Terms of Service
Last updated: April 30, 2024
General Terms - All Users
1. Your Relationship With Us
Welcome to AIVLOG (the "Platform").These
Terms of Service (these "Terms") as may be
amended from time to time govern the relationship and serve as an
agreement between you and
Signoo Technology(Shenzhen) Co., Ltd. (the
"Company", "we",
or "us") and set forth the terms and
conditions by which you may access and use the Platform and our related
services, applications, websites, products and/or content (collectively,
the “Services”). Our Services are generally provided
for private, non-commercial use (except for the AIVLOG ad maker and
other commercial-use services expressly provided under these Terms). For
purposes of these Terms, "you" and
"your" mean you as the user of the
Services.
The Platform includes the AIVLOG mobile software
applications ("AIVLOG APP"), software
applications deployed on the desktop ("AIVLOG Desktop version"), the official AIVLOG official website ("AIVLOG Web version"), AIVLOG services in other forms now existing or hereafter
devised, related Software Development Kit
("SDK") and Application Programming Interface
("API") for you through third-party websites
and software applications to access and use the Platform and the
Services. The version of the Platform may differ for factors such as the
jurisdiction from which you access the Platform and the device you use.
The Services, in full or in part, may not be available in all
jurisdictions, for all devices or in all languages. You should obtain,
download, and install the appropriate version according to the actual
device conditions of your jurisdiction.
You can access the Platform
and obtain the Services through the software application pre-installed
in hardware devices or downloaded from third-party platforms authorized
by us, and/or by accessing AIVLOG official websites. Unofficial versions
of AIVLOG obtained via any other platforms or websites are not
authorized by us, and we are not responsible for their contents. If you
suffer any losses as a result, we shall not be liable for your losses,
which you alone will bear.
These Terms form a legally binding
agreement between you and us. Please take the time to read them
carefully.
2. Accepting these Terms
By accessing or using our Services, you confirm that you can form a
binding contract with Company, that you accept these Terms (including
any supplemental terms appended hereto) and that you agree to comply
with them. Your access to and use of our Services are also subject to
our
Privacy Policy (When you access our Services as a resident of
the United States, your access to and use of our Services are also
subject to this
Privacy Policy. When you access our Services as a resident
of all other countries
your access to and use of our Services are subject to this
Privacy Policy)
and
Community Guidelines
(where applicable), the terms of which can be found directly on the
Platform, or where the Platform is made available for download and/or on
your mobile device’s applicable store, and such terms are incorporated
herein by reference. You may also be subject to additional terms and
policies for your access or use of certain new features of the Platform,
certain Services and/or your access or use of certain content for
commercial purposes (if permitted). Such additional terms and policies
shall form part of these Terms.
The Services are only intended for
individuals 13 years old and older. In addition, if you are under 18
years old or the applicable age of majority in the jurisdiction you
reside in, you may only access or use the Services with the consent of
your parent or legal guardian. Please be sure your parent or legal
guardian has reviewed and discussed these Terms with you.
If you
are accessing or using the Services on behalf of a business or entity,
then (a) "you" and "your" includes you and that
business or entity, (b) you represent and warrant that you are an
authorized representative of the business or entity with the authority
to bind the business or entity to these Terms, and that you agree to
these Terms on behalf of the business or entity, and (c) your business
or entity is legally and financially responsible for your access or use
of the Services as well as for the access or use of your account by
others, regardless of whether or not they are affiliated with your
business or entity, including any employees, agents or contractors.
You
can accept these Terms by accessing or using our Services. You
understand and agree that we will treat your access or use of the
Services as acceptance of these Terms from that point onwards.
You
should print off or save a local copy of these Terms for your
records.
3. Supplemental Terms
If you access or use the Services from within a jurisdiction for which
there are separate supplemental terms, you also hereby agree to the
supplemental terms applicable to users in each jurisdiction as outlined
in the relevant "Supplemental Terms – Jurisdiction Specific"
section below. In the event of a conflict between the provisions of the
Supplemental Terms – Jurisdiction Specific that are relevant to your
jurisdiction from which you access or use the Services, and the rest of
these Terms, the relevant jurisdiction’s Supplemental Terms –
Jurisdiction Specific will supersede and control with respect to your
use of the Services from that jurisdiction.
4. Changes to these Terms
We may amend or update these Terms from time to time, to reflect changes
to applicable laws, regulations, standards, industry codes or other
instruments of a similar nature, or to reflect changes, updates or new
features to the Platform and/or Services. We will use commercially
reasonable efforts to notify you of any material changes to these Terms
by a notice provided through the Platform or by other means. You should
review these Terms each time you visit the Platform to stay informed of
our practices. The “Last Updated” date at the top of these Terms, which
reflects the effective date of such amended Terms. Your continued access
to or use of the Platform and/or Services after the date of the updated
Terms constitutes your acceptance of the updated Terms. If you do not
agree to the updated Terms, you must stop accessing or using the
Platform and Services.
As used in these Terms, "applicable
laws" shall refer to all applicable laws, regulations, rules,
statutes, codes, ordinances, orders, writs, decrees or other
requirements enacted by a government authority, as amended from time to
time.
5. Your Account with Us
To access or use some of our Services, you must create an account with
us. When you create this account, you must provide us with true,
complete, accurate and up-to-date information. It is important that you
maintain and promptly update your account details and any other
information you provide to us, to keep such information current,
accurate and complete.
You acknowledge and agree that:
(a) you
are solely responsible for maintaining the security and confidentiality
of your account login details;
(b) you are solely responsible (to
us and to others) for all activities on the Platform that occur under or
through the use of your account. If you are accessing the Platform or
using the Services on behalf of a business or entity, all such
activities will be attributable to and binding on such business or
entity; and
(c) Company and its affiliates may, but shall have no
obligations to, monitor activities on the Platform that occur under or
through the use of your account, but shall not be responsible for any
losses incurred by you as a result of or arising from any unauthorised
access to your account.
