Nycto User Agreement

Please read this Agreement carefully. Bigeyes Innovation Limited (hereinafter referred to as "we," "us," or "our") will provide you with the Nycto mobile application and related services (collectively referred to as "Nycto" or the "Services") in accordance with this Agreement. Nycto is used to connect and manage multiple compatible night vision device products.

The terms and conditions set forth in this Agreement apply when you download, install, access, or use Nycto.

Nycto provides services to you in accordance with this Agreement and its subsequent updates.

If you do not agree to any terms of this Agreement, please do not register for, access, or use Nycto. By clicking "Agree," completing registration, or actually using Nycto, you represent that you have read, understood, and agreed to accept all the terms of this Agreement.

2.1 Service Content

Depending on the actual product version, Nycto provides features including connection and management of compatible night vision devices, real-time live preview, in-device video playback and download, OTA firmware checking and upgrading, account management, customer support, and other features displayed within the application. Supported features may vary across different night vision device models. Specific features, compatible devices, conditions of use, and operating methods are subject to the actual product, application version, and in-app instructions you use.

2.2 Conditions of Use and Fees

You are responsible for preparing the mobile phone, supporting or compatible equipment, network connection, and other software and hardware required to use Nycto, and for bearing the costs of equipment purchase, data traffic, and network services, unless expressly agreed otherwise.

Certain features require you to grant system permissions such as Photos or Media, Local Network, Wi-Fi, or Location. Refusing or revoking relevant permissions may result in the corresponding features being unavailable.

2.3 Service Maintenance and Changes

We may modify, suspend, or terminate certain features of Nycto based on product updates, technical upgrades, operational arrangements, security needs, or applicable legal requirements.

Nycto may be temporarily unavailable due to system maintenance, equipment failure, network interruption, wireless interference, or other reasonable causes. We will make reasonable efforts to minimize the impact and restore services.

For service changes or terminations that have a material impact on your rights and interests, we will notify you in advance via in-app notifications, email, or other reasonable means, except in cases of emergency security measures or as otherwise provided by applicable laws.

2.4 Safe Use

The connection, real-time preview, video playback, video download, and OTA firmware upgrade between Nycto and the night vision device may be affected by factors such as the night vision device model, firmware version, operating system, network environment, wireless interference, battery level, and storage space. Please operate the night vision device in accordance with product instructions and in-app prompts.

The real-time preview feed may experience latency, interruption, or display discrepancies due to network conditions, wireless interference, or device performance. Please make judgments in conjunction with the on-site environment, and do not rely on the display screen in Nycto as the sole basis for matters involving personal or property safety.

Once Nycto successfully connects to the night vision device, the physical buttons of the night vision device will be temporarily locked, and the device will display "Please operate on the App" or a similar prompt. If you need to operate the device via its physical buttons, please disconnect Nycto from the night vision device first.

When performing an OTA firmware upgrade, please follow the in-app prompts. Avoid powering off the night vision device or interrupting the connection during the upgrade process, as this may lead to upgrade failure or device malfunction.

Certain features of Nycto may require account registration. You should provide true, accurate, complete, and valid information as prompted on the page, and promptly update your information whenever it changes.

You are responsible for safeguarding your account and password. You may not assign, rent, lend, or sell your account, nor may you permit others to use your account to engage in activities that violate applicable laws or this Agreement.

If any loss occurs due to your voluntary disclosure of account information, account transfer, or failure to properly safeguard account credentials, you shall bear the corresponding legal liability. If you discover that your account has been used without authorization, your password has been leaked, or other security risks exist, please notify us immediately via the email address specified in this Agreement.

You may request account cancellation through the account management portal provided within Nycto (if available) or by contacting us at appdeveloper@nycto.com. Account cancellation is generally irreversible and may result in the inability to access associated content, settings, and service rights. Please back up any content you wish to keep before requesting cancellation.

You have the right to use the Services in accordance with the procedures and requirements provided by Nycto, and you may contact us regarding service-related issues.

When using Nycto, you shall comply with applicable laws, this Agreement, and public order and good morals, and shall not perform or assist others in performing any of the following acts:

You are legally responsible for activities conducted through your account and for content you actively upload, transmit, store, or share. When using the device for photographing, audio recording, video recording, or processing others' personal information, you shall comply with applicable laws and obtain consent from relevant individuals where required.

If you violate this Agreement or applicable laws, we may take necessary measures based on the nature and impact of your conduct, including issuing warnings, restricting features, suspending or terminating services, freezing or canceling accounts, and deleting illegal content. Except in situations requiring immediate action to prevent escalating damage, protect user safety, or fulfill statutory obligations, we will make reasonable efforts to explain the reasons and provide appeal channels.

