Effective Date: March 15, 2015

By checking the box below and/or using Pezla Solutions Pvt. Ltd. (“Wynbee”) products, devices, or apps, you agree to the following Terms and Conditions, including any future amendments or updates. By accepting, you specifically acknowledge that you have read this entire Agreement and understand all of its terms and conditions, including but not limited to:

Paragraph 2: Limitation of Liability

Paragraph 3: No Warranty

Paragraph 4: Indemnification and Subrogation Waiver

1. Definitions

For the purposes of this Agreement:

“Agreement” refers to this Terms and Conditions document.

“Product” or “Wynbee System” refers to the iCamera, iCamera Keep, CubeOne, Remote Tags, Motion Sensors, Contact Sensors, Smoke Detectors, Siren, and related applications (“Apps”) you purchase, acquire, or use.

“Premises” means the location where you choose to use the Product.

“Company” or “Wynbee” refers to Pezla Solutions Pvt. Ltd., its owners, directors, officers, shareholders, partners, subcontractors, independent contractors, employees, distributors, retailers, agents, and assigns.

“You” or “Your” refers to the individual(s) who purchase, acquire, and/or use the Product, download the App, and/or execute this Agreement.

“Product Sensor(s)” means Motion Sensors, Contact Sensors, Siren, and Smoke Detectors that form part of the Wynbee System.

2. Limitation of Liability, Waiver, and Liquidated Damages

Wynbee and its affiliates, including directors, officers, employees, subcontractors, distributors, and agents, are not insurers, and this Agreement is not an insurance policy or a substitute for one.

You acknowledge and agree that the Product does not guarantee protection against burglary, theft, property damage, fire, smoke, bodily injury, or any other type of loss or emergency. You are solely responsible for determining and maintaining your insurance coverage and agree to look exclusively to your insurer for compensation for any such losses or damages.

You release Wynbee from all claims, damages, and expenses resulting from your use or misuse of the Product, including failure of the Product to perform, your failure to comply with any applicable law, or any act or omission of Wynbee.

Because the actual damages resulting from any failure of the Product are difficult to determine, you agree that Wynbee’s total liability to you for any and all losses or damages shall not exceed the amount you paid for the Product.

In no event will Wynbee be liable for lost profits, lost savings, incidental, indirect, special, exemplary, or consequential damages, even if Wynbee has been advised of the possibility of such damages.

This limitation applies regardless of the cause, whether based on negligence, contract, warranty, product liability, or any other theory. You acknowledge that:

You had the opportunity to negotiate this limitation of liability with Wynbee;

This limitation does not conflict with other provisions of this Agreement; and

It does not render any provision ambiguous.

You further release Wynbee from all claims arising from the deactivation of Product Sensors or creation of customized profiles where some sensors are deactivated. You understand that deactivated sensors will not trigger alerts even if a break-in occurs at those entry points.

3. Limited Warranty

Wynbee warrants that its Products are free from defects in materials and workmanship under normal use and installation as per Wynbee’s user manual for one (1) year from the date of purchase.

This warranty is void if physical damage occurs due to:

Removal or replacement of electronic components;

Improper battery usage;

Tampering with the device shell or casing;

Unauthorized access to internal components (except for permitted battery replacement).

To the extent permitted by law, this warranty and the remedies provided are exclusive and replace all other warranties, whether oral, written, statutory, express, or implied.

Wynbee disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. Where such warranties cannot be disclaimed, they are limited to the duration of this express warranty, and Wynbee’s sole obligation is to repair or replace defective products.

This warranty does not cover issues caused by:

Improper maintenance;

Non-Wynbee parts or accessories;

Operation outside product specifications;

Abuse or misuse;

Normal wear and tear; or

Unauthorized modification or alteration.

4. Indemnification and Subrogation Waiver

You agree to indemnify, defend, and hold harmless Wynbee from all claims, damages, losses, costs, and attorney’s fees arising out of or related to your use of the Product, including claims that it failed to perform.

You further waive any right of subrogation your insurer may have against Wynbee. This waiver applies to all forms of subrogation—equitable or conventional—and binds all assignees or subrogees of your rights.

You may not enter into any settlement affecting Wynbee’s rights without Wynbee’s prior written consent.

5. Installation and Use

You acknowledge that the Product is self-installed and that you are solely responsible for:

Proper installation and testing;

Selecting installation locations;

Ensuring compliance with all laws and codes;

Monitoring notifications and responding to alerts.

