information will be saved as your user profile in your Account, including payment information for recurring charges.

When you save and share content through AVILINK Services, like video clips, live video streams, images, captions, and comments (�Your Content�), for other individuals to access, we will collect information to allow you to save and share Your Content, such as your email address and email address of the person you elect to share your content with.

Through AVILINK Services, you may be able to invite other people such as friends or family to use AVILINK Services and download our mobile app. We collect that person's email address to automatically send an email invitation on your behalf. We collect this information to send this email, to register your friend or family member if your invitation is accepted, and to track the success of our invitation services. In order to refer a friend, you must first obtain the consent from the person being referred to provide information on their behalf and inform them that they will be receiving a communication from AVILINK.

When you connect or link to AVILINK Services via social networking sites, including by sharing Your Content with friends via your social networking account, such as Facebook, we collect your profile information from your social networking account. For information on what information is shared with us, please review the privacy settings in your social media account or the permission screen presented at the time of connection.

When you respond to our e-mails, contact our customer service, or use other customer support tools, we collect your information to provide you with support, verify your identity with your Account profile information, and confirm your Product. When you access AVILINK Services, we will collect information to provide you with a more relevant experience, to prevent misuse, and to ensure that AVILINK Services are working properly. We may also record adjustments you make to our Products through AVILINK Services. We store this information along with data collected directly by your Product. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings.

When you save and share Your Content through AVILINK Services for other individuals to access, we will collect information to allow you to save and share Your Content. AVILINK Services may also contain links to other websites operated by third parties and may include social media features such as Facebook and Twitter buttons (such as �Like,� �Tweet� or �Pin�). We record your interaction with these links.

When you use the Product�s recording or streaming features, we may record and process video and/or audio content from the Product. This may include capturing and emailing to you portions of this data as part of a notification or analyzing the data to identify motion or other events. We may process information from your Product so that we can send you alerts when something happens. In addition, if you have the recording features enabled, we will capture, process and retain video and audio data recordings from your device for the duration of your recording subscription period.

We may also use the information we collect for the following purpose:
send you reminders, technical notices, updates, alerts, support and administrative messages, service bulletins, and requested information; and pursuant to our legitimate business interests:

operate, maintain, improve, and develop AVILINK Services and Products;

personalize your experience with AVILINK Services and Products;

increase the safety of AVILINK Services and Products � for example, for user authentication, security protection, fraud detection, filing, and backups;

perform analytics and conduct customer research; communicate and provide to existing customers additional information that may be of interest to you about our products and services;

manage our everyday business needs, such as auditing, administration of AVILINK Services, forum management, fulfillment, analytics, fraud prevention, and enforcement of our corporate reporting obligations and Terms of Service; enhance other information we have about you to help us better understand you and determine your interests; and in the context of a corporate transaction (e.g., corporate restructuring, sale or assignment of assets, merger) and to protect our rights or property, to enforce our Terms of Service and legal notices and for the establishment, exercise and defense of legal claims; with your express consent to send you electronic communications in order to inform you about new products and services, unless you choose to unsubscribe; use certain non-essential cookies to better understand user behavior, in order to optimize user experience, perfect function design and offers for products and services from us or to provide better services; meet a legal obligation, a court order or other binding decision(s); and accomplish a purpose unrelated to those described in this Privacy Policy by first notifying you and, where required, offering you a choice as to whether or not we may use your Personal Information in this different manner.


3. Cookies and Other Technologies
We also use cookies, web beacons, pixel tags, and other technologies to keep records, store your preferences, improve our advertising, and collect information such as log data and device data. This allows us to better understand how you use AVILINK Services and Products, diagnose and troubleshoot any problems you�re having, and otherwise administer and improve AVILINK Services and Products. For more information about cookies, please refer to our Use of Cookies. We may also engage one or more third party service providers to serve online advertisements on our behalf via AVILINK Services. They may use a pixel tag or other similar technology to collect information about your visits to sites, and they may use that information to target advertisements for our Products and AVILINK Services. For more information regarding this practice and to opt-out of such collection and use of this information by our third party service providers, please see networkadvertising.org