We reserve the right to temporarily or
permanently suspend or terminate your account or impose limits on or
restrict your access to parts or all of the Services with or without
notice at any time for any or no reason including without limitation:
If we permanently suspend or terminate your account, we will notify you
in advance in order to allow you time to access and save your
information and content unless we have reason to believe that continued
access to your account will cause damage to us, other users or our
Services, or where doing so will violate requests by law enforcement or
other government agencies, applicable laws or regulations or third party
rights.
Subject to any statutory rights you might have under
applicable laws, if your account is temporarily or permanently suspended
or terminated, access to your account, and any related information or
content associated with your account may be suspended or terminated. As
we do not guarantee the permanent availability of your content, you
should regularly make backups of any content you value.
If you no
longer want to use or access the Platform and our Services, you can
choose to delete your account through the "Manage account"
page on the Platform or you can request the deletion of your account by
contacting us via
feedback@signoo.net, and we will provide you with further assistance and guide you through
the process of the deletion of your account. Please be aware that once
you choose to delete your account, you will not be able to reactivate
your account or retrieve any of your account information or data and any
of the content or information you have uploaded, created, edited,
shared, received from other users or are otherwise associated with your
account. Termination of your account will terminate your access or use
of the Platform and the Services.
6. Your Access to and Use of Our Services Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You agree to use the Services only for purposes expressly permitted under these Terms.
You may not:
We reserve the right, at any time and without prior notice, to remove or
disable access to content at our discretion for any reason or no reason.
Some of the reasons we may remove or disable access to content may
include finding the content which is objectionable, in violation of
these Terms or our
Community Policy, or is otherwise harmful to the Services or our users. If you violate
these Terms or applicable laws, we may suspend or terminate your access
to the Services at any time with or without notice. You acknowledge that
your violation of these Terms or applicable laws may result in civil,
criminal or other liabilities. We reserve the right to report your
violation(s) to law enforcement authorities and take other remedies
available to us.
7. Service Plans, Renewal, Cancellation and Refund
Service Plans
Some of the Services are provided to
you free-of-charge ("Free Services") while
other Services require payment before you can use them, including but
not limited to AIVLOG Pro and related Services ("Premium Services" or, collectively with Free Services, "Service Plans"). Whether you use Free Services or purchase or subscribe to
Premium Services, you must always use those Service Plans in accordance
with these Terms and applicable laws, as well as all additional rules,
guidelines, and requirements applicable to such Service Plans.
For
more details of the Premium Services which we will provide you with,
please refer to the detailed service descriptions on the purchase page
of the relevant Premium Services on the Platform. Unless it is otherwise
mandated by applicable laws of your jurisdiction, we reserve the right
to change our Service Plans including, by adjusting the features or
services available or by adjusting pricing for the Premium Services in
any manner and at any time as we may determine in our sole and absolute
discretion, which will not, without cause, affect the Services and
rights you have purchased and acquired under these Terms before such
changes take effect. We may develop different versions of this Platform
with different Services for different terminal devices in different
regions, and you should obtain, download and install the appropriate
version for your device and jurisdiction.
If you purchase or
subscribe to any of our Premium Services, you must first create an
account on the Platform and login to the Platform. The Premium Services
are only available to users of (i) the Apple iOS version of the Platform
who have a valid Apple ID account, (ii) the Google Android OS version of
the Platform who have a valid Google account or (iii) the AIVLOG Web
version of the Platform who have a valid AIVLOG account.
You may
purchase or subscribe to any of our Premium Services by paying via your
Apple ID, Google account and/or AIVLOG account (as applicable), by
paying the applicable purchase or subscription fees and taxes in the
applicable currency of your jurisdiction. Unless you are a resident
within the UK, EU or EEA or it is otherwise mandated by applicable laws
of your jurisdiction, all Premium Services fees displayed to you are
exclusive of taxes, and you agree that you may be charged with any
applicable taxes in addition to the Premium Services fees. Failure to
pay these fees and taxes will result in the failure, suspension or
termination of your access to the Premium Services.
You may
purchase or subscribe to the Premium Services under a fixed billing
period or an automatic renewal subscription fee in advance on a monthly
basis or another interval set on the purchase page of the relevant
Premium Services on the Platform or otherwise notified to you prior to
your subscription or in accordance with other payment arrangement
available.
If you purchase the Premium Services under an automatic
renewal arrangement, you agree that (a) Apple, Google and/or AIVLOG (as
applicable) may store and continue billing your payment method (e.g.
credit card) to avoid interruption of the Premium Services, and (b)
Apple, Google and/or AIVLOG (as applicable) may calculate taxes payable
by you based on the billing information that you provide at the time of
purchase. Unless it is otherwise mandated by applicable laws of your
jurisdiction, we reserve the right to change our Services Plans or
adjust pricing for the Premium Services in any manner and at any time as
we may determine in our sole and absolute discretion and will
communicate any such changes to you in advance. Such changes will not,
without cause, affect the Services and rights you have already purchased
and acquired under these Terms prior to such changes taking effect. Such
changes will not take effect immediately at the time of renewal of your
subscription, unless you explicitly agree otherwise. In particular,
price changes will not take effect immediately at the start of the
subsequent subscription period following the date of the price change.
You always have the right to terminate your subscription to the Premium
Services at any time and voluntarily choose a different Service Plan. As
such, please make sure you read any notification of Service Plan changes
carefully.
You can find information about the pricing of the
Premium Services either on the purchase page of our Premium Services or
the Platform’s description page in Apple App Store and/or Google Play
(as applicable). All subscriptions on the AIVLOG APP version are payable
through your Apple ID and/or Google account and such payments will be
processed in accordance with the terms and conditions of the Apple App
Store and/or Google Play. Subscriptions on AIVLOG Web are payable
through your AIVLOG account and such payments will be processed in
accordance with these Terms, the terms and conditions of third-party
payment service providers and/or additional payment terms.
Renewal and Cancellation
If you subscribe to
the Premium Services under an automatic renewable arrangement, your
subscription fee will automatically renew for an additional period equal
in duration to your preceding subscription term, unless indicated
otherwise on the Platform, and your payment will automatically be
charged at the start of each new subscription period for the fees
applicable to that period, unless you cancel or change your subscription
of the Premium Services before the end of the then-current subscription
period applicable to you.
