Last Updated: Jan 2024
This Membership Agreement sets forth the terms and conditions on which Pleasant Systems (a Division of Drive Headquarters, Inc., herein as "Pleasant Systems, "DriveHQ", or "We") offers products and services to registered users ("Member", "You" or "User") of Pleasant Systems.com.
Note this agreement does not apply to DriveHQ.com users.
PLEASE READ THIS MEMBERSHIP AGREEMENT CAREFULLY BEFORE REGISTERING TO BECOME A MEMBER. YOU WILL BE REQUIRED TO ACCEPT THIS AGREEMENT TO BECOME A MEMBER.
1. Terms
The Membership Agreement is comprised of:
(a) All terms and conditions set forth herein;
(b) Legal notices and trademarks;
(c) DriveHQ and Pleasant Systems Privacy Policy.
(d) Subscription Service Agreement for paying members
In light of the evolving nature of cloud-based services, Pleasant Systems may post a notice on the Site, or broadcast messages through the Service, to inform you of changes to this Membership Agreement, the Service, or other matters of importance. Such posting or broadcast will constitute notice to you. Any amendment to the Membership Agreement shall be effective upon posting of the notice, or broadcast of the message. Your continued use of the Service after such notice or broadcast will reaffirm your agreement to be bound and to abide by this Membership Agreement as amended.
2. The Service
The term "Service" includes all functionality made available by Pleasant Systems on or through the website, software, mobile apps, and Pleasant Systems API. Pleasant Systems mainly offers cloud-based storage space for IP cameras and other security devices. Pleasant Systems may add to, delete from, or modify the Service. Unless explicitly stated otherwise, any new products, services, information, software, or other features that augment or enhance the current Service, will be subject to this Membership Agreement.
3. Membership Requirements
To use the Service, you must be over the age of 14. You must first register as a Member. You agree to provide accurate information, as prompted by the registration form, including an accurate email address where you can be contacted. Each Member is allowed to have only one Membership. Membership is intended for personal or business use and is non-transferable. You must choose a password. You are responsible for any activity that occurs under your user ID. You agree to immediately notify Pleasant Systems of any unauthorized use of your user ID or other breach of security to the Service. You may use the Service only for legitimate personal or business use.
4. Hardware and Bandwidth Requirements
Cloud surveillance and storage services require at least one surveillance device. Pleasant Systems supports the following protocols: FTP, SFTP, SMTP, SMTP over SSL, and FTP over SSL. Most IP cameras are compatible with our service. It is the Members' responsibility to obtain a secure, high-quality, and compatible IP camera or other surveillance device. Members may also use our Mobile Security Camera app or Virtual Security System software as an IP camera.
Uploading IP camera images or video clips to the cloud may require a lot of network bandwidth. A High-speed Internet connection is required to use our service. Members must make sure to have enough bandwidth, esp. the upload bandwidth.
If you use Wi-Fi, you also need to make sure that all devices are within the Wi-Fi range and that your Wi-Fi network is not congested. If you must place a camera in a location that is out of the Wi-Fi range, you can connect the camera to the router using an Ethernet cable, or a Wi-Fi range extender may also work.
Pleasant Systems shall not be responsible for any service or security issues caused by your device or your network.
5. Private Cameras; Shared or Published Cameras
"A Camera" is a folder on Pleasant Systems.com that contains images or video clips uploaded by your camera or Pleasant Systems camera app. "A Private Camera" is a folder on Pleasant Systems.com that you have not shared or published to other users. To access recorded data in a Member's private camera, the Member must log on with his/her Pleasant Systems username and password.
"A Shared or Published Camera" is a folder on Pleasant Systems.com that a Member has shared to certain people or published for anybody to access.
If you share or publish a camera, you must ensure that all recorded content is appropriate for sharing or publishing. Additional download bytes might be required if you have a lot of users viewing your cameras or downloading the recorded data.
