[NV] Terms of use
Effective date: [11/11], 2024
Welcome to use our Services!
This [NV] Terms of use (“Agreement”) is an agreement between you and IRay Technology Co., Ltd. (“Our Company”, “we”, “us” or “our”). Before entering into this Agreement or using our Services, you should carefully read and fully understand the terms, especially the terms that may have material effect on your rights and interests, such as those involve our responsibilities, your rights, dispute resolution and applicable law, and other terms marked in bold.
You understand and agree that when you click on the check-box to agree to this Agreement, or when you use our Services, it suggests that you have carefully and fully read, understand, agree and accept all the terms of this Agreement, and agree to be bound by it. In the event of a dispute, you agree not to defend yourself on the grounds that you did not read carefully, failed to pay attention to the relevant terms. If you do not agree to any of the terms of this Agreement, you shall stop using our Services.
Please note that the conclusion, effectiveness, interpretation, revision, supplementation, termination, enforcement and dispute resolution of this Agreement shall be governed by the laws of [China]. Unless otherwise provided by applicable law, all disputes arising out of or in connection with this Agreement shall be submitted to the [China International Economic and Trade Arbitration Commission-Shanghai Sub-comiision (CIETAC-SH)] for [arbitration] in [Shanghai] in accordance with [its arbitration rules in force]. The [arbitral award] shall be final and binding on both parties.
If you are a minor according to applicable law when using our Services, you must read and accept this Agreement and use our Services under the guidance of the holder of parental responsibility over you.
Content:
1.Scope of Agreement
2.Our Services
3.Rules of use
4.User personal data protection
5.Intellectual property rights
6.Disclaimer and limitation of liability
7.Revisions
8.Other terms
1.Scope of Agreement
1.1. This Agreement specifies the rights and obligations you have when downloading, installing, and using our Services. You confirm that you have the civil capacity when entering into this Agreement and using our Services. If you, as an end user, use our Services on behalf of your organization, your use of our Services is also governed by the guidelines and policies of your business or organization regarding the use of our Services and devices, as well as the agreement between us and your business or organization.
1.2. The main body of this Agreement, the Privacy Policy of [NV] and other policies, rules, statements, notices, warnings, reminders, instructions and related texts published on our website related to our Services constitute an integral part of this Agreement.
2.Our Services
2.1.1. Our Service refers to the services provided by Our Company to you through our website or other authorized channels that can be used to connect to hardware devices designed, manufactured or sold by us (“Devices”) to provide software services of related functional services, such as previewing screens, recording videos, taking pictures, and viewing and downloading pictures and videos to local terminals by connecting to Devices. You understand and agree that our Services are subject to our business decisions, and Our Company has the right to adjust the scope of our Services provided and the scope of Devices according to the actual situation. You understand and agree that at that time, you should update the APP yourself to obtain the latest version to ensure normal access and use, or we will not be held liable for any losses caused.
2.1.2. You should choose the Devices that match our Services. You understand and agree that you are solely responsible for any APP or device problems, or damages caused by the mismatch of Devices and our Services.
2.1.3. You acknowledge and understand that you may also need the network, device and system to use our Services, which meet the minimum operating conditions required to access and use our Services. You should bear all costs related to data traffic, network, hardware device, software incurred in the process of using our Services, regardless of whether we charge you for our Services.
2.1.4. You acknowledge and understand that our Services may contain links to third-party websites. We are not be liable for any costs and disputes arising from the third-party websites, nor shall we make any guarantee for the legality, security, applicability and stability of any services provided by any third party.
3.Rules of use
3.1. You are obliged to protect your account username and password and not to lend, rent or transfer your account at your own discretion. If you allow a third party to access your account, you should ensure that such third party agrees to and complies with this Agreement. Please notify us immediately if you become aware of or suspect any breach of security, or if you believe that an unauthorized third party may be using your account, or if your account information has been lost or stolen. Unless we are in breach of this Agreement, we are by no means responsible for the use of your account by any third parties if you fail to comply with this Section 3.1.
3.2. You shall comply with the requirements of applicable laws, regulations, rules and other normative documents (“Laws and Regulations”) in using our Services, abide by this Agreement, and guarantee not to engage in any activities that is contrary to public order and good morals and harmful to the legitimate interests of the state, us, other users and any third party.
(1)Your use or misuse of, or access to, the Services, or
(2)Your violation of this Agreement or any Laws and Regulations.