4. How We Share Your Information
AVILINK may disclose personal information to cloud service provider, network service provider and other service providers on the basis of non-disclosure agreements. The following are the limited situations where we may share personal information: We share your personal information with AVILINK affiliates, who are required to use that information in accordance with the purposes described in this Privacy Policy. We use service providers, vendors, technicians and other third-parties to help us process, store, and protect some of your data and otherwise help us administer our Products and AVILINK Services effectively, provide a better user experience, process your purchases, and increase the quality of our Products and AVILINK Services. These third-parties are forbidden from using your personal information for non-AVILINK purposes and are required to protect your information in accordance with this Privacy Policy and applicable laws. We may provide information to third-parties if we believe in good faith that we are required by mandatory law to do so. For example, to comply with legal orders and government requests; response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts; to protect the interests of our customers and users of AVILINK Service; to respond to claims that any content posted or displayed using AVILINK Service violates the rights of third parties; in an emergency protect the health and safety of users of AVILINK Service or the general public; or to enforce compliance with our Terms of Service. If AVILINK and/or all or part of our assets are ever sold or transferred, your personal information may be among the items sold or transferred. Under such circumstance, we will notify you by the email address specified in your account or by means of notice on website of (i) the identity and contact information of the purchaser or transferee, (ii) your right to revoke your consent to the provision of personal information, and (iii) the means by which you may revoke such consent. We share information to protect our own legitimate business interests when we believe in good faith that we are required or permitted by law to do so. For example, we may share your personal information as needed to support auditing, compliance, and corporate governance functions; to combat fraud or criminal activity; to protect our rights or those of our affiliates and users; or as part of legal proceedings affecting AVILINK. We may also disclose non-personal information (for example, aggregated or anonymized data) publicly or with third-parties, provided those data have been rendered anonymous in such a way that the data subject is no longer identifiable. For example, we may share non-personal information: for the same reasons we might share Personal information; to better understand how our customers interact with AVILINK Services and Products, in order to optimize your experience, improve our products, or provide better services; for our own research and data analytics; or to our vendors for their own analysis and research.


5. Securing Your Personal Information
AVILINK has implemented commercially reasonable administrative, technical, and physical security controls that are designed to safeguard personal information. We also conduct periodic reviews and assessments of the effectiveness of our security controls. Notwithstanding the above, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, AVILINK cannot guarantee that your personal information is under absolute security with the existing security technology. If you have any questions about the security of AVILINK Services, you can contact us. Contact details at www.avilink.pl 6. Accessing, Correcting and Retention Your Personal Information AVILINK generally stores your personal information on AVILINK�s servers which is established upon Amazon Servers until you delete or edit it, or for as long as you remain a AVILINK customer in order to provide you with the most relevant offers. Keeping your personal information current helps ensure that we provide you with the most relevant offers. You can access, update or delete your personal information via your Account profile. We are ready to assist you in managing your subscriptions, deactivating your account, and removing your active profile and data. Your personal information might not be immediately deleted, as we are required to retain records relating to previous purchases through AVILINK Services for financial reporting and compliance reasons pursuant to applicable laws. In addition, because of the way we maintain certain services, after you delete certain information, we may temporarily retain backup copies of such information before it is permanently deleted. We will retain your personal information for the period necessary to fulfill the purpose outlined in this Privacy Policy unless a longer retention period is required or permitted by applicable law. If you are located in the European Union, subject to limitations in applicable law, you have certain rights in respect to your personal information, such as a right of access, rectification, restriction, opposition, and portability. In order to exercise your rights please contact us at the contact information below. You also have the right to withdraw your consent at all times, free of charge. You can do this by opting out from direct marketing and by rejecting the use of cookies through your browser settings. If you have concerns about how we handle your personal information, you have the right to lodge a complaint with the data protection authority in your country of residence.


