VooV Meeting SERVICE AGREEMENT
Last Updated: [March 10, 2020]
PLEASE READ THESE TERMS CAREFULLY
BY USING THE APPLICATION AND/OR SERVICES YOU AGREE TO THESE TERMS AND CONDITIONS OF THIS VooV Meeting SERVICE AGREEMENT (THESE “TERMS”). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION and/or the Services.
WHO WE ARE AND WHAT THESE TERMS DO
Any reference to “we”, “us” or “Service Provider” in these Terms is a reference to First App Holdings Limited.
These Terms govern your use of the following application and services:
APPLICABLE VERSION OF THE TERMS
THESE TERMS APPLY TO YOU IF YOU ARE A USER OF THE APPLICATION AND/OR SERVICES AND THE JURISDICTION IDENTIFIED BY AND APPLICABLE TO YOU IS IN THE EUROPEAN ECONOMIC AREA OR THE UNITED KINGDOM. IF YOUR APPLICABLE JURISDICTION BELONGS TO ANY OF THE THESE CATEGORIES IN THE BELOW CHART, PLEASE REFER TO THE TERMS THAT APPLY TO YOU VIA THE CORRESPONDING LINKS LISTED BELOW.
Applicable VooV Meeting Service Agreement
The People’s Republic of China (solely for this purpose, excluding Hong Kong, Macau and Taiwan)
Any jurisdiction other than Singapore, the People’s Republic of China (solely for this purpose, excluding Hong Kong, Macau and Taiwan), the European Economic Area, the United Kingdom
Certain portions of the Services are limited to users who pay for the corresponding Services. For terms and conditions applicable to the paid “Professional Edition” of the Services, please refer to the Supplementary Terms on VooV Meeting Professional Edition Service, which are hereby incorporated into these Terms by reference.
You may have access to certain Services available to you as an authorized user of a corporate client or other organization. You acknowledge and agree that if you are authorized or otherwise have access to the Services available to such corporate client or organization, your access to such Services may be subject to a separate agreement between Service Provider and the applicable corporate client of the Services (“Subscription Agreement”). In the event of a conflict between these Terms and a Subscription Agreement, the terms of the Subscription Agreement will prevail and control with respect to your use of the Services as an authorized user of a corporate client or other organization.
BUSINESS OR PROFESSIONAL CAPACITY
You acknowledge that the Application and Services are intended solely for use for business and professional purposes, and you agree that your use or subscription to the Application and/or Services are conducted in a business or professional capacity.
1. YOU MUST BE OF CERTAIN AGE TO ACCEPT THESE TERMS AND USE THE APPLICATION OR SERVICES
1.1 You are required to create an account (an “Account”) to access and use the Application and/or Services.
2.1 The Services hereunder include the VooV Meeting Service and any other services to be provided by us from time to time via the Application.
· “VooV Meeting Service” refers to the service that enables a host to schedule and start meetings and to allow participants to join the meetings for the purpose of collaborating using voice, video, and screen sharing functionality, meeting management, etc. via the Application.
2.3 We reserve the right to set and amend maximum limits on the number of permitted attendees for any meeting organized using the VooV Meeting Service as necessary in light of the given capacity of the systems used for the provision of the Services.
3. YOUR ACCOUNT
3.1 Creating your Account. When creating an Account and a user identity (“User ID”) or using your WeChat ID (“WeChat ID”) to register an Account, you agree to: (i) provide true, accurate, current and complete information as requested (the “Account Information”) and (ii) promptly maintain and update such WeChat ID, User ID and your Account Information (as applicable) to keep it true, accurate, current and complete at all times. If the Account Information you provided is untrue, inaccurate, misleading or outdated, we have the right to suspend or terminate your access to, or use of, your Account.
3.2 Restrictions may apply to guest Account. If the Account you registered is a guest Account, certain functions and services may be restricted compared to functions that are available to a full Account. You agree to provide true information (such as your mobile phone number) as requested by us in order to create a guest Account.