3.3. When you use our Services, you shall not use our Services to store, make, copy, publish or disseminate in any form any content that violates Laws and Regulations, or infringes upon the legitimate rights and interests of other users or third parties, including but not limited to any content:
(1)Promoting terrorism or extremism, or inciting the implementation of terrorist activities or extremist activities;
(2)Inciting ethnic hatred and ethnic discrimination, or undermining ethnic unity;
(3)Disseminating obscenity, pornography, gambling, violence, terror or instigating crimes;
(4)Insulting or slandering others, infringing upon the legitimate rights and interests of others;
(5)Infringing upon the legitimate rights of others, such as the right of reputation, portrait right, intellectual property rights, and trade secrets;
(6)Involving the privacy, personal data or other data of others;
(7)Containing other content prohibited by Laws and Regulations.
3.4. You agree to use our Services in accordance with this Agreement and abide by the following code of conduct. Except as permitted by Laws and Regulations, or as otherwise provided in this Agreement, or with the written permission of Our Company, you shall not, at any time using our Services to:
(1) Use our Services through third-party compatible software or systems not developed, authorized, or approved by us, and use plug-ins that are not developed, authorized, or certified by us for our Services;
(2) Delete all copyright-related information on the software, services and other copies;
(3) Reverse engineer, disassemble, decompile our Services;
(4) Without our written consent, carry out the following acts, including but not limited to: renting, lending, copying, modifying, linking, reprinting, compiling, publishing, establishing mirror sites, developing derivative products, works, services, plug-ins, compatibility related to our Services, or otherwise using our Services for sale, profit or other commercial purposes;
(5) Obtain information related to our Services or our Services by creating false identities, misleading, deception or other unlawful means;
(6) Conduct any activities that endanger our Services, or use our Services to endanger cyber security, including but not limited to: entering the public network or other people's computer systems without authorization to delete, modify, or increase the storage information of our Services, attempting to probe, scan, and test the Service system or using our Services to probe, scan, and test the weaknesses of the network or conduct other activities that undermine cyber security; attempting to interfere with or undermine the normal operation of the Service system or affiliated websites; using our Services to deliberately spread malicious programs or viruses; and other activities that damage and interfere with normal network information services;
(7) Transmit, upload or display (i) any material that is unlawful, fraudulent, threatening, abusive, defamatory, libelous, obscene or otherwise objectionable, or that infringes our or any third party's intellectual property or other rights; (ii) any confidential, proprietary or trade secret information of any third party; or (iii) any advertisement, solicitation, chain letter, pyramid scheme, investment opportunity, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
(8) Use our Services and other services provided by us in any illegal way, for any illegal purpose, or in any manner inconsistent with this Agreement.
3.5. You understand and agree that:
(1) We have the right to suspect and determine whether you have violated the above rules of use, and will suspend or terminate your license to the Services or take other restrictive measures that may be taken under this Agreement in our own discretion;
(2) You shall be solely liable for any damage caused to a third party by your violation of the above rules of use, and shall indemnify us from any losses or additional expenses incurred thereby;
(3) If you violate the Laws and Regulations or this Agreement, you shall defend, indemnify, and hold harmless Our Company (including its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives) from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees and investigation fees.
4.User personal data protection
4.1. Our Company respects and protect your personal data, and takes reasonable measures to protect the security of your personal data. For more information about how we collects, uses, stores, shares, and protects your personal data when you use our Services, please refer to the [NV Master Privacy Policy].
4.2. You should properly keep all the data stored on your terminal device by your use of our Services, and are be responsible for the security of your device system and environment. If there is any data leakage caused by you (such as virus infection of your terminal device, fraud by third party), you shall be responsible for the losses caused thereby. We are not liable for any such losses.
5.Intellectual property rights
5.1. Our Company and our affiliates enjoy all intellectual property rights and other legal rights of our Services and related contents, including but not limited to program code (including source code), written expressions and related combinations, icons, graphics, charts, color combinations, interface design, layout frames, related data, printed materials, electronic documents, audio or video. We reserve any such rights and use that are not expressly authorized to you.
5.2. As long as you comply with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable right to use our Services, subject to applicable Laws and Regulations, this Agreement and other applicable rules.
5.3. Without our written consent, you may not implement, exploit or transfer the above intellectual property rights, or license any third party to do so, for any commercial or non-commercial purposes. We reserve the right to hold you liable for any breach of this Section 5.3.
