Welcome to https://plus.frigate.video, a website (the “Site”) operated by Frigate, LLC (the “Company”).
Please review these Terms carefully. By accessing or using the Site, you acknowledge you agree to these Terms. If you don't agree to these Terms, you are not permitted to access or use the Site.
The Site allows you to upload images from security cameras and label relevant objects. You can also download proprietary machine learning models based on uploaded and labeled images. Services provided via the Site are called the "Service".
You can log in to the Site with your Google account, or you can create an account with your email and a password.
Also, please note that the Site is under constant development. New features may be added frequently, so it's important to check back to this page for updates.
You will be required to provide the Company and/or its Billing Service Provider with information regarding your credit card or other payment method. You represent and warrant that such information is true and that you are authorized to use the provided payment method and incur any related debt.
You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). You hereby authorize the Company to bill you in accordance with the terms of your plan until you terminate your account, and you agree to pay any charges so incurred. If you dispute any charges you must notify the Company within thirty (30) days after the date that you are billed.
Your subscription to the Service will automatically renew with a new license at the end of the month or year(s) or until you terminate your subscription within 3 business days of the end of a subscription period.
You can terminate your use of the Service, change your password, and otherwise manage your account using the Site.
We reserve the right to change the Company's monthly or annual fees at our sole discretion. If the Company does change its fees, the Company will provide notice of the change on the Site or to the email address provided by you to the Company, at Company's option, at least 14 days before the change is to take effect. Your continued use of the Service after the fee change becomes effective shall constitute your agreement to pay the changed amount.
If you terminate your paid account on the Site, you will not be charged for future months or years. However, you will not receive a refund for unused portions of licenses for which you have already paid. In the event you are billed in error, please contact email@example.com.
Subject to these Terms, when you sign up to use the Service, you are granted a worldwide, non-exclusive, royalty-free, non-transferable, non-sublicensable, revocable and limited license to use and make calls to the Frigate+ API solely in connection with using the Service, and solely in the manner described in these Terms and in any technical documentation provided for Frigate+ API.
You need to be at least 13 years old to use the Site.
You hereby affirm the Company has the right to terminate your account at any time at our sole discretion with or without prior notice.
Your permission to use the Site is further subject to the following restrictions and conditions.
You agree that you will not:
Although the Company is not obligated to monitor access to or use of the Site or to review or edit any content uploaded via the Service, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to the Site or any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks, and other proprietary rights. The Company reserves all rights that are not expressly granted to you under these Terms. You grant the Company a license to copy, display, and otherwise use the content that you upload via the Site for the purpose of providing the Service.
If you wish us to remove your content, please send an email to firstname.lastname@example.org and we will do so within ten business days of receiving your request. (However, we may retain copies of your content, not accessible to you or the public, on our backup servers even after you request removal.)
We welcome and encourage you to provide feedback, comments, and suggestions for improvements of the Site ("Feedback"). You may submit Feedback by emailing us at email@example.com.
You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.
You agree to indemnify, defend, and hold harmless the Company from any and all demands, claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Site in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) your uploaded content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on or uploaded via the Site or transmitted to users.
For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up on the Site; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
The Company may also use your email address to send you other messages, including information about the Company and Site and special offers. You may opt out of such email by changing your account settings or sending an email to firstname.lastname@example.org.
THE SITE AND SERVICE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE AND SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT.
The Service is used in connection with security cameras, but the Company is not responsible for any loss, injury, or damage caused by the Service's failure or inability to detect something.
WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE; (C) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AND SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL COMPANY'S LIABILITY TO YOU EXCEED THE SINGLE MONTHLY OR ANNUAL FEE FOR THE ACTIVE LICENSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
The Company can amend these Terms at any time. It's your responsibility to check the Site from time to time to view any such changes. If you continue to use the Site, you show your agreement to our revisions to these Terms. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company's rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.
You agree that any legal action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms and your use of the Site and Service are governed by the federal laws of the United States of America and the laws of the State of Delaware, without regard to conflict of law provisions.
You agree to resolve any claims relating to these Terms or the Site through final and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration rules. The arbitration will be held in Nashville, TN.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
If you attempt to bring any legal action against the Company based in any way on the Site you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys' fees associated with its defense of the action.
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Current rates for the Service are at http://frigate.video/plus. You may contact us at email@example.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.