3.3 You shall be solely responsible for your Account and User ID.
a. You, as the creator of your Account and User ID, are solely responsible for your Account and User ID. You are not permitted to create offensive or obscene User IDs, as determined by us in our reasonable discretion. If an Account violates any part of these Terms, we may temporarily, or permanently ban such an Account or charge the User ID associated with such Account. We may do so immediately without providing prior notice if necessary under the given circumstances to avoid risk or damage to the Application or Service, our systems or other users.
b. Please note that you are responsible for maintaining the confidentiality and security of your Account and password at all times, and you agree to notify us without undue delay if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. Unless you have observed all reasonably required confidentiality and security precautions regarding your Account and password, (i) you will be deemed as the person who uses the Account, and any acts made by the Account will be deemed as your acts, (ii) you are solely responsible for all activities and transactions that occur under your Account no matter who actually uses the Account, (iii) we are not responsible for any misuse of your Account, including without limitation in the event that your password is stolen or revealed to a third party and/or used for transactions and (iv) You agree to immediately notify us of any misuse of your Account or any other breach of security in relation to the Application or the Service known to you. You agree to accept all risks of misuse of and unauthorized access to your Account and to hold us and our affiliates harmless from and against any misuse of your Account or your User ID, including, but not limited to, improper or unauthorized use by someone to whom you revealed your password.
a. Please note that we reserve the right to discontinue the Application or any Service in accordance with Section 10 or to modify, adapt or update the Application or any Service in accordance with these Terms to generally further develop the Application and Services. When making such changes we will duly consider your reasonable interests.
3.5 Retrieve your Account. If you request to retrieve your Account when your access to the Application is denied due to the loss of account information or forgotten password, you are required to provide certain information and verification documentation according to the account retrieval process published by Service Provider officially, and to ensure that all such information and documentation is legitimate, truthful and valid. Your Account may not be retrieved if untrue or non-compliant documentation provided by you fails Service Provider’s security verification, and you are solely liable for any and all risks and losses arising therefrom.
3.6 We have no obligation to retrieve Accounts created via third party platforms. You acknowledge and agree that if your Account and User ID is not directly registered and created via the Application (e.g., you register using a WeChat account), then such Account and User ID belong to the applicable third parties rather than us. We have no obligation to retrieve such Account or User ID registered with third parties or otherwise provide services in connection with such Account or User ID. All the matters relating to such third party Account and User ID shall be resolved by you and the applicable third party, provided that you shall inform us in the event that your Account and User ID is stolen or otherwise not used in an ordinary course.
4. YOUR OBLIGATIONS
4.1 You may receive messages and announcements. You understand and agree that the Application and Services may include service announcements and administrative messages of a non-marketing nature which are necessary for our provision and your orderly use of the Application and Services, and you may not have the right to opt out of receiving these announcements and messages.
4.2 You are responsible for your own device.
a. You are required to provide your own mobile phone device, tablet device, computer, network equipment and/or network resources for use of the Application and Services, and to pay for all fees incurred as a result of having access to the Internet or cellular network. You agree that we are not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues. We do not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.
b. If you download the Application onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the device.
