Terms of
Use and Privacy Policy Agreement
I.
IMPORTANT NOTICE
Thanks
for using Safekid.
To use this kids GPS watch (hereinafter referred to as the “Device”) and the
related Software (hereinafter referred to as “the Software”), Peak Tech Power
Limited (hereinafter referred to as “the Company”) reminds you to read and
understand the Terms of Use and Privacy Policy (hereinafter referred to as “the
Agreement). This Agreement is a legal agreement between you and our Company
regarding your use of the Device and the related Software Service (hereinafter
referred to as “the Service”), that owned and provided with the Agreement by
our Company or any third party Service providers and licensors.
Only when
you accept the terms of this Agreement, you have the right to download, install
or use the Software and the related Services. Once you install, copy, download,
access or use this Software, it will be deemed to be an acceptance of the Agreement,
which means you agree to accept all the terms of the Agreement. Please do not install,
copy or use the Software if you are under 18 years old, or are not intended to
accept the terms of the Agreement.
This Agreement
may be updated by the Company at any time, and we will release the new Agreement
in a timely manner. If you continue to use our Services, you will be deemed as
accepting these updates.
II.
TERMS OF USE
1. Users’ Rights and Obligations
You can
use the Services provided by the Software and the joint Device through the smart
phone App.
If you comply with the terms and conditions of this Agreement, we grant you the
following rights:
a. After you have acquired the Device, give you a personal, non-transferable
and non-exclusive license to use the Software.
b. The number of Devices that can be bound by the Software is set by the Company
and may be adjusted as needed. You can make a copy of the Software and use it
only as backup. The backup copy must contain all the copyright information in
the original Software.
c. The user is responsible for the safe custody of the registered account
information and account password security, the user needs to register the
account and password under the legal responsibility. The user agrees not to use
any other member’s account or password in any case. When you suspect that someone
else is using your account or password, you agree to notify the Company
immediately.
2. Scope of Responsibilities
You are
fully aware of and agree that you must be responsible for all actions under
your account, and you will be responsible for the content of the Service, and
assume all risks arising from the use of the content, including the risk
arising from your dependence on the correctness, completeness or practicality
of the content. We are not able and will not be liable for any loss or damage
resulting from such risks.
3. User Prohibited Behavior
You
should not engage in any of the following acts, unless permitted by law or
written by the Company:
delete the copyright information in the Software and its copy; reverse
engineer, decompile, reverse coding, or attempt to discover the source code of
the Software; use, copy, modify the content of the Company’s intellectual
property, or use the Software to provide business services. Unless laws and
regulations expressly provided to allow the above activities, the user must
obey this Agreement.
III. PRIVACY PROTECTION AND STATEMENT
1. The
Reason for User Information Collection
The Company
may collect basic user information or personal information, so as to provide a
better user experience and personalized Service.
2. Content of User Information to Be Collected
1) Device IMEI code
The Device is assigned a unique IMEI code, through which your Device can
synchronize the data of contacts, voice messages, schedule reminders, etc.
between the Device and the Software through the server.
2) Information that collected by third-party applications
Some third party applications may request some user information to be sent to
the Device, but the Company declares that this will not involve your personal
identification information. At the same time, the Company may, for the purpose
of performing some functions, such as billing-related tasks, may share your non-personal
information with the designated third-party application provider, but the Company
declares that it will not involve your personal identification information. The
third-party application provider will be required to process your information
in accordance with the relevant confidentiality Agreement or privacy policy of
the Company.
3) Location Information
Your Device may send location information to our Company, such as GPS
information.
4) App may report the location of your smart phone.
3. Use of User Information
We will use your information to process your request and provide related Services
to you. In addition, the Company may also use your user information to analyze,
to help new function development and overall quality improvement of the product
Service. In particular, you can also choose not to use a specific Service or
feature of the Device.
4. Anonymous Use
You do not need to show your true identity or provide your basic personal
information to us during the use of the Device. But we may, as needed, collect
and store the network usage data generated during your usage of the Device.
5. Information Collection
By using this Device, the Company may collect the following information to
provide Services to users, including but not limited to custom content, and
advertisement, check, research, and analyze for maintaining and protecting our
complete Service, to ensure the normal operation of network technology and the
development of new Services.
