Terms of Use

These Terms of Use (the "Terms") are an agreement between you and ZURU Tech Italy S.r.l., Via Sandro Sandri 1, 20121 Milano (MI), Italy ("ZURU", "we", "us"). They govern your use of the Octopus Home mobile app (the "App") and the services we provide through it (the "Services").

Please read these Terms carefully before you use the App. Clauses that limit our responsibility or your rights are shown in bold. The App asks you to accept these Terms and our Privacy Policy before you can use it. By tapping "Agree" you confirm that you have read and accept them. If you do not agree, do not use the App.

Nothing in these Terms takes away rights you have under the consumer laws of the country where you live that cannot be excluded by contract. Section 10 explains this for New Zealand, Australia and the European Union.

01Definitions

• App — the Octopus Home mobile application for iOS and Android, published by ZURU, including its updates.
• Camera — a compatible ZURU Octopus security device you add to the App: the Indoor camera (pan and tilt), the Outdoor camera (including battery and floodlight models) and the Video doorbell. Compatible models are listed at octopushome.com.
• Services — everything we provide through the App, described in Section 2, including the cloud services that connect the App to your Cameras.
• Account — your Octopus account, identified by your email address.
• Content — video, audio, pictures, event records and other data your Cameras capture or the App saves.
• Platform Provider — Tuya, the IoT cloud platform and software development kit the App and Cameras use to connect, stream and send alerts (Section 7).

02The App and the Services

The App lets you set up, watch and manage your Cameras. Depending on the Camera model, the Services include:

• adding a Camera by Bluetooth or QR code and connecting it to your 2.4 GHz Wi-Fi;
• live view with sound, full screen, zoom, and pan and tilt with saved positions;
• taking pictures and recording clips to your phone's photo library;
• two-way talk through the Camera;
• motion, person, sound and other detection alerts, sent as phone notifications;
• doorbell ring alerts that let you answer, see and talk to a visitor;
• an events timeline, a message centre and playback of recordings stored on the Camera's SD card;
• Camera settings such as privacy mode, night vision, detection, siren, floodlight and SD-card recording.

Which features are available depends on your Camera, its firmware, your phone and your internet connection. We may add, change or remove features over time (Section 9).

Cloud video storage is not part of the Services covered by these Terms. If we offer it later, it will come with its own terms, which you will be asked to accept separately.

03Your Account

3.1You need an Account to use the App. You sign in with your email address and a one-time code we send to it. There is no password. When you sign up you also choose your country. It decides where your data is stored, as explained in the Privacy Policy, and cannot be changed later.

3.2You must be at least 18 years old, or the age of majority where you live, to create an Account.

3.3Give us an email address you control and keep it secure. Anyone with access to your email can sign in to your Account and see your Cameras. You are responsible for activity on your Account unless it results from our failure to take reasonable care. If you think someone else has accessed your Account, tell us at privacy@octopushome.com straight away.

3.4Logging out removes access to your Cameras from that phone. Your Account and Cameras stay in place.

3.5You can delete your Account at any time in the App (Account → Delete account). This unbinds all your Cameras and closes the linked account with our Platform Provider. Deletion is permanent. Event records and settings linked to your Account cannot be recovered. Pictures and clips you saved to your phone stay on your phone. We handle any remaining personal data as described in the Privacy Policy.

3.6A Camera can be linked to one Account at a time. To move a Camera to another Account, remove it in the App first and reset it.

04Licence and restrictions

4.1We give you a personal, non-exclusive, non-transferable, revocable licence to install and use the App on phones and tablets you own or control, to use your Cameras for personal, household or small-business purposes, in line with these Terms and the rules of the app store you downloaded it from.

4.2The App, its design and its software belong to ZURU or our licensors. Apart from the licence above, these Terms give you no rights in them.

4.3You must not:

• copy, modify, reverse engineer or decompile the App, except where the law allows it despite this restriction;
• sell, rent, sublicense or distribute the App, or offer the Services to others as a commercial service, without our written permission;
• use unofficial or modified versions of the App;
• access our servers or another person's data or Cameras without authorisation;
• overload or interfere with our servers or networks, including by automated means;
• upload or spread malware, or use the App to break the law.

4.4You keep all rights in your Content. We use it only to provide the Services and as described in the Privacy Policy.

05Important safety notice

06Recording people and acceptable use

6.1Your Cameras can record video and audio of people, including visitors, neighbours, passers-by, workers and guests. You are responsible for using your Cameras lawfully. Privacy, surveillance and recording laws differ between countries and states. Depending on where you live, they may require you to:

• point Cameras at your own property and avoid filming neighbours' homes, gardens or the street more than you need to;
• tell people they are being recorded, for example with a sign, and get consent before recording audio;
• follow extra rules if you record employees, tenants or the public;
• keep, use and share recordings only for legitimate purposes.

6.2Use privacy mode, privacy zones, detection zones and the microphone settings to limit what your Cameras capture. We do not check how you use your Cameras.

6.3You must not use the App or your Cameras to spy on, harass, stalk or intimidate anyone; record people in places where they expect privacy, such as bathrooms or bedrooms of others; or share Content that is unlawful, infringes someone's rights, or is abusive, obscene or defamatory.

6.4If you break the law or these Terms when using your Cameras, you are responsible for the consequences. That includes claims by people you recorded, to the extent the law allows.

07Third-party services

7.1The Services rely on third parties, including:

7.2We choose these providers carefully and have agreements with them, but we do not control their services and are not responsible for their outages or failures, except to the extent caused by us. We may replace a provider with another that offers a similar service.

7.3Your use of an app store is also governed by that store's own terms.