4.3 You are required to comply with the following restrictions when using the Application and Services. You:
a. shall not use the Application or Services for any illegal purposes;
b. shall not modify, reverse engineer, decompile, disassemble, copy, or distribute the Application and any elements or software embedded therein;
c. shall not take any acts which are out of the ordinary course (including, without limitation, damaging, attacking or overloading the servers) that may affect the provision of the Services;
d. shall not use the Application and/or Services by using or with the assistance of third-party software not approved by us;
e. shall not log in the Application by unusual methods (including, without limitation, by third-party software or systems not developed, authorized or approved by us), use a plug-in or robot program to maliciously disrupt service facilities and disturb ordinary service orders;
f. shall not attack or attempt to attack the servers, routers, switches and other devices providing the Application and/or Services in any manner;
g. shall not use the technical defects or bugs in the Application or Services to benefit yourself and/or others in any manner or engage in any other misconduct;
h. shall not, without written consent from us, use any Intellectual Property Rights (as defined below) of Service Provider to create or provide the same or similar services, such as emulation servers, private servers, etc.;
i. shall not take any acts that may interfere with the use of the Application and Services in an ordinary manner;
j. shall not use the Application or Services to transmit any “mailbombs” (i.e., sending copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent), harassment, spam, defamatory, insulting, intimidating, vulgar, obscene, pornographic, fraudulent or any other illegal information;
k. shall defer to the customer service and other communication channels designated by us in regard to any consultation or questions regarding the Application and Services;
l. shall not use any robot, spider, crawler, off-line reader, or other automatic device, process, software or query that intercepts, “mines,” scrapes, copies or otherwise accesses the Application or Services to monitor, extract, copy or collect information or data from or through the Application or Services, or engage in any manual process to do the same;
m. shall not upload or introduce any viruses, Trojan horses, malicious code, worms, logic bombs or other material which is malicious or technologically harmful into the Application or Services or onto our systems or the systems of other users of the Application or Services;
n. shall not make profit by using the Application and Services; and
o. shall only access the Application and Services using legal and authorized Internet access.
4.4 If you are aware of any illegal use of your Account or any Account security issues, please notify us immediately.
4.5 You shall not circumvent our technical measures.
a. We may take technical measures in the Application and Services to prevent unauthorized use of the Application and Services and to prevent any violation of these Terms. You acknowledge and agree that you will not seek to circumvent such technical precautions in any manner.
b. You must ensure that your device meets the requirements for the installation and use of the Application and Services. The installation of the Application may disable other software or program running on your device. Your failure to install the Application or any updates in accordance with our installation instructions may result in dysfunction of the Application and Services in whole or in part.
4.7 No emergency call function available. Neither the Application nor the Services are intended to replace traditional mobile or fixed line telephones, to dial out into public telephone networks, or carry emergency calls. You must make alternative arrangements to make emergency calls.
5. LIMITED RIGHT TO USE THE APPLICATION AND SERVICES
5.1 How you may use the Application and Services.
a. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferrable and non-sub-licensable right and license during the term of your permitted use of the Application and Services to:
ii. receive and use any update of the Application incorporating “patches” and corrections of errors as we may provide to you; and
iii. use the Services we provide in connection with your permitted use of the Application.
b. Rights granted to you hereunder are revocable. Any use of the Services and/or Application other than as specifically authorized herein, without prior written permission from us is strictly prohibited. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to or rights in Intellectual Property Rights, whether by estoppel, implication or otherwise.
c. You may not transfer the Application to someone else. We are giving you personally the right to use the Application as set out above. You may not otherwise transfer or make available the Application to someone else, whether for money, for any other forms of consideration or for free. If you sell or gift any device on which the Application is installed, you must first remove the Application from the device.
Except as expressly permitted in these Terms or expressly agreed by us in writing in advance, you agree that you will:
a. not reproduce, modify, adapt, alter, enhance, distribute, publicly display, retransmit, resell or sublicense the Application;
b. not use any data mining, robots or similar data gathering or extraction methods;
c. not infringe our Intellectual Property Rights or those of any third party in relation to your use of the Application or Services;
d. not use the Application or Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users of the Application and Services;
e. not collect or harvest any information or data from the Application and/or Services or our systems or attempt to decipher any transmissions to or from the servers; and
f. not use the Application and/or Services other than for their intended purpose, in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously.
