Terms of Service

Last updated on January 30, 2023.

This is an agreement between you, Immedia Semiconductor, LLC and Amazon Digital UK Limited (together, with their affiliates “Blink“, “we”, or “us”) regarding Blink websites, devices, products, services, and applications (“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:

These Terms of Service will take precedence over any conflicting provisions of the Amazon Conditions of Use.

By purchasing or using Blink Services, you agree to the Terms. Please read them carefully. If you do not agree to the Terms, then you may not use any Blink Service. This includes Blink Devices, which you may return in accordance with our return policy.

The term “you,” as used in these Terms, includes (i) and (ii) as follows: (i) the following “Owners”:  any person or entity who either (a) purchases a Blink Service, or (b) is the owner of the Blink Device and creates an account associated with the Blink Device, and (ii) the following “Covered Parties”: (a) any members of an Owner’s household, or (b) any person or entity that accesses or uses the Owner’s Blink Devices or Blink Services. Covered Parties are responsible for their own actions in connection with the Blink Devices and Blink Services, but Owner hereby consents to these Terms on behalf of all Covered Parties and agrees to be fully responsible for all actions taken by Covered Parties relating to the Owner’s Blink Devices, Blink Services and account, including, without limitation, minors, regardless of age. As a result, if you are an Owner, you should allow only those individuals that you trust to access your account, Blink Devices, and Blink Services. If you are a minor you may use our Blink Devices and Blink Services only with the consent and under the supervision of a parent or legal guardian.

If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer collectively to you personally and to that organization or entity).

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 provides access to video clips, Blink Services, Blink Device firmware and settings, and other information.

PRIVACY

Please review our Blink Privacy Notice and Blink Cookies Notice.

INTELLECTUAL PROPERTY COMPLAINTS

Blink respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

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 the extent permitted by law, to accept responsibility for all activities that occur under your account or password.

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. 

  1. Use of Blink Software. You may use Blink Software solely for purposes of enabling you to use the Blink Services as provided by Blink, and as permitted by these Terms of Service. Unless explicitly permitted under applicable mandatory law, 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 international copyright laws.

  2. 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.

  3. No Reverse Engineering. Unless explicitly permitted under applicable mandatory law, 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.

  4. Updates. From time to time, Blink may develop updates, upgrades, patches and other modifications to improve the performance of the Blink Services and/or the Devices or for other reasons in our sole discretion. If applicable, we will provide you with notifications and such changes shall be subject to the “Changes to the Terms and Blink Services” Section below.

  5. 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 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 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. Without prejudice to your statutory rights, 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 does not offer a monitored security service or an emergency notification service. You understand that Blink will neither monitor emergency notifications nor dispatch 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.

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 Blink Services or other features of your Blink Device. We are not responsible for the unavailability of wireless data services or any corresponding loss of Blink 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.

GENERAL

Suspensions and Termination. We may terminate your rights under this agreement if you fail to comply with any of its terms. We may terminate the agreement or restrict, suspend, or terminate your use of your Blink account and/or all your Blink Services at any time if your behavior gives justified reason to do so, including if we determine that your use violates the Terms, 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. We will notify you in such case and, following your response and review of the facts, we have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms and revoke your access to the Blink Services. If your use of your Blink account or Blink Services is restricted, suspended, or terminated, you may be unable to access your video clips. In case of termination, Blink may immediately revoke your access to Blink Services. Blink’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of its rights.

Our liability; Applicable law. Any dispute or claim arising from or relating in any way to the Terms is subject to the Applicable Law and Our Liability sections in the Amazon Conditions of Use. References in those sections to the Conditions of Use or “these conditions” shall, for the purposes of these Terms only, be interpreted as referring to these Terms. Nothing in these Terms limits or excludes our responsibility to you where it would be unlawful to do so. This includes responsibility for fraudulent representations made by us, for death or personal injury caused by our negligence, or for breach of your legal rights and legal rights in relation to the Blink Service.

Privacy and other laws applicable in your jurisdiction may impose certain responsibilities on you and your use of the Blink Services. You agree that it is your responsibility, and not the responsibility of Blink, to ensure that you comply with any applicable laws when you use the Blink Services, including but not limited to:

(1) any laws or regulations relating to the recording or sharing of video or audio content,

(2) any laws or regulations requiring that notice be given to or that consent be obtained from third parties with respect to your use of the Blink Services (for example, laws or regulations requiring you to display appropriate signage advising others that audio/visual recording is taking place),

and/or

(3) any laws or regulations requiring (a) that installation of any Blink Device which takes visual and/or audio recordings be installed at such an angle that it does not take any recordings beyond the boundary of your property (including public pavements or roads); and (b) that, if you use your property as a workplace, you comply with laws governing the monitoring of employees.

If your use of the Blink Services or any Blink Devices is prohibited by applicable laws, then you aren’t authorized to use the Blink Services or Blink Devices. We can’t and won’t be responsible for your using the Blink Services or any Blink Devices in a way that breaks the law.

Changes to Terms and Blink Services. We may change these Terms or Blink Services from time to time, such as for legal, regulatory, technical, operational or commercial reasons. Changes to the Blink Services might, for example, be made for security reasons, to enhance existing features, to add additional features, or to ensure the ongoing operability of the Blink Services. Changes to these Terms might, for example, be made to reflect the addition of new features.

If we change these Terms or Blink Services, we will inform you, for example, by posting an update or placing a notice on the Blink website, notifying you through the Blink Services, by sending you an email, or by some other means.

If you do not reject the changes before they come into effect, you will be deemed to have agreed to the changes. You may reject the changes by deleting your account. If the change relates only to a paid subscription you may reject these changes by cancelling your subscription at no additional cost to you at any time.

We may suspend or discontinue the Blink Services or any part of the Blink Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Blink Services. If we discontinue paid Blink Services in their entirety, we will give you a prorated refund of any fees paid for the billing period of your subscription.

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

OUR ADDRESS

Immedia Semiconductor, LLC
100 Riverpark Drive
North Reading, MA 01864

Amazon Digital UK Limited
1 Principal Place,
Worship Street,
London, EC2A 2FA