08Privacy

Our Privacy Policy explains what personal data we collect through the App, why, who we share it with, and your rights. It forms part of these Terms. If the two documents conflict about personal data, the Privacy Policy applies.

09Updates, availability and support

9.1We update the App and Camera firmware to fix problems, improve security and add or change features. Some updates are needed to keep using the Services. Firmware updates may be delivered through our Platform Provider.

9.2We will provide security updates for the App and the Cameras until at least 17 July 2028, in line with our published security commitment. We may keep supporting them after that date. Report security vulnerabilities to privacy@octopushome.com.

9.3We aim to keep the Services available, but they may be interrupted for maintenance, by faults, or by events outside our reasonable control. We do not promise uninterrupted or error-free Services.

9.4We may stop offering the App or the Services. If we do, we will give you at least 90 days' notice in the App or by email, unless we must stop sooner for legal or security reasons.

10Your consumer rights

10.1These Terms do not exclude, restrict or change any right or remedy you have as a consumer that the law says cannot be excluded. Where these Terms limit our responsibility, they do so only as far as the law allows. In particular:

• New Zealand: you have rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. If you use the App for business, you agree that the Consumer Guarantees Act does not apply, to the extent the law allows.
• Australia: our goods and services come with guarantees under the Australian Consumer Law that cannot be excluded. If a guarantee is not met, you may be entitled to a repair, replacement, refund, resupply of the service or compensation.
• European Union: you have the legal rights for digital content and services, including that the App conforms to these Terms and receives the updates needed to keep it conforming and secure. You also keep the protection of the mandatory consumer laws of the EU country where you live.

10.2Rights relating to the Camera hardware, such as warranties and returns, are set out in the product's warranty and the retailer's terms. These Terms cover the App and the Services.

11Disclaimers and limitation of liability

Subject always to Section 10:

11.1The App is provided free of charge and "as available". To the extent the law allows, we give no promises about the App or the Services other than those in these Terms.

11.2We are not responsible for loss or damage caused by: events outside our reasonable control, such as power or internet failures, natural disasters or cyberattacks on third parties; your phone, Wi-Fi or mobile network; someone using your Account because your email was compromised without our fault; your use of the Cameras in breach of Section 6; or Content you deleted or did not save.

11.3To the extent the law allows, we are not liable for indirect or consequential loss, or for loss of profit, business or data, and our total liability to you for all claims about the App and the Services is limited to the greater of EUR 100 and the amount you paid us for the Services in the 12 months before the claim.

11.4Nothing in these Terms limits liability for death or personal injury caused by our negligence, for fraud, for gross negligence or wilful misconduct, or any other liability that cannot be limited by law.

12Suspension and termination

12.1You can stop using the App at any time. Deleting your Account (Section 3.5) ends these Terms.

12.2We may suspend or close your Account if you seriously or repeatedly break these Terms, if your use puts other users, our systems or the public at risk, or if the law or an app store requires it. Where reasonable, we will tell you first and give you a chance to fix the problem.

12.3When these Terms end, your licence to use the App ends. Sections 6.4, 10, 11 and 14 continue to apply.

13Changes to these Terms

13.1We may update these Terms to reflect changes to the App, the Services or the law. We will publish the new version on this page with its effective date.

13.2For changes that affect you materially, we will tell you in the App before they take effect and ask you to accept the new Terms. If you do not accept them, you can stop using the App and delete your Account. You will not be able to use the App under the new version until you accept it.

14Governing law and disputes

14.1These Terms are governed by the laws of the Hong Kong Special Administrative Region.

14.2If you have a problem, please contact us first at hello@octopushome.com so we can try to resolve it informally.

14.3If it is not resolved within 60 days, either of us may refer the dispute to arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration is Hong Kong. The language is English.

14.4If you are a consumer, Sections 14.1 and 14.3 do not take away:

• the protection of the mandatory laws of the country where you live (Section 10);
• your right to bring a claim in the courts of the country where you live, or before a small-claims tribunal, consumer dispute body or regulator there, such as the New Zealand Disputes Tribunal, an Australian state or territory tribunal, or an EU national consumer dispute resolution body.

14.5If a court or arbitrator finds part of these Terms invalid, the rest stays in effect.

15App store terms

15.1If you downloaded the App from the Apple App Store:

• these Terms are between you and ZURU only, not Apple, and ZURU, not Apple, is responsible for the App and its content;
• your licence is limited to Apple-branded devices you own or control, as allowed by the App Store Usage Rules;
• Apple has no obligation to provide maintenance or support for the App;
• if the App does not conform to an applicable warranty, you may notify Apple, and Apple may refund any purchase price; to the extent the law allows, Apple has no other warranty obligation for the App;
• ZURU, not Apple, is responsible for any claims about the App, including product liability, failure to meet legal or regulatory requirements, consumer protection, privacy, and claims that the App infringes someone's intellectual property;
• you confirm that you are not located in a country subject to a U.S. Government embargo, and are not on a U.S. Government list of prohibited or restricted parties;
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

15.2If you downloaded the App from Google Play, the Google Play Terms of Service also apply to your use of Google Play.

16General

16.1These Terms, together with the Privacy Policy, are the whole agreement between you and us about the App and the Services.

16.2We may transfer our rights and obligations under these Terms to another company in the ZURU group, or to a buyer of the Octopus business, if your rights under these Terms are not reduced. You may not transfer yours without our written consent.

16.3If we do not enforce a right straight away, we can still enforce it later.

16.4These Terms are written in English. If we provide a translation, the English version applies unless the law where you live says otherwise.

17Contact us