You retain your corresponding rights in and to the photos, videos, text, feedback, and other content for which you legally own rights.

To provide features such as real-time preview, playback, transmission, download, saving, or customer support according to your instructions, you grant us a non-exclusive license strictly limited to what is necessary for providing the relevant services. This license does not alter the ownership of the relevant content.

You warrant that you have the necessary rights or legal authorization for the content processed or submitted through Nycto, and that such content does not infringe upon the legitimate rights and interests of others.

We will not acquire ownership of your content solely because you use Nycto, nor will we use your content for advertising or promotional purposes without authorization.

All intellectual property rights in and to Nycto's software, programs, interfaces, designs, text, images, audio, video, trademarks, logos, code, technologies, data arrangements, and other content are owned by us or relevant right holders, excluding user content in which you legally hold rights.

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to install and use Nycto solely for your personal or legitimate internal purposes.

Without express authorization from us or relevant right holders, you may not copy, modify, rent, sell, or distribute Nycto's software or content, create derivative works therefrom, or reverse engineer, decompile, disassemble, or attempt to derive source code, except where expressly permitted by applicable law that cannot be excluded by agreement.

If you believe that any content in Nycto infringes upon your legitimate rights and interests, please send proof of rights, the location of the relevant content, your contact information, and a statement of authenticity to appdeveloper@nycto.com.

We will take reasonable measures to maintain the security and stability of Nycto. However, due to existing technical limitations, network environments, and device differences, we cannot guarantee that the Services will be uninterrupted, error-free at all times, or fully compatible with all devices, systems, and network environments.

You should use Nycto and the night vision device in accordance with product instructions and in-app prompts, and back up important videos on your own. You shall bear corresponding legal liability for any losses caused by your breach of this Agreement, improper operation, intentional power disconnection or connection interruption during firmware upgrades, unauthorized device modifications, use of incompatible software or hardware, or network and device issues within your control.

To the extent permitted by applicable law, we will bear liability for service interruptions or losses caused by force majeure, public network failures, basic telecommunications service abnormalities, cyberattacks, government actions, or other events beyond our reasonable control, and make reasonable efforts to mitigate the impact.

Nothing in this Agreement shall exclude or limit any liability that cannot be excluded or limited under applicable law, nor shall it affect any consumer rights you may have under applicable law.

If your violation of applicable laws, this Agreement, or the legitimate rights and interests of third parties results in claims, penalties, or losses against us, you shall bear liability commensurate with your fault.

We value your privacy and the security of your personal information. For details on how personal information is collected, used, stored, shared, and protected, as well as how you may exercise your relevant rights, please read the Nycto Privacy Policy.

We may update this Agreement in accordance with service changes or applicable legal requirements. The updated Agreement will be published within Nycto or on relevant pages and will take effect as of the specified effective date.

If an update materially affects your rights and interests, we will notify you via in-app notifications, email, or other appropriate means. If you do not agree to the updated Agreement, you may cease using Nycto and apply to cancel your account. Your continued use of the Services after the updates take effect signifies your acceptance of the updated Agreement, unless applicable law provides otherwise.

If the performance of this Agreement is prevented or the Services are interrupted due to events that cannot be reasonably foreseen, avoided, or controlled, the affected party shall be exempt from liability to the extent permitted by applicable law. Such events include natural disasters, wars, riots, strikes, major public health emergencies, cyberattacks, telecommunications service disruptions, governmental actions, and other similar events.

The affected party shall make reasonable efforts to mitigate the impact caused by such events and resume performance when conditions permit.

The establishment, validity, performance, interpretation, and dispute resolution of this Agreement shall be governed by applicable laws. This Agreement will not exclude or limit any mandatory rights you may enjoy under the mandatory laws of your place of residence or the place where services are provided.

Any dispute arising out of or in connection with this Agreement or the use of Nycto shall first be resolved through friendly consultation between the parties. If no agreement can be reached through consultation, either party may seek resolution from a court or other dispute resolution institution having lawful jurisdiction.

Headings in this Agreement are for convenience of reference only and do not affect the meaning of any provision.

If any provision of this Agreement is held to be invalid or unenforceable, the validity of the remaining provisions shall not be affected. Such provision shall be interpreted or modified within the scope permitted by applicable law in a manner that most closely reflects its original intent.

Our failure to exercise or delay in exercising any right under this Agreement shall not constitute a waiver of such right.

This Agreement is established and takes effect when you agree to this Agreement or begin using Nycto, and shall remain in effect until you cease using the Services and all relevant rights and obligations have been fulfilled.

Service Provider: Bigeyes Innovation Limited

Contact Email: appdeveloper@nycto.com

If you have any questions, comments, complaints, or appeals regarding this Agreement or Nycto services, please contact us via the email address above.