The following terms of service ("TOS") constitute a binding legal agreement (the "Agreement") between You and AOMATA (hereinafter referred to as "SmartIO"/"we"/"us"), (which expression shall include its successors and assigns), setting forth the terms and conditions ("Terms") under which the SmartIO application ("Application") and any related services (collectively "Services") will be licenced to You by SmartIO.
By accessing, downloading, installing the Application, and using the Services, You represent to SmartIO that You are competent to enter into a contract (i.e. You a major according to applicable law, of sound mind and not disqualified from entering into a contract under the applicable law) and You have read this Agreement, understand it and agree to be bound by its Terms. Please review the Agreement carefully before accessing, downloading and installation.
Meanwhile, by accessing, downloading, installing the Application, and using the Services, You are agreeing to be bound by the Terms of Service.
- Who May Use the Service
Age Limit: You must be at least 16 years old to use the Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the Service. Please have him or her read this Agreement with you.
2.1 Subject to the Terms and compliance of the Terms hereof we shall grant You a license to use the Services provided that (a) You shall use the Application solely for Your personal and lawful use only; (b) You will not, nor allow third parties on Your behalf (i) to resell or charge others for use of the Application (ii) to duplicate, disassemble, decompile, transfer, exchange or translate the Application, create derivative works of the Application of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the Application; and (c) You warrant to otherwise comply with the terms and conditions of this Agreement.
2.2 For avoidance of any doubt this License is personal, nonexclusive, nontransferable, non-sub licensable, revocable and a limited license to download and use the Application on a mobile device that You own or control.
2.3 All rights not expressly granted are reserved.
- Application Stores
- Your Content
4.1 When You submit, upload, transmit or display any data, information, media or other content, including but not limited any photos, profiles (including Your name and image), messages, text, video, music, third party links), in connection with Your use of Services (" Your Content")， You understand and agree that:
(a) You will continue to own and be responsible for Your Content;
(b) we will not sell Your Content to any third party;
- Third Party Content and Advertising
5.1 We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by Application, including content provided by users of Application or by our advertisers. You acknowledge and agree that by using Services, You may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from Application by You is at Your own risk. Your use of Services does not give You any rights in or to any content You may access or obtain in connection with Your use of Services.
5.2 We also do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through Services and we will bear no responsibility for Your use of or relationship with any such third parties or third party services.
5.4 There may be, from time to time, third party content and services on Application that are subject to further terms – for examples, terms from the relevant third party that originally produced or created such content or service, or terms from the relevant third party in relation to promotional activities being held on SmartIO. You agree to comply with any such further terms and conditions as notified to You in relation to your use of such third party content and services.
5.5 Application may include advertising or commercial content. You agree that we are allowed to integrate, display and otherwise communicate advertising or commercial content in Application and that (where reasonably practicable) we will identify paid such advertising or commercial content. You also agree that we use targeted advertising to try to make advertising more relevant and valuable to you.
- Our Intellectual Property Rights
You acknowledge and agree that the Application, the Services and all trademarks, service marks and trade names and other intellectual property rights associated therewith are, and shall remain, the property of SmartIO and its licensors, as applicable. All content related to Services, including any text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of SmartIO or its licensors and is protected by applicable legislation concerning protection and preservation of intellectual property rights. All software used on the Application is the property of SmartIO or its software suppliers. Any use except as specifically permitted, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Application is strictly prohibited except as otherwise permitted by law.
- Use of Your Device by SmartIO
7.1 In order for us to provide Services to You, we may require access to and/or use of Your relevant device (e.g. mobile phone or tablet) that You use to access Application – for example, we may need to use Your device's processor and storage to complete the relevant Application installation, or we may need to access Your contact list or camera to provide certain interactive functions within Application. You agree to give us such access to and use of Your device.
7.2 You understand that if You do not provide us with such right of use or access, we may not be able to provide Services to you.
7.4 You may also be required to activate certain functionalities within Application in the manner described within Application. You may not be able to use certain functionalities within Application if You do not comply with such requirements.
7.5 Please note that we are not responsible for any third party charges You incur (including any charges from Your internet and telecommunication services providers) in relation to or arising from Your use of Services.
- Your Account
8.1 You may need to create an account with us in order to access and use Services.
8.2 Any account that You open with us is personal to You and You are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use Your account. Your account name, user ID and other identifiers You adopt within Application remains our property and we can disable, reclaim and reuse these once Your account is terminated or deactivated for whatever reason by either You or us.
8.3 You are responsible for: (i) safeguarding Your account details, including any passwords used to access Your account, and (ii) all use of Services under Your account. We will regard all use of Your account on Application as being by You.
- Infringement Indemnity
- Limited Warranty and Safety
10.1 We does not represent or warrant that the Application will operate without interruption or will be error free. Especially in the following cases:
(a) modification or alteration of the Applications made without the prior written approval of SmartIO;
(b) accident, neglect, misuse or abuse, or
(c) exposure to conditions outside the range of the environmental, power and operating specifications provided by SmartIO.
10.2 By using the Services, You agree that You will not:
(a) use the Services for any purpose that is illegal or prohibited in these Terms;
(b) use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user's information.
(c) use or develop any third-party applications that interact with the Services or other users' content or information without our written consent;
(d) use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
(e) use or attempt to use another user's account, username, or password without their permission;
(f) solicit login credentials from another user;
(h) upload viruses or other malicious code or otherwise compromise the security of the Services;
(i) attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that You are not authorized to access;
(j) probe, scan, or test the vulnerability of our Services or any system or network;
(k) encourage or promote any activity that violates these Terms;
10.3 We also care about Your safety while using our Services. So do not use our Services in a way that would distract You from obeying traffic or safety laws.
12.1 This Agreement commences on the date You accept the Terms of this Agreement. We may terminate or suspend use of the Application at any time in our discretion, without notice to You. Upon any termination for any reason, we shall have no liability to You and no further obligations under this Agreement.
12.2 Immediately upon termination, (a) the rights granted to You herein shall terminate; (b) You must cease all use of the Application and related services.
12.3 Your rights under this Agreement will terminate automatically if You fail to comply with any term(s) of this Agreement including misuse of the Application.
12.4 All sections that may be reasonably interpreted to or are intended to survive this Agreement will survive this Agreement.