Terms and Conditions

Cisco ūmi telepresence Terms of Service

Welcome to Cisco ūmi telepresence! Please read these Terms of Service carefully. These Terms of Service create an agreement between you and Cisco Systems, Inc. ("Cisco") regarding your use of the Cisco ūmi telepresence service ("Service") and the Cisco ūmi telepresence system (including the console, remote control and HD camera) and associated software ("System"). By clicking "Accept" or registering for or using the Services and/or the System, you consent to these Terms of Service. If you do not agree to the Terms of Service, you should click "Decline" and not use the Services and/or the System.

If you are under 18, or if you are considered a minor in your state or country, you must obtain the consent of your parent or legal guardian to register for the Cisco ūmi telepresence service.

1. Requirements for Use

To make and receive video calls, you will need to subscribe to a Cisco ūmi telepresence service plan. The service plans are explained below in paragraph 5.

To access the System, you will need your own high-definition television screen and high-speed internet access. As a result of bandwidth demands, you may have to upgrade your broadband plan in order to receive high resolution. The following link provides more information regarding minimum broadband amounts and certain other requirements: home.cisco.com/umi

The Cisco ūmi telepresence service is only offered in the United States and its territories.

2. Registration

To register, you will need a user name, physical address, email address, password and credit card information (the "Registration Information"). You are responsible for maintaining the confidentiality and security of your Registration Information and agree to notify Cisco of any unauthorized use of your Cisco ūmi telepresence account.

3. Data, Information and Privacy

When you use the Service, you agree that Cisco may collect and use information related to your use of the Service to maintain, improve and enhance the Service. You also agree that Cisco may also provide your email and physical address to third parties in connection with providing the Service to you. You agree that the Online Privacy Statement located at http://www.cisco.com/web/siteassets/legal/privacy.html will be applicable to your use of the Service.

4. Your Responsibilities as a Cisco ūmi telepresence User

You are responsible for the content of all visual, written or audible communications and any other material ("Content") used in connection with your account. You agree that Cisco will not be liable to you or any others for any loss or damages due to your use of the System or Service.

You agree not to use the System or Service: (i) to invade another's privacy; (ii) for obscene, pornographic, or offensive purposes; (iii) to infringe another's rights, including but not limited to any intellectual property rights; or (iv) to violate, or encourage any conduct that would violate any applicable law or regulation or give rise to civil liability.

5. Cisco ūmi telepresence Service Plans

The ūmi telepresence service plans are described in the subsections below. You can find the details regarding your ūmi telepresence service plan at any time by clicking on the "Your Account" link, located at the umiconnect.com web site. Cisco reserves the right to modify, terminate or otherwise amend the Service and the service plans it offers at any time.

5.1 Cisco Monthly Service Plan

By activating your Cisco monthly service plan (the "Monthly Service Plan"), you agree that Cisco (or our authorized service providers) is authorized to charge to the payment method (the "Payment Method") you provided during registration (or to a different Payment Method if you change your account information) a Monthly Service Plan fee, any applicable tax, and any other charges you may incur in connection with your use of the Service. Under this agreement, the word "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The Monthly Service Plan fee will be billed upon activation of your System and on each monthly renewal thereafter unless and until you cancel your Service or your Service is otherwise terminated. Activation occurs when your System has been set up in your home and the System has successfully registered with Cisco via the internet. Cisco automatically bills your Payment Method each month on the calendar day corresponding to the day on which your Monthly Service Plan began. In the event that your Service Plan began on a day not contained in a given month, Cisco will bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You agree that the amount billed each month may vary from month to month for reasons due to promotional offers, changes in your Service plan, and changes in the amount of applicable sales or usage tax. Your Payment Method will be authorized for up to approximately one month of Service during the setup of the Service; however, no charges will be made against the Payment Method until your System is activated. Cisco may also periodically authorize your Payment Method in anticipation of Service Plan or related charges. You agree that, unless otherwise agreed by Cisco, all fees and charges are nonrefundable and there are no refunds or credits for partially used periods. Cisco may change the fees and charges in effect, or add new fees and charges from time to time, but Cisco will give you advance notice of these changes by web or by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Your Account" link, available at the umiconnect.com web site. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account, you agree that Cisco may continue billing that Payment Method and you will remain responsible for any uncollected amounts. Cisco may utilize automatic expiration date update technology and you will be responsible for the monthly service charges submitted based on these updates.

Ongoing Service: Your Service will continue unless and until you cancel your Service or your Service is otherwise terminated. You must cancel your Service before it renews each month in order to avoid billing of the next month's Service fees to your Payment Method. Cisco will bill the Monthly Service Plan fee plus any applicable tax to the Payment Method that you provided during registration (or to a different Payment Method if you change your account information). After 12 months of Service, your Service will continue and you will continue to be billed each month unless you choose to cancel your Service. You may switch to the Cisco Annual Service Plan at any time; the change will take effect at the end of the current billing month and you will be charged for the Annual Service Plan at that time.

