A. Use in Compliance with Law; Recording and Privacy

It is your responsibility to comply with all applicable laws and regulations when using the Wyze Cam Products and Services, including but not limited to any laws or regulations (i) relating to the recording, transmission, interception or sharing of video or audio content; (ii) analysis conducted and data generated in order to detect the presence of a person; and (iii) requiring notice to or consent from third parties with respect to your use of the Wyze Cam Products and related Services. Additionally, it is your responsibility to comply with all applicable laws when disposing of a Wyze Cam Product. For more information about recycling Wyze Cam Products visit recycling.wyze.com.

Unless specifically authorized by Wyze in writing, all Wyze Cam Products and related Services are intended for purely personal use in or around your home. These Wyze Cam Terms do not permit you to use Wyze Cam Products in a business or a workplace. Nonetheless, data protection and privacy laws where you live may impose certain responsibilities on you and your use of the Wyze Cam Products and related Services. Before using any Wyze Cam Products or related Services, it is your obligation to determine whether your intended use is subject to any data protection or privacy laws, and to comply with such laws at all times. For more information about how we collect, use, share and otherwise process information about you, see our Privacy Statement.

If your use of the Services or any Wyze Cam Product is prohibited by applicable laws, then you aren’t authorized to use the Services or Wyze Cam Products.

B. Wyze Cam Product Set-Up and Installation

Installation and configuration of the Wyze Cam Product is your responsibility. You should install the Wyze Cam Product in accordance with the installation instructions provided in the Quick Start Guide included with the Wyze Cam Product. You are also responsible for selecting the installation location for the Wyze Cam Product. After installing and configuring the Wyze Cam Product, you should confirm it is working by testing it.

Unless stated otherwise in a Product’s Quick Start Guide and other warnings and instructions provided by Wyze, all Wyze Cam Products are for indoor use only. You will only use Wyze Cam Products in accordance with the Product’s Quick Start Guide and other warnings and instructions provided by Wyze.

You will not rely on Wyze to install, repair, maintain, or monitor the Wyze Cam Product; Wyze cannot, and does not, ensure that the Wyze Cam Product is installed or used correctly or in compliance with any applicable laws. It is solely your obligation to advise Wyze if there is an issue with the Wyze Cam Product, and you, without limiting other releases in these Wyze Cam Terms, hereby release Wyze from any damages, losses or expenses resulting from or as a consequence of issues related to the installation or use of the Wyze Cam Product. 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.”

A. Content Submission and Use

Wyze does not claim ownership of audio or visual recordings made using the Wyze Cam Products (“User Recordings”). Other than the rights you grant to us under these Wyze Cam Terms and under the Standard Terms, you retain all rights you have in your User Recordings. However, you give Wyze the right, without any compensation or obligation to you, to access and use your User Recordings on your behalf to provide Services to you and as otherwise set forth in our Privacy Statement.

For avoidance of doubt, as set forth in the Standard Terms, you agree that you grant Wyze and its affiliates a perpetual, irrevocable, nonexclusive, royalty-free worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, creative works from, and distribute your User Content, including for purposes of any Wyze Cam products, User Recordings.  You agree that Wyze may analyze, process, and use your User Recordings using automated technologies and machine learning to build and improve its products and services.  To the extent our use of your User Recordings involves information that could personally identify you, we will notify you about that use in our Privacy Statement and use it in accordance with applicable law.  

B. Retention, Storage and Deletion of Content

Although we have no obligation to screen, edit or monitor User Recordings, we may delete or remove User Recordings at any time and for any reason with or without notice.

Except (i) as prohibited by applicable law, (ii) as specified in our Privacy Statement or (iii) as otherwise agreed to by Wyze in writing, Wyze reserves the right to retain User Recordings (whether or not displayed or accessible through the Services). Except for when we have committed in writing to keeping certain User Recordings you upload through the Services accessible for a set period of time, we provide no guarantees that your video will remain accessible for any specific period of time and have no obligations or liabilities with respect to the availability of your User Recordings. Do not rely on the Services for the storage of any User Recordings; we encourage you to independently arrange for separate saving, back up or storage of any video or other content that you want to retain or have access to.

Please be aware that we may be subject to subpoenas, court orders, laws and regulations that require us to retain and/or disclose your User Recordings or other User Content to law enforcement, regulatory authorities or other governmental entities or pursuant to judicial proceedings. Please see our Privacy Statement.