7. Social Community Features and Social Networks
Social Community Features AVILINK Services may allow you to publicly post or share information, communicate with others, or otherwise make information accessible to others. Prior to doing so, please read our Terms of Service carefully. All the information you post, share, or communicate may be accessible to anyone with Internet access, and any personal information you include may be read, collected, and used by others. Social Networks You have the option to link social networks, such as Facebook, to your Account. You will be able to post AVILINK activity to your social network. By proceeding through any of the above steps, you grant AVILINK permission to access elements of your social network profile information that you have made available to be shared and to use it in accordance with the social network�s terms of use and this Privacy Policy. Links to other websites We may permit others to link to AVILINK services or to post a link to their website. We do not endorse these websites and are not responsible for other websites or their privacy practices. Please read their privacy policies before submitting information.


8. Your Choices
We think that you benefit from a more personalized experience when we know more about you and your preferences. However, you can limit the information you provide to AVILINK as well as the communications you receive from AVILINK through your Account preferences. Commercial E-mails You will only receive commercial e-mails from us if you have granted prior express consent or if sending those e-mails is otherwise permitted, in accordance with applicable laws. You may choose not to receive commercial e-mails from us by following the instructions contained in any of the commercial e-mails we send or by logging into your Account and adjusting your e-mail preferences. Please note that even if you unsubscribe from commercial email messages, we may still e-mail you non-commercial e-mails related to your Account and your transactions on AVILINK Services. Device Data You may manage how your mobile device and mobile browser share certain device data with AVILINK by adjusting the privacy and security settings on your mobile device. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.


9. Children�s Privacy
AVILINK does not intend that any portion of its AVILINK Services will be accessed or used by children under the age of 18, or equivalent minimum age in the relevant jurisdiction and such use is prohibited. AVILINK Services are designed and intended for adults. By using AVILINK Services, you represent that you are at least 18 years old, or above the equivalent minimum age in the relevant jurisdiction and understand that you must be at least 18 years old, or above the equivalent minimum age in the relevant jurisdiction in order to create an account and purchase the goods or services advertised through AVILINK Services. If we obtain actual knowledge that an account is associated with a registered user who is under the age of 18 years old, or equivalent minimum age in the relevant jurisdiction, we will promptly delete information associated with that account. If you are a parent or guardian of a child under the age of 18, or equivalent minimum age in the relevant jurisdiction and believe he or she has disclosed personal information to us please contact us (contact details at www.avilink.pl). A parent or guardian of a child under the age of 18, or equivalent minimum age in the relevant jurisdiction may review and request deletion of such child�s personal information as well as prohibit the use thereof.


10. Global Operations
We transfer and process your information globally both in our own facilities and with service providers, or partners, regardless of where you use our Services. The laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country. In the European Union (EU), we will store and keep Your Content inside the EU in encrypted form including when we utilize a third party for storage. In exceptional circumstances AVILINK in the US and China may have access to this content in order to provide product support services. Your registration data will be collected and used or stored by AVILINK, currently in the U.S., Singapore, Brazil and Ireland. AVILINK put in place contractual protections, approved by the European Commission, to secure your information. A copy of those contracts can be obtained by contacting us at the address below


11. Contact Us
Please contact us if you have any questions or comments about our privacy practices or this Privacy Policy. Contact details at www.avilink.pl. Please provide: (i) your name (or nickname) and preferred method of contact; and (ii) the details of your request or comment along with any corresponding website links. AVILINK.pl


AVILINK TERMS OF SERVICE


Updated date: October 2018

These terms of service (�Terms of Service�) contain the terms under which you use services that AVILINK ("AVILINK"�we�, �our�, �us�) provides over the Internet, PC Application and mobile application, including P2P Services (collectively, �AVILINK Services�). AVILINK Services are provided for use in conjunction with various AVILINK Internet-connected devices (�Products�). You will need to register an account via website, PC application or one mobile application to access AVILINK Services. For the purposes of seeking to provide you with a better experience, to improve AVILINK Services or otherwise where you have consented, with such account without new registration, you may access to other services provided by AVILINK�s Affiliates over Internet and/or mobile applications. For the purpose of these Terms of Service, Affiliate� means any entities which, directly or indirectly, are in control of, are controlled by, or is under common control with AVILINK. These Terms of Service apply to AVILINK Services, but any service-specific terms of service (�Additional Terms�) may apply to some services provided by AVILINK�s Affiliates. By using AVILINK Services, you agree to accept and be bound by these Terms. If you do not accept these Terms, please do not use any of AVILINK Services. These Terms also govern your access to and use of AVILINK Services, including through the Products or Services provided by AVILINK�s Affiliates. PLEASE READ THESE TERMS CAREFULLY. If you do not agree with these Terms, do not register or use any AVILINK Services.