Wynbee does not provide traditional monitoring services and is not responsible for responding to any alerts or notifications. You alone must ensure the Product functions properly.

6. Customer Responsibilities

You agree to:

Comply with all applicable laws regarding privacy, recording, and surveillance;

Use the Product only for personal purposes; and

Maintain a secure password to prevent unauthorized access.

You agree to indemnify Wynbee against any claim arising from unauthorized access to your account or your failure to comply with legal obligations.

7. Additional Equipment

All future purchases or updates to the Product—hardware, firmware, or software—remain subject to this Agreement, including Sections 2, 3, 4, and 19.

8. Limitations of the Product

You acknowledge that all alarm systems, including Wynbee Products, are subject to failure due to causes outside the manufacturer’s control, including interference, power loss, ISP issues, or sensor deactivation. You are responsible for maintaining notification settings, active accounts, and covering any service charges incurred from your carrier or email provider.

The iCamera Keep provides five (5) minutes of cloud storage. Once full, the oldest recordings are automatically overwritten without notice and are irretrievable.

9. Transmission of Data

You understand that data transmission relies on third-party services (e.g., Internet, power lines, cellular networks) that may be interrupted. Wynbee is not responsible for data loss or failed transmission due to these factors. You are solely responsible for ensuring proper connectivity.

10. Wynbee’s Default

If Wynbee breaches this Agreement, you must provide written notice specifying the issue and allow 20 business days for Wynbee to cure the breach. If the breach is remedied within that time, the Agreement continues without interruption.

11. Consent to Record, Disclose, and Use Communications

You are solely responsible for obtaining any necessary consent required by law for recording, disclosing, or using communications or video captured by the Product.

By using the iCamera Keep, you authorize Wynbee to store video data on its cloud. Wynbee uses commercially reasonable efforts to protect your recordings, but you acknowledge that unauthorized access may occur. You agree to indemnify and hold Wynbee harmless from any claims arising from such access or from the storage of your video data.

12. Exclusions and Limitations

Nothing in this Agreement excludes any condition, warranty, or right that cannot be lawfully excluded. Some jurisdictions may not permit certain limitations of liability, in which case only lawful limitations shall apply.

13. Entire Agreement

This Agreement, along with any accompanying policies or notices, constitutes the entire agreement between you and Wynbee and supersedes all prior understandings or agreements.

14. Choice of Law and Jurisdiction

This Agreement is governed by the laws of India, without reference to its conflict of law rules. You and Wynbee consent to the exclusive jurisdiction of the courts located within India for any legal action arising from this Agreement.

15. Waiver and Severability

Failure by Wynbee to enforce any provision of this Agreement does not constitute a waiver. If any term is found invalid, the remaining provisions will continue in full effect.

16. Statute of Limitations

All claims or legal actions against Wynbee must be filed within one (1) year from the date of the incident giving rise to the claim.

17. No Third-Party Beneficiaries

This Agreement creates no rights for any third party unless expressly stated otherwise.

18. Limit on Alerts (India Users Only)

To prevent misuse, each user is limited to 30 phone alerts and 30 SMS alerts per calendar month.
You may contact Wynbee customer service to request additional alerts. Approval is at Wynbee’s sole discretion. Abuse or excessive use will result in enforcement of the standard monthly limit.

19. SDK and API Terms
    (a) Limitation of Liability

All limitations under Section 2 apply equally to Wynbee’s Software Development Kit (“SDK”) and Application Programming Interface (“API”). In no event shall Wynbee’s total liability exceed the amount you paid for the Product.

(b) No Warranty

The SDK and API are provided “as is” and “as available,” without any warranty. Wynbee disclaims all implied warranties, including merchantability, fitness for purpose, and accuracy. You assume full responsibility for any use or reliance on the SDK or API.

(c) Indemnification

You agree to indemnify and hold Wynbee harmless from all claims arising out of your use or development with the SDK or API, including intellectual property violations or misuse.

20. Binding Agreement and Amendments

This Agreement becomes binding upon your purchase of any Wynbee Product.
Headings are for convenience only and do not affect interpretation. Any modification to this Agreement must be in writing and signed by both parties.

This Agreement is binding on your heirs, executors, administrators, and successors, and is governed by the laws of India. The interpretation of this Agreement shall not be construed against the drafter.