PKinno Inc. (“Company”) provides: (1) a user account website that may be accessed at http://www.k3connect.net/ (“Site”), (2) “K3 Connect” software that may be downloaded to your smartphone or tablet to access Service (“Mobile Apps”), all for use in conjunction with compatible hardware products (“Products”). The term “Service” means the Site and Mobile Apps.
These Terms of Service (“Terms”) govern your access to and use of the Service. These Terms give you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.
THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE SERVICE, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICE AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD DISCONNECT YOUR PRODUCTS FROM YOUR ACCOUNT (AS DESCRIBED BELOW) AND CEASE ACCESSING OR USING THE SERVICE.
1. Overview, Eligibility, Term and Termination
(a) Overview. These Terms govern your use of the Service. Your purchase of any Product is governed by its limited warranty provided with that Product and may further be governed by its Terms & Conditions of Sale.
(b) Eligibility. You may use the Service only if you can form a binding contract with Company, and if you are in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules, and regulations.
(c) Term and Termination. These Terms will remain in full force and effect so long as you continue to access or use the Service, or until terminated in accordance with the provisions of these Terms. At any time, Company may (i) suspend or terminate your rights to access or use the Service, or (ii) terminate these Terms with respect to you if Company in good faith believes that you have used the Service in violation of these Terms, including any incorporated guidelines, terms or rules. If you transfer a Product to a new owner, your right to use the Service with respect to that Product automatically terminates, and the new owner will have no right to use the Product or Service under your Account (as described below) and will need to register for a separate Account.
(d) Effect of Termination. Upon termination of these Terms, your Account and your right to use the Service will automatically terminate.
To use the Service, you may register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service does not violate any U.S. or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You may not use another user’s account without the express permission of the account holder. If any password is required to use the Service, you agree to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account, and to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Company is not liable for any loss or damage arising from your failure to comply with the above requirements.
3. Access to Service
(a) Access and Use. Subject to these Terms, Company grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Service by (i) using the Site in connection with, and solely for the purpose of, controlling and monitoring Products installed on your property or otherwise accessing a service explicitly provided by Company for your use (the “Permitted Purpose”), and (ii) installing and using the Mobile Apps solely on your own handheld mobile device and solely for the Permitted Purpose.
(b) Automatic Software Updates. Company may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Service and/or the Product Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Service. You acknowledge that you may be required to install Updates to use the Service and you agree to promptly install any Updates Company provides. Your continued use of the Service is your agreement to these Terms with respect to the Service.
(c) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Service; (iii) you agree not to access the Service in order to build a similar or competitive service; (iv) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Service, the Product, the Product Software, or any other system, device or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Service or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Service by means other than through the interface that is provided by Company; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Service. Any future release, update, or other addition to functionality of the Service shall be subject to these Terms.
(d) Open Source. Certain items of independent, third party code may be included in the Web and/or Mobile Apps that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. In particular, nothing in these Terms restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL.
(f) Security. Company cares about the integrity and security of your personal information. However, Company cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
(g) Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.
4. Agreed Usage and Limitations Of Company Service
(a) Intended Use of Company Service. The Service are intended to be accessed and used for non-time-critical information and control of Products. While we aim for the Service to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Service are subject to sporadic interruptions and failures for a variety of reasons beyond Company’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Company is not responsible for any damages allegedly caused by the failure or delay of the Service to reflect current status or notifications.
(b) Temporary Suspension. The Service may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. Company does not offer any specific uptime guarantee for the Service.
(c) The Service provide you information (“Product Information”) regarding the Products in your home and their connection with other products and Service. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing Product Information through the Service is not a substitute for direct access of the information in the home.
5. Limitations Of the Service Due to Third Parties
(a) General. The Service relies on or interoperates with third party products and Service. These third party products and Service are beyond Company’s control, but their operation may impact or be impacted by the use and reliability of the Company Service. You acknowledge and agree that: (i) the use and availability of the Service is dependent on third party product vendors and service providers, (ii) these third products and Service may not operate in a reliable manner 100% of the time, and they may impact the way that the Company Service operate, and (iii) Company is not responsible for damages and losses due to the operation of these third party products and Service.
(b) Third Party Service Providers Used By Company. You acknowledge that Company uses third party Service providers to enable some aspects of the Service – such as, for example, data storage, synchronization, and communication through Amazon Web Service, and mobile device notifications through mobile operating system vendors and mobile carriers. YOU AGREE NOT TO RELY ON THE SERVICE FOR ANY LIFE SAFETY OR TIME-CRITICAL PURPOSES.
(d) Third Party Products and Service that Work With Company Service. Company may provide the opportunity for you to interface to Third Party Products and Service. These Third Party Products and Service are not Company products and Service and you agree that Company is not responsible for damages or loss that may be caused by them.
(e) App Stores. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps (each an “App Store”). You acknowledge that these Terms are between you and Company and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
(f) Third Party Website Links and Referrals. The Service may contain links to other web sites operated by third parties (“Third Party Sites”) and referrals to third party vendors (“Referred Vendors”). Such Third Party Sites and Referred Vendors are not under our control. Company provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites or Referred Vendors. Your use of these Third Party Sites is at your own risk.
(g) Release Regarding Third Parties. Company is not responsible for third parties or their products and Service, including the App Stores, Third Party Products and Service, Third Party Sites, Referred Vendors, Equipment, ISPs, and Carriers. You hereby release Company and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and Service.
6. Ownership and Intellectual Property
You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service are owned by Company or its affiliates or our licensors. Your possession, access, and use of the Service do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Company and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Service is licensed to you, not sold, under these Terms.
You may choose to, or Company may invite you to submit comments, suggestions, or ideas about the Service, including how to improve the Service (“Feedbacks”). By submitting any Feedbacks, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Company under any fiduciary or other obligation. Company may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Company does not waive any rights to use similar or related ideas previously known to Company, developed by its employees, or obtained from other sources.
8. Use at your own risk
You shall bear any risk potentially arising from your use and access to the Service. Company will not be liable for any damage, loss of data or other losses caused to your computer systems or mobile devices by your use or access to the Service. You acknowledge and agree that you shall not rely on the Service with any causes.
You agree to indemnify and hold Company and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of your violation of these Terms. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Company’s prior written consent.
10. Warranty Disclaimers
(a) THE SERVICE ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND COMPANY AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
(b) COMPANY AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THOUGH THE SERVICE SHALL CREATE ANY WARRANTY.
11. Limitation of liability
Nothing in these Terms and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICE OR THE PRODUCTS, EVEN IF COMPANY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) COMPANY’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICE AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO COMPANY FOR THE SERVICE OR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. COMPANY DISCLAIMS ALL LIABILITY OF ANY KIND OF COMPANY’S LICENSORS AND SUPPLIERS.
12. Changes to these Terms
Company reserves the right to make changes to these Terms. You should ensure that you have read and agree with our most recent terms of service when you use the Service. Continued use of the Service following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Company’s prior written consent. These Terms may be assigned by Company without restriction. These Terms are binding upon any permitted assignee.
14. Governing law and jurisdiction
The legal dispute arising from your access to the Service, if any, shall be governed by the Taiwanese laws without involving the application of law in civil relations with foreigners. You also agree that the dispute shall submit to the jurisdiction of New Taipei District Court, Taiwan in the first instance.
15. Entire agreement
These Terms constitute the entire agreement between you and Company regarding the use of the Service shall supersede any prior agreement between you and the Company with respect to the same. Any failure by Company to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
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