You agree not to transmit, upload, display, publish, or distribute through any part of the Site, any camera data that:
(a) Contains scenes that you don't have the complete right to monitor or record;
(b) Interferes with the privacy rights of any person, or impersonates any person;
(c) Contains violent, pornographic, or other offensive or inappropriate scenes.
(d) Uses materials of others that are protected by copyright, trademark or trade secrets, patent, or other intellectual property law without the express permission of the author or owner;
(e) Violates anyone's copyright, moral rights, author's rights, trade secrets, trademark rights, patent, or other intellectual property or other rights;
6. Price and Payment
Pleasant System's service price is dependent on the following parameters: (a) Recording type: Image recording or video recording; (b) Image/video resolution; (c) Retention days; (d) Motion-triggered recording or continuous recording; (e) Number of camera licenses. "Number of camera licenses" means the number of cameras that can be configured to upload data to Pleasant Systems servers.
After you order a subscription, please make sure your cameras are configured not to exceed the parameters of the order.
Pleasant Systems service is billed monthly or annually. If you ordered a subscription or multiple subscriptions, you are responsible for making service payments on time. Pleasant Systems offers a 1-month grace period. If your account is past due for over 1 month, Pleasant Systems may apply a late fee of $10, or 1 month of your service fee, whichever is smaller. Pleasant Systems may also limit your service features.
To avoid service disruption, it is recommended to use Automatic Debiting.
7. Service Upgrade, Downgrade, Cancelation and Refund Policy
Pleasant Systems offers a free trial service or limited free service to Members. Pleasant Systems does not offer any technical support after free trial service expires. Free trial service or free service is limited to one camera license only. Users should try the free service first before ordering a subscription. Pleasant Systems does not offer refunds after a charge has been applied. Based on the circumstance, Pleasant Systems may offer a service credit that can be used on both Pleasant Systems.com and DriveHQ.com.
If you need more camera licenses or need to configure cameras with higher parameters, you can order a new subscription. If you want to Upgrade / Downgrade an existing subscription, you can do so by logging on to www.Pleasant Systems.com. From the Subscribe page, click "Current Subscriptions" to see a list of subscription plans. You can select a plan to upgrade or downgrade. (Note the steps may change in the future)
To cancel a subscription, you can select a plan in the "Current Subscriptions" page, and then click Cancel to cancel it. You must ensure that you have deleted your cameras online and that your cameras are re-configured so as not to connect to Pleasant Systems cloud servers. Otherwise, your cameras will still use Pleasant Systems server resources and your cancelation is not considered complete.
You shall cancel a subscription by yourself; Pleasant Systems support staff cannot help because you must delete your cameras and the recorded files, and reconfigure your cameras not to connect to Pleasant Systems servers.
8. Billing
Pleasant Systems service is billed monthly or annually. Ordering an annual service may save you two months of service fees per year in some cases.
Ordering a new subscription does not automatically cancel an old subscription. The new subscription will be added to your existing subscriptions, and you will be charged for each subscription. You can cancel your old subscriptions online at any time.
Your monthly billing date is the day of the month when you signed up for a free account. Your billing date will not change regardless of the number of orders, cancelations or upgrades. If a subscription is not ordered on your billing date, then your first billing date will be in less than one month. Pleasant Systems will automatically apply a partial-month credit so you will not be overcharged.
To avoid service disruption, we recommend using Automatic Debiting. Pleasant Systems supports major credit cards and PayPal. We also support checks, bank wires and ACH if the payment amount is over $100.
9. License Grant and Intellectual Property Rights
Pleasant Systems will not assume any copyright or ownership of content recorded or uploaded by members.
For your Private Camera content, you grant Pleasant Systems and its contractors the right to access your Private Camera content only for customer support or improving site operations, and complying with applicable laws.
Concerning your Published Camera content, you grant Pleasant Systems the right for Pleasant Systems and third parties to access or view the portions of your Published Camera content. You can stop publishing any content or delete your content at any time.
