Last updated October 21, 2021

This is an agreement between you and Immedia Semiconductor LLC (with its affiliates, “Blink”, “we”, or “us”) regarding Blink websites, devices, products, services, and applications (collectively, “Blink Services”).

These Terms of Service, together with the rules, policies, terms, and guidance we provide regarding the Blink Services, and the following terms (collectively, as they may be changed over time, the “Terms”) form a part of this agreement and govern your use of the Blink Services:

• Amazon.com Conditions of Use;

• Blink Privacy Notice;

• Blink Subscription Plan Terms; and

• Blink Cookie Policy.

Blink is an affiliate of Amazon.com Services LLC and each Blink Service is an Amazon Service for the purposes of the Amazon.com Conditions of Use. These Terms of Service will take precedence over any conflicting provisions of the Amazon.com Conditions of Use.

By purchasing or using Blink Services, you agree to the Terms, on behalf of yourself and all members of your household and others who use any Blink Services under your account. Please read them carefully. If you do not agree to the Terms, then you may not use any Blink Service and you may return a Blink Device in accordance with the applicable return policy.

For the purpose of these Terms of Service:

“Blink Device” means the Blink hardware products, including without limitation Blink devices and related accessories.

“Blink Recordings” means all audio, video, images, or other types of recordings made by Blink Devices or provided to us in connection with Blink Services. 

“Software” means all software or firmware that we make available to you for use of Blink Services, including Blink apps and websites that provide access to video clips, Blink Services, Blink Device firmware and settings, and other information.

PRIVACY
Please review the Blink Privacy Notice and Blink Cookie Policy, which also govern your use of Blink Services, to understand our practices.

INTELLECTUAL PROPERTY COMPLAINTS
We respect the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow the Notice and Procedure for Making Claims of Copyright Infringement instructions in the Amazon.com Conditions of Use.

YOUR ACCOUNT
You may need your own Blink or Amazon account to use certain Blink Services and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You must be at least 13 years old to use the Blink Services.  If you are between the ages of 13 and 18, you may use the Blink Services only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.  If you are a parent or legal guardian of a user between the ages of 13 and 18, you consent to these terms on behalf of such user and you are fully responsible for the acts of such user in relation to the Blink Devices and Blink Services. We reserve the right to refuse service, terminate accounts, terminate your rights to use Blink Services, remove or edit content, or cancel orders in our sole discretion.

SOFTWARE TERMS
The following terms (“Software Terms”) apply to any Software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Blink Services.

A. Use of Blink Software.
You may use Blink Software solely for purposes of enabling you to use the Blink Services as provided by us, and as permitted by the Terms. You may not incorporate any portion of the Blink Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Blink Software in whole or in part. All software used in any Blink Service is the property of Blink or its software suppliers and is protected by United States and international copyright laws.

B. Use of Third Party Services.
When you use the Blink Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

C. No Reverse Engineering.
You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Blink Software, whether in whole or in part.

D. Updates.
We may offer automatic or manual updates to the Blink Software at any time and without notice to you.

E. Government End Users.
If you are a US Government end user, we are licensing the Blink Software to you as a “Commercial Item” as that term is defined in the US Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Blink Software are the same as the rights we grant to all others under the Terms.

F. Conflicts.
In the event of any conflict between these Terms of Service and any other Blink or third-party terms applicable to any portion of Blink Software, such as open-source license terms, such other terms will control as to that portion of the Blink Software and to the extent of the conflict.

USE OF BLINK SERVICES

Information. 
The Software will provide us with information about your use of Blink Services (such as device type, name, and first use date). This information may be stored on servers outside the country in which you live. We will handle any information we receive in accordance with the Blink Privacy Notice.

Information Provided To Others.
You are responsible for any information you provide to others using Blink Services. Use of information you provide to these third parties will be subject to any privacy notice or other terms that they may provide to you.

Third Party Products. Blink Devices may include third party products that Blink does not manufacture or develop. We may automatically update the firmware for certain of these products on behalf of the applicable manufacturer. Blink has no responsibility or liability for such third party products or manufacturer-provided firmware.