If you do not want to continue to be
charged on a recurring basis, you must cancel your subscription to the
Premium Services through your Apple ID, Google account and/or AIVLOG
account (as applicable) before the end of the then-current subscription
period. You can learn more about how to cancel your subscription of our
Services in the FAQ. If so cancelled, you will still have
access to the Premium Services until the end of the then-current
subscription period and be charged the full subscription fee for such
subscription period unless otherwise set forth in the "Supplemental Terms – Jurisdiction-Specific" section below or required by applicable law, e.g. if you cancel
the subscription for cause. After the cancellation takes effect on the
last day of the then-current subscription period, you will be downgraded
to the Free Services.
You may choose the Premium Services you would
like to purchase or subscribe to (including without limitation the term
and the price of the applicable Premium Service you prefer). After the
expiration of the term, the corresponding Premium Services will no
longer be provided to you.
Refund policy
Unless otherwise set forth in
the "Supplemental Terms – Jurisdiction-Specific" section below, if you subscribe the Premium Services (with or
without automatic renewal agreement), you may, with or without reason,
cancel your subscription of the Premium Services with a full refund
within 14 calendar days following the start of your subscription to the
Premium Services, provided that you do not have any usage of the Premium
Services in any form whatsoever since you subscribe to the Premium
Services. If you believe you are entitled to receive a refund, please
contact us. You may find more information about how to contact us in the
FAQ. Any refund of subscription fees will be made with the same
payment method you used for payment of the subscription fees. You agree
to comply with this refund policy, our procedure in the FAQ,
and any of our further communication with you, if any.
Notwithstanding
the foregoing, if you subscribe the Premium Services through Apple Pay
or Google Pay, your cancellation and refund is subject to the terms and
conditions of Apple App Store or Google Play. You will continue to have
access to the Premium Services until your subscription payment is
refunded by Apple or Google.
The above does not exclude or limit
your right to refund, in full or in part, if the applicable laws require
us to make such a refund to you.
8. Cloud Space Services
You may access limited cloud storage space provided by us on a
free-of-charge basis; and you may also access more cloud storage space
by subscribing to the relevant Premium Services, if such Premium
Services are made available to you. Depending on the relevant Service
Plan applicable to you (including without limitation the Premium
Services to which you subscribe), the storage capacity of the cloud
space allocated to you may differ. The allocated storage capacity
applicable to the Premium Services you purchase will be displayed to you
on the relevant Premium Services description page or when you make the
purchase. You shall not use storage capacity exceeding the allocated
storage capacity.
Following the termination or expiration of your
then current subscription term, if you choose not to renew your
subscription, you will no longer have cloud space storage capacity, or,
if we provide users with certain cloud space storage capacity for free,
you will be downgraded to such free storage capacity. If you choose to
downgrade your Premium Services, you will be downgraded to the storage
capacity applicable to the Premium Service you select. For the avoidance
of doubt, you acknowledge and agree that we have no obligation to
provide or continue to provide any user with a cloud space storage
capacity plan for free.
We will use commercially reasonable efforts
to notify you in advance if the cloud space storage capacity applicable
to you will be degraded or become unavailable. Within the time limit
that we notify you of in advance, you should transfer and back up your
content (including but not limited to your video drafts, photos,
stickers and other materials) stored in the cloud space provided by the
Platform before the expiration of such Service Plan, and ensure that, in
case your storage capacity is downgraded, the content you store does not
exceed the storage capacity that you are entitled to use, so as to avoid
the loss of your content and data due to the absence of sufficient cloud
space storage capacity.
In addition to these Terms, you shall
comply with the applicable requirements and restrictions applicable to
the cloud space storage services (e.g., file type restriction, format
restriction, document size limit). If your use violates these Terms,
applicable laws or any applicable rule, we have the right to take
corresponding measures, such as suspending or terminating your access to
the corresponding Services, deleting your content which exceeds your
entitled storage capacity or that fails to comply with these Terms,
applicable laws, or rules applicable to such cloud space storage
feature.
You shall always back up your content. We are not liable
for any loss of your content or data stored by using the cloud space
storage feature to the extent permitted by applicable laws.
9. Unlockable Templates
Certain templates may be made available to help users to create videos
more easily. Users can create a video by replacing certain images,
photos or videos of such templates. But the elements of the templates
that can be modified are limited if users use Free Services.
We now
make available a Premium Service where Users will be able to edit more
elements of the templates ("Unlockable Templates") through the premium editing function on the Platform of which
the intellectual property right is owned by us. As mentioned above, our
Services may not be available in all jurisdiction for all devices in all
languages. Thus the Premium Service for the Unlockable Template may not
be made available to you.
If you subscribe to such Premium Service
for our right-owned premium editing function to unlock templates, you
have a limited right to use such premium editing function and edit the
Unlockable Template during the applicable subscription term, provided
that (a) the specific premium editing function and the specific
Unlockable Template available to you may differ depending on your
jurisdiction, device, language setting, etc. and (b) the specific
elements of each Unlockable Template that can be edited may differ on a
case-by-case basis, subject to the actual elements of such Unlockable
Template made available for editing in practice on the Services, which
may vary and be updated from time to time. Unlockable Templates edited
by you will not be allowed to be posted as new templates on the
Platform. Neither can you share or distribute Unlockable Templates you
edited with other users nor otherwise permit others to use such
Unlockable Templates you edited.
Such Unlockable Templates are
provided by third-party creators (“Creators”) rather
than us. That is, such Unlockable Templates are not Company’s Content.
We make no conditions, endorsement, representations or warranties with
respect to any and all Unlockable Templates and elements and content
therein.
No additional right or license of Company’s Content is
granted, licensed or otherwise transferred to you arising from or in
connection with your subscription to the Premium Service for our
right-owned premium editing function to unlock templates or use of the
Unlockable Templates. All rights to the Company’s Content granted to you
are those expressly set forth in Section 12 below.