You acknowledge and agree that certain technical processing or reformatting of your Camera Content may be required to improve system performance or for other technical reasons.
As between Pleasant Systems and you: you will own all your recorded data in all camera folders, whether you share / publish the camera or not. You can delete, stop sharing/publishing your cameras at any time;
Pleasant Systems owns all rights, title and interest (including all intellectual property rights) in and to the Site, the Service, the technology, information, documents, files, web pages and other products developed in connection with the Site or available on the Site.
You agree not to translate, reverse engineer, reverse compile, disassemble, or create derivative works from software programming contained in the Site or the Service.
10. Member Profiles
Member Profiles are intended to be brief descriptions of Members' interests and contact information. Any information you place on your Member Profile is inaccessible to anyone visiting the Site, unless you have shared or published it, or you are a sub-user of a group account. You agree not to attempt to hide your identity or represent yourself as someone else.
11. Responsibility for Private Camera contents
Pleasant Systems does not as a policy review or screen any image or video files uploaded to a private camera folder unless we have sufficient reason to believe the account has been hacked or violates our service terms.
You are solely responsible for the Camera Content that you record to Pleasant Systems cloud storage. You agree not to use the Service for illegal purposes. Your use of the Service is subject to all applicable local, state, national, and foreign laws and regulations, and international treaties.
You represent and warrant that (a) you have the right to enter into this Membership Agreement without any other approvals; (b) you have the right to monitor, record, upload, share, publish, and view the Camera contents linked to your Pleasant Systems user ID; (c) you have the right to grant the licenses granted herein; and (d) the use by Pleasant Systems of the rights that you grant Pleasant Systems in this Membership Agreement will not violate the rights of any third parties, including without limitation your employer and your clients.
12. Responsibility for Shared or Published Camera contents
You agree not to share or publish images or videos that:
(i) Contain or display any expression of bigotry, racism, or hatred, or is ethnically offensive, objectionable or inappropriate;
(ii) Is or might be perceived by Pleasant Systems or Pleasant Systems members or users, as defamatory, libelous, disparaging, obscene, pornographic, profane, threatening, abusive, deceptive, offensive, vulgar, ethnically offensive, objectionable, or inappropriate, including nudity, adult content, illegal content, content of a sexual nature, and unacceptable language;
(iii) Is inconsistent with the values or the spirit of the Pleasant Systems Community, as determined by Pleasant Systems in its sole discretion;
13. Illegal Activities
It is Pleasant Systems's policy to report suspected illegal activities to law enforcement agencies and to cooperate fully with their investigations
14. Warranty, and Disclaimer of Warranty
The Service and the Site, including all content, products, software, apps, services, and information made available or accessed through the Site, are provided "AS IS", with no warranties of any kind. Uploading recorded data to the Pleasant Systems cloud server is at your own risk and in your sole discretion.
Pleasant Systems makes no representation or warranty of any kind
(a) that the Site or Service will meet your requirements;
(b) that defects in the software for the Service will be corrected;
(c) that the Service will be timely, secure, error-free, and uninterrupted;
(d) that the Service or any content, product, services, or information on the Site are accurate, correct, reliable or complete;
(e) that recorded camera data will be available for access or download at all times or indefinitely;
Pleasant Systems expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose or non-infringement of any products, content, information, or service published on, or available through the Site or the Service.
Some jurisdictions do not allow the exclusion of certain warranties, if so, some of the above exclusions may not apply to you.
15. Disclaimer of Damages; Limitation of Liability
Even if Pleasant Systems or any of its authorized representatives have been advised of the possibility of such damages, under no circumstances (including but not limited to Pleasant Systems's negligence), shall Pleasant Systems be liable for any direct, indirect, consequential, incidental, special or punitive damages for any claim, loss and/or causes of action, whether in contract, tort (including but not limited to negligence) or otherwise. related to:
(a) the quality, reliability, accuracy, completeness, security, of the Service;
(b) any modification, publication, display, deletion, failure to store, failure to delete, or loss of access that results from your use of the Site or the Service;
(c) any harm, errors, omissions, cost, losses, or damages arising from the use of, or inability to use (whether because of interruption, suspension, termination, or otherwise) of the Site or the Service.