Charge Failures and Service Suspension: In the event that Cisco is unable to charge your Payment Method, Cisco may make one or more retries within a Cisco-defined grace period. If a charge is successful within this grace period, your Service will continue. If the grace period expires and Cisco is unable to charge your Payment Method, your Service will be suspended. During any period in which your Service has been suspended, your umiconnect.com website account will remain active but your System will not be able to make or receive ūmi video calls. Resuming Service during any period in which your Services has been suspended will start a new 12-month Monthly Service plan which will start on the date that your Service is restored. If your Service is not resumed within 90 days, your Service account will be cancelled.

Cancellation: To cancel Service, you must call Cisco customer care. Your Service will remain active until the end of your current billing period. Your Service will typically be suspended prior to cancellation. During any period in which your Service has been suspended, your umiconnect.com website account will remain active but your System will not be able to make or receive ūmi calls. Cisco suspends your Service to enable you to use the umiconnect.com website to archive your video recordings and, should you choose to resume Service, Service can be restored without loss of your system settings, preferences, contacts lists, and recordings. Your Service will remain suspended for up to 90 days at Cisco's discretion. When Service is cancelled, all access to system Services is removed, any related account data, settings, preferences, contacts lists or recordings are deleted, and Cisco will reclaim your telepresence number and assign it to a new customer.

In addition to the above, you may call Cisco customer care to cancel your Service within 30 days of activation of the Service for a refund of Service fees.

5.2 Cisco Annual Service Plan

By activating your Cisco annual service plan (the "Annual Service Plan"), you agree that Cisco (or our authorized service providers) is authorized to charge to the Payment Method you provided during registration (or to a different Payment Method if you change your account information) an Annual Service Plan fee, any applicable tax, and any other charges you may incur in connection with your use of the Service. Under this agreement, the word "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The Annual Service Plan fee will be billed upon activation of your System and on each annual renewal thereafter unless and until you cancel your Service or the Service is otherwise terminated. Activation occurs when your System has been set up in your home and your System has successfully registered with Cisco via the internet. Cisco automatically bills your Payment Method each year on the calendar month and day corresponding to the day on which your Annual Service Plan began. You agree that the amount billed each year may vary for reasons that include promotional offers, changes in your Service plan, and changes in the amount of applicable sales or usage tax. Your Payment Method will be authorized for up to approximately one year of Service during the setup of the Service; however, no charges will be made against the Payment Method until your System is activated. Cisco may also periodically authorize your Payment Method in anticipation of Service Plan or related charges. You agree that all fees and charges are nonrefundable and there are no refunds or credits for partially used periods. Cisco may change the fees and charges in effect, or add new fees and charges from time to time, but Cisco will give you advance notice of these changes by web or by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Your Account" link, available at the umiconnect.com web site. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account, you agree that Cisco may continue billing that Payment Method and you will remain responsible for any uncollected amounts. Cisco may utilize automatic expiration date update technology and you will be responsible for the monthly service charges submitted based on these updates.

Ongoing Service: Your Service will continue unless and until you cancel your Service or your Service is otherwise terminated. You must cancel your Service before it renews each year in order to avoid billing of the next year's Service fees to your Payment Method. Cisco will bill the Annual Service Plan fee plus any applicable tax to the Payment Method that you provided during registration (or to a different Payment Method if you change your account information). After 12 months of Service, your Service will continue and you will continue to be billed each year unless you choose to cancel your Service. You may request a change to the Cisco Monthly Service Plan at any time; the change will take effect at the end of the current annual billing cycle and you will be charged for the Monthly Service Plan at that time.

Charge Failures and Service Suspension: In the event that Cisco is unable to charge your Payment Method, Cisco may make one or more retries within a Cisco-defined grace period. If a charge is successful within this grace period, your Service will continue. If the grace period expires and Cisco is unable to charge your Payment Method, your Service will be suspended. During any period in which your Service has been suspended, your umiconnect.com website account will remain active but your System will not be able to make or receive ūmi calls. Resuming Service during any period in which your Service has been suspended will start a new Annual Service Plan which will start on the date that your Service is restored. If your Service is not resumed within 90 days, your Service account will be cancelled.

Cancellation: To cancel Service, you must call Cisco customer care. Your Service will remain active until the end of your current billing period, and you will not receive a refund for any unused periods. Your Service will typically be suspended prior to cancellation. During any period in which your Service has been suspended, your umiconnect.com website account will remain active but your System will not be able to make or receive ūmi calls. Cisco suspends your Service to enable you to use the umiconnect.com website to archive your video recordings and, should you choose to resume Service, Service can be restored without loss of your system settings, preferences, contacts lists, and recordings. Your Service will remain suspended for up to 90 days at Cisco's discretion. When Service is cancelled, all access to system Services is removed, any related account data, settings, preferences, contacts lists or recordings are deleted, and Cisco will reclaim your telepresence number and assign it to a new customer. In addition to the above, you may call Cisco customer care to cancel your Service within 30 days of activation of the Service for a refund of Service fees.

6. Availability of the Service

The Service is only available in the United States and its territories. In connection with your use of the Service, you are responsible for following the laws in your state or country. Cisco may make modifications to the features of the System or Service to comply with laws and regulations.

