This End User License Agreement (this "Agreement") is a legal agreement between you (hereinafter referred to as "you" or "Licensee"), and Tu Zhi Technology Limited (hereinafter referred to as "we," "us," "our," or "Licensor"), the developer and owner of the MutsGo mobile application (the "App") and its accompanying documentation and related services.
IMPORTANT: BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE APP, THE DOCUMENTATION OR ANY RELATED SERVICES, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Please read this Agreement carefully before downloading or installing the App. Particular attention should be paid to sections 3, 5, 8, 9 and 10, which are set out in capital letters or otherwise emphasized. If you disagree with this Agreement, or have any questions concerning it, please contact us before using the App. Any installing, copying, accessing or using of the App by you constitutes your acceptance of, and your promise to comply with, all the terms and conditions of this Agreement.
1. LICENSED SOFTWARE
The "Licensed Software" means the MutsGo mobile application, together with all accompanying documentation and materials, all updates, upgrades, patches and new versions made available to you, and any related services that we provide through the App or through the application stores on which the App is distributed.
2. GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, we hereby grant you (an individual) a limited, revocable, personal, non-exclusive and non-transferable right to download, install and use the Licensed Software on the mobile devices that you own or control, solely for your personal, private and non-commercial use, unless you have purchased a commercial or multi-user license from us in advance.
Sharing the Licensed Software with others, or allowing others to access the contents of the Licensed Software, is a violation of this license. You may not make the Licensed Software available over a network, or in any way provide the Licensed Software to multiple users. The Licensed Software is licensed to you, not sold to you, and we reserve all rights not expressly granted to you in this Agreement.
3. SUBSCRIPTIONS AND BILLING
Certain features of the Licensed Software are offered as a paid subscription purchased through the application store from which you obtained the App (for example, Google Play). If you purchase a subscription, the following terms apply:
- Payment. Payment is charged to your application store account upon confirmation of your purchase, at the price displayed at the time of purchase.
- Automatic renewal. Your subscription renews automatically for the same term (for example, monthly or annually) unless you cancel it at least 24 hours before the end of the current period. Your account is charged for the renewal within 24 hours prior to the end of the current period. Renewal is charged at the price in effect at the time of renewal.
- Managing and cancelling. You may manage or cancel your subscription at any time in your application store account settings. Cancellation takes effect at the end of the then-current billing period, and you will retain access to the paid features until that time. Uninstalling the App does not cancel your subscription.
- Free trials. If a free trial is offered, it converts into a paid subscription at the end of the trial period unless you cancel before the trial ends. Any unused portion of a free trial is forfeited when you purchase a subscription.
- Refunds. Except where required by applicable law, or as expressly stated in our Refund Policy, all payments are non-refundable and no refunds or credits are given for partially used subscription periods. Refund requests are handled by the application store in accordance with its own policies.
- Price changes. We may change subscription prices. Where required, we or the application store will give you advance notice of a price change, and your continued subscription after it takes effect constitutes your acceptance of the new price.
- Entitlement. Your subscription is tied to the application store account used to make the purchase. It is personal to you and may not be transferred, shared or resold.
4. COPYRIGHT AND INTELLECTUAL PROPERTY
All title, copyright and other intellectual property rights in and to the Licensed Software (including but not limited to any images, photographs, animations, video, audio, music, text and other content incorporated into the Licensed Software), the accompanying materials, and any copies of the Licensed Software, are owned by us or our licensors and suppliers.
The Licensed Software is protected by copyright laws and international treaty provisions. You must treat the Licensed Software like any other copyrighted material, and you may not remove or conceal any proprietary notices, labels or marks from the Licensed Software. All rights not expressly granted to you are reserved.
5. RESTRICTIONS ON USE
Licensee may not, and agrees not to, or enable others to:
- modify, adapt, translate, sublicense, rent, lease or loan all or any portion of the Licensed Software or its documentation;
- create any derivative works from all or any portion of the Licensed Software or its documentation;
- reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Software, except to the extent that such activity is expressly permitted by applicable law;
- remove or obscure our copyright or trademark notices, or the copyright and trademark notices of any third parties that we have included in the Licensed Software or its documentation;
- use a previous version of the Licensed Software after receiving a replacement or upgraded version (in which case you must destroy the prior version);
- use the Licensed Software to host applications for third parties, or as part of a facility management, service provider or service bureau arrangement;
- use the Licensed Software in any manner that is illegal or not authorized by this Agreement, including any use that infringes the rights of any third party or that is contrary to the terms of any third-party service.
6. PROTECTION OF PRIVACY
We respect and protect your privacy, and we will not share, sell, use or disclose your personal information to any third party except with your agreement, as described in our Privacy Policy, or where required or permitted by applicable law or regulation.