(d) any failures, delays, misdeliveries, or interruptions in the Service;
(f) any unauthorized access to or alteration of recorded data; or
(g) the cost of procurement of any substitute goods or services.
Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, and therefore, the above limitation may not apply to you. Some Members may have additional rights.
If, despite the above limitations, Pleasant Systems were found responsible to a Customer for any reason whatsoever, this liability shall not exceed 2 months of service fees.
16. Privacy
It is Pleasant Systems's policy to respect the privacy of all of its customers. For more information, please see our full privacy policy .
17. Accessing Published Camera content and Site content
Domestic and foreign copyright, trademark, patents, and other intellectual property rights laws international treaties, and other laws, protect all material, data, text, images, photos, video, graphics, music, sound, and audio files available on the Site ("Site Content"), both as individual works and as a collection. Unless authorized, you may not copy, reproduce, display, perform distribute, or create derivative works from the Site Content, without being expressly authorized to do so by the owners of the intellectual property or proprietary rights in such Content.
You may download or use individual files that are available in the Published Cameras area of the Site only for personal and non-commercial use. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any content in a Published Camera in any format, electronic or.
18. Copyrighted Material
Pleasant Systems respects the intellectual property of others, and requires that its users and Members do the same.
You may not place any material protected by copyright anywhere on the Site without the express permission of the author or owner of the copyright in that material.
Pleasant Systems will promptly take down or block access to infringing or allegedly infringing material on its servers if Pleasant Systems becomes aware that such material infringes the copyright rights of a third party, whether Pleasant Systems identifies such infringement in the course of its ordinary and reasonable business activities, or through notification by a third party. Pleasant Systems will promptly contact the Member responsible for the Member Content, and alert him or her of the allegations of infringement, and of Pleasant Systems's takedown or blocking of the allegedly infringing material. If the Member believes that the removal or blocking of his or her material was a result of a mistake or a misidentification of the material, the Member shall provide Pleasant Systems a counter-notification establishing the Member's rights to display the material in question, as well as any other information Pleasant Systems shall request. Upon receipt, Pleasant Systems will promptly forward the counter-notification to the party that claims to be the copyright owner. If that party then does not file suit to enjoin the alleged infringement, Pleasant Systems will re-post or unblock the material within 14 days after receiving the counter-notification.
If you believe that your work has been copied in a way that constitutes copyright infringement and appears on the Site, please provide Pleasant Systems with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner
19. Indemnity
You are responsible for your Camera Contents and the consequences of its use and publication, you agree to indemnify and hold Pleasant Systems, its parents, subsidiaries, affiliates, officers, employees, licensors, contractors, and users harmless from and against any claims, demands, and expenses, including attorneys' fees, made by any third party, due to or arising from (a) your use of the Site or the Service; (b) your violation of this Membership Agreement; (c) your violation of a third party's privacy rights; (d) your violation or infringement of a third party's copyright, trademark, trade secret, patent, or other intellectual property rights; (e) any libelous or unlawful material contained within your Member Content.
20. Force Majeure
Pleasant Systems is not liable for any service issues resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, failure of the Internet, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts, non-performance of third parties, distributed denial of service attack.
21. Termination of Service
If you object to any portion of this Membership Agreement, or any subsequent modification thereto, or become dissatisfied with the Service, the Site, or any text, images, video, audio or other Site Content, or any transaction entered into through the Site or Service, your only recourse is to immediately discontinue use of the Service and notice Pleasant Systems of such termination. The preceding sentence sets forth your sole and exclusive remedy regarding any objection to the terms of this Membership Agreement or any dissatisfaction with the Service or the Site.