6.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT, BETWEEN YOU AND US, ALL INTELLECTUAL PROPERTY RIGHTS IN THE APPLICATION AND SERVICES THROUGHOUT THE WORLD BELONG TO US AND THE RIGHTS IN THE APPLICATION AND THE SERVICES ARE LICENSED (NOT SOLD) TO YOU. YOU HAVE NO INTELLECTUAL PROPERTY RIGHTS IN, OR TO, THE APPLICATION AND SERVICES OTHER THAN THE RIGHT TO USE THEM IN ACCORDANCE WITH THESE TERMS. “Intellectual Property Rights” refer to any and all trademarks, service marks, trade names, trade dress, works of authorship and art, copyrights and copyrightable materials (including without limitation, titles, computer code, designs, catch phrases, locations, and any related documentation), music, lyrics, domain names, ideas, logos, submissions, writings, concepts, themes, places, moral rights, rights of publicity, packaging, personality and privacy rights, utility models, other industrial or intangible property rights of a similar nature, and all other forms of intellectual property rights recognized by applicable laws, treaties, and conventions, and all inventions, software, technology that are patentable in such matter, including patents, utility models, know-how and trade secrets, all grants and registration worldwide in connection with the foregoing and all other rights with respect thereto existing other than pursuant to grant or registration, all applications for any such grant or registration, all rights of priority under international conventions to make such application and the right to control their prosecution, and all amendments, constitutions, divisions and continuations of such applications, and all corrections, reissues, patents of addition, extensions and renewals of any such grant, registration or right.
6.2 We have the right to delete, alter, move, remove, or transfer any and all content of the Application and/or Services as part of our continuing development of the Application. We do not provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on servers operated or controlled by or on behalf of us, including any data attributed to your Account.
6.3 Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and that all rights in and to your Account are and shall forever be owned by and inure to the benefit of us, to the maximum extent permitted by applicable laws.
7.1 You may have the option of uploading or sharing files or contents as part of the Services (“User Content”). You represent and warrant that you own, or have the right to use, the Intellectual Property Rights in any User Content, and that you have the right to grant the rights granted herein for such User Content.
7.3 Service Provider does not claim any ownership rights to User Content. You acknowledge and agree that Service Provider is not the source of, does not verify or endorse, and is not responsible in any manner for User Content, that you are solely responsible to retain adequate back-ups of User Content, that you assume all risk associated with User Content and the transmission of User Content, and that you have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of User Content. By using the Application and Services, you agree that any User Content that you submit may be transmitted to the recipient of your communication.
7.4 You acknowledge and agree that Service Provider may preserve content, including User Content, and may also disclose content, including User Content, if and as long required to do so by law.
7.5 With respect to your User Content, you agree to comply with the following, as well as any other guidelines or rules we may post from time to time. A failure to comply with the following or any other guidelines or rules we may publish from time to time constitutes a violation of the Terms.
a. You will not post User Content that misrepresents or disparages us, the Application or our Services.
b. You will not post any User Content that is, or could reasonably be interpreted as offensive or threatening.
c. You will not post User Content that is, or could reasonably be interpreted as being, racist, sexist, homophobic or any other form of hate-speech.
d. You will not attack any persons on the basis of their race, religion, political views, sex, gender, sexual orientation, disability or age.
e. You will not upload User Content that breaches applicable laws and regulations, such as libelous or defamatory content, or material posted in breach of copyright.
f. You will not post User Content that is a falsehood or misrepresentation.
g. You will not post User Content that impersonates another person.
h. You will not post User Content that is an advertisement or solicitation of business.
i. You will not sell User Content to any third party.
7.6 We will take technical measures to prevent unauthorized disclosure of or access to User Content in accordance with the industry standards. Save as set forth herein, we have no other obligations with respect to User Content.
