Dear Customer, thank you for using the product “Circo” (“Device”). This Device, developed by Athentek (“Company”), is designed to provide the smart positioning technology service (“Services”, including Device and Application) making users aware of the location of their children or elders and ensuring their safety when they are outside. In order to protect the rights of users (“Application User”) and people who wear the device (Device-wearing User), the Application Users and Device-wearing User are deemed to agree with the Terms of Service (including but not limited to any modification, appendix, or supplement to the Terms of Service in writing or other forms,) if they start using the Services. If Application Users have a doubt about the Terms of Service, Application Users shall stop using this Service immediately.
- Application Users agree both parties communicate in the form of email.
- The Service is designed to provide Application Users to position their children, elders who are under their custody, guardian or care. The Services involve the privacy of the Device-wearing Users due to the positioning. When using the Device, Application Users shall abide by Personal Data Protection Act and related acts of Republic of China (Taiwan) or other countries’ acts related to personal information protection, depending on where the Application User is located. For example, Device-wearing Users’ consent shall be obtained in advance to protect the right of the Device-wearing Users. If Application Users fail to meet the requirement or do any behavior contrary to the law, Application Users shall bear the sole legal responsibility for his/her behavior (including civil and criminal liability).
- Application Users shall keep their account ID and password in safe custody, and are prohibited to assign, authorize any third party to use their account ID and password logging in the Service. If Application Users cause any damages (including but not limited to damages of Application Users and other users) arising out of the behavior as stated above which can be attributable to the Application Users, Application Users shall bear the sole legal responsibility for the damages.
- Application Users shall note if there is any update about the application and shall update the latest version of the Service application. If Application Users fail to update the latest version and cause any damages arising of it, Application Users shall bear the sole legal responsibility for the damages.
- If Application Users decide to stop using the Services, Application Users shall execute the function of “Delete Account” on the application, or apply to Company for deleting account.
- Application User shall notice Company immediately if he/she finds or suspects account ID or password to be fraudulently used or improperly used by other people. This clause shall not be used in the interpretation of that Company is liable for the compensation or indemnification.
- When using the Services, Application Users shall abide by the Terms of Service, the related act or regulation of Republic of China (Taiwan), the related act or regulation of other countries where Application User is located, or related international common practice. Application Users warrant that he/she will not use the Service for illegal purpose, or he/she will not illegally use the Service. If Application Users fail to meet requirement as stated above and cause any damages to Company or any third party arising out of the breach, Application Users shall be legally responsible for the damages.
- Company may stop providing Services due to the maintenance, moving, or upgrading of the system. Company will give notice to Application Users in advance through application.
- When Company is aware of Account ID or password is fraudulently used, or improperly used by any third party through Application Users’ notice or finding the fact by itself, Company will immediately give notice to Application Users and stop to provide Services to the account.
- Under the circumstances set forth below, the Services may be temporarily suspended, or Company is entitled to suspend the Services or suspend the Application Users’ account.
- (1) Application User operates the device abnormally;
- (2) Application Users’ behavior is in violation of law or the Terms of Services;
- (3) The Service is suspended or cannot be normally operated due to any third party’s behavior;
- (4) Due to natural disasters, power outage, the battery of Device is running out of power, the Device cannot find signal because Device-wearing User’s moving, or any other circumstances that cannot be attributed to Company.
- 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 Device’s error, the Device-wearing User moving to high place, trees shielding the positioning, or high voltage electrical tower and etc.)
- Unless the parties agree otherwise, Company is not obligated to take any legal responsibility or liability arising out of suspending of Services or the error of positioning.
Company uses its best effort to protect the privacy of Application Users and Device-wearing Users. In addition to complying with Personal Data Protection Act and other related acts of Republic of China (Taiwan), Company will take safety measures meeting modern standard technologies which can be reasonably expected to protect the rights of Application Users and Device-wearing Users. Please refer to “Privacy Protection Statement”.
Intellectual Property Rights
- 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.
- Application User’s use of the Service cannot be construed that Application User has been explicitly or implicitly authorized the intellectual property rights by Company.
Terms agreed upon both parties
- If the Terms of Services are modified, Company will give notice to Device User through application. Application Users are deemed to have accepted the modified clauses. If Application Users have a doubt about the modified clauses, Application Users shall stop using the Services and deleting the account.
- In the event of the invalidity of any provision of the Terms of Services, such invalidity shall not affect the validity of the other portions of the Terms of Services.
- 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.
- 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 Application User, including but not limited to speed, security, liability, completeness, correctness, free of disconnected, or free of error.
Governing Law and Jurisdiction
The Terms of 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 Application Users or Device-wearing Users in connection with the Services shall be submitted to the Taipei District Court of Taiwan (R.O.C).
Publication Date: (10/26/2015) Terms of Services 1.2