AI Guard User Agreement

This Agreement is a valid contract regarding the use of AI Guard and related services entered into between the provider and operator of SwitchBot products/services (hereinafter referred to as "SwitchBot" or "we," including SWITCHBOT Inc., Wonderlabs Inc., and their parent companies, subsidiaries, or affiliates) and all entities using AI Guard provided by SwitchBot (including but not limited to individuals and teams, hereinafter referred to as "users"). This Agreement applies to any AI Guard service provided by SwitchBot (hereinafter referred to as the "Service"), including upgrades and updates to all services and software used by users during the term of this Agreement. Use of any AI Guard service constitutes acceptance of all terms of this Agreement.

SwitchBot fully respects the protection of users' personal information. Therefore, please read the AI Guard Privacy Policy so that you can fully understand the relevant policies and procedures that apply to the collection and use of users' personal information by the AI Guard feature.

The special terms used in this User Agreement are interpreted as follows:

App: the application provided by SwitchBot that can access SwitchBot products or services.

SwitchBot Camera/Doorbell: the camera and doorbell series products provided by SwitchBot that support the Service.

1. Service Content and User Notices

1.1 The basic plan for the Service includes cloud storage services, and the premium plan includes cloud storage services and VLM services.

Cloud storage service is an online service that users need to subscribe to in the App and that is dedicated to storing event-recording videos of SwitchBot Camera. Through cloud storage service technology, we provide users with online services such as storage, synchronization, management, and sharing of event-recording videos. Once a user activates any plan, SwitchBot Camera will automatically begin uploading event-recording videos. We undertake that the stored data will be limited to the cloud storage service selected by the user and within a limited service cycle (for example, 365 days for an annual payment cycle and 30 days for a monthly payment cycle), and may be permanently deleted after the user's data recording period (for example, 30 days) expires. During the recording period, users may access, download, or delete their data through the App. We acknowledge that users own rights to their data, and nothing in this Agreement grants us any ownership of users' data. In the cloud storage service, SwitchBot itself does not directly upload or provide content, nor does it make any modification or editing to content transmitted by users.

The VLM service is an online service that users need to activate and subscribe to in the App. Through AI Guard technology, it provides users with online services such as storage, synchronization, management, and sharing of event-recording videos. Once a user purchases the premium plan and uses the VLM service, the Cam/Doorbell device will begin collecting your video footage and use the AI model deployed locally on the camera to identify and detect whether a person is moving or whether there is any change in the image. Once a video of a triggering event is detected (that is, a person is found to be moving or the image changes), the camera will record the video occurring during the event and transmit some images from such videos to the cloud server in encrypted form. The content output by this service may be incomplete, inaccurate, or inapplicable due to data sources, algorithmic limitations, model bias, or recognition errors. When using the output results of this feature, users shall independently judge their accuracy and applicability and seek professional advice when necessary. The service provider shall not be liable for any direct or indirect loss caused by reliance on the output of this feature.

1.2 Depending on actual circumstances, such as different countries or regions, the services we provide to users may vary. For services with a free trial period, the trial period is available from the time the user first activates AI Guard. During the free trial period, we will not charge any fees. During the trial service period, users may cancel the overall service at any time, but may continue to enjoy the trial service until the trial period ends. SwitchBot reserves the final right to interpret the free trial service, and SwitchBot has the right to modify or cancel the free trial service corresponding to each service at any time without any obligation to notify users in advance, provided that this will not affect users who have already started the free trial.

1.3 On the day the free trial service ends, we will activate the user's subscribed plan through automatic renewal and deduct the service fee from the financial account bound by the user when subscribing to the service. The amount of the service fee depends on the plan selected by the user in the App.

The monthly service cycle is 30 days. If the user does not cancel the plan before the service cycle expires, on the day the service cycle expires we will continue to activate the service for the next service cycle through automatic renewal and deduct the service fee for the next service cycle.

For the basic plan, the annual service cycle is 365 days. If the user does not cancel the plan before the service cycle expires, on the day the service cycle expires we will continue to activate the service for the next service cycle through automatic renewal and deduct the service fee for the next service cycle.

During the service cycle, data records are updated on a rolling basis; that is, we will continuously retain the user's data from the most recent 30 days, and data older than 30 days will be overwritten on a rolling basis as time passes.

1.4 If users purchase a plan, they need to pay directly through the app store and provide necessary payment information, such as details of the linked credit card or debit card (payment instrument), to complete payment. Please note that we do not store details of payment instruments, but third parties that provide payment services, such as PayPal or Stripe, may store them. When users provide a payment instrument, they authorize us to charge the applicable fees for their plan to that payment instrument.