8. UNSOLICITED IDEAS
We value your feedback on the Application and Services, but PLEASE DO NOT SUBMIT ANY CREATIVE IDEAS, SUGGESTIONS OR MATERIALS TO US (collectively, “Unsolicited Ideas”). These Terms are aimed at avoiding potential misunderstandings or disputes when the Application and/or Services might seem similar to Unsolicited Ideas that people submit. If you submit Unsolicited Ideas to us, then you grant us a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive, and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import your Unsolicited Ideas, including all copyrights, trademarks, trade secrets, patents, industrial rights, and all other Intellectual Property Rights and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including giving the Unsolicited Ideas to others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to us as specified above are valid, effective, and enforceable. To the maximum extent permitted under applicable laws, you waive and agree not to assert any moral or similar rights you may have in Unsolicited Ideas. You also give up any claim that any use by us or our licensees of your Unsolicited Ideas violates any of your rights, including moral rights, privacy rights, rights to publicity, proprietary or other rights, and rights to credit for the material or ideas set forth therein.
9.1 We reserve the right to interrupt the availability of the Application or Services or any part thereof from time to time on a regularly scheduled basis or otherwise with or without prior notice under the following circumstances:
a. Maintenance, updates and fixation of server, network, software and/or hardware which are necessary to provide the access of the Application and Services to you;
b. force majeure;
c. in accordance with the order of governmental authorities or other in-charge authorities; and
d. in order to comply with applicable laws.
9.2 You agree that we will not be liable for any interruption of the Application or Services or any part thereof, delay or failure to perform resulting from the circumstances referred to in the preceding paragraph.
9.3 We have the right at any time with or without reason to change and/or eliminate any aspect(s) of the Application (or any part thereof) or Services (or any part thereof) as part of our further development of the Application and Services, provided such changes are reasonably acceptable to you.
10. SUSPENSION AND TERMINATION
10.1 We may end your rights to use the Application and/or Services if you do not comply with these Terms.
a. If you violate these Terms, we may at our option and in our reasonable discretion issue warnings, temporary suspensions or permanent terminations of Accounts. We will consider the severity of the violation and the number of infractions in making our determination.
b. We may end your rights to use the Application and/or Services at any time by contacting you if you have breached these Terms. If your breach of the Terms can be cured, we will give you a reasonable opportunity to do so.
c. In the event your Account is terminated, you will have no further access to your Account. Any Accounts with unresolved disputes must be settled before we may allow you to register again to use the Application or Services.
d. If we end your rights to use the Application or Services:
i. You must stop all activities authorized by these Terms, including your use of the Application and/or Services, as applicable.
ii. You must delete or remove the Application from all devices in your possession and immediately destroy all copies of the Application which you have (if any) and confirm to us that you have done so.
10.2 Termination of Subscription Agreement. [If you use the Application and/or Services as an authorized user of a corporate client or other organization, we may terminate your right to use the Application and/or Services if and when the applicable Subscription Agreement terminates.]
10.3 We may terminate the Application or Services permanently.
a. We may end the Services and access to the Application permanently for you or for all users by providing two weeks’ notice. You understand and agree that we will not assume any obligations to you with respect to the Application and Services for such permanent termination.
b. You understand and agree that the Application and Services and/or any items which are stated to be “permanent” or its equivalent shall be interpreted as a time period until the date announced by us when the Application and Services will be terminated permanently.
10.4 Effect of termination. Termination of your Account also entails the termination of your access to the Application and Services.
11. EXPORT CONTROL
11.1 You agree not to engage in any activities in connection with these Terms that would breach sanctions or export control laws or risk placing Service Provider in breach of any sanctions or export control laws, or becoming a target of sanctions.
12. CHANGES TO THESE TERMS
12.1 We may need to change or update these Terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will notify you in advance when changes to these Terms occur, and will update the last updated date at the top of these Terms.
12.2 IF YOU DO NOT OBJECT TO THE CHANGES OR TERMINATE THE USE OF THE APPLICATION AND/OR THE SERVICES PRIOR TO THEIR TAKING EFFECT, YOU ARE DEEMED TO HAVE ACCEPTED THE CHANGES. IF YOU OBJECT TO THE CHANGES, WE MAY TERMINATE YOUR USE OF THE APPLICATION AND/OR THE SERVICES BY THE EFFECTIVE DATE OF THE CHANGE. WE WILL POINT TO THIS CONSEQUENCE OF YOUR INACTIVITY AND OUR RIGHT TO TERMINATE IN CASE OF YOUR OBJECTION IN THE NOTIFICATION OF THE CHANGE.