IV. LIMITATION OF LIABILITY AND EXEMPTION
1. Guaranteed Disclaimer
Except as
expressly provided in the form of a separate notice in writing in your Device,
all Software provided by the Company on this Device, whether contained in the Device,
downloaded or otherwise is provided “as is” and is based on “available” basis
without any express or implied warranties from the Company.
In the maximum extent permitted by the use of the law, the Company disclaims
any liability for any express, implied or statutory warranties, including but
not limited to any express or implied warranties of merchantability, quality or
work satisfaction, fitness for a particular purpose, reliability, availability,
no virus, benefit, non-encroachment of third party rights or other
infringement. Please note that the above restrictions do not apply to areas
where applicable law does not exclude or limit implied warranties. At the same
time, any advice or information obtained orally or in writing from the Company
or its affiliates is not deemed to be a change or modification of the Company’s
disclaimers regarding the Software, nor is intended to create any warranties
from the Company.
2. Limitation of Liability
The Company
is not responsible for any damage arising out of or in connection with the use
or inability to use the Software or any third party application, the content or
functionality includes, but is not limited to damage, error, loss, defect,
operation or propagation delay, connection failure, network charge, program
procurement, etc. as well as other direct or indirect, special, accidental,
punitive or consequential damages. The above restrictions do not apply to cases
where the law does not exclude or limit.
Regardless of the signed limitation of liability, for all losses, damage, cause
of action, including, but not limited to, the cause of the action, or other
terms under this Agreement, the Company’s full liability is limited to the
amount actually paid for your Device or any third party application included in
this Device. In particular, the restrictions, exclusions and disclaimers signed
by the Company are used to the fullest extent permitted by applicable law.
3. Dispute Resolution and Applicable
Law
This Agreement
shall apply to the law of the People's Republic of China
Where any
dispute arising from or in dispute with this Agreement shall be settled through
friendly consultation, any party may submit the dispute to the local court
which has jurisdiction over this Agreement. Any form of un-settable disputes or
disputes arising out of or in connection with the use of the Software, shall be
subject to the non-exclusive jurisdiction of the courts of your area. However,
the above restrictions do not prevent the Company from applying for emergency
legal remedies in any jurisdiction.
4. Agreement Separable
This Agreement
constitutes a complete Agreement between the Company and you with respect to
the Software and any other matter entered in this Agreement, and supersedes all
written or oral communication, recommendations, representations, or Agreements
made in respect to the content previously designed or contemplated in this Agreement.
If any provision of this Agreement shall be deemed to be deleted from because it
is fully or partially invalid or cannot be executed by any reason, or in
violation of any applicable law, the remaining provisions of this Agreement
shall remain valid and binding.
5. Termination of the Agreement
This Agreement
shall be effective before the Company has issued a Termination Statement or you
have voluntarily terminated.
The
maximum extent permitted by applicable law, including but not limited to direct
or indirect personal damage, loss of business profits, loss of business
interruption, loss of business information, or any other economic loss due to
the use of this Software, the Company will not take any responsibility. And, if
you fail to comply with the terms and conditions of this Agreement, your
authority under this Agreement will be automatically terminated without formal
notice from the Company.
For the
loss caused by the failure of the telecommunications system or the Internet,
computer failure or virus, information damage or loss, computer system problems
or any other loss caused by force majeure reasons, the Company will not take
any responsibility.
After the termination of this Agreement, you must cease all use of the Software
and associated Device, and destroy all or part of the copy of the Software.
V.
OTHER TERMS
After you
install the Software, in order to enhance the Software function or modify the
problem, enhance the use of Software experience, we provide Software online
upgrade function. You are recommended to upgrade the latest version of the Software
in time.
The Company has the right to change the Agreement according to the relevant
laws and regulations, as well as the adjustment of the Company's operating
conditions and business strategy. Modified Agreement will be published on
official website of the Company. The Agreement is consistent to the latest
version. User can delete the Software if he/she does not agree with the Agreement.
If the user continues to use this Software, it will be deemed to be accepted
the change in the Agreement.
The Company
has the maximum rights permitted by law of interpretation and amendment to this
Agreement.