Legal

Terms of Service

Last updated: July 10, 2024

These Terms of Service ("Terms") apply to your access to and use of the websites, mobile applications and other products and services (collectively, the "Services") provided by Wei Group LLC, d/b/a NewAIEye ("NewAIEye," "we," "us," or "our"). By clicking "I Accept" or by using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15. If you do not agree to these Terms, do not use our Services.

We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

1. Privacy

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

2. Eligibility

You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

3. User Accounts and Account Security

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, which may include trademark rights, to those usernames.

4. NewAIEye Services and Intended Use

The Services include a monitoring device that records audiovisual information about the entirety of the camera's field of view that is captured by the camera and relays this information to NewAIEye's advanced computer vision technology in order to provide you with alerts, insights, and real-time audio and video monitoring of your camera's field of view via a mobile application that integrates with the NewAIEye device.

5. Prohibited Conduct

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:

Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Use or attempt to use another user's account without authorization from that user and NewAIEye;
Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
Sell, resell or commercially use our Services;
Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
Modify our Services, remove any proprietary rights, notices or markings, or otherwise make any derivative works based upon our Services;
Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
Develop or use any applications that interact with our Services without our prior written consent;
Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Bypass or ignore instructions contained in our robots.txt file; or
Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

Enforcement of this Section 5 is solely at NewAIEye's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

6. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by NewAIEye or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your own personal, non-commercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein, and violate our intellectual property rights.

7. Trademarks

"NewAIEye" and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of NewAIEye and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

8. Feedback

You may voluntarily submit a customer review on our website, email us at support@newaieye.co, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about NewAIEye or our Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in NewAIEye's sole discretion. You understand that NewAIEye may treat Feedback as non-confidential.

9. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. NewAIEye does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

10. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless NewAIEye and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "NewAIEye Parties") from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of the Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify the NewAIEye Parties of any third-party Claims, cooperate with the NewAIEye Parties in defending such Claims, and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the NewAIEye Parties will have control of the defense or settlement, at NewAIEye's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and NewAIEye or the other NewAIEye Parties.

11. Disclaimers

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, NewAIEye does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While NewAIEye attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

12. Limitation of Liability

To the fullest extent permitted by applicable law, NewAIEye and the other NewAIEye Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if NewAIEye or the other NewAIEye Parties have been advised of the possibility of such damages.

The total liability of NewAIEye and the other NewAIEye Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid by you, if any, to use our Services.

The limitations set forth in this Section 12 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of NewAIEye or the other NewAIEye Parties, or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

13. Release

To the fullest extent permitted by applicable law, you release NewAIEye and the other NewAIEye Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to the acts or omissions of third parties or disputes between users. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

14. Transfer and Processing Data

NewAIEye is based in the United States and we process and store information in the United States. We and our service providers may transfer your information to, or store or access it in, other jurisdictions that may not provide equivalent levels of data protection as the United States. By using the Services, you consent to the transfer of your information outside the United States to other jurisdictions.

15. Dispute Resolution; Binding Arbitration; Waiver of Representative Actions

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with NewAIEye and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

NO REPRESENTATIVE ACTIONS. YOU AND NEWAIEYE AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES IS PERSONAL TO YOU AND NEWAIEYE, THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ACTION, AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.

Arbitration of Disputes. Except for small claims disputes in which you or NewAIEye seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or NewAIEye seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and NewAIEye waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against NewAIEye or relating in any way to the Services, you agree to first contact NewAIEye and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to NewAIEye by email at support@newaieye.co. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and NewAIEye cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Salt Lake County, Utah, or may be conducted telephonically or via video conference for disputes alleging damages less than USD$5,000, in accordance with the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"). The most recent version of the JAMS Rules is available on the JAMS website and the JAMS Rules are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules, or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

You and NewAIEye agree that these Terms affect interstate commerce and that the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

The arbitrator, NewAIEye, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and NewAIEye agree that for any arbitration you initiate, you will pay the filing fee and NewAIEye will pay the remaining JAMS fees and costs. For any arbitration initiated by NewAIEye, NewAIEye will pay all JAMS fees and costs. You and NewAIEye agree that the state or federal courts of the State of Utah and the United States sitting in Salt Lake County have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and NewAIEye will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 15 by sending an email to support@newaieye.co. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 15.

If any portion of this Section 15 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 15 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 15; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 15 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 15 will be enforceable.

16. Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Utah, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Utah or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Utah and the United States, respectively, Salt Lake County, Utah.