1. No Life-Safety or Critical Uses of AVILINK Services
You acknowledge and agree that AVILINK Services and Products are not certified for emergency response. AVILINK makes no warranty or representation that use of AVILINK Services or Products with any third-party�s products or services will affect or increase any level of safety or security. AVILINK Services and Products are not a third-party monitored emergency notification system -- AVILINK will not dispatch emergency authorities to the monitored place in the event of an emergency. All life threatening and emergency events should be directed to appropriate response services. 2. Electronic Contracting and Messaging By using AVILINK Services, registering the Products, creating an online account for AVILINK Services (�Account�), or engaging in any transactions via AVILINK Services, you agree to accept and be bound by these Terms and our Privacy Policy. You agree that when you use your login credentials or click on any �I Agree� button when using AVILINK Services, you affirmatively consent to conduct business electronically with AVILINK, and such credentials and processes have the same force and effect with your written signature. You agree and consent to AVILINK sending you disclosures, messages, notices, and other communications, including direct marketing text messages, to your designated mobile phone and email account.


3. These Terms May Change
AVILINK reserves the right to make changes to these Terms provided certain provisions of these Terms prove to be incomplete or outdated and further provided that these changes are reasonable for you, taking into account your interests. If we make any changes to these Terms, we will notify you by the email address specified in your Account or by means of notice on the website of any such changes which will become effective immediately upon the release. Continued use of AVILINK Services following this notice will indicate your acknowledgment and agreement to be bound by the revised Terms.


4. Relationship to Product Warranty
These Terms govern your use of AVILINK Services. Your purchase of any Product is governed by the limited warranty provided with that Product.


5. Eligibility
You are prohibited from registering a Product for use with AVILINK Services or from using AVILINK Services unless you are 18 years of age or older, if individual, or, have obtained the authorization, if company. You may not use AVILINK Services where prohibited by applicable law. We also do not knowingly collect any information from children under the age of 18, or equivalent minimum age in the relevant jurisdiction. If you are not 18 years of age or older, you must have your parent or legal guardian register a Product or create an Account to use AVILINK Services. Please contact us (contact details at www.avilink.pl) if you believe your child has provided us with personal information in connection with AVILINK Services.


6. Creating an Account
To use your Product via AVILINK Services, you are required to create an Account. You represent and warrant that: (i) all required registration information you submit is truthful, accurate and complete; (ii) you will maintain the accuracy, security, and confidentiality of such information; and (iii) your use of AVILINK Services does not violate any applicable law or regulation. You have no right to transfer your Account to any other individuals in any manner. AVILINK is not liable for any loss or damages arising from your failure to maintain the confidentiality of your Account.


7. System and Equipment Requirements
Use of certain Products or discrete functionality may require Internet access and registration to AVILINK Services. You must have the necessary hardware, software, and Internet access needed to register and use the Product with AVILINK Services. AVILINK Services will not be accessible without: (i) a working network that is positioned to communicate reliably with our Products; (ii) a PC device or a mobile device with Android OS or Apple iOS to pair the Products; (iii) an Account; (iv) always-on broadband Internet access; and (v) other system elements that may be specified by AVILINK Services in connection with the specific Product. In addition, you acknowledge that AVILINK Services may activate Bluetooth or Wi-Fi services on your device, with or without prior notification, in order to facilitate proper registration of the Product, and connectivity and registration to AVILINK Services.


8. Changes to AVILINK Services
AVILINK may change, upgrade, discontinue, or temporarily suspend any feature or component of AVILINK Services at any time without notice. AVILINK cannot guarantee and makes no warranties that any software updates can be implemented on any Product or that changes to AVILINK Services will operate as intended. You acknowledge that you may be required to install software updates to use AVILINK Services with your Product, and you agree to promptly install such updates we provide. You are solely liable for any losses arising from a failure to timely implement such updates.