Cisco shall have the right, in its discretion, to discontinue the Service at any time upon ninety (90) days notice to you. If Cisco discontinues your Service at its discretion, you shall be able to receive a pro-rata refund for any unused Service fee you have paid.

7. Suspension or Termination of Your Account

You agree that Cisco may suspend or terminate your access to the Service without notice if (a) Cisco determines that you have violated this agreement or (b) Cisco is required to do so by any court or government authority in any country.

Cisco may, upon such termination, deactivate or delete your account and any related data, information, and files, and bar any further access to such data, information, and files. Such action may include, among other things, accessing your Content or data and/or discontinuing your use of the Service without refund or compensation.

You agree that Cisco has no obligation to monitor your use of the Service but has the right to do so to ensure your compliance with this agreement, or to comply with any law, order, or requirement of any court or government authority in any country.

8. Title to Software and Intellectual Property

You may need to use the software in your System to use or have full access to certain features of the Service. You received software in your System at the time of purchase and other software programs may be delivered to your System remotely from time to time. You agree to use such software in accordance with this agreement and the End User License Agreement which can be found at: homesupport.cisco.com/umi. You agree that Cisco retains title to and ownership of all the software and intellectual property rights in the System.

9. Open source software

The System may include certain free/open source software. To view the licenses in text form go to homesupport.cisco.com/umi > Resources tab. Information about obtaining access to the source code for certain free/open source software can be found at: http://homesupport.cisco.com/en-us/contactus/ > General Public License. If you have any questions regarding free/open source software, please contact us at freesoftware@cisco.com

10. No Warranties

You agree to use the System or Service at your own risk. You agree that Cisco and its suppliers, resellers and affiliates will not be responsible for any harm to any device, any loss of data, or any other harm that results from your use of the System or Service. CISCO AND ITS SUPPLIERS, RESELLERS AND AFFILIATES DO NOT GUARANTEE THAT YOUR USE OF THE SYSTEM OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE SYSTEM AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTIES OR CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY. CISCO AND ITS SUPPLIERS, RESELLERS AND AFFILIATES DO NOT MAKE ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT, OR NONINFRINGEMENT. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW PRODUCTS OR SERVICES TO BE SOLD WITH NO WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THIS PARAGRAPH MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

Additional warranty terms and other information related to the System can be found at: homesupport.cisco.com/umi.

11. Limitation of Liability

YOU AGREE THAT CISCO, AND ITS SUPPLIERS, RESELLERS AND AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY OTHERS FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SYSTEM OR SERVICE EVEN IF CISCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF CISCO AND ITS SUPPLIERS, RESELLERS AND AFFILIATES TO YOU FOR ANY CAUSE WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO CISCO FOR THE SYSTEM.

THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW PRODUCTS OR SERVICES TO BE SOLD WITH THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THIS PARAGRAPH MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

12. Changes to these Terms.

Cisco may change these Terms of Service and recommends that you review them on a regular basis. You can review the most current version of the terms at: homesupport.cisco.com/umi. If Cisco makes a change to the terms it will post the revised terms at the link above. You agree that your continued use of the System or Service after the Terms of Service have been changed means that you have agreed to the changed Terms of Service.

13. Other Important Legal Terms

13.1 Sometimes when you use the System or Service, you may use a service or purchase goods which are provided by another person or company. Your use of these other services or goods may be subject to separate terms between you and the company or person concerned, and you agree that Cisco shall have no liability or obligation relating to those services or goods.

13.2 Trade names, trademarks, service marks, logos, and domain names of each party are considered their respective "Marks." As to Cisco's Marks and the Marks of its suppliers, the Mark-owner retains ownership of all proprietary rights in all its Marks associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any Cisco Marks, or other proprietary information (including images, text, page layout, or form) of Cisco without Cisco's express written consent. You may not use any meta tags or any other "hidden text" utilizing Cisco's Marks without Cisco's express written consent.

13.3 You agree to use the System and Service in compliance with all applicable laws. You acknowledge that the System and Service are subject to U.S. and local export control laws and regulations. You represent that you are not a citizen of an embargoed country or a prohibited end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists. You agree not to export, re-export, divert, transfer or disclose any portion of the System or Service or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.

13.4 These Terms of Service, including the documents referred to in these Terms of Service, are the entire agreement regarding the System and Service and completely replace any prior agreements. Cisco may assign or delegate its obligations under this agreement either in whole or in part, without your prior consent.

13.5 Neither party will be responsible for failure of performance due to causes beyond its control, like, for example, accidents of God, labor disputes, shortage of materials, acts of terrorism, or the stability or availability of the Internet or a portion of the internet.

13.6 You agree that if Cisco does not exercise or enforce any legal right or remedy which is contained in these terms, this will not be taken to be a formal waiver of Cisco's rights and that those rights or remedies will still be available to Cisco.

13.7 If for any reason a provision of these terms is invalid, the remaining provisions will continue to be valid and enforceable.

13.8 These terms shall be governed by the laws of the State of California without regard to its conflict of laws provisions.