17. NewAIEye's Services Cancellation and Refund Policy

The Refund Policy applies to users who purchase a subscription to our Services. By subscribing, you acknowledge and agree to the following terms:

Refunds for Ongoing Subscriptions

Annual Plans

If you cancel within the first 2 days of purchase or charge, you are eligible for a 90% refund, and service remains active for 30 days from the date of charge.
After 2 days, no refunds are provided, but your annual plan continues until its expiration date. Auto-renewal will be stopped.
Refunds for annual plans are only applicable if you were charged after a free trial period or made a direct purchase of the plan. In all other cases, including upgrades from monthly to yearly, payments are non-refundable.
If you downgrade from a yearly plan back to a monthly plan, the change will only take effect at the end of your current annual term. No prorated refunds will be issued.

Monthly Plans

You can cancel at any time; billing stops at the next billing cycle.
There are no refunds for the current billing period on Monthly Plans, no exceptions.

Combo Plans

You can cancel at any time; billing stops at the next billing cycle.
No refunds are provided for purchases of the AI Data Combo Monthly Plan & AI Data Combo Yearly Plans, under any circumstances.

Data Subscription Plans

You can cancel at any time; billing stops at the next billing cycle.
No refunds are provided for purchases of the Data Subscription Monthly Plan or Data Subscription Yearly Plan.

Data Top-Ups

Purchases can't be canceled, and your data will expire at the end of its validity period.
No refunds are provided for purchases of the One-time Data Pass and Manual Auto Recharge Data plans under any circumstances.

Refund Eligibility

Canceling your subscription in the app will not automatically make you eligible for a refund.
To request a refund, whether you want to downgrade or fully cancel, contact customer support within 2 days of your purchase or charge to process a refund request.

We're here to help! Contact us anytime through:

Email: support@newaieye.co
Call: +1 (220) 766-4660
In-app Chat

18. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

19. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

20. Notice Regarding Apple

If you are using our mobile applications on an iOS device, the terms of this Section apply. You acknowledge that these Terms are between you and NewAIEye only, not with Apple, and Apple is not responsible for the Services or its content. Apple has no obligation to furnish any maintenance or support services with respect to the Services. If our mobile app fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claim by you or any third party relating to the Services or your possession or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Services or your possession and use of the mobile application infringe that third-party's intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

21. SMS Terms of Service

By opting in to receive SMS notifications from NewAIEye, you agree to the following terms and conditions:

Consent to Receive SMS: By providing your mobile phone number and opting in to receive SMS notifications, you consent to receive text messages from NewAIEye regarding product updates, promotions, and important information related to your account.
Message Frequency: You acknowledge that message frequency may vary and that you may receive recurring SMS notifications. Message frequency will depend on the type of notifications you've subscribed to and may include promotional messages, reminders, and alerts.
Opting Out: You have the right to opt out of receiving SMS notifications at any time. To opt out, simply text "STOP" to +1 (220) 766-4660. You may also contact customer support for assistance with opting out.
Message and Data Rates May Apply: Standard message and data rates may apply to SMS notifications depending on your mobile carrier and plan. Contact your mobile service provider for details on messaging and data rates.
Privacy and Security: We are committed to protecting your privacy and personal information. Your mobile phone number will only be used for the purpose of sending SMS notifications related to NewAIEye. We will not share or sell your phone number to third parties for marketing purposes without your consent.
Support: For assistance with SMS notifications or to update your preferences, please contact our customer support team at support@newaieye.co.
Changes to Terms: NewAIEye reserves the right to update or modify these SMS terms of service at any time. Any changes will be effective immediately upon posting the revised terms on our website. Your continued use of SMS notifications constitutes acceptance of the updated terms.

By opting in to receive SMS notifications from NewAIEye, you acknowledge that you have read, understood, and agree to these SMS terms of service. If you do not agree to these terms, please refrain from opting in to receive SMS notifications.

22. Miscellaneous

The failure of NewAIEye to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. Under California Civil Code § 1789.3, California consumers are entitled to the following specific consumer rights notice: 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 N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.

23. Questions

If you have any questions about these Terms or our Services, please contact us by email at support@newaieye.co or by text or phone at +1 (220) 766-4660.

Wei Group LLC, d/b/a NewAIEye

11948 S Cottage View Ln

Draper, UT 84020

United States

Email: support@newaieye.co

Phone: +1 (220) 766-4660