9. Term and Termination
These Terms will remain in full force and effect as long as you continue to access or use AVILINK Services. If you transfer a Product to a new owner, your right to use AVILINK Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or AVILINK Services under your Account. You may cancel your Account at any time by contact with us (contact details at www.avilink.pl ).


10. License
Subject to your compliance with these Terms, AVILINK grants you a revocable, limited, non-exclusive, non-transferable, non-sub-licensable license to install and use (a) our mobile applications (�Mobile Apps�), and (b) any embedded firmware in the Product and updates (�Other Software�), in each case solely in connection with your personal, non-commercial use of the Product and AVILINK Services. You may only use the Mobile Apps on devices that you own, lease, or otherwise control. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by AVILINK or its licensors.


11. License Restrictions
Unless as expressly permitted in these Terms, you agree not to, and you will not permit others to, (i) license, sublicense, assign, convey or transfer, the rights and licenses granted hereunder; (ii) publish, display, disclose, sell, rent, lease, store, loan, distribute, transmit, publicly display or perform, co-brand, frame, host, outsource, or otherwise commercially exploit AVILINK Services, including the Mobile Apps and Other Software (collectively, the �Software�), (iii) copy or reproduce AVILINK Services or Software or any part thereof, in any form; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or AVILINK Services; (v) use the Software and AVILINK Services in any fashion that may infringe any patent, copyright, trademark, trade secret, or any other intellectual property or proprietary right of AVILINK, its third-party providers, or any other third party; (vi) modify, translate, adapt, disassemble, reverse engineer decompile, reverse compile, or create compilations or derivative works of, the Software, AVILINK Services, or any part thereof (except to the extent applicable laws specifically prohibit such restriction), or (vii) use the Software or the Service for any service bureau, time-sharing, resale or similar purposes. AVILINK reserves all rights and licenses in and to the Software not expressly granted to you under these Terms.


12. Open Source
Certain items of software included with the Products are subject to �open source� or �free software� licenses (�Open Source Software�). Some of the Open Source Software is owned by third parties. Each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, AVILINK makes such Open Source Software, and AVILINK modifications to that Open Source Software, available by written request to AVILINK (contact details at www.avilink.pl )


By downloading/requesting the source code to any of the Open Source Software ("Source Code"), you agree to the following:
AVILINK PROVIDES THE SOURCE CODE TO YOU ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOURCE CODE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AVILINK AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AVILINK AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SOURCE CODE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.


13. Access to AVILINK Services
You may only access and use AVILINK Services solely for the purpose of (a) operating, managing, monitoring, and maintaining the Products, (b) managing your Account and preferences, and maintain your registration data. When using AVILINK Services, you shall not: disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to, AVILINK Services or any computer network; circumvent any technological measure implemented by AVILINK or any providers or any other third party (including another user of AVILINK Services) to protect AVILINK Services; upload, transmit, distribute, or run any computer virus, worm, Trojan horse, or any computer code that could damage or alter a computer, portable device, computer network, communication network, data, AVILINK Services, or any other system, device or property; run Maillist, Listserv, or any form of auto-responder or �spam� on AVILINK Services; attempt, in any manner, to obtain the password, account, credentials, or other security information from any other user; or jeopardize the security of your Account or anyone else�s account (for example, by allowing another individual to login into AVILINK Services as you).


14. Limitations of AVILINK Services
AVILINK Services is intended to be accessed and used for non-time-critical information and control of Products. While we strive for AVILINK Services to be highly reliable and available, it is not intended to be reliable or available 100% of the time. AVILINK Services is subject to sporadic interruptions and failures for a variety of reasons beyond our control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that AVILINK is not responsible for any damages allegedly caused by the failure or delay of AVILINK Services to reflect current status of the Product, notifications, or timing of your video content. AVILINK Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, updates, adjustments, or other circumstances. You acknowledge and agree that you will not be entitled to any refund or rebate for any such suspension. AVILINK does not offer any specific uptime guarantee for AVILINK Services. AVILINK is not liable for any losses arising from a suspension of AVILINK Services. All information concerning AVILINK Services and use of the Product with AVILINK Services is provided �as is� and �as available�. AVILINK does not guarantee that this information is correct or up to date. Accessing the information through AVILINK Services is not a substitute for direct access to the information in or on the Product itself. Although AVILINK cares about the security, integrity, and availability of your video content and personal information, we cannot guarantee the security of your personal information. You acknowledge that you provide your video content and your personal information at your own risk.