Users are responsible for keeping the details of their payment instruments accurate and up to date, especially when switching to a different payment instrument or when a payment instrument has expired. Users agree that, when a user's payment instrument expires or becomes invalid and the user has not updated the payment instrument or canceled the subscription, the user authorizes us to cancel the subscription before the next billing date.

1.5 If the user has activated an automatically renewing subscription, we will automatically charge the user's payment instrument monthly/annually on the calendar day corresponding to the subscription date (or, if there is a free trial service, the day the free trial service ends) (i.e., the billing date). For the basic plan, users may change their plan to another plan when the term of that plan expires. We may adjust the content and price of plans as needed, but such changes will not affect users who have already subscribed to that plan.

1.6 If users wish to cancel a subscription, they must cancel it at least three calendar days before renewal on the next billing date to avoid being charged for the next billing cycle. If users cancel the subscription at or after renewal for the next billing cycle, the cancellation will take effect on the next billing date, and users will still be required to pay the fees for that billing cycle. Once users activate a subscribed plan, cancellation of the subscription will not result in a refund of the fees for that billing cycle.

1.7 Users understand that AI Guard provides only the relevant online services. Devices related to such online services (such as personal computers, mobile phones, and other devices connected to the Internet or mobile networks) and the required costs (such as telephone and Internet access fees paid for Internet access and mobile phone fees paid for use of mobile networks) shall be borne by users themselves.

1.8 After you purchase the premium plan, you may bind multiple devices that support the VLM service under the same account. AI Guard for all devices will be activated uniformly under that account, and you do not need to register or purchase any additional account. If you actively disable AI Guard, all devices bound under your account will stop AI Guard at the same time. When you enable AI Guard again, the system will again display this Agreement and all privacy policies related to AI Guard for you to read and confirm.

1.9 When you first enable any device through your account, we will display this Agreement and all privacy policies related to AI Guard for you to read and confirm your consent. After you check the box to agree, such consent will apply to all existing and future bound devices under your account. When you subsequently enable AI Guard again on that device or on another device bound to the account, we will by default deem that you have fully read and accepted the above agreements, and the system will not display the above agreements again.

2. Ownership

2.1 Users agree and acknowledge that SwitchBot or its licensors own all legal rights, title, and interests in and to the Service (including but not limited to graphics, user interfaces, scripts, software, and text used to perform the Service) and any software ("Software") provided to users as part of or in connection with the Service, including any and all intellectual property rights therein, whether registered or not and wherever located in the world. Users further agree that the Service (including the Software and any other parts thereof) contains proprietary and confidential materials protected by applicable intellectual property laws and other laws, including but not limited to copyright laws. Users undertake not to use such proprietary information or materials in any manner except for the purpose of using the Service under this Agreement. Except as expressly permitted by the terms of this Agreement, no part of the Service may be reproduced in any form or by any means.

2.2 SwitchBot retains complete and indivisible ownership and intellectual property rights in and to the following content (information, data, text, software, music, audio, photos, graphics, videos, users' registration information, or other materials, hereinafter referred to as "Content"):

Except for content uploaded or disseminated by users themselves, AI Guard and all of its elements, including but not limited to all Content, data, technologies, software, code, user interfaces, and any derivative works related thereto.

3. Undertakings and Warranties

3.1 Users warrant that the content they upload to AI Guard shall not, and is prohibited from, directly or indirectly:

3.1.1 deleting, concealing, or altering any patent, copyright, trademark, or other proprietary notice displayed on or contained in AI Guard;

3.1.2 interfering with or attempting to interfere with the normal operation of any part or function of AI Guard or the SwitchBot website or App in any manner;

3.1.3 circumventing, attempting to circumvent, or claiming to be able to circumvent any content protection mechanism or AI Guard data measurement tool;

3.1.4 using any registered or unregistered goods or service marks, company logos, URLs, or other marks originating from SwitchBot in written or graphic form without SwitchBot's prior written consent;

3.1.5 using any SwitchBot mark, including but not limited to using SwitchBot marks in a manner that tarnishes, dilutes, or harms the rights of the owners of such marks, or granting any rights or permissions to themselves or others in a manner contrary to this Agreement, unless SwitchBot specifies otherwise in writing;

3.1.6 impersonating another person without authorization to obtain access to AI Guard.

If a user breaches any of the above warranties, SwitchBot has the right, depending on the circumstances, to warn, block, or disqualify the user. If any loss is caused to SwitchBot, other users, or any partner of SwitchBot as a result of the user's breach of the above warranties, the user shall be solely responsible for all legal liabilities and shall compensate for the losses.