10. AIVLOG for Business
We now make available certain commercial use services, including various
materials labeled for commercial use, under AIVLOG for Business for
users to create commercial-use videos. Our Services may not be available
in all jurisdictions for all devices in all languages; thus AIVLOG for
Business and related features may not be made available to you.
AIVLOG
for Business and its related features are only for users over the age of
18 and is not directed at persons under the age of 18. Persons under the
age of 18 may not use the function of syncing videos from AIVLOG to
TikTok Ads Manager.
We do not provide any advertisements or
advertising services for you. Rather, the AIVLOG for Business features
and materials labeled for commercial use merely allow you to create your
own advertising videos. The business templates provided under the AIVLOG
ad maker are only examples and are not advertisements themselves. The
artificial intelligence features provided under the AIVLOG ad maker are
technically neutral, through which the content you acquire is
automatically suggested based the information you provide. The Company
does not make any promises or warranties regarding the legality or
appropriateness of any content. You are solely responsible for any
generated content which is used as an advertisement, including full
compliance with any and all applicable laws and regulations in your
jurisdiction. Further, you acknowledge that your own generated
advertising content, including both organic brand content and paid
advertisements, has not been endorsed, sponsored or approved by the
Company.
Your use of the various materials provided under the
AIVLOG ad maker is simultaneously subject to the
AIVLOG Materials License Agreement.
11. Intellectual Property Rights
The Services are protected under the laws of copyright, patent,
trademarks and other applicable intellectual property rights. All
intellectual property rights in and to the Services are owned by us or
our third-party licensors to the full extent permitted under all
applicable laws. Unless expressly permitted in these Terms, you may not
publish, reproduce, distribute, display, perform, edit, adapt, modify,
or otherwise exploit any part of the Services without our written
consent.
We respect intellectual property rights and require you to
do the same. As a condition of your access to and use of the Services,
you agree not to use the Services to infringe on any intellectual
property rights, or access or use the Services or any content therein
for any commercial or unauthorized purposes. We reserve the right, with
or without notice, at any time and in our sole discretion to block
access to the Services or suspend or terminate the account of any user
who infringes or is alleged to infringe any intellectual property rights
or proprietary rights.
12. Content
Company's Content
Third Party Content/Services
User-Generated Content
Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated
with a PRO or CMO, then you must notify your PRO or CMO of the
royalty-free license you grant through these Terms in your User Content
to us. You are solely responsible for ensuring your compliance with the
relevant PRO’s or CMO’s reporting obligations and any other terms of
that PRO or CMO applicable to you. If you have assigned your rights to a
music publisher, then you must obtain the consent of such music
publisher to grant the royalty-free license(s) set forth in these Terms
in your User Content or have such music publisher enter into these Terms
with us. Just because you authored a musical work (e.g. wrote a song)
does not mean you have the right to grant us the licenses in these
Terms. If you are a recording artist under contract with a record label,
then you are solely responsible for ensuring that your use of the
Services is in compliance with any contractual obligations you may have
to your record label, including if you create any new recordings through
the Services that may be claimed by your label.
Through-To-The-Audience Rights. All of the rights you
grant in your User Content in these Terms are provided on a
through-to-the-audience basis, meaning the owners or operators of third
party services will not have any separate liability to you or any other
third party arising out of or in connection with such availability of
your User Content through such third party services.
Waiver of Rights to User Content. By uploading or
making available User Content to or through the Services, you waive any
rights to prior inspection or approval of any marketing, advertising or
promotional materials related to such User Content. You also waive (to
the extent permitted by applicable law) any and all rights of privacy,
publicity, or any other rights of a similar nature in connection with
your User Content, or any portion thereof. You hereby waive (to the
extent permitted by applicable law) and agree never to assert any and
all moral rights you may have in or with respect of any of the User
Content you upload or otherwise make available through the Services, or
to support, maintain or permit any action based on any such moral
rights.
We, or authorised third parties, reserve the right to cut,
crop, edit or refuse to upload your content in our or their sole
discretion. In addition, we have the right – but not the obligation – in
our sole discretion to remove, disallow, block or delete any User
Content (i) that we consider to violate these Terms (including without
limitation the content standards set out at Section 6 above), or (ii) in
response to complaints from other users or third parties, with or
without notice and without any liability to you. As a result, you shall
save copies of any User Content that you upload or make available to the
Services on your personal device(s) in the event that you want to ensure
that you have permanent access to copies of such User Content.
We
accept no liability in respect of any content or information submitted
or made available by users of the Services and made available on the
Services or published elsewhere by users and/or third parties. You
acknowledge that we have no obligation to pre-screen, monitor, review,
or edit any content made available by you and other users on the
Services (including User Content).
Complaints.
You acknowledge and agree that in
certain circumstances, we have the right to disclose your identity to
any third party who is claiming that any User Content posted or uploaded
by you to our Services constitutes a violation of their intellectual
property rights, or of their right to privacy.
If you wish to
complain about information and materials (including User Content)
uploaded by other users, or if there is another issue you wish to raise
with us, please contact us at
feedback@signoo.net.
If you believe that any content uploaded or made available
through our Services infringes your copyright, you may file a
"Copyright Infringement Report" via tapping on the button
"..." - "Report" on the page of every specific
content posted on the Platform to request the removal of the alleged
infringing content from the Platform. You may also submit a copyright
infringement notification to us at
feedback@signoo.net. The notification must include the following:
Please consider whether fair use or a similar exception to copyright
applies before you submit a notification, and please also be aware that
intentionally submitting a misleading or fraudulent report may lead to
liability for damages under applicable laws.
We will take
commercially reasonable measures to expeditiously remove from our
Services any infringing material that we become aware of. It is our
policy, under appropriate circumstances and in our discretion, to
disable or terminate the accounts of users of the Services who
repeatedly infringe copyrights or intellectual property rights of
others.
Feedback.