15. Limitations of AVILINK Services Due to Reliance on Third Parties
AVILINK Services relies on certain third-party products and services. For example, some aspects of AVILINK Services� such as data storage, synchronization, and communication � are enabled by Amazon Web AVILINK Services or other providers. As another example, we rely on mobile operating system vendors and mobile carriers to enable mobile device notifications through AVILINK Services. These third-party�s products and services are beyond our control, and their operation may not operate in a reliable manner or be available 100 % of the time. AVILINK is not responsible for any damages and losses due to the operation of these third-party�s products and services. You further acknowledge that you are responsible for all fees charged by your ISP and carrier in connection with your access to and use of AVILINK Services and access to your Products. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and carrier. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third-party Web services from which you download the Mobile Apps � for example, the Android app market from Google or the App Store from Apple (each an �App Store�). You acknowledge that these Terms are between you and AVILINK and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from that App Store. You agree to comply with, and your license to use the Mobile Apps, is conditioned upon your compliance and agreement with such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.


16. Release Regarding Third Parties
AVILINK is not responsible for third parties or their products and services, including, without limitation, any third-party�s products and services that enable AVILINK Services, equipment, ISPs, carriers, the App Stores and among others. AVILINK HEREBY DISCLAIMS AND YOU HEREBY DISCHARGE, WAIVE AND RELEASE AVILINK AND ITS LICENSORS AND SUPPLIERS FROM ANY PAST, PRESENT, AND FUTURE CLAIMS, LIABILITIES, AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO YOUR INTERACTIONS WITH SUCH THIRD PARTIES AND THEIR PRODUCTS AND SERVICES.


17. Indemnity
You agree to defend, indemnify, and hold AVILINK, its directors, officers, employees, shareholders, affiliates, contractors, agents, licensors, and suppliers harmless from any damages, liabilities, claims, demands, losses, or expenses, including attorneys� fees, made by any third party due to or arising out of or in connection with (i) your use of AVILINK Services and Product; (ii) your violation of these Terms; (iii) your violation of any law or the rights of any third party. AVILINK will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.


18. WARRANTY DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVILINK SERVICES (I.E. THE WEBSITE, THE MOBILE APPS AND SOFTWARE) ARE PROVIDED FOR YOUR CONVENIENCE, �AS IS�, AND �AS AVAILABLE� WITH ALL FAULTS AND ERRORS, AND AVILINK AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AVAILABILITY, DATA SECURITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

AVILINK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SOFTWARE OR SERVICE PROVIDED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH AVILINK SERVICES (INCLUDING, BUT NOT LIMITED TO, CLOUD SERVICES) OR ANY HYPERLINKED WEBSITE OR SERVICE. AVILINK MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH AVILINK SERVICES, AND AVILINK WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH AVILINK SERVICES. AVILINK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH AVILINK SERVICES.

YOU ACKNOWLEDGE THAT THE USE OF AVILINK SERVICES SHALL BE CONNECTED WITH THE INTERNET, AND USE SHALL BE WHOLLY AT YOUR OWN RISK. AVILINK DOES NOT REPRESENT OR GUARANTEE THAT AVILINK SERVICES WILL BE FREE FROM LOSS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND AVILINK DISCLAIMS ANY LIABILITY RELATING THERETO. SURVEILLANCE, DATA PROTECTION, AND PRIVACY LAWS VARY BY JURISDICTION AND MAY IMPOSE CERTAIN RESPONSIBILITIES ON YOUR USE OF AVILINK SERVICES. YOU ACKNOWLEDGE AND AGREE