3.2 Users undertake that:

3.2.1 they have obtained written authorization from the rights holder(s), if any, of the content uploaded, published, transmitted, or otherwise disseminated through AI Guard provided by AI Guard, and have reached internal arrangements with the foregoing rights holder(s) regarding the distribution of rights and interests, ensuring that before submitting or uploading the relevant content to AI Guard they have full, complete, defect-free, and exclusive ownership and intellectual property rights therein;

3.2.2 the content uploaded, published, transmitted, or otherwise disseminated by users through AI Guard shall not contain any information that violates national laws, regulations, or policies;

3.2.3 users shall not use the Service for any unlawful purpose; shall not use SwitchBot's AI Guard in any form to infringe upon SwitchBot's commercial interests, including but not limited to publishing commercial advertisements without SwitchBot's permission; and shall not use the AI Guard system to engage in any conduct that may adversely affect the normal operation of the Internet or mobile networks;

3.2.4 users shall not use the AI Guard service to engage in the following activities:

• accessing a computer information network or using computer information network resources without permission;

• deleting, modifying, or adding functions of a computer information network without permission;

• deleting, modifying, or adding data or applications stored, processed, or transmitted in a computer information network without permission;

• intentionally creating or disseminating destructive programs such as computer viruses;

• other acts that endanger the security of computer information networks.

3.2.5 If SwitchBot or any entity cooperating with SwitchBot faces any complaint, report, inquiry, claim, or litigation, or suffers any loss of reputation, goodwill, or property, because the content uploaded, published, transmitted, or otherwise disseminated by a user through AI Guard has defects in rights or infringes the lawful rights and interests of any third party (including but not limited to patent rights, trademark rights, copyrights and neighboring rights, portrait rights, privacy rights, and reputation rights), the user shall actively take all possible measures to ensure that SwitchBot and the entities cooperating with SwitchBot are not affected by the above claims or litigation. At the same time, the user shall bear full liability for damages for the direct and indirect economic losses suffered by SwitchBot and the entities cooperating with SwitchBot as a result thereof.

3.2.6 Users shall not abuse AI Guard. SwitchBot hereby solemnly reminds users that any content transmitted through the Service by uploading, posting, sending instant messages or emails, or by any other means, whether publicly or privately transmitted, is the sole responsibility of the content provider and user for their uploading and use. As an information storage space service platform, AI Guard cannot control the content transmitted through the Service and cannot comprehensively control users' use, and therefore cannot guarantee the legality, accuracy, completeness, authenticity, or quality of the content. Users are aware that they may be exposed to offensive or inappropriate content when using the Service, and agree to make their own judgment and bear all risks without relying on AI Guard.

3.2.7 If SwitchBot discovers through notices, reports, or other channels that a user's use of AI Guard does not comply with the relevant laws or regulations of SwitchBot or the country or region where the user is located, SwitchBot has the right to make an independent judgment and to immediately terminate part or all of the services provided to the user without prior notice, and has the right to require the user to make corrections or directly take all measures SwitchBot deems necessary (including but not limited to changing or deleting content uploaded by the user, and suspending or terminating the user's right to use AI Guard) to mitigate the impact caused by the user's improper conduct. If a user disseminates or spreads reactionary, pornographic, or other information that violates the laws or regulations of any country or region through AI Guard, AI Guard's system records may serve as evidence of the user's violation of laws and regulations. Any third-party claims or derivative damages or losses caused by the user's uploading or dissemination of the above content through AI Guard shall be borne solely by the user.

4. Intellectual Property Protection

If content uploaded by a user allows other users to download, view, listen to, or otherwise access or distribute it, the user must ensure that the publication of such content and related acts comply with the relevant copyright policies under applicable intellectual property laws and regulations, including but not limited to:

4.1 upon receiving an infringement notice, the user shall immediately remove or disable access to the allegedly infringing content and contact the person who delivered the notice to learn further details;

4.2 users acknowledge and agree that SwitchBot will process qualified infringement notices issued by third parties in accordance with relevant laws and regulations, remove or disable access to allegedly infringing content as required, and adopt and implement appropriate policies to prevent repeated infringement under corresponding conditions.

5. Privacy Protection

5.1 SwitchBot fully respects the protection of users' personal information. SwitchBot's Privacy Policy and the privacy policy for video collection by the AI Guard feature set out the relevant policies and procedures that AI Guard shall follow when collecting and using users' personal information.

