Thank you for using the service Athentek cloud positioning service platform (“Service”). This Service, developed by Athentek Inc. (“Company”), is designed to provide the feature of positioning related service. In order to protect the rights of Customers, if Customers start using the Services, Customers are deemed to agree with using electronic document for communication, and are deemed to have read, understood and agreed with the Terms of Positioning Service (including but not limited to any modification, appendix, or supplement to the Terms of Positioning Service in writing or other forms,) If Customer has a doubt about the Terms of Positioning Service, Customer shall stop using this Service immediately.
- Obligation of Customer
- 1.1 If Customer uses our Services in Customer’s product, Customer is responsible for maintaining the completeness of our Services. Customer cannot modify, including but not limited to alter, add, delete or cover the display and content provided by Company. Moreover, Customer cannot have any commercial information on our Services without prior written consent of Company.
- 1.2 Customer shall note if there is any update about our Services and shall update the latest version of our Service. If Customer fails to update the latest version and cause any damages arising of it, Customer shall bear the sole legal responsibility for the damages.
- 1.3 When using our Services or using our Services in the product, Customer shall abide by the Terms of Positioning Service, the related act or regulation of Republic of China (Taiwan), the related act or regulation of other countries where Customer is located, or related international common practice. Customer will not use the Services for illegal purpose, or Customer will not illegally use the Services, moreover, Customer will not use the product to do any illegal or infringing behavior to others, including but not limited to:
- (1) Infringement of privacy, reputation, right of publicity, trade secrets, trademark, copyright, patent, other intellectual property rights and the other rights;
- (2) Making public or transmitting slanderous, libelous, threatened, offensive, indecent, obscene, false content, or anything which is against public policy or morals in words, pictures or any other forms of document;
- (3) Breach of the confidentiality obligation according to law or agreement;
- (4) Using Services with fraudulent misrepresentation;
- (5) Uploading, transmitting, disseminating computer virus;
- (6) Doing illegal behavior, disseminating false, misleading or crime information;
- (7) Selling guns, drugs, narcotics, pirated software or other prohibited goods;
- (8) Providing gambling information or soliciting people gambling in any method;
- (9) Spamming commercial messages or malware information;
- (10) Destroying or interrupting the information, activities, or features provided by our Services. Intruding, trying to intrude or destroying the system of our Services, or using our services to do any infringing or destroying behavior;
- (11) Any behavior which is against law, public policy or morals, or any behavior which is suspected of against law, public policy or morals;
- (12) Any behavior which Company recognizes it inappropriate.
- Renewal, Suspension, Termination of Services, Disclaimer
- 2.1 Company is entitled to renew, suspend, or terminate the Services. Customer has no right to request for opposition, and has no right to request for any compensation arising out of termination of Services.
- 2.2 Under the circumstances set forth below, the Services may be temporarily suspended, or Company is entitled to suspend the Services or suspend the Customer’s account:
- (1) Customer operates abnormally;
- (2) Customer’s behavior is in violation of law or the Terms of Positioning Services;
- (3) The Service is suspended or cannot be normally operated due to any third party’s behavior;
- (4) Due to natural disasters, power outrage, Customer moving to the area where network communication fails, or any other circumstances that cannot be attributed to Company.
- 2.3 The Service applies to positioning technology complying with modern standard, and Company does not warrant that positioning is accurate. (For example, the GPS error sources, signal transmission errors, the error of receiving device, Customer moving to high place, trees shielding the positioning, or high voltage electrical tower and etc.)
- 2.4 Company is not obligated to take any legal responsibility or liability arising out of renewal, suspension, termination of Services or the error of positioning.
Company will obtain the positioning information of Customer or other users using Customer’s product. Company will use the information only for providing real time positioning services, and will not store or use tracking information. Company will take safety measures meeting modern standard technologies which can be reasonably expected to protect the information safety of Customer and users using Customer’s product.
- Intellectual Property Rights
- 4.1 Company hereby grants Customer a non-transferable, non-sublicensable, and non-exclusive right to use our Service in a way agreed by Company. Customer has the right to disclose Company’s trademark, name, or logo in connection with the promotion or marketing.
- 4.2 The Services, the design and the concept (including but not limited to trademark, words, pictures, photos, logos, source code) are protected by Copyright Act and Trademark Act of Republic of China (Taiwan). Without obtaining Company’s prior consent, any use of the Service shall be deemed to constitute infringement of intellectual property rights. The software, programming used, including but not limited to production, pictures, archives, information or display, belong to Company or other intellectual property rights owner, including but not limited to trademark, patent, copyright, trade secrets or proprietary technology. Customer, or any other users, shall not modify, reproduce, doing public broadcast, adapt, distribute, publicize, making public release, reverse engineer, disassemble or decompile Company’s products. If Customer or other user is in violation of the obligations set above, Customer or other user is legally responsible for all damages, liabilities, costs, and expenses (including but not limited to court fees and attorney fees).
- 4.3 Except if agreed otherwise in the Terms of Positioning Service, Customer’s use of the Service cannot be construed that Customer has been explicitly or implicitly authorized the intellectual property rights by Company.
- 5.1 If Customer is in violation of the Terms of Positioning Services and causes damages to Company (including but not limited to compensation, fine, settlement fee, court fee and attorney fee), Customer is liable for the damages and the fees.
- 5.2 If Customer uses our Services in Customer’s product, Company is not liable for any damages to any third party using Customer’s product.
- Terms agreed upon both parties
- 6.1 If the Terms of Positioning Service is modified, Company will give notice to Customers or make an announcement. If Customers has a doubt about the modified clauses, Customer shall immediately stop using the Services. Otherwise, Customers are deemed to have accepted the modified clauses.
- 6.3 In the event of the invalidity or unenforceability of any provision of the Terms of Positioning Services, such invalidity or unenforceability shall not affect the validity of the other portions of the Terms of Positioning Services.
- 6.4 The Services are provided “as is,” based on the established function and condition. Company reserves the right to modify a part of or all of the functions of the system.
- 6.5 The Services are provided with the established function and condition. Company does not warrant or guarantee, whether expressly or impliedly, that the Services will meet the specific requirement of Customer, including but not limited to liability, completeness, correctness, free of disconnected, or free of error.
- Governing Law and Jurisdiction
The Terms of Positioning Services shall be construed and controlled by laws of Republic of China (Taiwan), without regard to principals of conflict of laws. Any dispute, claim arising out of Customer in connection with the Services shall be submitted to the Taipei District Court of Taiwan (R.O.C).
Publication Date: (11/10/2015)Terms of Positioning Service1.0