THAT YOU (AND NOT AVILINK) WILL BE RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH APPLICABLE LAWS WHERE YOU LIVE AND THAT AVILINK SHALL NOT BE LIABLE IN THE EVENT THAT AVILINK SERVICES IS USED FOR ILLEGAL PURPOSES, INCLUDING, WITHOUT LIMITATION: NON-CIVIL USE; RECORDING OR SHARING VIDEO OR AUDIO CONTENT THAT IS NOT IN CONFORMANCE WITH APPLICABLE LAW; FAILURE TO COMPLY WITH NOTICE AND CONSENT LAWS; INFRINGEMENT OF THIRD-PARTY RIGHTS; USE IN CONNECTION WITH MEDICAL TREATMENT, OR OTHER SITUATIONS WHERE AVILINK SERVICES FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY.


19. LIMITATIONS ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AVILINK, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA OR CONTENT, DOCUMENTATION, OR PROFITS, SERVICE INTERRUPTION, COMPUTER DAMAGE, COST OF SUBSTITUTE SERVICES, INABILITY TO USE AVILINK SERVICES, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY AVILINK SERVICES OR BY FAILURES OF AVILINK SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AVILINK KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AVILINK�S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO AVILINK SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE FEES ACTUALLY PAID BY YOU TO AVILINK OR AVILINK�S AUTHORIZED RESELLER FOR AVILINK SERVICES IN THE PRIOR 6 MONTHS (IF ANY) IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. AVILINK DISCLAIMS ALL LIABILITY OF ANY KIND OF AVILINK�S LICENSORS AND SUPPLIERS. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AVILINK AND YOU.


20. Dispute Resolution
You agree that these Terms and any claim, dispute, action, cause of action, issue or request for relief between you and AVILINK arising out of or relating to these Terms or AVILINK Services (collectively, �Disputes�) will be governed by and construed in accordance with the laws of the People�s Republic of China, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. If a Dispute arises between you and AVILINK, our goal is to learn about and address your concerns. You agree that you will notify AVILINK about any Dispute you have with AVILINK regarding these Terms or our Products or AVILINK Services by contacting AVILINK (contact details at www.avilink.pl ). We�ll try to resolve the Dispute informally by contacting you through email. If a Dispute is not resolved within 90 (ninety) days after submission, you or AVILINK may bring a formal proceeding.


21. Binding Arbitration
You and AVILINK agree to submit to binding arbitration all disputes and claims arising out of or relating, in any way, to these Terms or any of AVILINK Services, on an individual and purely bilateral, non-class/non-representative bases. Arbitration on an individual basis is the exclusive remedy for any claims which might otherwise be brought on a class, collective or representative basis between you and AVILINK. These Terms will be governed by the laws of the People�s Republic of China and shall be submitted exclusively to the China International Economic and Trade Arbitration Commission (�CIETAC�) in Beijing in accordance with CIETAC rules. Unless otherwise precluded by law, you and AVILINK shall each separately pay your or its own attorneys� fees and costs. You agree that if any provision of this arbitration agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of the arbitration agreement shall remain in full force and effect consistent with applicable law. However, the entire agreement to arbitrate shall be void if the provisions above waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason.


22. Limitation on Claims
Regardless of any statute or law to the contrary, any dispute arising out of or related to your use of AVILINK Services must be filed within one (1) year after the occurrence of the event or facts giving rise to a dispute, or you waive the right to pursue any dispute based upon such event or facts forever.


23. Entire Agreement; Waiver; Severability
These Terms constitute the entire and exclusive understanding between you and AVILINK with respect to the use of AVILINK Services, and these terms supersede and replace any and all prior oral or written understandings or agreements between AVILINK and you regarding AVILINK Services. AVILINK�s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms. If a court or tribunal should find that one or more rights or provisions set forth in these Terms are invalid, you agree that the remainder of the Terms will remain in full force and effect and that the invalid provision will be enforceable to the fullest extent permitted by law.


24. Assignment
You may not assign or transfer these Terms and any associates rights or obligations, by operation of law, without AVILINK�s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. AVILINK may freely assign or transfer these Terms without restriction.


25. Contact Us
Should you have any questions, please contact us. Contact details at www.avilink.pl