5.2 SwitchBot will not disclose or provide to third parties users' non-public content stored on AI Guard, except in the following circumstances:

• as provided by relevant laws or regulations or by AI Guard's lawful service procedures;

• in emergencies, to protect the rights and interests of users and the public;

• to protect SwitchBot's trademark rights, patent rights, and any other lawful rights and interests;

• other circumstances in which personal information needs to be disclosed, edited, or revealed in accordance with law.

5.3 SwitchBot always strictly follows the principles of lawfulness, legitimacy, necessity, and good faith, and takes effective measures to protect the security of your personal information. For different types of data, we set corresponding retention periods according to their nature and purposes.

• For the video storage function under the Service, if you subscribe to the AI Guard service, whether you choose a monthly or annual subscription, your video data will be retained in cloud storage for 30 days and will be automatically deleted by the system upon expiry. Please note that only persons who have the right to access your AI Guard account (you and persons authorized by you) may log in to your AI Guard account at any time to view and download such videos, and neither we nor unauthorized persons can view your images. If you have not activated the AI Guard service, video data will be stored locally on the device's SD card, and the retention period depends on the available capacity of your SD card. When the storage space reaches its limit, new videos will automatically overwrite the earliest video content.

• We collect log information automatically generated by the system, store it in encrypted form, and retain it for 30 days for purposes such as assisting in troubleshooting and analyzing device issues.

• For data that you have the right to edit, correct, or delete through the App, such as your profile information, bound accounts or devices, and scene automation settings, once you confirm deletion, we will promptly and completely remove the corresponding information from the system.

• For other types of data not expressly listed in this Agreement, we will comply with laws and regulations and determine an appropriate retention period based on the nature, quantity, and sensitivity of the data. After the retention period ends, we will destroy your personal information.

• When you delete your account, we will stop retaining your relevant data and delete your personal information. If we are unable to destroy the information for technical reasons, resulting in personal information being retained beyond the storage period, we will take appropriate measures to prevent further use of your personal information, including de-identification.

6. Disclaimers

6.1 In view of the online-service nature of AI Guard and the special characteristics of online services, users agree and understand that, in the event of network failures not intentionally caused by SwitchBot, part or all of the services may be changed, interrupted, or terminated. Once SwitchBot discovers and verifies the network failure, it will notify users in advance where possible, but SwitchBot shall not be liable to any user or any third party.

6.2 Users understand that AI Guard needs to inspect or maintain the platform or related equipment that provides online services on a regular or irregular basis. If the service is interrupted within a reasonable time due to such circumstances, SwitchBot shall not be liable therefor, but shall make an announcement in advance where possible.

6.3 Any disputes or losses caused by a user's authorization of a third party (including a third-party application) to access/use the content in the user's AI Guard space shall be the user's own responsibility and shall have nothing to do with SwitchBot.

6.4 The matters listed below, including but not limited to the following, shall not be attributable to SwitchBot, and SwitchBot shall not bear any legal liability for damages caused to users as a result thereof.

(1) implementation of plan maintenance;

(2) natural disasters such as earthquakes, typhoons, floods, and storms, outbreaks of infectious diseases, wars, civil strife, and riots;

(3) orders of administrative or judicial authorities;

(4) failures of users' own devices;

(5) defects in the client environment;

(6) failures in settings made by users for the service environment of the Service or computers, etc.;

(7) failures of network lines connected to cloud services;

(8) improper operation by users;

(9) third-party attacks and cheating.

6.5 We do not undertake the accuracy, reliability, or applicability of AI recognition, analysis, or decision-making functions. AI models may be affected in recognition performance by environmental factors (such as lighting conditions, camera angles, and obstructions), technical limitations, or data bias. Users understand and agree that AI recognition results may contain false positives or false negatives. Users shall make their own judgment in conjunction with other information and bear the risks of relying on AI recognition results.

7. Miscellaneous

7.1 SwitchBot reserves the final right to interpret this Agreement.

7.2 This Agreement shall take effect upon publication. SwitchBot has the right to modify the content of this Agreement at any time, and the modified version will be published on the SwitchBot website or App. If users do not agree to the modifications to the relevant terms of this Agreement, they have the right to stop using AI Guard. If users continue to use AI Guard, they shall be deemed to have accepted the modifications made by SwitchBot to the relevant terms of this Agreement.

7.3 All notices from AI Guard to users under this Agreement may be made by, including but not limited to, announcements or emails. Such notices shall be deemed delivered to the recipient on the date of sending.

7.4 This Agreement constitutes the entire agreement between the parties with respect to the matters agreed herein and other related matters, and does not grant either party any rights other than those provided herein.

7.5 If any provision of this Agreement is wholly or partially invalid or unenforceable for any reason, the remaining provisions of this Agreement shall remain valid and binding.