Functionality; Information Purposes Only.
We do not guarantee that Blink Services, including any notifications or alerts, are accurate, reliable, always available, timely, or complete. Blink Services are provided for informational purposes only. You agree that Blink is not responsible for any damages caused by the failure or delay of Blink Services, regardless of whether such failure or delay is within Blink’s control. Blink Services do not include a monitored security service or an emergency notification service. You understand that Blink Services do not include the monitoring of emergency notifications nor dispatching of emergency authorities to your home.

Compliance with Law.
You are responsible for ensuring that your Blink Recordings and use of Blink Services comply with any applicable laws, including any laws relating to the recording and sharing of video or audio content involving other people, and any laws requiring notice or consent for video or audio recording. You may not use Blink Services in any manner that does not comply with this Agreement. Without limiting the previous sentence, you may not use Blink Services, including to record video, in a manner that is illegal, obscene, defamatory, invades privacy, infringes intellectual property (including publicity rights), or otherwise injures third parties or is objectionable. Blink is not liable for your use of Blink Services or your Blink Recordings.

Blink Recordings.
Blink Recordings are streamed to the cloud. Blink processes and retains your Blink Recordings in the cloud in accordance with the Blink Privacy Notice, including to provide and improve our products and services. You give us all permissions we need to use your Blink Recordings to do so. These permissions include, for example, the rights to copy your Blink Recordings, modify your Blink Recordings to generate clips, use information about your Blink Recordings to organize them on your behalf, and review your Blink Recordings to provide technical support.

Internet and Wireless Connectivity.
Your Blink Device may require an Internet connection or data plan from a third-party provider in order to use some features. In such cases, your Internet connection or data plan is subject to the fees, restrictions, terms and limitations imposed by your provider.

Availability.
Some Blink Services may be unavailable, vary (by device or geography, for example), or be offered for a limited time. In addition, if your Blink Services require wireless data services and is located in an area where it cannot access such services, you may not be able to use some or all of the Services or other features of your Blink Device. We are not responsible for the unavailability of wireless data services or any corresponding loss of Services.

BLINK SUBSCRIPTION PLANS

When you choose to subscribe to a Blink Subscription Plan, we will automatically receive for storage any Blink Recordings captured by your Blink Devices that are associated with your Blink Subscription Plan. For more information on Blink Subscription Plans, please see the Blink Subscription Plan Terms and Blink Privacy Notice. We may change any aspect of the Blink Services and/or Blink Subscription Plan (including, without limitation, the applicable fees and/or features related to the Blink Services and/or Blink Subscription Plan), at any time and for any reason in our sole discretion.

GENERAL

Suspensions and Termination.

Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. We may terminate the Agreement or restrict, suspend, or terminate your use of Blink Services at our discretion without notice at any time, including if we determine that your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of Blink Services or harms our interests or those of another user of Blink Services. If your use of Blink Services is restricted, suspended, or terminated, you may be unable to access your video clips and you will not receive any refund or any other compensation. In case of termination, Blink may immediately revoke your access to Blink Services without refund. Blink’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

Contact Information. For help with your Blink Device, Blink Services, or resolving other issues, please contact Blink Customer Service.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Without limiting the Disclaimer of Warranties and Limitation of Liability terms in the Amazon.com Conditions of Use, and unless otherwise required by applicable law, in no event will our or our licensors' or our service providers' aggregate liability with respect to any claim arising from or relating to the Terms or your use of any Blink Service or Blink Device exceed fifty dollars ($50).

DISPUTES

Any dispute or claim relating in any way to the Terms, your use of any Blink Service, or to any products or services sold or distributed by Amazon or through Amazon.com is subject to the dispute resolution, class-action waiver, governing law, disclaimer of warranties, limitation of liability, and all other terms in the Amazon.com Conditions of Use.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, Blink Privacy Notice, Blink Cookie Policy, and the Terms, at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
Please follow the How to Serve a Subpoena or Other Legal Process instructions in the Amazon.com Conditions of Use.