While our own staff is continually
working to develop and evaluate our own product ideas and features, we
pride ourselves on paying close attention to the interests, feedback,
comments, and suggestions we receive from the user community. If you
choose to contribute by sending us or our employees or personnel any
ideas for products, services, features, modifications, enhancements,
content, refinements, technologies, content offerings, promotions,
strategies, or product/feature names, or any related documentation,
artwork, computer code, diagrams, or other materials (collectively
"Feedback"), then regardless of what your
accompanying communication may say, the following terms will apply, so
that the status of such Feedback is clearly understood by you and us.
Accordingly, by sending Feedback to us, you agree that:
13. INDEMNITY
YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY, ITS PARENTS,
SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES,SUBLICENSEES, AGENTS AND ADVISORS AND CREATORS AND
THEIR ASSIGNS AND SUCCESSORS (EACH AN “INDEMNIFIED PARTY”) FROM AND AGAINST ANY AND ALL DIRECT AND INDIRECT LOSSES, CLAIMS,
LIABILITIES, DAMAGES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED
TO, ATTORNEYS’ FEES AND EXPENSES, WHICH MAY BE SUFFERED OR INCURRED BY
AN INDEMNIFIED PARTY OR ASSERTED AGAINST AN INDEMNIFIED PARTY ARISING
OUT OF A BREACH BY YOU OR ANY USER OF YOUR ACCOUNT OF THESE TERMS OR
APPLICABLE LAWS OR ARISING OUT OF A BREACH OF YOUR OBLIGATIONS,
REPRESENTATION OR WARRANTIES UNDER THESE TERMS.
14. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT
CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO
AS A CONSUMER.
THE SERVICES (INCLUDING COMPANY’S CONTENT) ARE
PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WE MAKE NO
CONDITION, WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE, EITHER
EXPRESS OR IMPLIED, TO YOU WITH RESPECT TO THEM. IN PARTICULAR, WE DO
NOT REPRESENT OR WARRANT TO YOU THAT:
NO CONDITIONS, REPRESENTATIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY
IMPLIED CONDITIONS, REPRESENTATIONS, TERMS OR WARRANTIES AND TERMS AS TO
SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, CONFORMANCE
WITH DESCRIPTION, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS) APPLY
TO THE SERVICES (INCLUDING COMPANY’S CONTENT) EXCEPT TO THE EXTENT THAT
THEY ARE EXPRESSLY SET OUT IN THESE TERMS. WE MAY CHANGE, SUSPEND,
WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE PLATFORM
AND/OR SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT
NOTICE.
WE ARE NOT OBLIGATED TO PROVIDE ANY TRANSITION SERVICES OR
TECHNICAL OR OTHER SUPPORT TO YOU AFTER SUSPENSION OR TERMINATION OF ANY
SERVICES, NOR ARE WE SUBJECT TO ANY DISASTER RECOVERY OBLIGATION OR
COMMITMENT.
15. LIMITATION OF LIABILITY
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES
WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS
INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED DIRECTLY BY OUR
NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES OR AGENTS AND FOR FRAUD OR
FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE
SHALL NOT BE LIABLE TO YOU FOR:
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR
NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY
OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE
CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING
TEXT-MESSAGING AND DATA CHARGES. IF YOU ARE UNSURE WHAT THOSE CHARGES
MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE
SERVICE.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT MADE
AVAILABLE ON OR THROUGH THE PLATFORM OR SERVICES BY ANY USERS OR THIRD
PARTIES.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU
HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES,
INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT
OWNER, THIRD PARTY WEBSITE OR RESOURCE PROVIDER, OR OTHER USER, OR
CREATOR OF THE PLATFORM IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY,
AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL
CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND
NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
YOUR DISPUTES WITH SUCH THIRD PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S
MAXIMUM AGGREGATE LIABILITY TO YOU WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR OTHERWISE
ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE PLATFORM OR
SERVICES SHALL BE LIMITED TO THE HIGHER OF (A) THE AMOUNT YOU HAVE
PAID TO US WITHIN TWELVE (12) MONTHS PERIOD IMMEDIATELY PRECEDING SUCH
CLAIM
OR (B) FIFTY US DOLLARS (USD $50) OR THE EQUIVALENT AMOUNT IN YOUR
LOCAL CURRENCY. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE EXCLUSION
OF WARRANTIES IN SECTION 14 AND LIMITATION OF LIABILITY IN THIS
SECTION 15 AND IN THE OTHER PROVISIONS OF THESE TERMS AND THE
ALLOCATION OF RISK HEREIN ARE ESSENTIAL ELEMENTS OF THE BARGAIN
BETWEEN THE PARTIES, WITHOUT WHICH THE COMPANY WOULD NOT HAVE PROVIDED
ACCESS TO THE PLATFORM AND/OR
THE SERVICES TO THE USER.
16. Interruption and Termination of Services
We will use commercially reasonable efforts to keep the Services
operational. However, we do not guarantee the availability of any
Services, unless otherwise mandated under applicable laws. You
acknowledge that the Services may be interrupted from time to time for
various reasons (e.g., scheduled or emergency downtime or failure of
network or telecommunication service providers).
We may also end
the Services and your access or use of the Services permanently.
You
agree that we will not assume any obligations or liabilities to you with
respect to the Services for withdrawal of the Service Plans, or
interruption, modification or termination of the Services or any part
hereof, to the maximum extent permitted by applicable law.
17. Other Terms
a.
Applicable Law and Jurisdiction. Except as may be set
forth in any Supplemental Terms - Jurisdiction Specific section below,
these Terms, their subject matter and their formation, are governed by
the laws of Singapore. Any dispute arising out of or in connection with
these Terms, including any question regarding existence, validity or
termination of these Terms, shall be referred to and finally resolved by
arbitration administered by the Singapore International Arbitration
Centre in accordance with the Arbitration Rules of the Singapore
International Arbitration Centre for the time being in force, which
rules are deemed to be incorporated by reference in this clause. The
seat of the arbitration shall be Singapore. The Tribunal shall consist
of three (3) arbitrators. The language of the arbitration shall be
English.
b. Survival. This
Section 17.b, the rights granted to us in Section 12, and Sections 11,
13, 14, 15 and remaining terms of Section 17 shall survive the
termination of these Terms.
c. Open Source. The
Platform contains certain open source software. Each item of open source
software is subject to its own applicable license terms.
d. Entire Agreement.
These Terms constitute the whole legal agreement between you and the
Company and govern your use of the Services, superseding any prior
communications and proposals (whether oral, written or electronic)
between you and us.
e. No Waiver. Our failure to
enforce any provisions of these Terms or respond to a violation by any
party does not waive our right to subsequently enforce any terms or
conditions of these Terms or respond to any violations. Nothing
contained in these Terms is in derogation of our right to comply with
governmental, court, and law enforcement requests or requirements
relating to your use of the Services or information provided to or
gathered by us with respect to such use.
f. Security.
We do not guarantee that our Services will be secure or free from bugs
or viruses or Harmful Code. You are responsible for configuring your
information technology, computer programs and platform to access our
Services. You should use your own virus protection software.
g. Severability.
If any court of law, having jurisdiction to decide on this matter, rules
that any provision of these Terms is invalid, then that provision will
be removed from these Terms without affecting the rest of these Terms,
and the remaining provisions of these Terms will continue to be valid
and enforceable.
h. Linked Third-party Content.
The Services may contain links to third-party content. We do not
control, endorse, sponsor, recommend, or otherwise accept responsibility
for such content. Use of any linked third-party content is at the
user's own risk.
i. Rights of third parties.
Unless specifically provided for under any Supplemental Terms -
Jurisdiction Specific, any person who is not a party to these Terms
shall have no right whatsoever under the Contracts (Rights of Third
Parties) Act 2001 to enforce these Terms or any of its terms.
j. Prevailing language.
These Terms may be provided in language versions other than English
language version. Unless otherwise explicitly stated under these Terms,
if there is any inconsistency among different language versions, the
English version shall prevail.
k. Any Questions?
Get in touch at
feedback@signoo.net.
Supplemental Terms – App Stores
To the
extent permitted by applicable law, the following supplemental terms
shall apply when accessing the Platform and the Services through
specific devices and their applicable app stores:
Apple App Store.
By accessing the Platform and the Services through a device made by
Apple, Inc. ("Apple"), you specifically acknowledge and agree
that:
Google Play. By downloading the Platform and the Services from Google Play (or its successors) operated by Google, Inc. or one of its affiliates ("Google"), you specifically acknowledge and agree that:
Supplemental Terms – Jurisdiction Specific
The United States
If you are using the Platform in the United States, the following
additional terms apply:
European Union and United Kingdom
The following
terms apply if you reside in the European Union or the United
Kingdom:
Nothing in these Terms affects your right to rely on any
applicable mandatory local law or choice of jurisdiction provision that
cannot be varied by contract. The European Commission provides for an
online dispute resolution platform, which you can access at
https://ec.europa.eu/consumers/odr/.
If we permanently suspend or terminate your account, we will notify you
in advance and allow you reasonable time to access and save information,
files, and content associated with your account unless we have reason to
believe that continued access to your account will violate applicable
legal provisions, requests by law enforcement or other government
agencies, or cause damage to us or to third parties.
Section 7 and Section 8 of these Terms are replaced with the following
language:
Service Plans
Some of the Services
are provided to you free-of-charge ("Free Services"); while other Services require payment before you can use them
including but not limited to the AIVLOG Cloud Space Subscription
Service, AIVLOG VIP Subscription Service etc. ("Premium Services").
For more details of the Premium Services which we will
provide you with, please refer to the detailed service descriptions on
the purchase page on the Platform. We may develop different versions of
this Platform with different Services for different terminal devices in
different regions. You should obtain, download, and install the
appropriate version for your device and jurisdiction.
If you
purchase or subscribe to any of our Premium Services, you must first
create an account on the Platform and login to it. The Premium Services
are only available to users of either: (i) the Apple iOS version of the
Platform who have a valid Apple ID account; (ii) the Google Android OS
version of the Platform who have a valid Google account; and/or (iii)
the AIVLOG Web version of the Platform who have a valid AIVLOG
account.
You may purchase or subscribe to any of our Premium
Services by paying via your Apple ID, Google account and/or AIVLOG
account (as applicable) .
You may purchase the Premium Services
under a fixed billing period or an automatic renewal subscription fee in
advance on a monthly basis (or another interval set on the purchase page
of the Platform or notified to you prior to your subscription).
If
you purchase the Premium Services under an automatic renewal agreement,
you agree that: (a) Apple, Google and/or AIVLOG (as applicable) may
store and continue billing your payment method (e.g. credit card) to
avoid interruption of the Premium Services; and (b) Apple, Google and/or
AIVLOG (as applicable) may calculate taxes payable by you based on the
billing information that you provide at the time of purchase.
You
can find information about the subscription plan pricing either on the
purchase page of our Premium Services or the Platform’s description page
in Apple App Store and/or Google Play (as applicable). All subscriptions
on the AIVLOG APP version are payable through your Apple ID/Google
account and such payments will be processed in accordance with the terms
and conditions of the Apple App Store/Google Play Store. Subscriptions
on AIVLOG Web are payable through your AIVLOG account and such payments
will be processed in accordance with these Terms, the terms and
conditions of third-party payment service providers and/or additional
payment terms.
Renewal and Cancellation
If you subscribe to
the Premium Services under an automatically renewable agreement, your
subscription fee will automatically renew for an additional period equal
in duration as your preceding subscription term unless indicated
otherwise on the Platform, and your payment will automatically be
charged at the start of each new subscription period for the fees
applicable to that period, unless you cancel or change your subscription
of the Premium Services before the end of the applicable subscription
period.
If you do not want to continue to be charged on a recurring
basis, you must cancel your subscription of the Premium Services through
your Apple ID/Google account before the end of the then-current
subscription period. You can learn more about how to cancel your
subscription of our Services in the FAQ. If you cancel, you will still
have access to the Premium Services until the end of the then-current
subscription period and be charged the full subscription fee for such
subscription period unless otherwise set forth in the "Supplemental
Terms – Jurisdiction-Specific" section below or required by
applicable law, e.g. if your cancelled the subscription for cause. After
the cancellation takes effect on the last day of the then-current
subscription period, you will be downgraded to the Free Services.
If
your Premium Services term expires and you do not renew or you downgrade
to other Services, we have the right to cancel your corresponding
Premium Services or downgrade those to the Services consistent with your
actual payment, i.e. downgrade your cloud space storage capacity to the
free storage capacity provided by the Platform or downgrade it to the
corresponding capacity consistent with the amount you actually pay for.
Within the time limit that we have notified you in advance, you should
transfer and back up your content (including but not limited to your
video drafts, photos, stickers and other materials) stored in the cloud
space provided by the Platform under your Premium Services before the
expiration of such Services, and ensure that the content you store does
not exceed the storage capacity that you are entitled to use, so as to
avoid the loss of your content and data due to the absence of sufficient
cloud space storage capacity. We shall not be liable for any loss of
content or data resulting from your failure to procure and pay for
sufficient cloud space storage capacity.
Whether it is Free
Services or Premium Services provided by the Platform, you will always
use those services in accordance with all the relevant rules of the
Platform, file type restriction, format restriction, size limit, etc. If
your use violates any rule, we have the right to stop the corresponding
Services, and delete content that exceeds your entitled storage capacity
or that does not comply with the relevant rules. If you do not complete
the backup or transfer of any relevant content within the time limit
after being prompted by us, we shall not be liable for any resultant
loss of content or data.
Cloud Space Services
You may access limited cloud storage space provided by us on a
free-of-charge basis; and you may also access more cloud storage space
by subscribing to the relevant Premium Services, if such Premium
Services are made available to you. Depending on the relevant Service
Plan applicable to you, the storage capacity of the cloud space
allocated to you may differ. The allocated storage capacity applicable
to the Premium Services you purchase will be displayed to you on the
relevant Premium Services description page or when you make the
purchase. You shall not use storage capacity exceeding the allocated
storage capacity.
In addition to these Terms, you shall comply with
the applicable requirements and restrictions applicable to the cloud
space storage services (e.g., file type restriction, format restriction,
document size limit). If your use violates these Terms, applicable laws
or any applicable rule, we have the right to take corresponding
measures, such as suspending or terminating your access to the
corresponding Services, deleting your content which exceeds your
entitled storage capacity or that fails to comply with the these Terms,
applicable laws, or rules applicable to such cloud space storage
feature.
Withdrawal information and Refunds
Right of withdrawal
You have the right to withdraw from this contract within 14 days
without giving any reason.
The withdrawal period will expire after 14 days from the day of the
conclusion of the contract. To exercise the right of withdrawal, you
must inform us (Signoo Technology(Shenzhen) Co., Ltd., [ 1 Raffles
Quay, #26-10, South Tower, Singapore 048583,
feedback@signoo.net]) of your decision to withdraw from this contract by an unequivocal
statement (e.g. a letter sent by post or email). You may use the
attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send
your communication concerning your exercise of the right of withdrawal
before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all
payments received from you, including the costs of delivery (with the
exception of the supplementary costs resulting from your choice of a
type of delivery other than the least expensive type of standard
delivery offered by us), without undue delay and in any event not
later than 14 days from the day on which we are informed about your
decision to withdraw from this contract. We will carry out such
reimbursement using the same means of payment as you used for the
initial transaction, unless you have expressly agreed otherwise; in
any event, you will not incur any fees as a result of such
reimbursement.
If you request to begin the performance of services during the
withdrawal period, you shall pay us an amount which is proportional to
what has been provided until you communicate to us your withdrawal
from this contract, in comparison with the full coverage of the
contract.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the
contract)
*Delete as appropriate.
Notwithstanding the
foregoing, any cancellation and refund via the Apple App Store or Google
Play is subject to the terms and conditions of Apple's App Store
Terms of Service and Google Play Terms of Service respectively. You will
continue to have access to the Premium Services until your subscription
payment is refunded by Apple or Google.
The paragraphs under
"User-Generated Content" of Section 12 shall not apply
Section
16 of these Terms is replaced with the following language:
Modification, Interruption and Termination of Services
We reserve the right to change our service plans, including
adjusting features/services available if there is a valid reason for the
change. A valid reason may be in particular (i) to implement changed
legal requirements or case law, (ii) to implement changed technical
requirements such as a new technical environment or other operational
reasons, (iii) to maintain operations, (iv) to adapt to changed market
conditions such as increased user numbers, and (v) for your benefit. You
will not incur any additional costs for changes to the Service Plans and
their functionality. We will inform you about the change in a clear and
comprehensible manner.
If a change to our service plans affects
your ability to access or use the service plans more than
insignificantly ("Significant Change"), we will inform you of
this at least six weeks in advance by e-mail ("Change
Notice"). The Change Notice will include the characteristics and
timing for the Significant Change and describe your rights, which are as
follows:
In the event of Significant Changes, you have the right to
terminate the contract free of charge with 30 days' notice. The
period begins once you receive the Change Notice. If the change is made
after you have received the Change Notice, the period shall only start
once we implement the change.
We will use commercially reasonable
efforts to keep the Services operational. However, we reserve the right
to interrupt or modify the availability of the Services or any part
thereof (including modifying or withdrawing any Services) from time to
time such as for scheduled or emergency downtime, unless prohibited by
applicable law. We will take your legitimate interests into account and
will inform you of any restrictions in good time.
If you have
subscribed to the Services, we will refund any subscription fees paid
but not used on a pro rata basis to you if required by applicable
law.
Sections 14 and 15 of the terms are replaced by the
following:
Our approach to content moderation
We review
content uploaded by our users proactively (through systems we have in
place which detect illegal and harmful content, including content which
may be in violation of these Terms or our Community Guidelines) and
reactively (for example, on receipt of notice from users or
authorities). To do this we deploy a combination of technology and human
moderators.