13. CHANGES TO THE APPLICATION AND/OR SERVICES
13.1 From time to time we may update or migrate the Application and/or Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. WE MAY ALSO ASK YOU AND YOU AGREE TO UPDATE THE APPLICATION OR MIGRATE TO A NEW APPLICATION FOR THESE REASONS.
13.2 If you choose not to install such updates or if you opt out of automatic updates or if you choose not to migrate to such new Application, you acknowledge and agree that you may not be able to continue using the Application and Services.
14. SUPPORT FOR THE APPLICATION AND HOW TO TELL US ABOUT PROBLEMS
14.1 Support. If you want to learn more about the Application or Services or have any problems using the Application or Services, please take a look at our support resources specified in the Schedule.
14.2 Contacting us (including complaints). If you think the Application or Services is faulty or inaccurately described or wish to contact us for any other reason, please contact our customer service team specified in the Schedule.
14.3 How we will communicate with you. If we have to contact you, we will do so using the contact details you have provided to us.
15. YOUR PRIVACY
15.2 Please be aware that Internet transmissions are never completely private or secure and that, despite our commercially reasonable efforts, any message or information you send using the Application or Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
16. MONITORING & CIRCUMVENTION MEASURES
You understand and agree that when using the Application and/or Services, this can and may involve software functions designed to detect circumvention measures or unauthorized and malicious programs. In this context, we may access, collect, monitor and/or remotely store information relating to hardware capacity, modifications related to our Application or Services, software, signatures, profiles or names of known unauthorized or malicious third party programs, files or processes that enable or facilitate circumvention of controls, unfair advantage or hacking of the Application or Services. If unauthorized or malicious programs are detected, the Application may also communicate to us the user’s Account and User ID and information about the unauthorized or malicious program or its use.
17.1 Provided you give consent, we may, either on our own or through a third party, send or display to you advertisements or other information (commercial or otherwise) by such means as SMS, e-mail or other electronic messaging, details of which (including without limitation the specific means to be adopted in sending or displaying such advertisements or information, and the frequency and contents of such advertising) will be determined by us.
17.2 We will carry out our advertising businesses in accordance with relevant laws and regulations.
18. PLATFORM TERMS ALSO APPLY
The ways in which you can use the Application and/or Services may also be controlled by the relevant platform provider’s rules and policies, or WeChat’s rules and policies if you registered your Account through WeChat. To the extent required by such rules and policies, those terms will prevail instead of these Terms where there are differences between the two. For details of the applicable platforms, please refer to the Schedule.
19.1 Disclaimer of warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. THE APPLICATION AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, TITLE AND NON-INFRINGEMENT AS TO THE APPLICATION AND SERVICES, INCLUDING ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE APPLICATION AND SERVICES ARE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, CURRENT OR ERROR-FREE.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) ANY ERRORS IN THE APPLICATION OR SERVICES WILL BE CORRECTED.
c. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE APPLICATION AND SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE APPLICATION, SERVICES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TRANSMIT DATA IN A SECURE MANNER, OR FUNCTION PROPERLY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION AND/OR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. IMMEDIATELY DISCONTINUE USE OF THE APPLICATION AND SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE APPLICATION AND SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
e. REFERENCE TO ANY APPLICATION, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY US.