For free service users, Pleasant Systems reserves the right, in its sole discretion, to temporarily disable or terminate your Service (which includes editing, deleting, or removing any postings from the site) with or without notice, with or without cause, and without liability of any kind. Pleasant Systems may also disable a paying member’s service if they are suspected or guilty of violating these Terms. Reasons for suspending service include but are not limited to:
Paying members can cancel their subscriptions online at any time without contacting Pleasant Systems customer support. After canceling the subscription(s) online, the member shall reconfigure or stop his/her cameras so that they no longer connect to Pleasant Systems servers.
Free service members can delete their Pleasant Systems accounts by first deleting all camera folders in their Pleasant Systems accounts. Actual Account Deletion for free service members will be processed later in batch operations. Free service members can also delete their accounts online or contact Pleasant Systems customer support via email.
Pleasant Systems may, in its sole discretion, require Free Service Members to log on periodically to maintain account Active Status. If a Member does not log on for over 3 months, Pleasant Systems may deem the account as inactive. Such accounts may be deleted, or files and emails in the accounts be deleted. Paying members with good account status are exempted from this requirement.
If in a rare case Pleasant Systems terminates a Paying Member's membership without the user breaching this Agreement, Pleasant Systems shall provide at least 3 months' advanced notice. Such notice is not required if the member breached the service agreement, or if the member engaged in any illegal activities.
Pleasant Systems has a standard no-refund policy. Members are recommended to use the 3-day free trial before paying for the service. Members can also order monthly service vs. annual service to minimize the risk. The no-refund policy is created to prevent service abuses and lower operational cost so that Pleasant Systems can pass the cost-savings to its customers. Members can request a service credit if they have unused credit of more than one month. The unused service credit can be used later, or transferred to another Pleasant Systems member or DriveHQ member.
If in a very rare case, Pleasant Systems terminates a Paying Member's membership without the Member breaching this Agreement, Pleasant Systems shall offer a prorated refund to the member. If in a very rare case, Pleasant Systems terminates a Free-Service user's membership without the user breaching this Agreement, Pleasant Systems shall allow the user to download its contents, if the content has not been automatically deleted.
If a free service member has not logged on to the service for over 2 years, it is considered the member has abandoned the account. Pleasant Systems reserves the right to take any actions to the account and the contents in the account.
22. Notices & Questions
All notices from a Member to Pleasant Systems shall be in writing and shall be made or delivered to Pleasant Systems via email or conventional mail.
If you have any questions about the Service or this Membership Agreement, please feel free to contact us at support@Pleasant Systems.com.
23. Choice of Law
This Membership Agreement shall be constructed and controlled by the laws of the State of California, excluding its conflict of law provisions. Except for Pleasant Systems's rights to pursue injunctive relief in any court of competent jurisdiction, you agree to submit to the exclusive jurisdiction of the state and federal courts of the State of California.
24. General
This Membership Agreement constitutes the entire agreement between you and Pleasant Systems concerning the Service; and your Camera contents, and it supersedes any other agreement, proposals, and communications, written or oral, between you and any Pleasant Systems representatives concerning the Service and your Camera contents.
If a court of competent jurisdiction holds that any provision of this Membership Agreement is illegal, unenforceable, or contrary to law, such provision shall be construed, as nearly as possible to reflect the original intent of this Membership Agreement, with the other provisions remaining in full force and effect.
Any failure by Pleasant Systems to exercise or enforce any right or provision of this Membership Agreement shall not constitute a waiver of such rights or provision unless Pleasant Systems acknowledges and agrees to it in writing.
Pleasant Systems may assign this Membership Agreement to any third party at its sole discretion. You shall not assign or sublicense the rights granted under this Membership Agreement without the prior written authorization of Pleasant Systems.
You and Pleasant Systems agree that any cause of action arising out of, or related to the Service or the Site must commence within one (1) year after the cause of action arose, otherwise, such cause of action is permanently barred.
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