5.4. You should download and install our Services through the authorized channel in designated method. Please note that if you download and use our Services through unauthorized channels, your terminal device may be infected with malicious programs that may endanger your data and privacy. If you obtain our Services or the installer with the same name through unauthorized third party, we cannot guarantee that the Services will work properly and we are not be liable for any losses caused to you thereby.
5.5. We reserve the right to dispose of the intellectual property rights and other legal rights or our Services that are licensed or authorized to you, at any time and in any way, including but not limited to modifying, transferring, licensing, sublicensing as permitted by Laws and Regulations.
6.Disclaimer and limitation of liability
6.1. You understand and agree that our Services may be affected by various factors, including but not limited to users’ reasons, network service quality, social environment. And our Services may also be involved with various security issues, including but not limited to the illegal use of user information by others to commit harassment in reality. Also, if other software downloaded or installed by you or other websites visited by you contain viruses or other malicious programs, it may threaten the information and data security of your terminal device, and thus affect the normal use of our Services. Therefore, you should improve your information security and personal data protection awareness to avoid losses.
6.2. Our Services are provided to you “AS IS”. As permitted by applicable Laws and Regulations, we disclaim all representations or warranties of any kind, express, implied, binding or otherwise, regarding the security, reliability, continuity, accuracy, completeness, virus-free, error-free, and fitness for a particular purpose of our Services and any information related thereto. We do not guarantee that our Services provided to you fully meets your requirements, nor do we guarantee that the timeliness, security and uninterrupted nature of our Services, nor do we guarantee that our Services provided to you will not be interrupted or terminated due to any unforeseeable and unavoidable legal, technical or other risks (including but not limited to force majeure, viruses, hacker attacks, government actions).
6.3. Due to unforeseeable, uncontrollable and unavoidable events (including but not limited to government actions, new Laws and Regulations, policy changes, failures of domestic and foreign telecommunications operators and mobile communication networks, technical defects, coverage restrictions, viruses, hacker attacks, collectively referred to as "force majeure"), the location of the user, the shutdown by users, user personal error, improper operation and other user factors, any interruption of our Services, garbled characters, error reception, non-reception, delayed reception, data errors, or other user losses or risks caused by the intentional or negligent acts of others or other reasons beyond the scope of our ability, you agree not to hold us liable for any damages caused by such force majeure.
6.4. As permitted by applicable Laws and Regulations, we are not liable for any indirect or punitive damages or claims arising out of or in any way related to our Services (including but not limited to damages for breach of contract, tort, personal injury, breach of privacy, failure to perform any duty including good faith or reasonable care, negligence, and damages resulting from any other pecuniary or other losses).
7.Revisions
7.1. Our Company reserves the right to revise this Agreement in accordance with changes in Laws and Regulations or our business decisions. Except as otherwise provided in this Agreement, if we decide to revise this Agreement, we will notify you of any revisions to this Agreement in the manner set forth in Section 8.4 of this Agreement at least ten (10) days prior to the effective date of the revised version. If you continue to use our Services after the revisions take effect, you are regarded as having accepted the revisions. If you do not agree to the revisions of this Agreement or any of the terms of this Agreement, you should immediately stop using our Services.
8.Miscellaneous
8.1. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
8.2. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
8.3. You understand and agree that we have the right to independently determine our business strategy and transfer all rights and obligations under this Agreement to our affiliates according to our business adjustments. In the event of the transfer of the above rights and obligations, we will notify you in the manner specified in Section 8.4 of this Agreement.
8.4. We may send all notices to you under this Agreement via e-mail, mail, or announcements on our official website, etc. Such notices shall be deemed to have been delivered on the date that they are sent or made public. We may use the contact information you provide to us as your valid address for service of judicial and arbitration proceedings. You may send notices to us by designated channels published by us.
8.5. If you wish to contact us in writing, or if this Agreement requires you to notify us in writing, please send an email to us and we will contact you to confirm the receipt by email.
8.6. The headings, abbreviations or definitions in this Agreement are for convenience only and shall not be relied upon for the interpretation of this Agreement.
8.7. This Agreement takes effect when you consent to it or when you commence using our Services. The term of this Agreement lasts until terminated by either you or us in accordance with Section 8.8.
8.8. We may terminate your access to all or any part of the Services at any time if you fail to comply with this Agreement. This may result in the forfeiture and destruction of all information and data associated with your account and will immediately terminate your ability to use the Services in any way. If you wish to terminate your account and this Agreement, you may do so by logging in to your account and deleting the account, or by contacting us. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