We may remove or restrict access to any content, including yours, if we
reasonably believe (i) it is in breach of these Terms or our Community
Guidelines or (ii) it causes harm to us, affiliates, our users or other
third parties. In case of severe or repeated violations, we might also
take account-level action, including suspending your access to certain
features, or temporarily or permanently banning your account.
If
you think we have made a mistake in removing or restricting your content
or restricting or suspending your account, you can contact us via
feedback@signoo.net.
Brazil
If you are using the Platform in Brazil,
the following additional terms apply:
a. Accepting these Terms.
To use or access the Platform, you must agree with the Terms. Be aware
that the provisions herein will govern the relationship between you and
the Platform. If you do not agree with all terms below, you will not be
allowed to use or access the Platform. Your access to and use of our
Services is also subject to our
Privacy Policy, which you also have to agree with, and the terms of which can be
found directly on the Platform, or where the Platform is made available
for download, on your mobile device’s applicable app store, and is
incorporated herein by reference.
b. Parental and Guardian Consent.
If you are 16 years of age or above but under the age of 18, you declare
that you had the assistance of your parent or legal guardian to use the
Services and to agree to these Terms. If you are under the age of 16,
your parent or legal guardian must agree to these Terms on your behalf,
otherwise you cannot use the Services. If you are the parent or legal
guardian responsible for the minor, this Terms are applicable to you,
and you hereby agree with them.
c. Changes to these Terms.
In the case of relevant changes that require the user´s consent, we will
present the new Terms to obtain your consent in relation to the new
Terms.
d. Applicable Law and Jurisdiction. These
Terms, their subject matter and their formation, are governed by
Brazilian law. You and we both agree that the courts of Brazil will have
exclusive jurisdiction.
e. Language. These Terms
of Service may have been prepared in the English language and in the
Portuguese language. If you are a user residing in Brazil, you shall
refer to the Portuguese version, which shall prevail.
f. Your Content.
In connection with your use of the Services, you may be able to upload
or submit content to be made available through the Services (“Your
Content”). As a condition of your use of the Services, you grant us a
nonexclusive, perpetual, irrevocable, royalty-free, worldwide,
transferable, sublicensable license to access, use, host, cache,
reproduce, transmit, and display Your Content in connection with your
use of the Services. By submitting Your Content through the Services,
you represent and warrant that you have, or have obtained, all rights,
licenses, consents, permissions, power and/or authority necessary to
grant the rights granted herein for Your Content. You agree that Your
Content will not contain material subject to copyright or other
proprietary rights, unless you have the necessary permission or are
otherwise legally entitled to upload the material and to grant us the
license described above. Notwithstanding anything to the contrary, we do
not, nor have any obligation to maintain Your Content. Your Content will
not be available once you delete the Platform.
g. Use of the Platform.
You are responsible for providing the mobile device, wireless service
plan, software, Internet connections and/or other equipment or services
that you need to download, install and use the Platform. We do not
guarantee that the Platform can be accessed and used on any particular
device or with any particular service plan. We do not guarantee that the
Platform or will be available in any particular geographic location. As
part of the Services, you may receive push notifications or other types
of messages directly sent to you in connection with the Platform (“Push
Messages”). You acknowledge that, when you use the Platform, your
wireless service provider may charge you fees for data, text messaging
and/or other wireless access, including in connection with Push
Messages. You have control over the Push Messages settings, and can opt
in or out of these Push Messages through the Services or through your
mobile device’s operating system (with the possible exception of
infrequent, important service announcements and administrative
messages). Please check with your wireless service provider to determine
what fees apply to your access to and use of the Platform, including
your receipt of Push Messages. You are solely responsible for any fee,
cost or expense that you incur to download, install and/or use the
Platform on your mobile device, including for your receipt of Push
Messages.
h. Termination. We reserve the right, in
our sole discretion, to deny access to the Platform and the Services by
any User, or to modify, suspend or terminate any User's access to
or use of the Platform and the Services at any time, for any reason or
for no reason, without notice. We may also, in our sole discretion and
at any time, discontinue providing the Platform and the Services, or any
part thereof, with or without notice. We may notify the User about the
termination or suspension of the account or discontinuance of the
Platform and the Services within 15-days prior notice given by
communication via e-mail, message, app or other alternative means of
communication only if User has not given cause for such termination,
suspension or discontinuance, otherwise we are not obliged to make any
prior communication to the User.
Japan
If you are using the Platform in
Japan, the following additional terms apply:
South Korea
If you are using the Platform in South
Korea, the following additional terms apply:
Thailand
If you are using the Services in
Thailand, the following additional terms apply. In the event of any
conflict between the following additional terms and the provisions of
the main body of these Terms, the following terms shall prevail.
Indonesia
If you are using our Services in
Indonesia, the following additional terms apply. In the event of any
conflict between the following additional terms and the provisions of
the main body of these Terms, the following terms shall prevail.
Mexico
If you use our Services in Mexico, the
following additional terms apply. In the event of a conflict between the
following additional terms and the provisions of the main body of these
Terms, the following terms shall prevail. If you are under the age of
18, you may only use the Services with the consent of your parent or
legal guardian. Please ensure that your parent or legal guardian has
reviewed, discussed and agreed to these Terms, with you.
Personal Data.
We will process your personal data for purposes related to the execution
and administration in accordance with our Privacy Policy and these
Terms. You grant us consent to share your personal data with third
parties if necessary to comply with our obligations. You may exercise
your data protection rights by contacting us via the Privacy Report.
We
may process your personal data to contact you and require additional or
complementary information related to the intents established in these
Terms.
Language. These Terms have been prepared in
the English language and in the Spanish language. If you are residing in
Mexico, you shall refer to the Spanish version, which shall prevail.
Applicable Law and Jurisdiction.
These Terms, their subject matter and their formation, are governed by
the laws of Mexico. Any dispute arising out of or in connection with
these Terms, including any question relating to the existence, validity
or termination of these Terms, when applicable, may be brought to the
conciliation process before the Procuraduría Federal de Protección al
Consumidor (Consumer Protection Agency) located in Mexico City, or
submitted to the jurisdiction of the competent courts located in Mexico
City.