Under the following circumstances, we may disclose your personal information on the basis of your will or the law, and you will be responsible for the resulting consequences: 1. you have given your prior authorization; 2. disclosure is necessary to provide the products and services you have requested; 3. disclosure is required by relevant laws, regulations, or competent government agencies; 4. disclosure is necessary to protect our legal rights and interests; 5. you have violated the provisions of this Agreement.
7. TERMINATION
This Agreement is effective until terminated. You may terminate it at any time by uninstalling and destroying the Licensed Software, together with all copies thereof. We shall be entitled to terminate this Agreement immediately upon serving written notice on you in the following circumstances: if you commit a material breach of any of your obligations under this Agreement which is not capable of remedy, or if you commit a material breach of any of your obligations under this Agreement which is not remedied within fifteen (15) calendar days after receipt of a notice from us.
Termination of this Agreement shall not affect any rights, obligations or liabilities of either party which have accrued before termination, or which are intended to continue to have effect after termination. Sections 4, 5, 8, 9, 10 and 12 shall survive termination.
8. NO OTHER WARRANTIES
WE DO NOT WARRANT THAT THE LICENSED SOFTWARE IS ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED SOFTWARE IS AT YOUR SOLE RISK, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. SHOULD THE LICENSED SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
9. LIMITATION OF LIABILITY
IN NO EVENT WILL THE LICENSOR, OR THE LICENSOR'S AFFILIATES, ITS EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR ANY LOSS OF PROFITS OR SAVINGS, EVEN IF A REPRESENTATIVE OF THE LICENSOR OR ONE OF THE LICENSOR'S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION. THE AGGREGATE LIABILITY OF THE LICENSOR, AND THE LICENSOR'S AFFILIATES, EMPLOYEES AND AGENTS, UNDER OR IN CONNECTION WITH THIS AGREEMENT, SHALL BE LIMITED TO THE FEES LICENSEE HAS PAID FOR THE LICENSED SOFTWARE, IF ANY.
IF THE LICENSED SOFTWARE IS SUBJECT TO A THREATENED, POTENTIAL OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER'S RIGHT FOR WHICH THE LICENSOR MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING AND DELETE THE LICENSED SOFTWARE UPON RECEIVING THE LICENSOR'S WRITTEN NOTICE (INCLUDING BY EMAIL). THE LICENSOR MAY PROVIDE THE LICENSEE WITH A REPLACEMENT, UPDATED OR MODIFIED VERSION OF THE LICENSED SOFTWARE FREE OF CHARGE. IN SUCH CIRCUMSTANCE, THE LICENSOR SHALL NOT BEAR OTHER LIABILITIES TO YOU.
10. INDEMNIFICATION
LICENSEE WILL INDEMNIFY AND HOLD THE LICENSOR HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM OR RELATING TO LICENSEE'S ILLEGAL OR IMPROPER USE OF THE LICENSED SOFTWARE, OR LICENSEE'S BREACH OF THIS AGREEMENT, WHETHER ASSERTED BY ANY THIRD PARTY. LICENSEE'S OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
11. SEVERABILITY
In the event of the invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
12. MISCELLANEOUS
We do not allow you to utilize the Licensed Software to do anything that violates the local law or infringes any party's rights or intellectual property. If you utilize the Licensed Software to do an illegal activity or infringe another's rights, the consequent result shall be on your own responsibility. If you disagree with this item, please do not install and/or use the Licensed Software. To the maximum extent permitted by law, the final interpretation of this Agreement is left to our discretion.
Either party's failure to exercise any of its rights or responsibilities shall not constitute, or be deemed to be, a waiver or forfeiture of any such rights. If, for any reason, a court of competent jurisdiction finds any provision or portion thereof to be unenforceable or illegal, the remainder of this Agreement shall continue in full force and effect. If there is any conflict between this Agreement and the mandatory provision of any law in the Licensee's jurisdiction, the latter shall prevail.
This Agreement shall be governed by the laws of the Hong Kong Special Administrative Region, without regard to its conflict of laws principles. Any dispute arising from or in connection with this Agreement shall first be resolved through friendly consultation. If the parties cannot reach a resolution through consultation, either party may submit the dispute to the Hong Kong International Arbitration Centre (HKIAC) for final and binding arbitration in accordance with its Administered Arbitration Rules in force at the time the notice of arbitration is submitted. The seat of arbitration shall be Hong Kong, and the arbitration shall be conducted in English.
We may update this Agreement from time to time, and you are considered to accept such updates if you keep using the Licensed Software. If you cannot accept the updated Agreement, you may choose to terminate it by ceasing to use the Licensed Software. Under such circumstance, we will not bear any liabilities or expenses to you.
13. CONTACT
Should you have any questions concerning this Agreement, or if you desire to contact us for any reason, please write to us at jairafay915@gmail.com.
ACKNOWLEDGMENT
BY INSTALLING OR USING THE LICENSED SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN.