Overview
These Terms of Use (“Terms”) govern the access and use of the services provided by us, which include our products, application software, information services, Internet services, websites, and related services (collectively referred to as “Services”). By using our Services, you (“you” or “your”) agree to these Terms, which form a legally binding agreement between you and us.
Changes to These Terms
We may amend these Terms at any time in our discretion. If such changes affect these Terms, the updated Terms will be posted via the Device. By continuing to use our Services after such updates, you agree to the amended Terms. If you do not agree to the updated Terms, we may not be able to provide updates or enhancements, and certain features may no longer be available to you.
Permitted Use and Restrictions
1.Personal, Noncommercial Use: The Services are provided solely for your personal, noncommercial use. You may not use the Services outside of authorized countries where your device is permitted for sale. Unauthorized use may result in restricted access to certain features or content.
2.Accessing Services: You must access the Services through the designated interfaces provided by us. Unauthorized access, including through automated means such as scripts or web crawlers, is prohibited.
3.Eligibility: You may not use our Services if: (a) you are not of legal age to form a binding contract with us, or (b) you are barred or prohibited from accessing content under applicable laws in your country of residence. To use our Services, you must be at least 16 years old or the minimum legal age in your jurisdiction. If you are under the legal age, you may only use the Services with the consent of your parent or legal guardian.
4.Parent/Guardian Responsibility: If you are a parent or guardian permitting a minor to use the Services, you agree to (i) supervise their use, (ii) assume all risks, including those related to content access and transactions, (iii) assume liability for the minor's use, and (iv) be bound by these Terms on behalf of the minor.
5.Unauthorized Exploitation: You agree not to exploit the Services in any unauthorized way, including trespassing on or overburdening network/server resources, or using the Services for any purpose other than those authorized. Copyright and intellectual property laws protect the Services, and you agree to respect these rights. You may not modify, publish, distribute, or create derivative works from the Services unless expressly permitted.
6.Intellectual Property Rights: All intellectual property rights in and to the Services, including software and content (excluding content from third-party partners), are owned by us. You do not acquire any rights to our Services or content, except for a non-exclusive, non-transferable license to use them in accordance with these Terms.
7.Software License: You are granted a non-exclusive, non-transferable license to use our Software as incorporated in the Device, subject to these Terms. You may not decompile, reverse engineer, or attempt to manipulate any software or security components unless permitted by law.
Disclaimer Regarding Content
To the maximum extent permitted by law, our Services are provided “as is” without warranty of any kind. We are not responsible for third-party content (such as advertisements or user-generated content) accessed through the Services. We disclaim all liability for any offensive, harmful, inaccurate, or inappropriate content you may encounter.
No Warranty
We provide the Services using commercially reasonable skill and care, but we do not guarantee that the Services will be uninterrupted, secure, or error-free. We disclaim all warranties, express or implied, including but not limited to warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose.
Limitation of Liability
To the extent permitted by law, we are not liable for any indirect, incidental, special, punitive, or consequential damages, or for any loss of business, profits, data, or reputation resulting from the use or inability to use the Services. Our liability for any direct damage caused by the Services is limited to the amount paid by you for the Services during the preceding 12 months.
Indemnity
You agree to indemnify, defend, and hold us harmless from any claims, damages, costs, or liabilities arising from your use of the Services, including any user-generated content or third-party interactions.
Limitation on Access
We reserve the right to refuse access to the Services and may limit access to certain features or content at our discretion. We also reserve the right to access and disclose user information if necessary to comply with legal obligations, enforce these Terms, address security issues, or protect our rights.
Privacy and Information
We are committed to protecting user privacy. By using our Services, you agree to the collection, use, and disclosure of your data as described in our Privacy Policy, which may be amended from time to time.
Software Updates
We may provide automatic software updates to enhance security, fix bugs, or improve features. These updates may occur without user intervention, and you agree to receive such updates as part of your use of the Services.
General Legal Terms
1.Entire Agreement: This Agreement constitutes the entire legal agreement between you and us regarding the use of the Services.
2.Waiver: Failure to enforce any right or provision of these Terms does not constitute a waiver of that right.
3.Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in effect.
4.Third-Party Beneficiaries: Members of our company group may directly enforce and rely on provisions in this Agreement that benefit them.
5.Export Control: You agree to comply with all applicable export laws and regulations regarding your use of the Services.
6.Governing Law and Dispute Resolution: This Agreement is governed by the laws of the People’s Republic of China. Any disputes arising from this Agreement will be subject to arbitration under the rules of the Beijing Arbitration Commission, with the seat of arbitration in Beijing.
Transfer and Assignment
You may not transfer or assign these Terms or any of your rights or obligations without our prior written consent.
Force Majeure
We are not liable for any failure to perform, or delay in performance, of our obligations under these Terms caused by events beyond our reasonable control, including natural disasters, strikes, or government actions.
Statute of Limitations
Any claim arising from your use of the Services must be filed within 13 months of the event giving rise to the claim.
Contact Us
If you have any questions or concerns about these Terms, please contact us at: help@whaleframely.com
Last Updated:2024.12.04