19.2 Our responsibility for loss or damage suffered by you.
a. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
b. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
c. We are not liable for your damage that is avoidable. We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by your failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
d. We are not liable for business losses. If you use the Application or Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
e. Limitations to the Application and Services. The Application and Services are provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Application or Services. Although we make reasonable efforts to update the information provided by the Application and Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
f. Check that the Application and Services are suitable for you. The Application and Services have not been developed to meet your individual requirements. Please check that the functions of the Application and Services meet your requirements.
g. We are not responsible for events outside our control. If we have to cancel or delay in providing the Application or Services to you by an event outside our control, then we will use commercially reasonable efforts to take steps to minimize the effect of the delay or cancellation, but you expressly acknowledge and agree that we have no obligation to you for such delay or cancellation.
i. ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES; OR
ii. ANY OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION:
A. LOSS OF USE;
B. LOSS OF PROFITS; OR
C. LOSS OF DATA,
WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE APPLICATION OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES.
b. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), APPLICATION LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APPLICATION AND/OR SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE THEREOF.
19.4 c. The foregoing limitations and exclusions shall not apply in case of injury to life, body or health due to our negligent breach or to any damage caused by our willful misconduct or gross negligence. Your responsibility for damages suffered by us or others. You agree to defend, indemnify and hold harmless us, our independent contractors, service providers and consultants, and their respective directors, employees, agents, partners, affiliates, and subsidiaries, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your violations of these Terms, any misuse of the Application or Services, or your violation of the rights of any third party.
20. GOVERNING LAWS AND DISPUTE RESOLUTION
These Terms are governed by the laws of Hong Kong (excluding its conflict of law rules). If a dispute, controversy or claim arising from or in connection with the Terms or your use of the Application or Services cannot be resolved within thirty (30) days following the commencement of consultation or mediation, then you or we shall submit the dispute for arbitration by the Hong Kong International Arbitration Centre (“HKIAC”). Except for the right of either you or us to apply to any court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, both you and we agree that any dispute, controversy or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the HKIAC under the HKIAC Administered Arbitration rules in force when the notice of arbitration is submitted. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be three (3). You and we shall each designate one (1) arbitrator and the HKIAC Council shall appoint a person who is the third arbitrator to act as the presiding arbitrator of the arbitral tribunal. The arbitration proceedings shall be conducted in English. The arbitral award shall be final and binding upon you and us.
21. LOCAL REGULATIONS
We make no representation that the Application or Services are available for use or permitted by law in any particular location. To the extent you choose to access the Application and/or Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country you reside in.
22. ADDITIONAL TERMS YOU NEED TO COMPLY WITH
23.1 Interpretation. In these Terms (except where the context otherwise requires): (a) words in the singular shall include the plural and in the plural shall include the singular; (b) any words following the terms “including”, “include”, “in particular”, “such as”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms; (c) unless otherwise stated, a reference to “writing” includes email; (d) a “person” includes a natural person, corporate or unincorporated body (whether or not having separate legal personality); (e) the Schedule forms part of the Terms and shall have effect as if set out in full in the body of the Terms and any reference to these Terms includes the Schedule.
23.2 We may transfer these Terms to someone else. We may transfer our rights and obligations under these Terms to another organization, including in connection with a merger, sale, reorganization, asset sale, change of control, or similar transaction.
23.3 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we give our prior consent in writing.
23.4 No rights for third parties. A person other than you and us has no rights to rely on or enforce any term hereunder.
23.5 If a court finds part of the Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections, paragraphs or provisions will remain in full force and effect. If any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such deletion(s) as may be necessary to make it valid.
23.6 Even if we delay in enforcing the Terms, we can still enforce it later. Even if we delay in enforcing the Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
23.7 Headings for reference only. Headings are for reference only and have no legal effect respecting the scope, meaning or intent of any of the articles of the Terms.
1. SUPPORT FOR THE APPLICATION AND SERVICES AND HOW TO TELL US ABOUT PROBLEMS
· Support. If you want to learn more about the Application or Services or have any problems using it, please take a look at our support resources or contact us at: firstname.lastname@example.org.
· Contacting us (including with complaints). If you think the Application or Services is faulty or inaccurately described or wish to contact us for any other reason regarding the Application or Services please email our customer service team at:
China Hong Kong +852 800-964-163 (Toll Free)
2. PLATFORM TERMS ALSO APPLY
The ways in which you can use the Application may also be controlled by the relevant platform provider’s rules and policies. To the extent required by such rules and policies, those terms will apply instead of these Terms where there are differences between the two.
iOS APP Store
Your use of the Application or Services made available as apps via the iOS App Store (“iOS Apps”) is subject to any policies promulgated by Apple, Inc. or its affiliates or subsidiaries (collectively, “Apple”) that apply to the use of such service, including the Apple Media Services Terms and Conditions available at.
You acknowledge that:
· to the extent any third party content is made available or accessible via the iOS Apps, the third party providing such content shall be solely responsible for such content;
· Service Provider may from time to time adjust your visibility, status or rank on iOS Apps in accordance with these Terms;
· Service Provider, not Apple, licenses or makes available the iOS Apps to you in accordance with these Terms and these Terms are between Service Provider and you, not Apple;
· the license granted to you in the iOS Apps is limited to a non-transferable license to use the iOS Apps on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such iOS Apps may be accessed and used by other accounts associated with the purchaser via iOS Family Sharing or volume purchasing;
· You and Service Provider acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Apps;
· you shall be solely responsible for ensuring you use any account that you use to log into the Application or Services in accordance with the policies applicable to such account;
· Apple Inc. and its affiliates are not responsible or liable to you for content made available through the Application or Services, and as between you and Apple, you, not Apple, are solely responsible for your use of the Application or Services and the content thereof;
· in the event of any failure of the iOS Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS App(s) to you; and, to the maximum extent permitted by applicable laws, Apple will have no other warranty obligation whatsoever with respect to the iOS Apps, and as between Service Provider and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Service Provider’s responsibility;
· As between Service Provider and Apple, (A) Service Provider, not Apple, is responsible for addressing any of your claims or claims of any third party relating to the iOS App or your possession and/or use of that iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, (B) in the event of any third party claim that the iOS App or you possession and use of that iOS App infringes that third party’s intellectual property rights, Service Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
· Service Provider does not grant you a right to use any intellectual property rights, including trademarks, of Apple Inc. or its affiliates. Your use of such intellectual property rights is granted (if applicable) in accordance with the Apple Media Services Terms and Conditions and any other policies made available by Apple Inc. or its affiliates from time to time in relation to use of the platform;
· Service Provider may be required to change the Application or Services, or these Terms, in order to comply with instructions of Apple. You agree that we are permitted to make such changes immediately and without notice and shall have no liability to you or others with respect to such changes; and
· Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Your use of the Google Play Store is subject to any policies that apply to the use of such service, including the Google Play Terms of Service available at.
You acknowledge that:
· you are above the minimum age for your country specified in the Google Play Terms of Service;
· to the extent you are able to upload content or communications to the Application or Services, you must not promote violence, or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other characteristic that is associated with systemic discrimination or marginalization;
· we may remove or block access to your Account if we suspect that you have breached these Terms or the Google Play Terms of Service;
· Service Provider, not Google Inc. nor any of its affiliates, licenses the Application or Services to you in accordance with these terms;
· you shall be solely responsible for ensuring you use any account that you use to log into the Application or Services in accordance with the policies applicable to such account;
· Google Inc. and its affiliates are not responsible or liable to you for content made available through the Application or Services;
· Service Provider does not grant you a right to use any intellectual property rights, including trademarks, of Google Inc. or its affiliates. Your use of such intellectual property rights is granted (if applicable) in accordance with the Google Play Terms of Service and any other policies made available by Google Inc. or its affiliates from time to time in relation to use of the platform; and
· Service Provider may be required to change the Application or Services, or these Terms, in order to comply with instructions of Google Inc. You agree that we are permitted to make such changes immediately and without notice and shall have no liability to you or others with respect to such changes.